City Deals
Greg Clark Excerpts(9 years, 5 months ago)
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The Minister for Universities, Science and Cities (Greg Clark)
I can today inform the House that the Government have reached an agreement on devolution with the Sheffield city region, which will transfer powers over economic growth to local control.
The deal will give the Sheffield city region LEP and combined authority more control over the key levers of economic growth and job creation, while also strengthening local governance and giving businesses a bigger say in key decisions. The deal covers skills, employment, business support, transport and housing, areas which have been identified by Sheffield city region.
Sheffield city region will assume greater control over skills and business support spending in their area, working closely with the Government. These changes will make the skills and business support systems more responsive to employer demand in the Sheffield city region, and help accelerate growth.
The Government will work closely with Sheffield city region on public transport, aiming to improve bus, tram and train services and moving towards smart, integrated ticketing across the transport network. The Government will also work in partnership with Sheffield city region to dispose of public sector assets in a way that supports economic growth and achieves best value for the public purse.
This deal also lays the foundations for the Government and Sheffield city region to continue working together on further devolution, while also strengthening the city region’s governance and capacity to deliver. As part of this, Sheffield city region will consider different options for improving local governance and accountability, including the possibility of a directly elected mayor. Any further agreements will be subject to further discussions at local and national level.
Science and Innovation
Greg Clark Excerpts(9 years, 5 months ago)
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The Minister for Universities, Science and Cities (Greg Clark)
I have today laid before Parliament a Command Paper “Our plan for growth: science and innovation”. The document sets out the Government’s strategy to build on the great strengths of British science and enterprise, the Government’s priorities for investment and support to 2020-21, and the key principles that will underpin science policy during the next 10 years and beyond.
Recall of MPs Bill
Greg Clark Excerpts(9 years, 5 months ago)
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Thomas Docherty
The hon. Lady is entirely right. There is significant concern, not only in Northern Ireland but in other parts of the United Kingdom, that repeated, harassing private prosecutions could be brought by well-funded groups.
By the admission of all concerned, more work still needs to be done on these two processes. It is less than satisfactory to be sending to the other place something that, by any standard, is not in a fit condition. To be clear, this House is being asked to delegate to the House of Lords responsibility for producing workable recall mechanisms. I regret to have to inform the hon. Member for Cambridge that I cannot, in good conscience, encourage colleagues to vote for new clause 2 and amendment 15 and their associated amendments, because it would be better if they were withdrawn and a fresh look at the whole issue was taken by the other place. May I make him an offer? If he withdraws his new clause and amendment, Labour peers will work with him and his Lib Dem colleagues to draft workable, robust and watertight proposals. We are clear that we are not giving up on the principle behind the new clause and amendment, and we urge him to take the same approach.
I want briefly to respond to the new clause and associated amendments tabled by my hon. Friend the Member for Foyle and others. We fully understand the rationale behind his new clause. The requirement that a Member of Parliament must take the oath before being allowed to represent the people who have elected them has placed not just his party—the Social Democratic and Labour party—but many others in an invidious position. The SDLP, in particular, has wrestled with this problem for many years, and I suspect that we are not going to solve it in one afternoon. He has raised a broader, quite interesting idea about whether the oath or pledge we undertake to fulfil is to our country as a whole or just to the constituents who may or may not have voted for us. I therefore suggest that the both the narrow question of whether the oath should be supplemented, or even replaced, by a pledge and the wider question of its purpose should be considered more fully.
The House will already be aware that the Labour party has proposed a constitutional convention that would meet after the general election to consider how we are governed, including the future shape, size and accountability of the second Chamber, and to examine codifying our constitution and reforming our political system. I urge my hon. Friend to seize that opportunity to make his case, as I am sure he will receive a sympathetic hearing. In that spirit, I urge him not to press his new clause to a vote but to ensure that his party plays a full part in the convention next year.
The Minister of State, Cabinet Office (Greg Clark)
Thank you, Mr Speaker, for allowing me to speak at this stage of the debate to set out the Government’s views on the amendments and new clauses. It will not have escaped anyone’s notice, as hon. Members have said, that the Government have tabled no amendments on Report. That reflects our continuing view that the Bill, as drafted, meets fully and faithfully the commitment that our parties made in their 2010 election manifestos.
My party’s manifesto committed to
“introduce a power of ‘recall’ to allow electors to kick out MPs, a power that will be triggered by proven serious wrongdoing.”
The Liberal Democrats’ commitment was to
“introduce a recall system so that constituents could force a by-election for any MP found responsible for serious wrongdoing.”
The Labour party made a similar pledge.
Douglas Carswell
Does my right hon. Friend think it is somewhat regrettable that the recall proposal does not actually have a recall mechanism in it? There is nothing in it that actually allows voters to have that binary referendum in their constituencies to decide whether or not to recall their MP.
Greg Clark
The recall measure contained in the Bill is precisely that envisaged by the parties’ manifestos.
Throughout the passage of the Bill, the Government have made it clear that—beyond implementing our manifesto pledges—it is open to the House to make further amendments, and that, on the Government side of the House, they would be subject to a free vote, including by Ministers. Given that, all I want to do now is make some observations on the part of the Government about some of the advantages and disadvantages of the amendments in question. I repeat that it will be for the House to decide whether to adopt them.
I will first turn to the amendments tabled by the hon. Member for Dunfermline and West Fife (Thomas Docherty). As he has said, amendments 16 and 17 would alter clause 2 to ensure that historical offences would be liable to trigger recall, which reflects a similar amendment tabled in Committee. As I said when I last stood at the Dispatch Box, there is a case that if an MP were elected and his or her constituents were unaware of the fact that he or she had committed a crime because it had not come to court, that MP might be said to have been elected on a false prospectus. Against that, as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has pointed out, it remains novel for legislation in this House to have what could be argued is a retrospective effect, and for a criminal act to have consequences—in this case, triggering recall as an MP—that were not the case when the act was committed.
Amendment 14, tabled by the hon. Member for Dunfermline and West Fife, would alter clause 1 to reduce the number of sitting days from 21 to 10, and the number of days if not expressed in sitting days from 28 to 14. It would also introduce a requirement that for a suspension to trigger recall it must follow on from a recommendation by the Standards Committee. Nevertheless, the length of time for which the MP would be suspended by the House may be different or the same as that recommended by the Standards Committee. That would ensure, as the hon. Gentleman has said, that an MP named by the Speaker for a second offence and suspended for 20 days would not be subject to a recall petition.
The argument in favour of the amendment is that more MPs would be caught by the provision who previously would have withstood the effect of recall. If the recall petition process had been in force with the threshold set at 10 sitting days, then of the 11 MPs suspended since 2000 seven would have met the condition for opening the process. Under a threshold of 21 sitting days, two MPs would have been caught. A further two MPs resigned before the suspension came into effect.
The argument against the proposed change is that the House may wish to impose its own suspensions—sometimes quite long ones—without the consequence of a recall process necessarily being triggered. In other words, the proposal would reduce the scope that the Standards Committee might have to issue sanctions without triggering the recall process.
Amendment 15, tabled in the name of my hon. Friend the Member for Cambridge (Dr Huppert), would mean that a Member of Parliament convicted of the common law offence of misconduct in public office would be subject to a recall petition process regardless of the sentence imposed. Misconduct in public office is a common law offence in England and Wales, punishable by a maximum sentence of life imprisonment. There is, however, no clear, exhaustive definition of what misconduct in public office covers. Action that amounts to misconduct is likely also to be contrary to other laws. The boundaries of the offence are not clearly defined, so they are uncertain. Despite there being relatively few prosecutions each year, a disproportionately high number of those cases are appealed against.
The common law offence of misconduct in public office does not exist in Scotland, so there is a risk that an MP from Scotland could commit the offence of misconduct in public office while working in Westminster given that the offence applies in England, but not if the offence took place while working in their constituency.
Dr Huppert
The Minister is making an interesting point, but is it not the case that an MP taking any other action that was not a criminal offence under Scots law but was such an offence in Westminster could be punished for committing it in England but not for doing it in Scotland?
Greg Clark
Indeed. From reading the minds of Members who are interested in, and sympathetic to, a provision of this kind, it is not clear to me that they intended to have different regimes in different parts of the United Kingdom, given that all of us have the common characteristic of being returned to serve in the United Kingdom Parliament after election by our constituents.
I want to address Opposition amendment 24 on the Parliamentary Standards Act 2009. The legislation was brought forward following the expenses scandal, and it deals directly with dishonest claims for MPs’ expenses. It is fair to say that that issue obviously provided some of the impetus behind the recall proposals in the first place. The offence in section 10 of providing false or misleading information in claims for allowances is intended to deal with the situation in which an MP provides information that he or she knows to be false or misleading. It does not cover innocent mistakes; we are talking about deliberately providing false information. So far, no prosecutions have been brought under the Act. I remind the House that the former MPs and peers who were convicted of fraudulent expenses claims were all sentenced to terms of imprisonment.
It seems to me that the question before the House on amendment 24, and indeed on the territorial aspects of amendment 15, is whether certain criminal convictions should be singled out as requiring treatment that is different from the treatment of other convictions. The trigger relates to imprisonment for other offences, many of which—including the Theft Act 1968—have been used to prosecute Members of Parliament. In considering this matter, the question in colleagues’ minds should be, to put it crudely, whether theft from a member of the public is less worthy of automatic sanction than theft through the IPSA expenses system. Treating those offences differently introduces a distinction that currently does not exist.
Thomas Docherty
Does the Minister however accept that that can happen in other professions? For example, a lorry or taxi driver who receives a driving-related conviction can lose their job, even though they are not disqualified from driving, because committing a driving offence is incompatible with being a professional driver. I am sure that the whole House would agree that the misuse of public funds—stealing from the taxpayer—is incompatible with being a Member of Parliament.
Greg Clark
I accept that. As I have said, the Government’s view is that we should have a free vote on the amendments. I have pointed out the advantages of amendment 24, of which that is one, but it is fair to delineate the consequences. It would, for the very good reasons that the hon. Gentleman gave, put a particular type of criminal offence into the different category of being particularly worthy of sanction, but it carries the implication that some equally egregious and offensive action—clearly, any criminal conviction should be so regarded—would attract a lesser sanction. To put it bluntly, in many people’s minds, theft from a constituent may not be seen as lighter than theft from the parliamentary expenses system; they would both be equally worthy of condemnation. I make that point to clarify the choice facing the House.
I want to address the new clauses and the amendment tabled by the hon. Member for Foyle (Mark Durkan), which would introduce a new recall condition. New clause 4 would provide that, at the start of each Parliament, an MP had to subscribe to a pledge to act in accordance with the MPs’ code of conduct, and to uphold the standards of public life. Under new clause 5, if 500 of the MP’s constituents signed a petition complaining that the MP had breached the pledge, the election court could consider the matter and trigger the opening of a petition.
It came out in the debate, as the hon. Gentleman acknowledged, that his proposed system would overlap with the disciplinary system set up by the House, because nothing would prevent the election court from considering a matter that the Standards Committee had considered and come to a view on—perhaps a different view from that of the election court. It is not clear whether his proposal envisages public scrutiny of MPs’ compliance with the code of conduct superseding the role of the Standards Committee in recommending sanctions. In addition, it could be seen as setting the code of conduct on a statutory footing.
Mark Durkan
My preference is for the code to be policed by the public, using the mechanism of accountability in a proper, open recall system. That is what I want to see, alongside a newly framed pledge.
Greg Clark
The hon. Gentleman made that point clear in his speech.
The amendments and new clauses tabled by my hon. Friend the Member for Cambridge are a modified version of those tabled by my hon. Friend the Member for Somerton and Frome (Mr Heath) in Committee. The intentions of involving the public and taking the responsibility for judging other MPs’ behaviour away from MPs attracted support in Committee. The hon. Member for Dunfermline and West Fife expressed disappointment that those intentions had not been reflected in a Government amendment, as did my hon. Friend the Member for Cambridge in his blog. However, these issues are not easily captured in legislation in a way that avoids the pitfalls that have been mentioned in this debate. It is not for the want of trying, if I may put it in that way. It is for the House to take a view on the proposal if it is pressed to a vote.
Dr Huppert
We will see what happens in the Division, but will the Minister assure us that the Government, with all their advice and lawyers, will seek to come up with a more workable proposal in the other place if we cannot get our proposal through in this place?
Greg Clark
The Government’s demeanour throughout the debates on the Bill, if I may put it in this way, has been that we are open to facilitating the development of amendments and proposals that either House can debate. In conversations, I have been open to allowing officials to advise on the kinds of proposals that may or may not work legally. I see no reason why that should not continue. It is important to be clear that such proposals cannot carry the guarantee of a Government amendment, but I am happy to use my offices and those of my ministerial colleagues to have those conversations.
Chris Bryant (Rhondda) (Lab)
I urge the Minister not to listen too much to the hon. Member for Cambridge (Dr Huppert) for the simple reason that there is a fundamental flaw in his proposals: we would be asking a court to make a judgment on whether such a petition should go forward on remarkably subjective terms. Each of the terms in his proposals—“trivial”, “vexatious”, “brought for party political purposes”, “misconduct”, “trust”—is entirely subjective and is surely not good enough for a court to be able to assess.
Greg Clark
I said a few moments ago that it had not been possible, in good faith, for the Government to recommend an amendment that the House could responsibly be invited to support. Since further amendments or developments of the Bill are a matter for the House I will ensure that advice and help is provided, but these matters must be considered and there is no guarantee that a form can be found that avoids the practical difficulties. The hon. Gentleman’s more fundamental point is a matter for this House and the other place, and any amendments would return to this House to be determined.
Let me set out some of the challenges in the new clauses, although some have been expressed already. The definition of misconduct is based on the common law offence in England and Wales, but its test is not just the criminal offence. As drafted, it could capture behaviour that would not be a criminal offence, including in an MP’s private affairs, and it would be for the court to judge whether certain behaviour in a Member’s private life amounted to misconduct. The election court would have to apply the test of whether the MP had committed
“misconduct to such a degree as to amount to an abuse of the public’s trust”.
I understand and appreciate the aim of linking misconduct to an MP’s standing in the eyes of the public, but as drafted it is a rather subjective test. The House will want to take a view on the kinds of evidence and analysis that a court might draw on to judge whether the public at large felt there had been a betrayal of trust, including where no criminal offence was alleged to have been committed.
Sir Paul Beresford (Mole Valley) (Con)
My right hon. Friend will be aware that that position has been discussed by the House as it relates to the Committee on Standards, and it was rejected.
Greg Clark
I am grateful for that intervention. It is now clearly on the record and Members can reflect on the view taken by the Committee.
Let us consider the body that would make the judgment about alleged misconduct. Election courts are convened to consider cases that question the outcome of an election, and they do not meet unless a petition has been brought. At the end of the hearings, the court determines whether the election was valid or void, which can take several months to a year. The court has no investigative capacity but hears views from relevant parties. Giving this new role to an election court would mark a significant departure from current practice, and as I said, it lacks the capacity to launch an investigatory process. Furthermore, no appeal is provided for in the new clauses; indeed, the election court is not currently subject to appeal but only to limited judicial review. That raises the question of whether the election court model is the right basis for the proposal. If it is, I suspect that a number of questions could usefully be asked when fleshing out the detail, including whether there should be an appeals mechanism.
My hon. Friend the Member for Cambridge proposes to set the number of petitioners necessary for the election court to consider an allegation of misconduct at 500. Of course, if it is alleged that a criminal offence has been committed it takes only one person to make a complaint and to have it investigated by the police. Arguably, if the complaint is valid, it should be taken forward regardless of the number of complainants. On the other hand, as a test of popular will the House will want to take a view on the right number of petitioners. The new clause increases to 15% the percentage of electors who need to sign the petition to trigger recall, which is higher than for the other conditions. However, 500 is a lower threshold for the initial trigger.
If there are to be such additional triggers in the Bill, the House must consider whether to set out the relationships, or hierarchy, between the different recall conditions. An election court could look at issues that could also be considered by the Committee on Standards, which operates on a trigger, or by the police as the gateway to a criminal conviction. If the defence was rehearsed before an election court, or if the court’s finding was considered prejudicial to an MP’s presumption of innocence, it may not be possible for them to have a fair trial. The fact that an MP had to answer allegations in an election court could prevent him or her from facing criminal prosecution for misconduct that amounts to a criminal offence.
Finally, let me turn to the issue of parliamentary privilege. New clause 3 includes a provision stating that section 9 of the Bill of Rights will not be affected. I understand that this is intended to ensure that privileged matters are not the subject of judgment by the electoral court. However, the use of the word “affecting” could be read in one of two contradictory ways by a court: either as a statement that privilege matters are excluded; or as an admission that the Bill overrides the Bill of Rights, and therefore impacts on privilege but only for these limited purposes, thereby inviting an election court to consider privileged issues as part of a case. If an exclusion is desired, it could benefit from clarification.
In conclusion, the Government were clear on Second Reading that we are open to ways to improve the Bill and we stand by that commitment. My intention has been to summarise and highlight some of the points the current drafting raises. It is right that the House votes in full knowledge of the technical and policy challenges that remain, as well as the principles behind the amendments. I look forward to hearing the views expressed during the remaining part of this debate.
Dame Angela Watkinson (Hornchurch and Upminster) (Con)
I support the principle of the Bill: to enable the recall of MPs between general elections if they are considered to have conducted themselves in a grossly unacceptable or inappropriate manner that has led either to a custodial sentence or a suspension from the House of Commons for a period of at least 21 sitting days. Sentences of more than 12 months already lead to automatic disqualification under section 1 of the Representation of the People Act 1981. A third trigger has been proposed, in new clause 2, for a petition signed by 500 people to present allegations of improper behaviour. Presumably, this would not relate to illegal conduct, which would have already led to arrest and charge. I urge caution, because I think this opens up a whole debate on the interpretation of the word “improper”, which will mean different things to different people. An MP’s prolonged absence from the House of Commons without good reason would not be a criminal offence, but it would leave constituents effectively unrepresented and might justify a recall petition on the grounds of wholly improper conduct.
I did not support proposals in Committee for recall by 5% of the electorate for any reason. I predict that “any reason” could comprise such a wide spectrum as to invite frivolous petitions and could include, for example, disapproval of an MP’s political or religious views on controversial subjects such as: a Member’s sexual orientation, entering a same-sex marriage, capital punishment, euthanasia, abortion, smoking, hunting, alcohol, drugs, gambling and local planning matters. We could all think of any number of reasons that would give rise to frequent vexatious recall attempts of MPs with views that are unpopular with certain sections of their electorate. Recall could be generated easily by well-funded pressure groups or individuals, with all the associated costs to the taxpayer.
I am also concerned that 500 constituents would form a very small percentage of the electorate. In a constituency of 85,000, 500 would be way below 1%. I have not done the exact calculation, but it would be somewhere between 0.5% and 1%. I am sure somebody is scribbling away already to give me the exact figure. That threshold is far too low, and for that reason I will not support new clause 2, new clause 5 or the related amendment 34. Every Member of this House will know that an accusation against one of our number reflects on each and every one of us, and on Parliament as a whole. The blame falls collectively and the media rejoice in referring to MPs as though all 650 of us are guilty of something of which one or a very small number stand accused. We need to guard against a “guilty until proven innocent” culture, where an MP may be destroyed reputationally and financially, and then, when cleared, finds that the damage is irreparable.
New clause 4 proposes an MP’s pledge. This has some merit, although I have always assumed that its contents were implied when an MP is sworn into this House. The pledge would reinforce that, although I do not take comfort, as the hon. Member for Foyle (Mark Durkan) does, that its contents would reassure the general public or help to deter vexatious accusations.
Oral Answers to Questions
Greg Clark Excerpts(9 years, 6 months ago)
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Mr David Amess (Southend West) (Con)
1. What assessment he has made of the progress of the second wave of city deals.
The Minister of State, Cabinet Office (Greg Clark)
Twenty-eight city deals have now been concluded and each one is bespoke to the area that negotiated it. Together the city deals have brought about new investment in roads, support for small businesses, the regeneration of derelict sites, employer-led skills training and an expansion in the number of apprenticeships.
Mr Amess
Southend is not just the alternative city of culture 2017; under this Conservative-led Government, it is also increasingly seen as the place to do business and to invest. Will my right hon. Friend share with the House what progress is being made on the delivery of the Southend city deal programme?
Greg Clark
I will indeed. I had the great pleasure of visiting Southend in March with my hon. Friend and my hon. Friend the Member for Rochford and Southend East (James Duddridge). This is a very good deal for Southend and it is being implemented. Its focus is on supporting small businesses in Southend. Everyone knows that Essex has a formidable reputation for the entrepreneurialism of its people, and that is now supported in Southend. The deal will have the further side-effect of helping to regenerate the area of Victoria avenue, and I know my hon. Friend the Member for Southend West (Mr Amess) has long championed the need to improve that area.
Andrew Gwynne (Denton and Reddish) (Lab)
The Minister said that city deals are bespoke entities and I certainly welcome the Greater Manchester devolution package. One of the benefits of the regional development agencies that this Government scrapped was that they brought in strategic thinking outside city region boundaries, but that has now gone. What is the Minister doing to make sure that we get proper strategic thinking and strategic planning in place so that we do not just end up with a patchwork of city deals, but get proper decisions that suit areas wider than city regions?
Greg Clark
There is more strategic thinking going on in Manchester, in conversation with the Government, than ever took place when it was suppressed under the regional development agencies. It is a tragedy and a disgrace that a city of the eminence of Manchester should be suborned to a region that was designed in Whitehall and enjoyed no local affection. It is emerging from that and emerging strongly, which is much to the credit of the leaders across Greater Manchester.
Mike Crockart (Edinburgh West) (LD)
Will my right hon. Friend share with the House the progress being made with the first Scottish city deal in Glasgow, and are any discussions taking place with other great Scottish cities, such as Edinburgh?
Greg Clark
The city deal with Glasgow was signed during the summer and it is proceeding apace. The medical research centre will be one of the most exciting, cutting-edge opportunities in the country. It involves a long-awaited connection to Glasgow airport and the city. I have received indications from other Scottish cities that they would welcome very much a city deal of their own. No decisions have been taken as to whether that is possible, but I listened very carefully to the representations.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Minister will know that Huddersfield is part of the Leeds economic partnership area. We are not against city deals—we are very interested in them—but, strategically, what is their democratic content? What is the plan for long-term democratic participation? How are we going to attract good people to come in and be the democratically accountable people who run the city deals?
Greg Clark
The hon. Gentleman makes a reasonable point. One of the sadnesses of the tendency to suck power away from our great cities to Westminster and Whitehall is that it reduces the authority and the influence of the leaders of the cities, towns and counties. Empowering the cities and getting them to enjoy their renaissance is a powerful incentive for people to come forward with the ambition and aspiration to lead them, and that is what we are doing.
Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
12. My right hon. Friend very kindly gave a city deal to Plymouth earlier this year. Does he agree that, in order to maximise it, we have to make sure that we have good transport links down into the south-west?
Greg Clark
I agree. It was a delight to be at the Devonport dockyard to sign the Plymouth city deal in the company of my hon. Friend. Of course, the south-west relies on good transport connections. He will know that the south-west growth deal included a lot of investment in roads. He was kind enough to come to Exeter for the signing of that deal. I encourage him to work with his local enterprise partnership to put forward the best new projects for what I hope will be the next round of growth deals.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
The Minister will not be surprised to know that I endorse the comments of the hon. Member for Edinburgh West (Mike Crockart) about Edinburgh being an ideal location for the next round of city deals, particularly for one focused on the regeneration of Leith docks, which happens to be in my constituency.
Greg Clark
I am delighted that representations are coming from all parts of the House for building on the success of our city deals programme.
Andrew Stephenson (Pendle) (Con)
2. What discussions he has had with Lancashire local enterprise partnership on the timing and size of the second phase of local growth deals.
The Minister of State, Cabinet Office (Greg Clark)
The first round of growth deals gave a major boost to local economies by investing in transport, skills and housing, and by helping businesses to create thousands of new jobs. I am determined to build on the momentum of the growth deals, so I have invited local businesses and civic leaders from across England to propose the next set of projects to be funded from the local growth fund.
Andrew Stephenson
On 15 October, I met representatives of the Lancashire LEP, and I have since made my views known to them about the importance of Brierfield mill and other projects in my constituency. I have also made my views known to the Minister. How does Lancashire fit into the Deputy Prime Minister’s Northern Futures project and the Chancellor’s northern powerhouse project?
Greg Clark
Lancashire is absolutely fundamental to the northern powerhouse. For our country to prosper at its optimal level, every part of it needs to be firing on all cylinders, and that certainly includes Lancashire. My hon. Friend has made a powerful case for the Brierfield mill development. I look forward to having the chance to see it in person before long. I encourage him and all Members of the House to engage with their local enterprise partnerships. In my view, Members of Parliament have a pretty good idea of what the most important economic priorities are, so they should feed those priorities into the LEPs.
Mr William Bain (Glasgow North East) (Lab)
3. What his priorities are for political and constitutional reform in the remainder of this Parliament.
Council for Science and Technology (Review)
Greg Clark Excerpts(9 years, 6 months ago)
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The Minister for Universities, Science and Cities (Greg Clark)
Commencement of the Triennial Review of the Council for Science and Technology (CST) was announced in Parliament through a written ministerial statement on 15 April 2013 and I am now pleased to announce the completion of the review.
The Council for Science and Technology was established in 1993 in response to the Government White Paper “Realising our potential: a strategy for science, engineering and technology”. It replaced the Advisory Council on Science and Technology. It is an advisory non-departmental public body to the Prime Minister but, for administrative purposes, it is sponsored by BIS and was therefore included in the programme of triennial reviews undertaken by BIS.
The review concludes that the functions performed by the Council for Science and Technology are still required and that it should be retained as an advisory non-departmental public body. The review also examined the governance arrangements for the Council of Science and Technology in line with guidance on good corporate governance set out by the Cabinet Office. The review concluded that the council operates in line with the principles of good corporate governance for an organisation of its size, but there are a number of opportunities to improve it functions.
The full report of the review of the Council for Science and Technology can be found at: https://www.gov.uk website and copies have been placed in the Libraries of both Houses.
Business without Debate
Greg Clark Excerpts(9 years, 6 months ago)
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Hon. Members
Object.
Bill to be read a Second time on Friday 21 November.
House of Lords (Maximum Membership) Bill
The Minister of State, Cabinet Office (Greg Clark)
I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 21 November.
Wild Animals in Circuses Bill
Motion made, That the Bill be now read a Second time.
Recall of MPs Bill
Greg Clark Excerpts(9 years, 6 months ago)
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Mr Jones
We all know that organisations get around election limits—we need only to look at the last election in Richmond Park and the activities of its MP—so it would be difficult to control the amount being spent. In the United States, seats are targeted well in advance so that once an election is lost, money goes in to undermine an individual.
Implementing the power to recall for any reason whatsoever would be not an advancement of democracy in this country; it would be a retrograde step. It is suggested that the power would be rarely used, but people would work out clear ways to use it and how to finance the process. I therefore ask the Committee to oppose the amendments tabled by the hon. Member for Richmond Park.
The hon. Gentleman’s proposals would not give the ordinary elector any more power, but would benefit those who want to drive through a political agenda. There are those on the left of my party who think that the process would somehow empower individuals and represent a radical statement, but that is not the case. Under the proposals, progressive legislation would be killed in the House, as views that people passionately believed in and courageously set out—such views may later become the norm in the nation—would be killed not following proper debates and votes in the House, but because someone could finance a recall election that would either put such an individual under pressure to be quiet, or actually force them out.
The Minister of State, Cabinet Office (Greg Clark)
It is a pleasure to serve under your chairmanship, Mr Amess. The hon. Member for Dunfermline and West Fife (Thomas Docherty) has given you some timekeeping assistance through his suggestions, and I shall try not to fall foul of that.
As the group includes many amendments and new clauses, I shall say something about the overall choice facing the Committee that is embodied by the measures, before giving the Government’s assessment of each, which I hope will help the Committee. If there is time, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for East Surrey (Mr Gyimah), will make a speech at the end of the debate, so colleagues who speak after me will have an opportunity to hear a reaction to their remarks.
As I explained on Second Reading, the Bill has had a difficult history. Some people are against it—and indeed against anything that introduces a system for recalling MPs. The Political and Constitutional Reform Committee concluded of the draft Bill:
“We do not believe that there is a gap in the House’s disciplinary procedures which needs to be filled by the introduction of recall.”
My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) made a similar point. Others, including my hon. Friend the Member for Richmond Park (Zac Goldsmith), believe that we should adopt an entirely different model of recall: one that is not triggered by proven misconduct, but can instead be initiated by a petition of the electorate for any reason at any time.
That disagreement could lead one to suppose that the Government’s Bill is just another contribution to a debate without consensus, and that it has no greater or lesser significance than any other approach, but that would not be right. The Bill is fundamentally different from the approach of no recall, or that of recall for any reason at any time, although I hesitate to tease my hon. Friend by referring to that as the Martini recall—any time, any place, anywhere. The Bill as drafted implements completely and faithfully the promises that the main parties made in their manifestos at the general election. The Conservative manifesto promised that
“a Conservative government will introduce a power of ‘recall’ to allow electors to kick out MPs, a power that will be triggered by proven serious wrongdoing.”
The Labour manifesto said:
“MPs who are found responsible for financial misconduct will be subject to a right of recall if Parliament itself has failed to act against them.”
The Lib Dem manifesto said:
“We would introduce a recall system so that constituents could force a by-election for any MP found responsible for serious wrongdoing.”
The coalition agreement reflected those positions.
As drafted, the Bill would cause a recall petition to be triggered if an MP was sentenced to a term of imprisonment of up to a year or a suspended sentence of any length—hon. Members will know that disqualification is already automatic following immediate imprisonment of more than a year—or, in other words, if serious wrongdoing was proved; or if an MP was suspended by the House for at least 21 sitting days, or 28 continuous days, which again would indicate proven serious wrongdoing. Members will of course consider carefully all the amendments that have been tabled, but it is only reasonable to observe that both other views, whatever their merits, do not implement the particular commitments that all parties made to the electorate at the previous election.
Chris Bryant
I am grateful to the Minister for how he is presenting his argument as, ironically enough, debates in the House are often most fractious when there is the smallest difference between people. However, I suggest that the flaw in his argument is his reliance on the words “misconduct” and “wrongdoing” which, under the Bill, will be determined only by MPs. That is the problem for many members of the public, as they would like to be able to decide what constitutes wrongdoing and misconduct.
Greg Clark
The hon. Gentleman expresses his reasonable and important point well. As I said on Second Reading, I do not take the view that the Bill cannot be strengthened. One thing we can conclude from the Second Reading debate is that we will want to reflect, in Committee and during the Bill’s later stages, on the public’s involvement. The Bill can be improved and clarified, and I repeat my personal assurance that the Government will be open to reflecting improvements in the Bill during its passage.
Amendment 42, a cross-party amendment that was ably spoken to by the hon. Member for Somerton and Frome (Mr Heath)—although he is my hon. Friend, he has the demeanour of a right hon. Member—proposes a constituent-led trigger for recall, albeit one based on misconduct. That important suggestion has much to commend it, so I will reflect carefully on the amendment. Similarly, the Opposition have suggested making the trigger more sensitive and sending the clear message that the criminal abuse of the parliamentary expenses system should trigger recall, and I appreciated the spirit in which the hon. Member for Dunfermline and West Fife spoke to those proposals. While my colleagues and I will vote to maintain the balance that the Bill as drafted strikes, and for a faithful adherence to the manifesto on which we stood, it might well be possible for us to support changes on Report. That demeanour is an appropriate response to today’s proceedings and last week’s Second Reading debate, given that no overwhelming case has been made at this stage for sending the Bill back to the drawing board and starting again.
Wayne David
Would the Minister like to go a little further and indicate whether he is prepared to have genuine cross-party talks to see whether it is possible to establish a consensus?
Greg Clark
Well, I think that we are having them now in Committee; the parties are approaching a serious subject and seeking to strengthen the Bill. Of course, those talks can also take place between now and further occasions when the Bill is debated. The hon. Gentleman makes a reasonable point.
Mr David Davis
My right hon. Friend is handling this in his characteristically rational way, but he made one comment that I really cannot leave unchallenged. He said that the Bill is progressing without any serious assault on its central tenet. Its central tenet is that for a wide range of offences, which under the current criteria would include the expulsion of the hon. Member for Bradford West (George Galloway) for impugning another Member of this House—not a financial or criminal offence—Members could be cast to a jury in which effectively one member, or 10%, could vote and find them guilty. In other words, 90% of a Member’s constituents could think that they should stay and 10% could think that they should go, and on that basis, under the Government’s proposals, the Member would be thrown out.
Greg Clark
I learnt to take a rational approach during my many happy years working with my right hon. Friend, so he will forgive me if I apply it here. I will move on to talk about the point he makes later. Suffice it to say that if the figure of 10% was reached, that would trigger a by-election in which the Member could of course stand. I know that he has personal experience of doing that. Indeed, I campaigned for his successful re-election.
Let me reflect on some of the concerns raised on Second Reading that are germane—you will be relieved to hear, Mr Amess—to the amendments before us. Members were concerned that a process that allowed recall for any reason could be put to vexatious use in a number of different respects. First, it could be used to hound someone out of office because of honestly held and sincerely expressed views. Secondly, it could be used to wage a war of attrition, with recall petition after recall petition being opened by just 5% of the electorate who have conceived a grievance against a sitting MP. Thirdly, it could be used for limitless expenditure on propaganda intended to destabilise an MP, by vested interests that the MP might be brave in confronting, well before any spending limits for an actual recall petition kicked in.
Mr Kevan Jones
We have heard the word “vexatious” used a lot in this debate, but people with strongly held views on abortion, for example, are not vexatious. I am not suggesting that the Minister is saying that, but I think that we need to differentiate between vexatious silliness and people having strongly held personal beliefs that might be at odds with certain groups within their constituencies.
Greg Clark
The right hon. Gentleman—everyone who has contributed today seems to be right hon. The hon. Gentleman is absolutely right. Of course Parliament, and election to it, should be the subject of significant debate on issues of contention; that is the purpose of Parliament, and of standing for election. Therefore, it is not right to assume that any challenge to an MP would be, in and of itself, vexatious—quite the opposite—but at times it might be possible for people with less high-minded motives to take that approach.
Let me briefly address the principal amendments and new clauses in this group. Amendment 1 and new clause 1, tabled and spoken to by my hon. Friend the Member for Richmond Park, would delete the two conduct-related triggers for the recall of an MP and replace them with a system of petition-based recall for any reason, to be initiated by 5% of the electorate signing a notice of intent to recall. That would trigger an official recall petition that, if signed by 20% of the electorate within eight weeks, would lead to a recall referendum. If the majority of those voting in that referendum voted for recall, the seat would be vacated and a by-election called. There is nothing to stop repeated, or even parallel, notice of recall petitions being lodged, all with attendant publicity and each requiring only 5% of the electorate to sign, meaning that an MP could suffer a prolonged bombardment of negative publicity in that way.
Mr John Redwood (Wokingham) (Con)
The Minister said on Second Reading that he thought that the Bill needed to be improved and that there could be amendments. If not these, does he have in mind some Government amendments to deal with some of the issues about democracy?
Greg Clark
I do, and if my right hon. Friend—I know him to be right hon.—is patient, I will make those suggestions later.
New clause 2 is operable only if amendment 1 and new clause 1 are passed. It provides for a 200-word statement by the promoter of the recall petition, and a reply by the defending MP, to be included in the petition. Let me say something about some of the flaws in that understandable provision. The notice of intent to recall could contain accusations that are unfounded or unproven. Although the MP would of course have the right to reply, the inclusion of an unfair and unfounded statement on an official communication to every elector would almost certainly damage their reputation, particularly as the petition officer has a duty to send the statement to everyone on the electoral roll. Indeed, the statement could be positively libellous, and although the MP could seek damages though the courts, the injury to their reputation would be difficult, if not impossible, to repair.
Mr Lansley
Whereas my hon. Friend the Member for Richmond Park (Zac Goldsmith) included in clause 9 of his Recall of Elected Representatives Bill a provision whereby any process would be stayed where there was an indictment on a chargeable offence, that has not been included in the amendments before us today. Does my right hon. Friend agree that that is another flaw in the amendments? Clearly a notice of intent could include statements that would be prejudicial to a police investigation, as well as potentially very libellous and unfounded. My right hon. Friend has not yet noted this—I am sure that he has read it—but in those circumstances the Member would be given two working days in which to frame a reply to the statement of reasons.
Greg Clark
My right hon. Friend is absolutely right. He points to some other flaws in the amendment, which in itself is designed to be sensible and constructive, as having a statement and a rebuttal is clearly sensible.
Let me turn to the amendments tabled by a group of colleagues on both sides of the House, including the hon. Member for Somerton and Frome, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), the hon. Members for Sheffield South East (Mr Betts), for Cambridge (Dr Huppert) and for Birmingham, Yardley (John Hemming), the right hon. Member for Exeter (Mr Bradshaw) and my hon. Friend the Member for Crawley (Henry Smith). I have a great deal of sympathy with the thinking behind the amendments, which the hon. Member for Somerton and Frome set out comprehensively. They would give the public a role, which some have felt has been missing, in initiating recall, and provide an answer to the charge that one flaw of the Bill is that it is about MPs marking their own homework. Those are two themes that emerged on Second Reading. In line with our manifesto commitments, and with the views of many Members who spoke on Second Reading, and indeed today, the important point about the amendments is that they would keep the recall process focused on misconduct, which I think is the advantage of the approach he has set out.
The amendments propose that where misconduct in public office is alleged, electors in a constituency would be able to start a petition to initiate a recall process. They would require 100 electors to support the petition before it could be presented to an election court. I do not need to labour the point—my hon. Friend mentioned it—that this is a suggested way forward that clearly raises important legal drafting requirements, so I do not think that it will be possible at this stage to commit to endorsing them. But I think that he has proposed an important avenue and the possibility of a third trigger that is linked to an initiative of the public, which is valuable.
With regard to some of the difficulties, there is a widening of the definition of misconduct to include “gross dereliction of duty”. As others have said, that would require some understanding of what that might embrace.
Lady Hermon
In relation to the possibility of the Government looking at a third trigger relating to misconduct in public office and the question whether that applies equally to Northern Ireland and Scotland and to England and Wales, may I say ever so gently to the Minister that issues such as parading, stopping parading, flying flags and not flying flags can be criminal offences in Northern Ireland, and public representatives may become involved in them, so drafting this provision carefully in relation to Northern Ireland will take some time?
Greg Clark
We will attend to the points that the hon. Lady makes. They apply perhaps with even more force to the possibility of a recall in Northern Ireland being triggered initially by 5% of the electorate, for any reason. In relation to the arrangements in Northern Ireland, we have taken care not to cause repeated debate and contention when that would be against the interests of democracy in the Province. Nevertheless, I will reflect on her words.
Anne Marie Morris (Newton Abbot) (Con)
May I take the Minister to task about his comments on new clause 2, which stands in my name? He suggested that there is almost a greater likelihood of libellous statements being put on the statement of reasons than on anything else. In an election process, many pieces of paper are put into the public domain, and they are properly scrutinised. I do not believe that anybody who puts out something that is potentially libellous will not feel the full force of the law. The duty of care remains, come what may, and this document is no more susceptible to a problem than any election leaflet.
Greg Clark
My hon. Friend takes me to task in a very gentle way. It may be true that election leaflets may contain statements that are contentious to the point of being alleged to be untruthful, but a statement that is supplied by the returning officer to every elector may be viewed as having official authority, whereas the leaflets that we produce at election time, whatever our intentions, may be discounted to a greater extent, if I may put it that way.
Anne Marie Morris
But the Post Office delivers our election addresses to every single household, and that gives them some standing: they are not just pieces of marketing.
Greg Clark
My hon. Friend makes a reasonable point. She will remember that I applauded the intention of her new clause, which was to allow a reason to be given for a recall. However, even the arrangements that we have at present were not sufficient to deal with a case where a very offensive statement was circulated linking the candidacy of Members of the European Parliament to a protest against the murder of Lee Rigby in a wholly distasteful way. These things are not proof against abuses of the kind that I mentioned.
Kevin Brennan
Is the Minister’s understanding of the amendments tabled by the hon. Member for Richmond Park (Zac Goldsmith) that they could cause an hon. Member to be subject to a recall petition for voting against those amendments?
Greg Clark
I do not know whether departure from an election manifesto would constitute a reason for recall under my hon. Friend’s proposals, but the hon. Gentleman stood on the same manifesto as we did in favour of our brand of recall. He is tempting me on to a path that it is probably not profitable to go down.
Let me say to my hon. Friend the Member for Somerton and Frome and the colleagues who signed his amendment that I understand where they are coming from. I am willing to contemplate ways to improve this Bill, and between now and Report I undertake to reflect seriously on how that can be done.
I have much sympathy with the amendment to new clause 2 tabled by my right hon. Friend the Member for South East Cambridgeshire (Sir James Paice).
Greg Clark
No. I want to make a bit of progress, if I may.
The amendment would ensure that the statement of reasons could not contain reasons relating to a Member’s freedom of expression in Parliament, including what an MP said or how he or she voted. In other words, recall by petition would be focused on conduct, not causes. However, it would not stop people campaigning for recall based on what the MP did in Parliament; it would simply prevent the statement of reasons from being disclosed in relation to the statutory requirement to avoid such matters. Other publicity could state with impunity other reasons, perhaps the real reasons, behind the move to recall an MP. It therefore would not work as a safeguard, which many Members will wish for, to prevent Members’ freedom of expression from being used to recall them. I hope that my right hon. Friend will reflect on that, and we will look to see whether the spirit of the amendment might be carried forward separately.
I turn to the amendments tabled by my right hon. Friend the Member for South Leicestershire (Mr Robathan), who is not in his place. They would give the Bill retrospective effect in that a currently serving MP who had been suspended by the House for at least 21 sitting days would be liable to a recall petition. Only one such person is currently sitting in Parliament—the right hon. Member for Leicester East (Keith Vaz), who was suspended for a month in 2002. The House tends not to favour retrospectivity. In general, the courts impose punishments for offences that were current at the time of the offence.
Jim Dowd (Lewisham West and Penge) (Lab)
For the sake of clarity, if the amendment were to be passed, would, for example, the 10-day suspension of the right hon. Member for Yeovil (Mr Laws) be in the bank so that he could afford only another 11, were that to arise?
Greg Clark
No, because suspensions are not cumulative, and that would be below the trigger level.
It is in a similar spirit that I approach the amendments tabled by the hon. Member for Dunfermline and West Fife and his colleagues. I welcomed the tone of his remarks and his commitment to finding ways to strengthen this Bill, where they are available, so that it can command the support of the House and, indeed, the country. Amendment 45 makes the second trigger more easily sprung, if I may put it like that. It would reduce the suspension that triggered recall from 21 to 10 sitting days—this is partly an answer to the hon. Member for Lewisham West and Penge (Jim Dowd)—or from 28 to 14 continuous days were it to be expressed in that way. Since 2000, four MPs have been recommended for a suspension that would trigger the second condition for recall. Under the amendment, nine rather than four MPs would have been subject to recall.
I accept the constructive spirit in which the amendment was offered, but let me explain my difficulty with it. There are two ways in which an MP can be suspended from the House: first, through a recommendation by the Standards and Privileges Committee; or secondly, and this relates to your chairmanship of this Committee, Mr Amess, through disorderly conduct in the Chamber and then being named by the Speaker. If an MP is suspended after being named by the Speaker, the suspension is for five sitting days for a first offence and 20 sitting days for a second offence. Setting the figure at 21 sitting days, as the Bill does, excludes the possibility that a suspension from the House following being named by the Speaker for a second offence would trigger recall. I do not think that was the intention of the disciplinary measures that are in place.
Members in all parts of the House have incurred the sanction of the Chair. Being suspended is not a trivial matter. It seems to me, however, that breaking the rules of order in the Chamber is not the same as a suspension for misconduct based on a recommendation by the Standards and Privileges Committee. Tam Dalyell, for example, was suspended for 20 days in 1989 for having been named twice. Because of this technical overlap, I hope that the hon. Member for Dunfermline and West Fife will reflect on the drafting of the amendment and not press it to a vote.
Mr David Davis
This goes straight to the point that I raised with my right hon. Friend about the hon. Member for Bradford West (George Galloway), who, if I remember correctly, was suspended for 21 days for refusing to apologise after impugning the merits—shall we say?—of other Members of this House. Many things would lead to this. Ian Paisley the elder was, I think, named a couple of times and suspended. These things should not come anywhere near to causing a recall. That is part of the problem with the Government’s mechanism, which is being held up as precise and effective but is in fact a blunt weapon of considerable size and unexpected outcomes.
Greg Clark
My right hon. Friend makes the same point as I am making to the hon. Member for Dunfermline and West Fife. The reduction of the trigger would bring into scope the suspensions that are occasioned for disorderly conduct in the House.
Sir Edward Leigh
Will the Minister give the Government’s view on my amendment? If the amendment tabled by my hon. Friend the Member for Richmond Park fails, my amendment would still stand, because it applies to the whole Bill. It states that no action would be initiated on the basis of votes cast or of what a Member says in the Chamber or does in motions. Are the Government prepared to look kindly on my amendment and consider it?
Greg Clark
I always look kindly on any proposals by my hon. Friend. I intend to finish with his amendment, so I will come to it. I completely respect and approve of the sentiment behind it, and I hope my hon. Friend will accept what I say in response to it.
Let me make some progress, because I have spoken as much as other Members have. Labour’s amendment 46 would ensure that a Member of Parliament who was convicted and sentenced to imprisonment for an offence committed before this Bill is enforced would be subject to a recall petition process. It would cover historic offences that, though not committed at the time of the MP’s election, were not known to the electorate at the time.
I have great sympathy for that point. As I said earlier, retrospectivity is extremely rare in this House, but this is an important point about the electorate’s ability to judge a Member’s misconduct. If a Member had committed an offence and the information was not in the public domain, and if they were elected with the electorate being in ignorance of that offence and it subsequently came to light and was the subject of a conviction, I think that that is a circumstance in which it would be reasonable for that Member to be recalled. I will return to the issue and hope the hon. Member for Dunfermline and West Fife will engage in some discussions with me, which might satisfy the hon. Member for Caerphilly (Wayne David), who is sitting behind him, to see whether we can more perfectly capture that point in the Bill.
Amendment 47 would mean that a Member of Parliament convicted for any offence under section 10 of the Parliamentary Standards Act 2009—that is, an offence related to MPs’ allowances—would be subject to recall regardless of the sentence imposed. I think the whole House will want to send a clear signal that criminal abuse of the expenses system will lead to judgment before constituents as well as court. The amendment is technically deficient, because the way in which it would be placed in the Bill would rule out the possibility of an appeal, unlike the other criminal triggers. I again offer to work with the hon. Member for Dunfermline and West Fife to see whether we can agree on a considered reflection of that purpose for Members to consider on Report.
Finally, as far as amendments tabled by Opposition Front Benchers are concerned, amendments 48 and 49 would mean that, if an MP was suspended from their role in another elected capacity, including from their parish council, district council, county council, devolved legislature, city council or the European Parliament—the hon. Gentleman mentioned a hypothetical example that might have caused him to reflect on this matter—they should be able to be subject to recall from this House.
There is certainly a debate to be had about recall for elected offices, as I made clear on Second Reading. This is a limited Bill, but that is not to say that there is not a good case to be made for provisions to be extended elsewhere in due course. Until that debate is concluded, however, it would seem odd that a councillor could be recalled from this place because of a suspension from the council when they could not be recalled from the council itself. It also raises the question of whether a parish council’s standards for suspension, for instance, are an accurate reflection of the practice in this place. Without being churlish to the hon. Gentleman—I had some experience in opposition of drafting amendments—I should like to point out that it is pointless to include a reference to the European Parliament, since one cannot be an MP and an MEP at the same time.
Jonathan Edwards
Unfortunately, my new clause 4 was outside the scope of this Bill, but it would have empowered the devolved institutions with the ability to introduce their own recall mechanisms, if they wished to do so. On Second Reading, the Minister said there had been no such request from the devolved Parliaments. If that request was forthcoming, when would the Government be able to legislate?
Greg Clark
I cannot answer that question. The scope of the Bill is set. We had not at that time had such a request and I cannot say whether one has been made since.
Mr Kevan Jones
The Minister has mentioned the European Parliament. Does he not think it ironic that MEPs can be convicted of fraud of their expenses and still remain Members of the European Parliament? From 2009 to 2014, I think that three UKIP Members fiddled their expenses but were not thrown out of the European Parliament.
Greg Clark
I repeat what I said on Second Reading: I think there is a strong case to extend these provisions to other elected bodies, but the Bill proposed by our manifestos and the coalition agreement related to this place.
Amendment 41, tabled by my hon. Friend the Member for Gainsborough (Sir Edward Leigh), would not allow speeches, questions or voting to be reasons for recall. I completely sympathise with my hon. Friend’s intention. Having served under his chairmanship of the Public Accounts Committee, I saw the ferocity of his interrogation of some witnesses, and were they misfortunate enough to be his constituents, that might well lead them to trigger a recall petition, which would be completely inappropriate.
I am afraid, however, that the amendment would have unforeseen consequences. Specifically, the suspension of a Member for tabling parliamentary questions in return for payment might be precisely the sort of misconduct for which this Bill is designed to trigger recall. Therefore, to exclude questions, speeches and so on would not serve the purpose that my hon. Friend and I would wish to see, but I understand and agree with the spirit behind his amendment. When we come to Report and as the Bill progresses, I will reflect seriously on the issue. If he will join me in a conversation about that, I will see what we can do at the next stage.
I hope I have given a reasonable assessment of the Government’s take on the amendments and that the Committee can continue its debate on that basis.
John McDonnell
I am grateful to the Minister for his response on the calculation of days. To be absolutely clear—again, this is not out of personal interest at all—I take it that this totting-up process is within one parliamentary Session. I would be happy if the Minister confirmed that.
John McDonnell
If there is to be an additional number of days, those cannot be carried over from one Session or some of us may well be in trouble or face the 20 days. I take the straightforward view that this is an evolving piece of legislation, and I am grateful—the Committee will not often hear this—for how Front Benchers have tried to get a dialogue going to hone the legislation to make it effective. I do not know—who am I to speak for the general public?—but from what I understand, I do not think those who have been campaigning for the right of recall for some time will be satisfied either with what the Government are proposing or with the Opposition amendments. I think the public want something much more direct on the ability to recall an MP not just for misconduct or wrongdoing, but because they have said or done something that is so outwith the opinion of their constituents, or so obnoxious, that people are willing to campaign for their recall.
I do not find that a problem. Democracy is a rough old trade at times. We live and die by the sword and the votes. On a number of occasions since I have been in the House, elements within my electorate would have sought a right of recall because of my views on Ireland—I chaired the Guildford Four campaign for a number of years—or, at one point in time, because of my views on the life expectancy of Mrs Thatcher. They should have that right. They should be able to bring together fellow constituents to suggest that something is so appalling that a Member of Parliament should be brought before the court of the electorate once again.
The fundamental issue is the one that my hon. Friend the Member for North Durham (Mr Jones) raised. How do we get that equivalence of influence or power? I understand his argument that one newspaper with vast amounts of resources could campaign against an MP. The Sun had a pop at me at one point in time but, when that occurred, my popularity went up and my majority increased—that has happened to others. He makes a valid point that that might be different if there is a by-election threat or recall outside a general election.
We need further thought on the right of reply, which the hon. Member for Newton Abbot (Anne Marie Morris) mentioned. How can that be strengthened in terms of both the statements that are made and the media? That throws up the issue of media ownership, which is a wider debate. We will be forced to come back to that and other issues at a later stage, but my view is that the electorate are not just demanding the right of reply, and there will be a reaction if we do not give them a right of recall beyond the proposed one.
Some people are not happy with the right of recall campaign by 38 Degrees. It was effective not because it was backed by big finance or a national newspaper, but because it was a grass-roots campaign. E-mails coming in their hundreds can be annoying to some MPs, but they demonstrate the vibrancy of our democracy and people’s interest.
Politics has changed in this country. People’s views are no longer shaped solely by the newspaper they read or by the influence of the magnates who own large sections of the media. We are witnessing a lot more people power. People are able to influence individual campaigns and therefore, rightly, to influence MPs’ views. My hon. Friend the Member for Swansea West (Geraint Davies) was anxious about individual campaigns—he mentioned a planning proposal for the beach. I welcome those campaigns. I welcome people’s ability to mobilise and express their views, no matter how forcefully. I find that, when I explain to campaigners that I cannot support them, I win their respect. I am sure the situation is the same in his constituency on most occasions.
Recall of MPs Bill
Greg Clark Excerpts(9 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Cabinet Office (Greg Clark)
I beg to move, That the Bill be now read a Second time.
The Recall of MPs Bill fulfils a commitment made by the three main parties in their 2010 manifestos and in the coalition’s programme for government to establish a recall mechanism for MPs who have been found guilty of wrongdoing or misconduct. Allow me to quote from my own party’s manifesto:
“at the moment, there is no way that local constituents can remove an MP found guilty of serious wrongdoing until there is a general election. That is why a Conservative government will introduce a power of ‘recall’ to allow electors to kick out MPs, a power that will be triggered by proven serious wrongdoing.”
That is the manifesto on which I stood at the last election and the one that I stand by today.
The Bill fulfils the commitment that we made in 2010, and, to put it candidly, seeks to reconcile differences within this legislature. Although we are agreed on the principle that MPs must be held to account when they have done something wrong, delivering on the practical detail of a recall mechanism has been more difficult. There is a wide range of views on how and whether it should be done.
Members will concede that we have not rushed into this reform. The Government opened the debate on recall when they published their White Paper and draft Recall of MPs Bill in 2011. I am grateful to the Political and Constitutional Reform Committee for its work. Its Chairman was in his place—I dare say he will be back.
Greg Clark
I suspect that the hon. Member for Nottingham North (Mr Allen) would be robust in the face of such measures. The Committee has done considerable and painstaking work in conducting pre-legislative scrutiny of these proposals. It made some valuable recommendations, particularly on the recall petition process, most of which the Government have accepted and incorporated into the Bill.
As Members who follow this debate know, the Committee also concluded that there was no need for a recall system as it did not see a gap in the disciplinary arrangements for MPs. That view is shared by some Members, but not by the Government.
Mr Andrew Robathan (South Leicestershire) (Con)
My right hon. Friend may know that I have recalled myself and that I am not standing again at the next general election, but I am struggling after 22 years in this House to understand the point of this Bill. I have seen people who have done wrong and have gone—quite rightly. Of the people caught up in the expenses scandal, several, quite rightly, have gone to prison. Denis MacShane went to prison and Patrick Mercer resigned his seat—quite rightly. But I can only think of two people who might have been affected by this Bill, and unless we make the powers retrospective to 2002, I do not see that it will affect the hon. Gentleman who sits on the Labour Benches whom I will not name because I have not mentioned it to him. Possibly, it might have affected one Member who was recently expelled from the Liberal Democrat party, but actually he has not committed a criminal offence as far as we know. So what exactly is the question that this Bill answers?
Greg Clark
First, let me say that we will miss my right hon. Friend in this House, and we are sorry that he has recalled himself. As he knows, MPs are disqualified from attending the House if they are sentenced to imprisonment for more than a year, but not below that. That is a gap, and this Bill puts forward a means of closing it. The other thing that this Bill does is enable the House to put before the electorate the question of whether an MP, who has been severely sanctioned by the Standards and Privileges Committee and suspended for more than 21 days, should continue in post. There are cases of Members who have been sentenced to terms of imprisonment for less than a year to whom this Bill would directly apply.
Mr Charles Walker (Broxbourne) (Con)
My right hon. Friend has said that there are people who have been sentenced to prison to whom this Bill would directly apply. Who are those people?
Greg Clark
Clearly, this Bill would not apply retrospectively, but the two people who would have been caught are Chris Huhne and Eric Illsley.
Greg Clark
My right hon. Friend makes a reasonable point that those Members chose to resign. The fact that it was their choice rather than there being an element of compulsion is the loophole that this Bill seeks to close.
Mr Frank Field
Is the issue not somewhat different? It is about not how we feel, but how our constituents feel. We might be puzzled when people question our behaviour, but we are no longer in the world in which we can behave as we wish and for our constituents to push off. Our constituents will start defining what they think is acceptable behaviour by us. The key thing that we must ensure in this Bill, which I welcome, is that the threshold is such so that pernicious lobbies, such as the gun lobby in America if it were operating here, could not take Members out just because they disagree with their views.
Greg Clark
My right hon. Friend the Member for South Leicestershire (Mr Robathan) and the right hon. Gentleman make my case for me: there is not agreement across the House. I merely observe that this Bill was a commitment that we made in the manifesto on which we fought the last election, and that is true for the three main parties. It is reasonable to reflect that there is an expectation on parties that stood on such a commitment that they will bring forward such a Bill.
Robert Neill (Bromley and Chislehurst) (Con)
My right hon. Friend is making a good case, and I shall certainly be supporting him. As the right hon. Member for Birkenhead (Mr Field) said, is not the key issue that if we are to have a greater degree of openness towards our constituents, there must none the less be something that triggers an objective finding of bad behaviour—be it by conviction or by some other form of sanction? Without that, there is a risk that campaigning MPs who take up unpopular causes could be subject to victimisation by various pressure groups.
Greg Clark
I am grateful to my hon. Friend for his point. He is taking up a popular cause, but there are occasions when Members should and will take up unpopular causes. It would be infinitely regrettable if they were to lose their seat in this House by a campaign that sought to silence them.
Greg Clark
Let me make a bit of progress. The diametrically opposed view is that a recall system should be implemented to allow the recall of MPs on any grounds and at any time, including disagreements with an MP’s stance on a matter of policy. My hon. Friend the Member for Bromley and Chislehurst (Robert Neill) makes the counter argument, but my hon. Friend the Member for Richmond Park (Zac Goldsmith) takes the view that a policy disagreement between an MP and his or her constituents is such a ground. That is not the position of the Government, or the commitment that was made in the party manifestos.
Mr David Heath (Somerton and Frome) (LD)
The right hon. Gentleman is explaining quite clearly the difference between what is misconduct and bad behaviour, which would get someone sacked from any other job in any other circumstances, and what is simply a disagreement over policy, where it would be possible for people to use a large amount of money effectively to remove an MP. But does he understand the concern that many members of the public have that the trigger for this at the moment is in a group of MPs in the form of the Standards and Privileges Committee? Does he understand that perhaps there needs to be an alternative mechanism that goes directly to the point of petition?
Greg Clark
I do understand both points that my hon. Friend makes. The question of a trigger is something that we will be debating both today and in Committee. Members who have served on Bill Committees with me will know that I have always taken a view that when experienced Members of Parliament debate a subject of great importance and interest—where the matters divide on party political lines—it is right and appropriate that the Government should reflect on the proposals, or amendments, put forward. I will confirm that we will do that and that we will take very seriously the views of the House.
Mr Winnick
Wrongdoing is always to be condemned. Is it not the case that MPs such as Sydney Silverman, who urged the abolition of capital punishment and who won the day after a long and hard campaign, and those who fought for the reform of homosexuality laws and for abortion and many other very unpopular issues, would have been in danger if this legislation had been in force?
Greg Clark
The drafting of the Bill reflects that undesirable risk that matters of conscience could result in the loss of a seat. A general election inevitably follows the MP’s selection. We all make policy arguments to our electorate each time, and the ability to do that is still in place.
Mr Stewart Jackson (Peterborough) (Con)
Several of us have serious worries about undermining not just the sovereignty of Parliament, but the sanctity of the general election. My right hon. Friend will know that Edmund Burke said in the 18th century that he was a representative, not a delegate. It is noteworthy that he was removed by the electors of Bristol in a general election shortly thereafter.
Greg Clark
My hon. Friend is absolutely right. Many hon. Members will be familiar with what Edmund Burke said:
“Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you if he sacrifices it to your opinion.”
He made that point very strongly and was promptly thrown out by the electorate at the next election, which illustrates the point arising from the intervention made by the hon. Member for Walsall North (Mr Winnick).
Our early exchanges have made it clear that the opposing poles—I hesitate to call them extremes—in the debate have good intentions, and reasonable and serious points are being made. In developing the proposals, the Government have tried to steer a sensible and reasonable course. We believe that recall has a role in dealing with serious wrongdoing. If an MP has been found guilty of serious wrongdoing and clear lines have been crossed, the public must have their say about whether that Member should remain in office.
We have stopped short of enabling recall on any grounds so that we preserve the freedom of Members of Parliament to vote with their conscience and to take difficult decisions without facing constant challenges, at the public’s expense, from their political opponents. We have, of course, considered a range of recall models, including those used internationally, but there is no direct equivalent in a constitutional system such as ours anywhere in the world, so we are breaking new ground, and it is the tradition of the House and the country that we proceed with care when making constitutional change.
Mr Frank Roy (Motherwell and Wishaw) (Lab)
I support the Bill, but I am sure that the Minister realises that it has serious flaws. For example, why would it not cover the MPs who took cash for questions in the 1990s?
Greg Clark
Clearly, like most legislation, the Bill will not apply retrospectively, but if the Standards Committee was to recommend that an MP be suspended for 21 or more sitting days due to precisely such a breach of the code, that Member would be liable for recall.
Richard Drax (South Dorset) (Con)
I have been here long enough to know that Bills are all too often a huge sledgehammer to crack a nut. If the Bill goes through, I fear that it will be added to in time, as I know that many MPs and members of the public want to take things a lot further. That is why many Members are voicing their fears, which I share, that an MP’s position could be severely destabilised. I recommend caution and that we leave things as they are.
Greg Clark
I hope that hon. Members on both sides of the House will concede that we are proceeding with caution. We recognise that this is a novel constitutional step, and our traditions are that we exercise caution in such circumstances. The Prime Minister made it clear during last week’s Question Time that we regard the provisions as a minimum, and the various arguments that have been deployed today can be properly considered in Committee and on Report. Of course, whatever the House and the other place decide, it will be open to future Parliaments—one will begin next year—to consider whether to take things further still. That is the spirit in which we are proceeding.
Mr Charles Walker
I would take the Government’s position more seriously if, at the start of this Parliament in 2010, they had not made it almost impossible for this House to recall a Government.
Greg Clark
My hon. Friend takes us on to an area that could detain us for the rest of the day. He and I would prefer to be implementing all the Conservative party’s manifesto commitments, but the electorate did not give us a majority, so we formed a coalition, which I think has made great achievements, not least by turning around the economy through its effective, long-term economic plan.
Let me set out the provisions that will govern the debate not just today, but in Committee and on Report. There are two conditions under which a recall petition would be opened. The first trigger is if a Member of Parliament is convicted in the United Kingdom of an offence for which they receive a custodial sentence of 12 months or less. At present, any MP who is imprisoned for more than a year is automatically disqualified from Parliament, but if they receive a sentence of 12 months or less, they can keep their job until the next general election. The Bill will close that loophole.
The imprisonment of a Member of Parliament will, quite understandably, cause many constituents to question their faith in that MP. Incarceration not only indicates serious wrongdoing, but prevents that Member from doing their job effectively, so the Government believe that constituents should be able to decide whether there should be a by-election in such circumstances. Of course, it would remain open for the recalled Member of Parliament to stand as a candidate in that by-election, should they wish to justify the actions that led to that sentence of imprisonment.
Jacob Rees-Mogg (North East Somerset) (Con)
I broadly support the Bill, but with regard to that point, is it strictly necessary? It is open to the House—this has been done in the past—to expel a Member who has been sentenced to prison. Is it not the failure to use our existing powers, rather than a need to create new powers, that is at issue?
Greg Clark
My hon. Friend, who is learned and reflective on these matters, is right that the power to expel a Member exists. However, constituents do not have the power to decide whether a seat should be vacated, but that would be available under the Bill.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
What discussions has the Minister had with the devolved Governments about using the Bill to empower the devolved institutions, if they so wish, to introduce their own recall mechanism?
Greg Clark
I think I have made it clear that the Bill is not the last word on recall. It will apply specifically to Members of Parliament and it will govern simply the procedures of the House. It has been difficult enough to establish a consensus in this House, let alone in the devolved Administrations and beyond. However, as we heard from my hon. Friend the Member for South Dorset (Richard Drax), it will be open to future Parliaments to take a different view.
Lady Hermon (North Down) (Ind)
The Minister will be well aware that five Sinn Fein Members do not take their seats in the House. Will he make it absolutely clear to those absentee Northern Ireland MPs—and to the House and the general public—that the Bill will apply equally to them?
Greg Clark
The hon. Lady makes an important point in the context of Northern Ireland. My understanding is that the Bill would not apply to those Members because they have not taken the Oath to sit in the House, but she will no doubt wish to raise that point in Committee.
Mr David Davis (Haltemprice and Howden) (Con)
I favour a recall Bill and understand that my right hon. Friend has found it difficult to get an agreement, but might we at least have some logic in this process? Under the mechanism set out in the Bill, a Member of Parliament who was arrested at a demonstration and imprisoned would be forced to take part in a new election if 10% of his constituents disapproved of his position.
Greg Clark
My right hon. Friend clearly exposes one of the aspects of our debate. The decision would be in the hands of that Member’s constituents in two respects: a petition of 10% of the electorate would be required to occasion a recall by-election; and then that Member could stand in the by-election. My right hon. Friend has experience of standing in a by-election—not caused by any wrongdoing, I hasten to say, but because he was making a point—and he won the support of his constituents for his action, so his experience might provide some reassurance.
Mr Frank Field
It really comes back to the point—many Members have made it—about the threshold needing to be high enough. There are clearly two ways in which people view the electorate. I was under recall by the Trots for 10 years, and it was the electorate who saved me. It is possible to look to one’s voters as a bulwark of freedom, not as a group of people who wish to destroy us.
Greg Clark
The right hon. Gentleman makes an excellent point. None of us would be here today had we not had the endorsement of our constituents, and none of us should be afraid of that endorsement.
The second trigger is if an MP is suspended from the House for 21 sitting days or more. A suspension of such length indicates that the individual in question has done something seriously wrong, and constituents should be able to have their say about whether their MP deserves to keep his or her seat.
Frank Dobson (Holborn and St Pancras) (Lab)
With the right hon. Gentleman give way?
Greg Clark
I will make some progress before giving way again.
Comparisons with the second trigger provisions published in the draft Bill will reveal changes that have arisen from fruitful discussions with the Standards Committee and others. The Bill’s proposals are designed to work alongside the existing arrangements and processes for investigating misconduct, and the changes that have been made ensure that recall petitions open automatically as a consequence of a substantial period of suspension. The Bill does not specify on what grounds the Committee, or indeed the House as a whole, would consider a suspension of that length to be appropriate, but I look forward to hearing the views of Members on both sides of the House, both today and in Committee, on the length of suspension proposed and on the operation of the second trigger more generally.
Some will say that the Bill still gives MPs too great a role in triggering recall, but we want to ensure that it complements the disciplinary procedures that already exist and the work of the independent commissioner and the Standards Committee. It is a long-standing principle of our political system that Parliament has sole jurisdiction over its own affairs and is free to operate without interference from the courts, the Crown or any other individual or body. The Standards Committee is currently undertaking a review to look at ways of improving its disciplinary procedure and so has an opportunity to consider these important matters. In other words, the decisions that that Committee will take, given the way that the Bill interfaces with its sanctions, allow whatever the Committee in this House decides should be the standards arrangements to link into the recall proposals. The Government do not wish to impose how the House chooses to govern its affairs and have drafted the Bill accordingly. That principle is of great importance to our parliamentary democracy, and it seems to me that we should exhaust all other avenues before casually setting it aside.
Duncan Hames (Chippenham) (LD)
Surely the Minister realises that the reliance on the Standards Committee goes to the root of public dissatisfaction with the Bill. It might be the case, as he suggested earlier, that the Political and Constitutional Reform Committee has faith in the operation of the Standards Committee, but many members of the general public—our electors—simply do not.
Greg Clark
That is exactly why the Committee is reflecting upon its current arrangements and considering whether they should be amended.
I should also say—this is the earliest opportunity I have had—that I was wrongly advised in the answer I gave to the hon. Member for North Down (Lady Hermon). She will be reassured to know that the provisions would apply to Sinn Fein MPs.
Stephen Mosley (City of Chester) (Con)
I agree entirely with the two triggers that my right hon. Friend has outlined, but surely there is a third case: where a Member is not doing his duty. In local government there is a rule whereby councillors who do not attend meetings or vote for six months are automatically disqualified. Surely that, too, should be a trigger to allow a recall.
Greg Clark
As I have made clear, there are many views about the level of the recall and what the mechanism should be. I look forward to my hon. Friend’s contribution to the debate and think that all Members will understand the point he makes. One of the consequences of imprisonment, of course, is that an MP is prevented from attending, so at least part of that is covered by that provision.
Mr Andrew Lansley (South Cambridgeshire) (Con)
Although the decision to suspend a Member is one for this House, the effective trigger for that process is a recommendation from the Standards Committee. Does my right hon. Friend therefore agree that it is important not only that we recognise that it results from an independent inquiry by the Parliamentary Commissioner for Standards, but that in the current review we strengthen the lay participation and voice in the Standards Committee? Does he agree not only that that should include an increase in the number of lay members, but that this House should hear directly from the lay members if in any respect they do not agree with the conclusion of the Standards Committee as a whole?
Greg Clark
That is exactly what I was alluding to when I said that the Standards Committee is considering ways to strengthen its credibility with members of the public. My right hon. Friend has substantial experience of those issues from his time as Leader of the House. I am sure that he will make an important and serious contribution to the debate.
I recognise that the creation of a recall mechanism for Members of Parliament clearly raises the question of how recall might fit with the disciplinary arrangements for other office holders in future. The triggers in the Bill have been carefully designed to fit with the particular rules of this House, and for that reason cannot be automatically applied to the recall of other elected office holders. This is not, and is not designed to be, a one-size-fits-all piece of legislation—that would be even more difficult to establish a consensus around—but we must of course learn the appropriate lessons from its implementation, which might in future be applied to other areas. I know that there will be debate, both today and later, on which other areas it might be appropriate to extend recall to. However, this Bill is narrowly about Members of Parliament.
Mr Stewart Jackson
Returning to the point made by our hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) on the efficacy of primary legislation, the House might know that in 1947 the Labour MP Garry Allingham was expelled from the House for writing disobliging comments about fellow Members—not for any criminal offence—so there is a precedent for expelling a Member whose conduct falls below that which most electors would think suitable and appropriate.
Greg Clark
I was not aware of that and so am intrigued by what my hon. Friend says. I see that the Government Whip is sending a note, perhaps recommending that to her colleagues in the Whips Office as an available sanction.
Greg Clark
I will make some progress, because many Members wish to speak.
I will turn briefly to the conduct of petitions once they are triggered by the provisions of the Bill. The Government’s priority has been to develop voting procedures that fit with what the public rightly expect from any official democratic election in this country. Safeguards must be in place to ensure that voting is robust, fair and open. I will not set out this process in detail here, but I look forward to debates in Committee on the clauses and schedules. Under the Bill’s proposals, 10% of eligible constituents would need to sign the petition for it to be successful. If at the end of the eight-week recall period the 10% threshold had been met, the MP would vacate his or her seat and a by-election would be held. There would be no legal barrier to the unseated individual standing in the by-election.
As I have described, we have made changes to the Bill as a result of pre-legislative scrutiny. I appreciate that there will be—there have been already—strong views on these proposals, and I welcome the House’s serious consideration and discussion of them. I remind the House that the transition to representative democracy did not take place in a single step, and nor will the progress we make towards more direct democracy—something I have always believed in. With the benefit of hindsight we can see that our predecessors were sometimes excessively cautious, not least in extending the franchise to women. Nevertheless, our country has gained more than it has lost from the British preference for evolutionary over revolutionary change. I believe that the Bill strikes the right balance between holding Members of Parliament to account while ensuring that they can do their job without facing frivolous or politically motivated petitions. We want a recall process that is fair, open and robust, and I commend the Bill to the House.
Greg Clark
To correct the shadow Minister and for the information of the House, I point out that there are in fact six Members of Parliament who would have been caught by the provisions. I mentioned Chris Huhne and Eric Illsley on the imprisonment aspect. In terms of suspension, there would have been four more—Teresa Gorman, the right hon. Member for Leicester East (Keith Vaz), Denis MacShane and Patrick Mercer.
Stephen Twigg
The Minister is including Members who resigned from the House before the Standards Committee’s proposals were considered, but I acknowledge what he says. I still think that six is a very small number, considering the scale of the challenge that we face. With reference to the particular example that my hon. Friend cited of the “cash for questions” scandal in the 1990s, there is a concern that the length of period covered by the Bill would not have affected the MPs in that case.
Oral Answers to Questions
Greg Clark Excerpts(9 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Nigel Mills (Amber Valley) (Con)
1. What discussions he has with the D2N2 local enterprise partnership on devolving powers and responsibilities from Whitehall.
The Minister of State, Cabinet Office (Greg Clark)
During negotiations on the growth deals, I met all local enterprise partnerships, including D2N2. The growth deal in my hon. Friend’s area will mean that £174 million previously held by central Government will be devolved to his area, creating jobs, investing in the skills needed by local employers, improving roads and supporting small businesses. I am determined to build on that deal and will visit the area shortly to discuss what further powers and resources can be devolved.
Nigel Mills
D2N2 has made Nottingham road in Ripley in my seat one of its key sites for growth. The area suffers terribly from traffic congestion. Is funding available to complete a bypass for Ripley and Codnor so that we can relieve that congestion?
Greg Clark
I am familiar with that proposal. It was not put forward as a priority by the local enterprise partnership but, as I have said, I am keen to have a further look at what other schemes will make a big impact locally. My hon. Friend has made a powerful piece of advocacy for it today, and perhaps when I am in the area I will look at it.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Would D2N2 be more powerful and effective if it was directly elected? In the Minister’s view, should LEPs be directly elected?
Greg Clark
LEPs are elected in the sense that every one of them contains the democratically elected leaders of their local councils, but they also contain the business leaders of the area, which is important. For example, in the deal we did with Derbyshire and Nottinghamshire, the technology director of Rolls-Royce, which the hon. Gentleman will concede is a very important employer in Derbyshire, said that the focus in the LEP strategy on growth and investing in infrastructure is exactly what is needed, and that it aligns with the company’s objectives. Bringing business and the democratically elected council leaders together is the right way to go.
Lucy Powell (Manchester Central) (Lab/Co-op)
2. What steps he is taking to improve social mobility.
Andrew George (St Ives) (LD)
5. What discussions he has had with the Cornwall and the Isles of Scilly local enterprise partnership on devolving powers and responsibilities from Whitehall.
The Minister of State, Cabinet Office (Greg Clark)
I was in Cornwall last week to meet the members of the local enterprise partnership and to sign the growth deal with Cornwall and the Isles of Scilly. The deal is worth £200 million to the economy of Cornwall and Scilly, and will fund a range of infrastructure projects. It will include upgrading the Night Riviera sleeper service—which provides one of the most delightful railway journeys it is possible to take in the country—and relocating the maintenance centre of that service from London to Penzance; improving road junctions throughout the county; and dealing with some of the congestion around the A38 at Saltash.
Andrew George
I am very pleased that the Minister was able to bathe not only in the sunlight of my constituency but in the achievements of the Liberal Democrat and Independent-led local authority, as well as the campaigns on which I have been working, and the signing of the growth deal. To make certain that the deal succeeds, will he ensure that the Deputy Prime Minister’s excellent policies for delivering devolution are implemented not just in urban areas, as the Government propose, but in rural areas such as Cornwall, so that growth deals and European programmes can also be delivered?
Greg Clark
I must tell my hon. Friend that not just one part of the coalition was responsible for those achievements. I negotiated rigorously with the leaders of all the parties in Cornwall, and we secured a very good deal, which will enable more decisions and resources to be devolved to Cornwall for the benefit of the people who know and love the area best. That is a big achievement, which was widely welcomed in Cornwall.
Student Support
Greg Clark Excerpts(9 years, 8 months ago)
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The Minister for Universities, Science and Cities (Greg Clark)
In a written ministerial statement on 7 April 2014, Official Report, column 1WS, the then Minister for Universities and Science announced proposed changes to disabled students’ allowances which are available to higher education students from England.
Disabled students’ allowances are non-repayable grants that assist with the additional costs incurred by disabled students in relation to their study in higher education. Disabled students’ allowances finance a range of support, including the purchase of computers and specialised equipment, assistance with travel costs and the provision of support workers where necessary. In 2011-12 disabled students’ allowances provided support of over £144 million to 61,000 students, funded from the higher education budget. Disabled students’ allowance continues to be available to support disabled students studying in higher education.
During the summer, I and my hon. Friend the Minister of State, Department for Work and Pensions, my hon. Friend the Member for Forest of Dean (Mr Harper), who is responsible for disabled people, have listened carefully to suggestions from representatives of disabled students. I have also listened to the views and concerns of representatives across the higher education and disability sectors, as well as receiving representations from hon. Members.
We are determined to ensure that disabled students should be able to make use of and develop their talents through higher education and that there should be no cap on their aspirations.
There was widespread agreement that universities should discharge their duties under the Equality Act to make reasonable adjustments to accommodate disabled students, as other organisations do. However, concern was conveyed that some universities may not be able to meet their obligations in full by the beginning of the 2015-16 academic year, given their need to invest in additional support for their students.
With students applying now for places at the beginning of that year it is important that any disabled student should be confident that an institution to which they are considering applying will be able to meet their needs satisfactorily.
Accordingly, we have agreed to give higher education institutions until the beginning of the 2016-17 academic year to develop appropriate mechanisms to fully deliver their statutory duty to provide reasonable adjustments, in particular non-medical help, and to improve the processes by which disabled students can appeal against a higher education institution’s decision that an adjustment would not be reasonable. We will explore how this might be supported in institutions’ access agreements with the Office for Fair Access for 2016-17.
For the academic year 2015-16, we will continue to provide disabled students’ allowance funding to help with the additional cost of a computer and assistive software if needed solely because of the student’s impairment. This will be subject to the student contributing the first £200 of the computer’s cost—broadly equivalent to the cost of a basic computer. For future academic years we will explore a bulk purchasing scheme for such computers to keep costs down.
Additional items such as printers and consumables will not be automatically provided, with alternative provision in the form of university provided services such as printing services and books and journals in electronic format to be considered as alternatives.
Funding will remain available towards the additional costs of specialised accommodation for disabled students, other than where the accommodation is provided by the institution or an agent of the institution.
A number of commentators made proposals to streamline the assessment process for disabled students' allowance to reduce the burden for students, universities and the taxpayer. My hon. Friend the Member for Forest Dean (Mr Harper) and I will invite representatives to consider how that might be achieved.
The changes summarised in this statement other than non-medical help changes will apply to all full-time, full-time distance learning, part-time and postgraduate students applying for disabled students’ allowances for the first time in respect of an academic year beginning on or after 1 September 2015. This provides sufficient time for us to work with institutions and stakeholders to ensure the changes are introduced effectively. All changes are subject to the ongoing equality analysis.
Continuing students already claiming disabled students’ allowances and students claiming for 2014-15 entry will remain on the current system of support for 2015-16.
We are grateful to universities, students and their representative bodies for their assistance in informing these changes.