39 Julian Lewis debates involving HM Treasury

Exiting the EU: Costs

Julian Lewis Excerpts
Wednesday 29th November 2017

(6 years, 5 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Elizabeth Truss Portrait Elizabeth Truss
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The hon. Gentleman will be well aware that, as part of last week’s Budget, we were able to put additional money into the national health service—into hospital capital and making sure we hit our A&E targets—and we are also allocating money to help with nurses’ pay. The hon. Gentleman will no doubt be pleased about that.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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These negotiations remind me of the even more complex ones on arms reductions in the 1980s. Will the Minister bear it in mind that the lessons of those negotiations were, first, that too many one-sided concessions project an image of weakness and, secondly, that to get the very best deal, we often have to walk away first and wait for the other side to agree with us, come back, sit down and negotiate realistically?

Elizabeth Truss Portrait Elizabeth Truss
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It is because we need to make sure that the European Union is aware we have alternatives that we are preparing not only for our preferred option of a transition period plus a long-term economic agreement, but for a no-deal scenario. The Opposition want to give that option away, so we would not be able to have that discussion with the European Union.

Intelligence and Security Committee of Parliament

Julian Lewis Excerpts
Thursday 16th November 2017

(6 years, 5 months ago)

Commons Chamber
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Liam Byrne Portrait Liam Byrne (Birmingham, Hodge Hill) (Lab)
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I want briefly to add to the Intelligence and Security Committee’s to-do list, because it is important that there should be a rapid study—with conclusions brought to the House, when appropriate—of what is a rapidly emerging 21st century propaganda operation for which a playbook emerged during the elections in Europe and in America, and in our recent referendum campaign. That involves some reasonably sophisticated techniques in fabricating division and discord on social media platforms such as Twitter, which are then imported into social media networks such as Facebook, with significant—often dark—money behind them, to spread messages that are quite simply not true.

The impact of that is often to undermine democracy, and we in the mother of Parliaments have a particular duty to ensure that the new techniques are fully exposed and that commensurate action is taken against them. We have talked about the gaps in our laws, and we must make sure that the disinfectant of sunlight shines right the way through the elections we have had so that those laws can be fixed.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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I speak not only as a former member of the ISC, but as someone who was involved in the 1980s in trying to counter what were called active measures—the use by the Soviet Union of agents of influence and organisations to try to have an impact on British public opinion. The difference between then and now is that it was then quite easy to expose who was behind the influence operations, but now that is much harder because the internet allows concealment.

Does the right hon. Gentleman agree that one of the main antidotes to the concerns expressed in this debate is that the intelligence agencies, and particularly the new technological arm of GCHQ that deals with the internet, should work to expose who is behind the messages that are coming through? We cannot stop messages getting through, but we can neutralise them by showing up their provenance.

Liam Byrne Portrait Liam Byrne
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The right hon. Gentleman is exactly right. There are well-sourced reports that there have been at least two briefings about Russian interference to the Prime Minister, if not the Cabinet. It is not clear what action was taken in response, but it is now quite clear that dark forces have new techniques. We recognise their fingerprints in some of the referendums and elections that have played out in our country and elsewhere, but let us be under no illusion that their job is not done. They will continue to try to influence debates in this House because they want to change the political environment in which we debate the terms of Brexit, for example. The faster the ISC can do its work and expose, in an appropriate way, what is truly going on, the better for all of us.

UK Economy

Julian Lewis Excerpts
Wednesday 29th June 2016

(7 years, 10 months ago)

Commons Chamber
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Stewart Hosie Portrait Stewart Hosie
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I will give way one more time.

--- Later in debate ---
James Cartlidge Portrait James Cartlidge
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I accept my hon. Friend’s point, but the EU as a whole is a tariff-free market of half a billion people, and it is a massive asset for our economy to be part of that. In my opinion we need to remain in the single market at all costs. The principle of openness is important, but this is also about the message we send. We have all agreed that there is a threat to inward investment—this is an existential threat to our economy—and it is important to send to the world the message not just that we are open for business, but that we will be open with the principles of our economy and not resort to protectionism.

Secondly, any negotiation on our new arrangements must take place in a tone and manner of goodwill. We must seek an arrangement that is not just in our interest but in those of a strong European Union, and that is fundamental. Whoever undertakes those negotiations with our European partners must be someone who is trusted to want something that works for both parties—I worry about people going to negotiate with a body that they have spent many months heavily criticising.

My third point is about fiscal policy. Whatever we do, if we want to maintain a sense that we are sound, and win back the sense that we are a stable country in the world, we must continue with a fiscally prudent regime. We must continue to take tough decisions, and commit to balancing the books and reaching a surplus. The message that that would send will inspire confidence in our investors and help to restore the stability we all seek.

Julian Lewis Portrait Dr Julian Lewis
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Does my hon. Friend agree that an important start has been made on building up that mutual trust by the candour and openness with which the Prime Minister and Chancellor accepted the verdict of the people, even though it went against their own strongly held beliefs? We must carry that forward by ensuring that we observe the spirit, as well as the letter, of the people’s decision.

James Cartlidge Portrait James Cartlidge
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I agree with my right hon. Friend, and I was coming on to speak about why this decision came about. While we must accept the decision of the people, we must also understand and be honest about the prospectus on which we believe they voted. A few days ago my hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), the former Mayor of London, of whom I am—of course—a huge fan, wrote:

“It is said that those who voted Leave were mainly driven by anxieties about immigration. I do not believe that is so.”

However, the huge turnout that we saw in working-class areas of this country, council estates and so on, was not due to people saying, “We didn’t get a say on the Lisbon treaty”; it was because of immigration, which was pushed in an inflammatory way throughout the debate. If anyone wants proof of that, I can bring the tweets and emails that I have received, some of which were shocking and horrific—indeed, some were too shocking to read out in the House in the way that some of my hon. Friends have done.

We must accept that the campaign was driven by concerns about immigration. That makes things difficult for us, because when we negotiate we must find a way of preserving all the economic strengths to which I referred while controlling immigration from the European Union. If we boil down the explicit underlying nature of the prospectus from vote leave, it was the end of unskilled immigration from the EU. We heard that there will be skilled migration, but at the moment tier 3 is closed and unskilled workers cannot come to this country from outside the EU. Finding that balance will be incredibly difficult, but it is possible if we have good faith and show goodwill towards those with whom we negotiate.

Electoral Fraud: Tower Hamlets

Julian Lewis Excerpts
Monday 18th April 2016

(8 years ago)

Commons Chamber
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Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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May I put on the record my personal admiration for the heroism of those people who took this matter to the electoral court? Does the Minister agree that it would be a betrayal of their courage if the police, for reasons of political correctness, were not to follow through on what appears, in the case laid out by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), to be an open-and-shut matter of criminality?

John Penrose Portrait John Penrose
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My right hon. Friend anticipates my next remarks, because we all owe a debt of gratitude to the four petitioners. We have heard that they were pretty heroic in the way they pursued this matter. They were not dissuaded. There were plenty of points at which lesser people might have backed away, but they did not take those opportunities and they pursued the matter through thick and thin. On occasion what they had to put up with was pretty thick and pretty thin, yet they continued throughout. We owe them a debt of thanks, particularly those local to Tower Hamlets.

It was not just those four petitioners whom we must thank, however, because other people picked up the challenge. We must thank my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles), who put the commissioners in Tower Hamlets in the first place, as well as the commissioners; the presiding judge, Richard Mawrey, QC; a number of other officials, including Barry Quirk; and local councillors such as Peter Golds for their assiduous and determined campaign. Many people rallied round the cause of democracy in Tower Hamlets, which is all to the good.

I hope the hon. Gentleman will appreciate that I cannot comment on specific details of ongoing investigations. As an experienced parliamentarian and former Minister, he will understand the constraints of what I can and cannot say. He is, however, doing entirely the right thing. He mentioned that he was about to have discussions and meetings with Commissioner Hogan-Howe and perhaps others. I hope that they can provide him with further reassurances about what is going on with the investigations. I understand that there are still investigations into grant fraud, for example, in parallel with the ongoing investigations into electoral fraud. They perhaps cannot be made public, but he might be able to get further reassurances.[Official Report, 12 May 2016, Vol. 609, c. 3MC.]

I am sure the hon. Gentleman will also pursue, assiduously and determinedly, the point made by my right hon. Friend the Member for New Forest East (Dr Lewis) about the extremely trenchant criticisms in Richard Mawrey’s judgment. While many people might have expected a prosecution to be straightforward, clearly there are different standards of proof, as the hon. Gentleman mentioned, and different levels of admissibility for evidence. The police and the Crown Prosecution Service need to make a judgment, but he will want to investigate the individual cases and allegations to find out what can be pursued. Local people in Tower Hamlets and the electoral community more widely will want to know how we can be sure that these sorts of cases are pursued in the strongest possible terms, whenever the evidence allows, so I would encourage him in those meetings and in pursuing those inquiries.

The hon. Gentleman asked where the plaintiffs stood in respect of recovering costs, and then gave at least a partial answer to his question by talking about the ongoing discussions and investigations in respect of the ownership of assets associated with former Mayor Rahman and members of his family. There have been press stories and reports of court judgments about what has, and has not, been found to be the property of either the former mayor or his family. I understand that that process is ongoing, and again I cannot comment much beyond that, but this is not a finished story, or a set of conclusions finally reached. The mills of both God and, in this case, the justice system are grinding slowly but, one hopes, exceeding small as well.

The hon. Gentleman asked how we might take forward the broader question of how electoral fraud can be made less easy to perpetrate, though it is not easy in the first place, and how we can ensure that the consequences of electoral fraud are clear, swift and unappealing to those considering undertaking it. My right hon. Friend the Member for Brentwood and Ongar, the former Secretary of State for Communities and Local Government, is working on a report on electoral fraud for the Government that I suspect will land on my desk with a satisfactorily large and weighty thud in the next few weeks or months, with a series of recommendations as to how we can tighten the rules still further.

I obviously do not want to prejudge my right hon. Friend’s recommendations, but the hon. Gentleman will appreciate that my right hon. Friend, having been Secretary of State and, before he entered the House, the leader of a local council, will have observed the local democratic process up close and in huge detail, and will have seen its strengths and weaknesses, as well as those of the parliamentary democratic process. I cannot think of anybody better placed to come up with trenchant and closely reasoned recommendations, and I look forward to receiving them. We will all want to read them and consider them in depth.

We will have to wait and see what my right hon. Friend recommends, but I can confirm that he and I have spent time with Richard Mawrey, discussing what he saw both in Tower Hamlets and in his previous judgments—he has a track record of specialising in this area, having examined a series of these problems. Thankfully, such problems are not terribly frequent, but when they have arisen, he has been the person with the single best judicial experience in the country. We have spoken to him and, in depth, to people such as Peter Golds, whom the hon. Gentleman mentioned, so plenty of care has been taken to gather whatever information is available out there. I am sure that we all await my right hon. Friend’s report.

The hon. Gentleman’s final question was where the local righting of the ship had got to in Tower Hamlets. I have made inquiries of the Department for Communities and Local Government on where we have got to. The answer is, broadly, that huge progress has been made, but there is still further to go. I understand that the council has made some progress on key areas in its best value action plan—on procurement, property disposals, and elections management—and has made particular progress since the arrival of Mayor Biggs last June and the new chief executive officer, Will Tuckley, in October. There are still concerns, however, about delays in other intervention areas, particularly in respect of grants, communications and organisational and cultural changes, some of which take longer to bed in than others. Progress in those areas will need to be continued, as will close monitoring by the commissioners to make sure that the progress made is not eroded and does not start to flag.

The Secretary of State for Communities and Local Government will continue to monitor the position very closely and will not consider any variation to the current directions until there is sufficient evidence that the change has been deeply embedded and the key outcomes delivered. I am sure that the hon. Gentleman would want those to be the main criteria. Given the seriousness and acuteness of the problems encountered in Tower Hamlets—he ably and lucidly summarised the worst of them, but there were many others that he did not have time to go into—I am sure that he will applaud every move to make sure that there is no prospect of a recurrence, and that those standards are fully met before we get back to the widely wished-for normality in the electoral and registration arrangements there.

I hope that I have answered the hon. Gentleman’s questions. Where I have not be able to because they are the subject of ongoing investigations, he will, quite rightly—I applaud him for it—speak to the police, including the Metropolitan Police Commissioner and others. I hope that he will get the answers there that he cannot get here. If he pieces the different parts of the jigsaw together, I hope that he sees an optimistic picture, albeit one in which it cannot yet be said that the problem has been solved. At least progress has been made on a problem that is being solved, even if we have not quite reached the final destination.

Question put and agreed to.

Electoral Integrity and Absent Votes

Julian Lewis Excerpts
Wednesday 9th December 2015

(8 years, 5 months ago)

Westminster Hall
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Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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I beg to move,

That this House has considered electoral integrity and absent votes.

It is a pleasure to serve under your chairmanship, Mrs Main, and to welcome the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Weston-super-Mare (John Penrose), to his place.

In this country, we pride ourselves on having free, fair, open and honest elections, but we are wrong. In too many parts of the UK, electoral fraud means that honest people’s votes are potentially invalidated by crooked votes. Our whole democratic system is being undermined and the votes of thousands of women of all ages are being regularly stolen by their menfolk. We are turning a blind eye, in effect, to regular breaches of section 115 of the Representation of the People Act 1983 in respect of undue influence.

In May’s general election, 9,372,449 postal votes were sent via Royal Mail. These issues are not new, and the Electoral Commission and Government know about them, but so far we have had very little by way of concerted action to tackle them. This subject has been raised in the media, most notably and compellingly by Radio 4’s “File on 4” investigation programme in March 2014, which focused on electoral fraud in Pendle, Woking and Derby. It was also brought up by my hon. Friend the Member for Pendle (Andrew Stephenson). With great courage and foresight, he raised the matter directly with Ministers on the Floor of the House three years ago during a debate on the Bill that became the Electoral Registration and Administration Act 2013.

Who can forget the words of the election commissioner and presiding judge Richard Mawrey, QC, after hearing the most well-known electoral fraud case in Birmingham in 2005—following events in 2004—which resulted in the conviction of five men? His written judgment referred to

“evidence of electoral fraud that would disgrace a banana republic”.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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Is my hon. Friend aware that of course there are the open, overt, straight-down-the-line fraudsters at work, collecting ballots that are not their own, but even where that does not happen, within the individual household the privacy of the ballot is lost where voting slips are sent to the household and no one can keep their voting intentions to themselves?

Lord Jackson of Peterborough Portrait Mr Jackson
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My right hon. Friend makes a very apposite point, which I will elucidate on and develop later in my remarks. I thank him for his intervention.

Have things really changed in the past 11 years? Mr Justice Mawrey was quoted last year as saying that our present procedures are “wide open to fraud” and that

“serious fraud is inevitably going to continue”,

enabling the manufacture of votes on an industrial scale. He also stated just before this year’s general election:

“The law must be applied fairly and equally to everyone. Otherwise we are lost.”

We await the details of the review commissioned by my right hon. Friend the Prime Minister on electoral fraud in the light of the appalling scandals uncovered in Tower Hamlets following the failure particularly of the Metropolitan Police Service to take timely and robust action. That fell instead to a number of courageous and concerned citizens, including my old friend Councillor Peter Golds CBE, via a petition to the High Court. The long overdue review is being undertaken by my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles). It was announced in August and, as I understand it, will be published in the new year in order that we can look at what further options are available to address this continuing and, as I will make clear later, endemic and institutionalised abuse and illegality. I will touch on Tower Hamlets in particular.

For the record, I have not called this debate in the light of the Oldham West and Royton by-election result, nor even of the comments of the leader of the UK Independence party, but in his media comments in the wake of the by-election he did touch on some issues that I will raise today.

Of the 1,086 cases of electoral fraud reported to police in England between 2008 and 2013, 58% originated in just 10 of England’s 39 police areas. I speak as the Member of Parliament for Peterborough, a local authority that has featured for a number of years on the Electoral Commission’s watch list of local council areas with a high risk of electoral fraud. Regrettably, Peterborough has a recent history of criminal convictions as a result of electoral malpractice and fraud. Most recently, in 2008, there was the conviction of six men—three Labour activists and three Conservatives—for postal vote fraud arising out of the June 2004 local elections. My local authority has also had problems with personation and, to an extent, voter intimidation.

I accept that there are other serious areas of concern, which will most likely be the subject of my right hon. Friend’s review and report, that are of major import. One is the lack of a requirement for proper, valid voter identification when presenting oneself as a voter at a UK polling station. That is unprecedented and undoubtedly anomalous in a modern democracy, and there is clearly a major risk of personation. Another issue is the limit on the powers to challenge alleged personation in the confines of a polling place for presiding officers, even if they know that a person is not who they say they are. The other issue is the failure to put in place legislation to curtail voter intimidation in the environs of a polling station, which we have seen in many places across the country, including Peterborough, but which was systematic in Tower Hamlets.

I will not try the patience of the House, but Tower Hamlets was but the most egregious example of many troubling themes around abuses in our electoral system. They merely coalesced in one London borough as the most extreme and shocking example. In Tower Hamlets, supervision of the corrupt 2014 elections was led by Commander Graham McNulty, who previously had been the investigating officer on the Levy and Blair cash-for-peerages allegations and was later the officer harassed—that is the word—by the hon. Member for West Bromwich East (Mr Watson) to investigate, erroneously, the late Lord Brittan. Despite Lutfur Rahman and his agent being found guilty of seven different counts of corrupt practice after the longest election petition before a court in more than a century, nobody has been charged, including supporters of Rahman named and shamed for multiple election fraud. Why is that? Perhaps the Minister will touch on that.

For the avoidance of doubt, I think that it is incumbent on Ministers to respond in a timely way to the specific recommendations made recently by the Electoral Commission on the need for photo ID at polling stations on the Northern Ireland model—I see the hon. Member for Strangford (Jim Shannon) in his place. To be fair, the Electoral Commission has raised these issues over a number of years and progress has been made, albeit slowly and by increment, on issues such as register stuffing with “ghost” voters, which individual electoral registration will mostly deal with, and the most egregious postal vote fraud methods, via the need for a signature and date of birth, but that will only half deal with the substantive issue to which I will refer later. I accept that there will always be a trade-off between accessibility to the voting system and electoral integrity. It will never be easy or simple to get that balance right.

The Electoral Commission has at least monitored trends and collected data on electoral fraud and has commissioned specialist academic research—more of that later—with an issues paper being published in 2013 and a further comprehensive and detailed report being issued in January 2014. It is a matter of regret and disappointment that the previous, coalition Government—I absolve the Minister of responsibility for this—failed adequately to address the recommendations in that report.

Where I part company with the Electoral Commission and, to an extent, Ministers is on what I see as a degree of complacency in their responses. Of course I commend the extra money for fraud prevention in high-risk areas, but I am disappointed by the blanket rejection of at least considering returning to the pre-2001 regime for postal votes and by the rather anodyne revised code of conduct for campaigners, which is frankly superfluous and lacks any real sanction in law for miscreants and those inclined to unethical or criminal behaviour—a point raised in the “File on 4” documentary.

There is much to be done to tackle electoral fraud in all its forms, but for the purposes of our debate, I will focus on absent or postal votes. It might be worth examining, by way of background, how we came to be where we are now. Postal voting was first used in 1918 for armed forces personnel serving overseas. It was reintroduced in 1945 in similar circumstances, and 1948 saw postal voting extended to certain groups of civilians including those who were physically incapacitated, those unable to vote without making a journey by sea or air or because of the nature of their occupation, and those who were no longer residing at their qualifying address.

Following recommendations made by the Select Committee on Home Affairs in 1983, the Government extended the right to apply for an absent vote in 1985, and the rules were further refined in 1989. The exception was Northern Ireland, where there was already widespread concern about electoral abuse. In 1999, a parliamentary working group chaired by the then Home Office Minister, the right hon. Member for Knowsley (Mr Howarth), recommended that postal voting applications should be simplified and allowed on demand to all voters. The Government legislated in 2000 to implement those changes, which came into effect in 2001.

In its reports on the all-postal vote elections, the Electoral Commission drew back from its earlier recommendation for all-postal voting as standard. Its research showed that a large minority of people wanted to retain the option of voting at a polling station. The Commission, therefore—thankfully—recommended the development of a new model that involved multiple voting methods, including postal voting, rather than proceeding with elections run entirely by all-postal voting.

Suffice it to say that the process for exercising one’s right to vote by post or proxy is no less complex now than it was in 1999, and turnout for general elections has fallen from 71% in 1997 to 59%—a post-war low—in 2001, rising to 66% earlier this year. That serves to refute the idea, held by those who are worried about voter disengagement, of absent voting as a panacea. Our collective obsession with electoral turnout has, surely, for too long obscured the focus on clean, honest and fair elections as the absolute priority, and that is unacceptable.

The Electoral Commission’s response to the Pickles review is detailed, thought-provoking and helpful. It will allow Ministers to access important academic research supporting a key question—perhaps the most controversial aspect of my remarks—at the heart of this debate: the reasons for the growing evidence of criminal electoral malpractice, centred on postal vote fraud, in the British Bangladeshi and British Pakistani communities and diaspora. The debate is not party political; no party has a monopoly on virtue, and all major parties have been party to fraudulent electoral activities over the last 15 years or so. We are talking not about stigmatising a particular group or community, but about protecting our democracy and the precious faith and trust that people have in the voting system.

I am grateful for the work of academics such as Stuart Wilks-Heeg, who published a paper in 2008, on behalf of the Joseph Rowntree Reform Trust, on “Purity of Elections in the UK: Causes for Concern”; and Eleanor Hill, of the Bradford University school of historical studies, who published a paper in 2012 entitled “Ethnicity and Democracy: A Study into Biraderi”, which has laid the groundwork for more recent empirical studies.

The Electoral Commission commissioned research from the University of Liverpool and the Centre on Dynamics of Ethnicity at the University of Manchester, as well as from the social research centre NatCen. In January this year, they published two excellent, compelling and detailed qualitative studies entitled, respectively, “Understanding electoral fraud vulnerability in Pakistani and Bangladeshi origin communities in England” and “Elections, voting and electoral fraud: An exploratory study focusing on British Pakistanis and Bangladeshis”. The findings supported the Electoral Commission’s stated belief that, inter alia,

“electoral fraud is more likely to be committed by or in support of candidates standing for election in areas which are largely or predominately populated by…those with roots in parts of Pakistan or Bangladesh.”

The commissioned studies suggested that

“extended family and community networks may have been mobilised to secure the support of large numbers of electors in some areas, effectively constituting a ‘block vote’”

and that

“the wider availability of postal voting in Great Britain since 2001 may have increased the risk of electoral fraud associated with this approach, as the greater safeguards of secrecy provided by polling stations have been removed.”

The academic research focused on interviews with political activists and non-political local residents in those high-risk areas, and it pinpointed the following cultural and structural trends. The reciprocal, hierarchical and patriarchal nature of kinship networks may mean that pressure is put on people to vote for particular candidates or parties, especially within family groups, as my right hon. Friend the Member for New Forest East (Dr Lewis) has made clear. Individuals may be made to feel as though they have no choice in the matter, or they may, in fact, have no choice. That applies particularly to young women and older women, many of whom are economically disadvantaged. It their 2014 study, academics from Manchester University found that, for instance, Pakistani women are more likely to have their registration forms filled in by the male head of the household than to fill in the forms themselves.

Other problems in those communities are: low levels of public awareness about what is acceptable campaigning and what constitutes fraud; low levels of awareness about how to report electoral fraud; low levels of literacy and lack of English skills, which exacerbate those problems; and reduced political activity, or complete lack of activity, by mainstream parties in too many areas, which gives so-called community leaders free rein to claim propriety over large numbers of families, whose votes they can marshal and direct as they think fit. That is the regrettable flipside of an understandable collective need for ethnic mobilisation and solidarity, but it gives rise to practices that are inimical to our democratic values.

In too many communities, it is regarded as quite normal for political activists to engage in “farming” of postal votes on the doorstep, or even to fill in the ballots at home once signatures and dates of birth have been added, before transporting them to the town hall or polling station. That is regarded as part of the process; it is well understood and not seen as irregular. The University of Manchester reported that the biraderi networks

“may undermine the principle of voters’ individual and free choice through a range of social pressures such as respect for the decision of the elders at its mildest extreme, through to undue influence where in some instances access to individual ballots of women and adult children can be refused by the elders.”

Mainstream tolerance of such block voting is nothing new, although that makes it no less reprehensible. Lord Hattersley wrote in his 2003 biography of his polling day experience in the February 1974 general election:

“I won with an increased majority...the well organised and invariably loyal Kashmiris had cast their disciplined vote early in the day.”

The reports produced for the Electoral Commission highlighted the insufficiency of safeguards for voting procedures. One report found that respondents believed that there was a

“lack of law enforcement around fraudulent applications for postal votes…undue influence and intimidation both when filling out the vote at home with others present, and during the handling of the vote by party activists, community members and candidates themselves”.

Much more research must be done into those issues by the Electoral Commission and others. We cannot know for certain the scale of the problem and how it impacts on elections in our country at every level.

In the interim, I suggest the following measures. Ministers must, as a matter of urgency, consider and respond to the Electoral Commission’s 2014 report and to the findings of the Pickles review. Existing polling station voting vulnerabilities around ID, personation, intimidation and the flaws in the Representation of the People Act 1983 must be addressed soon. There must be a proper review of individual electoral registration to ensure its efficacy in respect of electoral register stuffing. Funds must be set aside for local authorities in high-risk areas to bid for money to work with their local police to investigate properly allegations of electoral fraud, which are often time consuming and costly to investigate. Guidance must be issued to the Crown Prosecution Service and the police to ensure that they take a much more proactive and robust approach to investigating electoral fraud, and that they are seen to be doing so. Finally, new legislative sanctions must be established by means of criminal law in respect of compulsion and intimidation of someone to apply for a postal or proxy vote, alteration of another person’s postal vote application form and the transit of another person’s postal vote documentation. It should be a criminal offence for anyone other than an authorised person to open or alter a completed postal ballot pack—either the ballot paper or the postal voting statement—before it has been received by the proper returning officer.

Ultimately, I believe that none of those measures alone will substantially reduce electoral fraud in our postal votes regime, and that serious thought must be given to returning to the tried and tested system of application in the case of illness, infirmity, military service or work commitments. That system gave us, with the universal franchise, a turnout of 84% in the 1950 general election, and 78% as recently as 1992. Our present system has been summed up perfectly: voting, once a “private act in public”, is now, owing to postal vote fraud, a “public act in private.”

We are currently condoning the theft of thousands of votes of our fellow citizens, many of whom are women—a situation that would shame Emmeline Pankhurst and make a third-world despot blush. We need to ask: what price honesty and fair play, and what price our reputation at home and abroad as the beacon of parliamentary democracy?

Euro Area

Julian Lewis Excerpts
Tuesday 21st July 2015

(8 years, 9 months ago)

Westminster Hall
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Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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It sometimes feels like we need a new language in which to have this conversation about the European Union and our relationship with it. I am grateful that, over the course of his career, my right hon. Friend the Prime Minister has on many occasions given us that language by saying things such as:

“It is the last gasp of an outdated ideology…that has no place in our new world of freedom”.

I agree with him.

A new nation state is hoving into view, and people should be clear about what we are discussing. The question is: should we continue on the path into that new nation state? There can now be no doubt that that is the trajectory of the eurozone. Advocates of European Union membership on substantially the current basis are in danger of being blindsided. We can see from this debate’s attendance that people are not paying close attention to the important issue of what the five Euro-presidents have said. By the way, the “five Euro-presidents”—the ridiculousness of it is palpable.

The five Euro-presidents have set out a new nation state, and it is clear that those who advocate membership on a substantially unreformed basis have not kept up with events. Too often it seems that people complacently assume that there will be a yes vote and that things will go on as before in a kind of status quo, but there will be no status quo on the ballot paper when the referendum comes. The choice will be either to continue on a substantially unreformed basis, if the Prime Minister does not get what he wants, or to say no and continue on a fundamentally different basis. Of course, I hope that the Prime Minister succeeds in delivering everything that he has ever set out. When the day comes, I would like to see yes meaning a fundamentally different relationship with the European Union that we and the Prime Minister can wholeheartedly support, and I would like no to turn out to be something that we do not need to consider.

The five Euro-presidents have set out a path to a new European nation. I fear that the truth is that they will not be willing to allow us to move to a fundamentally different path and that, in due course, the choice will be either the wild ride to political union that my right hon. Friend the Member for Wokingham (John Redwood) set out or the conservative, moderate choice of sticking with our Parliament, our British courts, our British Lords and our ability to govern ourselves in the way that seems fit to us and that is accountable to the British people.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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I am grateful to my hon. Friend, and to my right hon. and hon. Friends who spoke earlier, for their efforts in delving so deeply into the questions without completely losing the will to live, but can he explain to me how, despite all their sufferings, the Greek people seem to regard membership of the euro as the addict regards the use of heroin? It does them enormous harm, yet they do not seem to be able to give it up.

Steve Baker Portrait Mr Baker
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My right hon. Friend makes a good point, and it may be that through the euro system Greece has done rather well in the past, through the fact that money was very easy for Greece—probably much easier than it should have been—and a nation that had probably been quite parsimonious was encouraged to take advantage of cheap credit and get into bad debt problems. It may well be that that system encouraged Greece to believe that a new way of living beyond one’s needs was possible; but as good Conservatives we will recognise that one must live within one’s means and balance the books. One must have low taxes, small government and sound money. However, I do not want to divert my remarks too far down that path.

I want to pick up on something that my hon. Friend the Member for Stone (Sir William Cash) said about Germany. It has been an interesting journey, considering how people reflect on Germany. I am inclined to think that German commitment to the EU project is not malicious or controlling. It is not a problem, except that, perhaps because the EU is perceived as an anti-war project, the German people and their leaders have pursued the project far beyond what was reasonable, just and right, out of a sense of war guilt and a historical sense of shame. We as good individualists, in rejecting collectivism, may have to look at today’s generation of German people and say that they are not responsible for the horrors of the past. They must forgive themselves and move beyond the corrupting view that they have the responsibility to take forward, in a way that is quite dangerous, a project that can now be seen to have failed. History may not repeat itself, but it sometimes rhymes. We have had a horrible financial crisis.

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David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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It is a great pleasure to serve under your chairmanship, Sir David. I congratulate my right hon. Friend the Member for Wokingham (John Redwood) on securing this debate, and I thank all participants. It has been enlightening. I particularly congratulate my hon. Friend the Member for Stone (Sir William Cash) on his election—I am surprised that anyone would dare challenge him—and am delighted that he has been returned in place as Chairman of the European Scrutiny Committee.

As previous speakers have said, the UK’s relationship with the euro area and further euro area integration raise important challenges. That is particularly the case in the context of the situation in Greece. By not joining the euro, the UK retained the economic flexibility to adjust to shocks. This Government cannot be clearer: we are committed to keeping the pound and staying out of the euro area. Under protocol 15 of the treaties, the UK has a permanent opt-out from the euro area, so we are

“under no obligation to adopt the euro”.

That said, it seems likely that the euro area—I stress “the euro area”—will need further integration to stabilise its economy. That is the premise of the recent five presidents report. Our position is simple: the EU must be flexible enough to meet the interests of both those inside the euro area and those outside it. The single currency is not for everybody, but the single market is, so it must work for all of us. My right hon. Friend the Chancellor has made it clear that, as the euro area integrates, we will need to reconcile the integrity of the EU as a collection of 28 member states with the integration of the euro area as a currency union of 19 economies. Our interests as a euro-out must be protected.

The immediate outlook for the euro area is improving. Its first-quarter growth was 0.4%, the fastest rate of quarterly growth since 2011. Nevertheless, the outlook for growth remains sluggish, which should be of concern to us all. The lesson from our own experience in the United Kingdom is that what is needed to embed recovery is a mutually reinforcing mix of active monetary policy to stimulate demand, maintain price stability and support the flow of credit to the economy, clear commitments to medium-term fiscal discipline that provide a firm anchor for market confidence and a focus on growth-enhancing structural reforms to rebalance and strengthen the economy. We therefore welcome the European Central Bank’s recent actions to stimulate the economy and tackle the potentially damaging threat of deflation. However, as the latest forecasts show, ECB action alone is not sufficient to change materially the euro area’s growth trajectory. Structural reforms are crucial to support the effectiveness of the ECB’s action.

The Chancellor has long made clear his view that there is a remorseless logic meaning that the euro area, like any currency area, needs closer economic and fiscal integration to secure its future. The recently published five presidents report is part of an ongoing process to identify next steps to better governance in the euro area.

Julian Lewis Portrait Dr Lewis
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Is it our Chancellor’s view that there should develop in the eurozone a single state with a single Government?

David Gauke Portrait Mr Gauke
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The logic of the position—this point was made by numerous right hon. and hon. Members before the formation of the euro—is that if there is a currency union, certain other things flow from it. Indeed, we are seeing the consequences of that. In a way, it is the background to the five presidents report. It is part of an ongoing process to identify the next steps to better governance in the euro area. There is a clear appetite for reform demonstrated by the process, which echoes the conversations that the Prime Minister and Chancellor have had in their bilateral discussions. The Government have submitted two written contributions to the five presidents’ process. We note the report’s proposals and have set out its content and implications in an explanatory memorandum. Therefore the Government do not currently plan to issue a further formal response. However, although the report’s focus is on the euro area, many issues it covers affect the interests of all member states. The UK will therefore remain fully engaged in discussions in this area.

So far, other member states have expressed a range of views on the report’s proposals. It is worth nothing that these reviews have been mixed. As I said, it is in our interests that the euro is a successful, strong currency area, so we do not want to stand in the way of the euro area resolving its difficulties. However, we will not let integration of the euro area jeopardise the integrity of the single market or in any way disadvantage the UK. The Government are pushing for further reform to improve the single market, focusing on the digital single market; further liberalisation of sector-specific services; and better regulation for small and medium-sized enterprises.

In return for supporting the euro area’s efforts to stabilise its economy, we want a settlement between the UK and the euro area that protects the single market, that is stable and fair and that lasts. This is in the interests of everyone—it is the basis for stable and sustainable governance of a reformed and prosperous EU—and is one of the UK’s important objectives in its renegotiation with the EU.

It has been 40 years since the British people last had a say on our EU membership. The organisation has changed vastly since then and it is time that we addressed this matter. The British public are clear that they are not happy with the status quo. My right hon. Friend the Prime Minister is determined to address those concerns. He has already talked about four areas where he wants change: sovereignty, competitiveness, immigration and fairness. For example, ever-closer union—a theme that runs through the five presidents report, to some extent—may be right for others, but it is not right for Britain, and change should include increasing economic competitiveness to create jobs and growth for hard-working families, and reforming welfare to reduce the incentives that have led to mass immigration from Europe. Those things are important to us. These reforms will improve fairness, which cuts to the heart of today’s debate: protecting Britain’s interests outside the euro. They will also improve the EU’s effectiveness as a whole. We want a dynamic, competitive, outward-focused Europe, delivering prosperity and security for the benefit of every country in the EU, with the UK playing its role.

Oral Answers to Questions

Julian Lewis Excerpts
Tuesday 10th March 2015

(9 years, 2 months ago)

Commons Chamber
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Danny Alexander Portrait Danny Alexander
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I do not recall ever having had any conversations about investment in infrastructure with Lord Green. Matters relating to ministerial appointments are, of course, a matter for the Prime Minister. What matters is making sure that in this country we have a zero-tolerance approach to tax evasion and tax avoidance, and that where organisations are facilitating or encouraging tax evasion, we put in place the proper penalties.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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Does the Chief Secretary agree that no British Government should fail to invest in the infrastructure, the personnel and the equipment of the armed forces at a rate less than the NATO-recommended minimum? Will he have a word with his leader and with mine to make sure that the necessary commitment is given before the general election?

Danny Alexander Portrait Danny Alexander
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We have met that commitment in the present Parliament, and we will do so in 2015-16 as well. Spending on defence will, of course. be a matter for the next spending round. However, I suggest that the hon. Gentleman should have regard not just to the total amount spent, but to the efficiency of the expenditure. We have made great progress during this Parliament in securing better value, in terms of defence equipment and output, for the limited money that we have to spend as a country.

Holiday Pricing

Julian Lewis Excerpts
Monday 24th February 2014

(10 years, 2 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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John Hemming Portrait John Hemming
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I thank the hon. Lady for making that excellent point. I would happily have made it myself, but I now no longer need to.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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I draw the hon. Gentleman’s attention to the situation of my constituent Amanda Wooding, who is a child care specialist. She, of course, finds herself particularly in demand during the school holidays, but she has children of her own, so she can never take them on holiday at other times because of her profession.

John Hemming Portrait John Hemming
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The hon. Gentleman makes an excellent point. The issue is all about considering individual cases. Perhaps the hardest case is that of the police, who not only often do not have any choice as to when they take holiday, but also can be fired if they are fined. That is a double whammy. Not only is taking holiday difficult; they also face losing their job. That is clearly unfair to those people.

Another constituent of mine says that they have one family holiday a year. Until this year they have been fortunate enough to take it for a week during the school term, always authorised by the school, but they cannot afford to take the same holiday during the school holidays, although their children’s attendance is otherwise excellent. That is my constituent’s point: they ensure that their children’s attendance is excellent and that they maintain their educational standards, do work and so on. Now, from a cost-effectiveness point of view, it is cheaper to pay the fines. It is not very good to have a structure in society that effectively encourages people to break the criminal law because it would cost them thousands of pounds not to.

I have another story from some people from Australia who have difficulty visiting family if there is no flexibility at all. They say:

“What is clear is that this ruling actually favours the rich. Those who can afford it pay the fine for taking their children out—I know of one family who recently took themselves skiing to do this—while those on low incomes who cannot afford the fine but feel they must go will get a criminal record. The ruling is draconian.”

Similarly, I have a constituent with links to Pakistan who has concerns that the ruling is damaging their family links as well. Those examples give us some idea of the exceptions that are now not being treated as exceptions.

On mechanisms for change, we should first look to the Taylor report itself, as that drove the changes. Recommendation 6 was that

“changes are made to the pupil registration regulations to strengthen the rules on term time holidays. While head teachers should continue to have discretion, holidays in term time should be the exception rather than the rule.”

Actually, they are not happening at all now. One obvious question in all this is what pressure Ofsted is placing on head teachers to reduce the numbers. The numbers were that 7.5% of absence in primary schools and 2.5% in secondary schools was related to holidays. Obviously, if head teachers are under pressure to reduce those numbers, there will be an effect.

We must consider the mechanisms for change. One is for the Government to produce guidance saying clearly that going to a great-uncle’s funeral, for instance, is reasonable. Secondly, the Government could introduce a new statutory instrument changing the regulations. The final question is whether a judicial review under article 8 of the European convention on human rights, or using the UN convention on the rights of the child—a point made in one of the other petitions—could have an effect.

There is undoubtedly a problem. The fact that so many constituents have highlighted the issue and so many people have signed online petitions about it demonstrates that. There are numerous solutions, including working with schools to stagger school holidays or changing regulations. We need to do something.

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Damian Hinds Portrait Damian Hinds
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The hon. Lady is correct that the rises coincide with school holidays. To some extent, the existence of those holidays creates those spikes, but the holidays themselves coincide with the high season. As I outlined earlier, the prices for holidays marketed to couples, older people, singles, groups and clubbers typically go up in late July and August because that is the most popular time of the year, particularly to visit European, sun-based resort destinations.

This debate is no place to start deconstructing the profit and loss accounts of holiday companies, but contribution to profit is a key concept. I will talk about hotels, but the same logic applies to airlines and other travel products. The direct marginal cost of someone staying in a hotel room is rather low. Globally, the figure is somewhere between $15 and $20. That is the cost of laundering towels and sheets, issuing soap and providing heat, light and power, and so on. On one level, a hotel will make a profit if it charges anything over $20. The problem is that there are other, fixed costs. For an airline or hotel, the biggest fixed cost is the building or aircraft—loan repayments do not go up and down. Taken together, the cost per night goes up from $20 to, say, $100, which is a big difference. In the off-season, a hotel room might be sold for $80, $70, $60 or $50 a night. In other words, a hotel might deliberately make a loss. Why would a hotel do that? It does it because as long as it charges more than $20 a night, which is the direct marginal cost, it is contributing to profit. If a hotel tried to charge the $100 profitable rate, it would not sell the room.

Julian Lewis Portrait Dr Julian Lewis
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I fully appreciate my hon. Friend’s argument that the rich seasons help airlines and the tourist industry to function during the off-seasons. What does he think would happen if some flexibility were introduced so that schools in different areas took their school holidays at different times? Would he anticipate prices remaining low during those times, or would he anticipate the travel industry increasing prices to reflect such an expansion of the season?

Damian Hinds Portrait Damian Hinds
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My hon. Friend makes a good point. The short answer is that such a measure would be welcomed by the travel business because it would extend the season, which would be good for capacity utilisation. There would be an effect, but the effect would not be nearly as big as many people anticipate. The season might be extended by a week or two, but those would still be shoulder periods. They would not be peak periods, so there would be a difference, but the difference would not be huge.

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Julian Lewis Portrait Dr Lewis
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rose—

George Mudie Portrait Mr Mudie
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I said that I would give way to the hon. Lady.

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George Mudie Portrait Mr Mudie
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I will answer my hon. Friend when I come on to the DFE. I was thanking the people who have signed the petition, because they have performed a great feat in putting the matter in the public consciousness and the political arena. However, we would be making a grave mistake if we chased after the Department for Business, Innovation and Skills. From the answer it gave to the e-petition, I am sure that the Department would not bother if we chased after it, because its answer is quite dusty, but I have some sympathy for it, as the people who should be answering are in the DFE.

Julian Lewis Portrait Dr Julian Lewis
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I am slightly conflicted over the whole issue. The hon. Gentleman made the point about people needing to save money. A constituent of mine, Joy Drake, took her children on a once-in-a-lifetime holiday and saved £1,000 on the air fares. Does he not agree that, if the issue is left to individual head teachers and schools, they will be put in an invidious position in deciding which families get to save on the air fares and which families do not? Therefore, should we not look at something that enables the general discretion to be applied—other than, of course, bereavements and similar things—as to when the holiday is taken by everyone, rather than just flexibility on an individual case by an individual head teacher?

[Mrs Annette Brooke in the Chair]

George Mudie Portrait Mr Mudie
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That is an important point.

One of the things that has come from this e-petition is a request from the travel and tourism industries to get together with the Government and local authorities to see if they can work something out to alleviate the problem. The option of regional staggering has been mentioned on more than a couple of occasions. That is one thing that the industry has suggested it wishes to talk about. It has asked for talks, and I look to BIS for an acceptance of that invitation and to get the industry around the table as soon as possible to start talks. I say that not because a quick solution would be forthcoming, but because it will take such a time to get a solution that the sooner they start, the better.

[Mr Andrew Turner in the Chair]

Let me return to the point made by my hon. Friend the Member for Wirral South (Alison McGovern). In this place, roles are reversed at a bewildering speed. If I was standing here giving the education policy of a future Labour Government, I would be told, “You don’t trust the professionals. Leave it to the doctors and teachers”. When the solution—this is coming from a Labour MP—is about trusting head teachers, suddenly that is not enough.

I have discussed this matter—more than anything else this past week—with my wife, who is a head teacher, and all I get is common sense. None of us would be prepared to stand here and say this, particularly as two weeks ago, my wife had Ofsted in at 24 hours’ notice, but head teachers have great discretion, great judgment— on the whole—and great empathy. They have great relations with parents and know them. They can look at the attendance records and do all the things that have been suggested as a matter of common sense and as part of being a good head running a good school. I would be content to leave it at that.

I would like hon. Members to say if they had a problem with kids’ attendance when families could take an in-term holiday. Where were the letters about that? Where were the public complaints? They were not there—it was not a problem. What did the Secretary of State for Education do? I do not want to make the issue political; I have been gently asking him, for once in his life, just to act with a bit of humility and take the measure off the table, and I do not want to make it easy for him not to do it by being political. That is all he needs to do, because the situation was okay.

Due to the fuss that has gone on and the hurt that has happened, why should the Government not just take the measure off the table? The Secretary of State has caused it, so he has in his hands a remedy. If he wants change, he should get together with all the parties. Even the travel trade is saying that it has to lay people off because the measure is affecting its business.

What have the Government done? They have put through the measure without any real consultation. The first bad thing the Secretary of State did was to push through the measure to operate from last September, but people had already made their arrangements for holidays. They had taken the advice of the travel trade and got in quick, seeking the cheapest bookings. Suddenly, it was illegal to do so. There was no consultation. The measure was peremptorily introduced, smuggled through the Joint Committee on Statutory Instruments.

The second bad thing is that the Secretary of State will fine the parents £60 if they do it, and it could be £120 if they are late in paying.

Trident Alternatives Review

Julian Lewis Excerpts
Wednesday 17th July 2013

(10 years, 9 months ago)

Commons Chamber
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Danny Alexander Portrait The Chief Secretary to the Treasury (Danny Alexander)
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I beg to move,

That this House has considered the Trident Alternatives Review.

Thank you, Mr Speaker; I shall certainly do as you say. I will also tailor the number of interventions I take to meet your invocation.

Yesterday, the Prime Minister and the Deputy Prime Minister published the Trident alternatives review—the most thorough review of nuclear weapon systems and postures that the UK has undertaken for decades, and the most comprehensive analysis ever made public. For the first time in a generation—

Danny Alexander Portrait Danny Alexander
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I will make some progress before giving way.

For the first time in a generation, the Trident alternatives review shows that there are credible and viable alternatives to the United Kingdom’s current approach to nuclear deterrence. A different approach would allow the UK to contribute meaningfully to the new multilateral drive for disarmament initiated by President Obama, while maintaining our national security and our ultimate insurance policy against future threats.

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Danny Alexander Portrait Danny Alexander
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I will take some interventions later, but in the light of what Mr Speaker has said, I will make some progress.

A different approach could allow long-term savings—about £4 billion over the life of the system—to be made against current plans. Let me be clear: this does not change current Government policy to maintain Britain’s nuclear deterrent and prepare for a successor system. It does mean that we can at last have an open and much more informed debate about what our nuclear weapons are for and how they should be deployed—a debate that provides our country with a chance to change course before the main-gate decision for a successor system is taken in 2016.

Julian Lewis Portrait Dr Julian Lewis
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I am grateful to the Chief Secretary for giving way. He says this is the most comprehensive examination for many years—that is open to question—but will he explain why it considered only the four-boat and three-boat options for Trident, not the two-boat options that the Liberal Democrats plan to put to their conference as Liberal Democrat policy?

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Kevan Jones Portrait Mr Jones
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I think that the right hon. and learned Gentleman has had enough time, and the time is limited.

There was another option that was deemed unworthy of examination by what is otherwise a thorough and forensic document: sending two unarmed submarines out on patrol with the intention of stepping up our posture in a time of crisis. That is the policy the Chief Secretary has just proposed.

Julian Lewis Portrait Dr Julian Lewis
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I read that report in The Times, and it seems to me that what was being said was that the Labour party is committed to continuous-at-sea deterrence and the only question is whether it can do it with three submarines or whether it would have to do it with four. The one thing that is absolutely certain from the report is that it cannot be done with two, yet the Chief Secretary’s position is that if a crisis arose they would step up their performance. How could we build a third or fourth extra submarine in time to step up our performance if a crisis arose?

Kevan Jones Portrait Mr Jones
- Hansard - - - Excerpts

I know that the hon. Gentleman has studied this subject thoroughly and is an expert. I totally agree with him. As I said, the Chief Secretary clearly has not read his own report because, as the hon. Gentleman rightly says, it outlines the problem with having only two submarines.

The Liberal Democrats briefed the newspapers earlier this week that the two-boat option would be a way forward, and the Chief Secretary has just re-outlined that ludicrous policy. My right hon. Friend the Member for East Renfrewshire (Mr Murphy) hit the nail on the head yesterday when he said that it was a little like installing a very expensive burglar alarm on one’s house with no batteries and putting up a sign saying, “Burglars, come in.” The only difference is that this would be a multi-billion pound deterrent that would not deter.

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Liam Fox Portrait Dr Liam Fox (North Somerset) (Con)
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I will begin by saying that this is not the most comprehensive review of this subject carried out in recent years: the previous Labour Government carried out a comprehensive review. I can say that with some confidence, because one of the first things I did as Defence Secretary when we came into government was to ask to see that work and check whether its assumptions and costs were still valid. It was my view that they were, and that continuous-at-sea deterrence still represented the best system and best value for our nuclear deterrence.

In our review, we looked at the previous Government’s review and at the systems that have since been rejected again. No Member wants to have an air-launch system or a silo-based system in their constituency. At the time, the Liberal Democrats put forward a proposal on the cruise-based system that they believed to be credible. We, of course, maintained our belief that CASD was the best, along with a replacement for the Trident programme.

There are a number of reasons why I was happy for the review to go ahead. In particular, it would show the Liberal Democrats that the cruise-based system was a non-starter. First, it would be too expensive. It would require research and development for the missile system and for changes to the submarine programme. It would be slower and more easily intercepted. It would require our submarines to be closer to target, and therefore more likely to be detected. It would also—no small point—be illegal under the treaty on the non-proliferation of nuclear weapons. It was a non-starter. I am therefore pleased that the Chief Secretary, who is not in his place at the moment, came to the conclusion, rather belatedly, that it would be good to keep the Trident replacement system. It is a gain for the whole House and the country that the Liberal Democrats have seen sense.

What is deeply depressing, however, is the willingness of the Liberal Democrats to abandon CASD. It has been the position of both major parties—the Labour party and the Conservative party—to have CASD based on four boats, or fewer if technology allowed. Let us be frank: in the foreseeable future, technology will not allow us to go below four boats. We need one going out, one coming in, one in refit and one in training. It is not possible to maintain what we have and what we want at lower levels than that, given present technology. If we go down to three, CASD cannot be guaranteed. If we go to two boats, we cannot have it at all, so that is an unrealistic proposition.

What are the Liberal Democrats saying with this policy? They are saying that we would abandon CASD, but deploy at times of increased international tension. What does any Member think would happen to international tension if we deployed a nuclear system that was not otherwise deployed? That would be a crazy foreign policy. I have to say to my Liberal Democrat colleagues that it is all very well to talk about stepping down the ladder, but if the bottom of the ladder is hanging off a cliff, that is not exactly a sensible manoeuvre.

On cost, the Chief Secretary said that they would save £4 billion over the lifetime of the programme—£4 billion over a 34 to 50-year period. That £4 billion is the equivalent to less than two weeks’ spending on the national health service, or six days of what we spend on pensions and welfare. This is supposed to be value for money. For that infinitesimally small saving over a 50-year period, they would abandon a crucial element of our national security—a very interesting definition of value for money.

Julian Lewis Portrait Dr Julian Lewis
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For the sake of clarity, it is important to stress that in the report the only options for Trident are a four-boat fleet or a three-boat fleet. That is where the £4 billion would come into it. The report does not even consider or cost a two-boat fleet, because it would be impossible to reinstate to a higher level of readiness.

Liam Fox Portrait Dr Fox
- Hansard - - - Excerpts

It is not possible to put in monetary terms the risk that moving to a two-boat fleet would pose to the UK. They are completely different currencies. It is ridiculous to say that there would be a £4 billion saving, given the monumental disruption it would cause to our submarine-building programme and all the jobs likely to be lost, as the hon. Member for Barrow and Furness (John Woodcock) pointed out many times. The calculations in the report are fraudulent economics.

The crucial question to be asked by anyone who wants to dismantle or diminish the CASD posture is: what will the world look like in 30, 40 or 50 years? It is all very well to say, “The risk assessments says that at the moment it’s okay”, but we do not know what the risk assessments will be in the future, and it is not our job to play roulette with the security of future generations in our country. We are being offered 50 years of protection from nuclear blackmail for the people of our country. There are those who say that £20 billion or more of capital costs is too much for 50 years’ protection from nuclear blackmail, but that it was all right to spend £9.5 billion for six weeks for the Olympics. We need to get our priorities right in this country and recognise what is important in the longer term.

CASD gives us secure insurance that is proven. It is the best deterrent, and to say anything other is political posturing, I am afraid. As has been said, we could drive a nuclear submarine through this report. We all like a good joke in politics, but this is no laughing matter. If it is a joke, however, let us hope it rebounds on the Liberal Democrats, not on the people of this country.

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Nick Harvey Portrait Sir Nick Harvey (North Devon) (LD)
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I commend my right hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Danny Alexander) on bringing this piece of work to fruition, and I believe it has genuinely taken an open-minded look at the whole issue. The review did not set out at the beginning by offering preconceived conclusions to those carrying out the work, and I believe it has been a worthwhile exercise. I also note that the principal reason why alternative systems were found not to be viable was not—as some have suggested—because they were not technically viable. In contrast, it was because the length of time such alternatives would take, and the amount of money it would involve to equip a warhead to an alternative system, would make such alternatives prohibitive in the medium term. That is the expert view of those tasked with looking at the matter. If that is the conclusion to which they have come, I for one would not seek to question it and we must accept it.

The second part of the study, which looks at alternative postures, concerns the debate that this report can now seek to inform and trigger.

Julian Lewis Portrait Dr Julian Lewis
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Will the hon. Gentleman give way?

Nick Harvey Portrait Sir Nick Harvey
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Not at the moment.

Given that this report was commissioned by a Government who are a coalition of two parties with fundamentally different opinions on the issue, it was never going to come forward with proposals. It was about considering the alternatives and informing the debate that might follow.

I contend that nobody can rationally argue that the nature and scale of the nuclear threat that the United Kingdom faces in 2013 is the same as it was at the height of the cold war. Then we had a known nuclear adversary, the Soviet Union, that had British targets in its sights and we, similarly, had Soviet targets in our sights. We believed that it might strike at a moment’s notice and we therefore thought it was essential that we were ready at a moment’s notice to strike back. But 25 years after the Berlin wall came down, one cannot rationally argue that the threat we face today is the same as it was then. We can debate what threats we might face in the future, but we cannot argue that the threat we face today is the same as it was in 1980.

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Nick Harvey Portrait Sir Nick Harvey
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I agree entirely with my right hon. Friend that we must consider the threat we might face in 20, 30 or 40 years’ time, so we must therefore ensure that we have a nuclear deterrent in 20, 30 or 40 years’ time that is capable of deterring the threat that we might face at that point. My point is simply that the threat we face today is not the same as it was at the height of the cold war. It therefore cannot make sense to operate it on a 24/7 continuous basis facing a threat that simply does not exist at the moment.

I understand the view of those who say that we must retain enough capability to ensure that, in the future when we face threats we cannot anticipate today but know intuitively could come, there is enough of a deterrent to repel them. That is perfectly logical, but it does not make sense for the nuclear deterrent—uniquely among our military capability—to be on patrol the whole time when even our national security strategy has stressed that it is for a second-tier threat and when we do not use our military capability to deter the primary threats on that continuous patrolling basis.

To answer the points made by my right hon. Friend the former Defence Secretary, I am not saying that it might not be necessary in the future to crank up to a more rigorous posture—it might well be—but I do not see how anyone can rationally argue that we have to do that at the moment. The idea that the nuclear capability has a deterrent effect at all only by being patrolled 24/7 is clearly absurd. All the rest of our capability has a deterrent effect against a variety of aggressors in a variety of scenarios and we do not see the need to exercise any of it on a 24/7 basis.

Julian Lewis Portrait Dr Julian Lewis
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I could just about stay with the hon. Gentleman’s argument if he was saying that we ought to build four submarines but not send them all to sea until the situation became worse, but he is not saying that. He is saying that we should build only two or three such submarines, which would mean if the situation got worse, we would not be able to reinstate continuous-at-sea deterrence because we would not have the submarines. Without the submarines, we cannot have the posture, much as he might like to reinstate it when the situation gets worse.

Nick Harvey Portrait Sir Nick Harvey
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I can agree to the extent that we must ensure that we build enough capability that we can mount the deterrent we will need at the point that we need it. What that will comprise is a matter for further debate and further study and I note with interest that even those on the Labour Front Bench and the former Defence Secretary, the right hon. Member for Coventry North East (Mr Ainsworth), acknowledge that it remains to be seen whether we need four or three to do that.

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Lord Walney Portrait John Woodcock
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I would describe it as a complete collapse in the Liberal Democrats’ position. Two years on, we have a taxpayer-funded document—how much did this process cost the taxpayer, by the way? The document basically confirms what we duped fools have been arguing for years—that unless people show their true colours and come out as unilateral disarmers, and in doing so advocate a path that we strongly believe would make the horror of a nuclear war more likely, there is no credible, cost-effective alternative to the fundamentals of the existing plan to replace our fleet of deterrent submarines.

The alternative review rejects as unworkable and even more expensive what had long been the Liberal Democrats’ preferred option—some sort of mini-deterrent. Then the fall-back plan of halving the number of replacement Vanguard submarines to two, fervently briefed to the newspapers over the weekend, turns out not to have been considered by the review at all. Would anyone like to explain this? Have Liberal Democrats realised that every idea they have put forward so far has collapsed under scrutiny? Did they come to a view that it was best not to test this one in the official review, lest those pesky facts and figures ruin it like all the others?

Julian Lewis Portrait Dr Julian Lewis
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The hon. Gentleman may be aware that all the talk about the Liberal Democrat conference considering a two-boat option comes from a Liberal Democrat document that has been drawn up by a Liberal Democrat group. When I asked the Chief Secretary earlier today at a briefing whether any copy of the review was going to be taken to the Liberal Democrat conference for consideration, he said, “Well, I might take a copy, but it will just be in my briefcase.” In other words, the review is not the document that the Liberal Democrats are going to consider. They are going to consider a completely different document making completely different recommendations, which the review did not even bother to consider.

Lord Walney Portrait John Woodcock
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The hon. Gentleman is right. If we were living through a Monty Python sketch, this would be the point when the army major intervenes and says that this is all getting too silly and we have to stop it at once. But of course the consequences for the nation’s security, and the 13,000 people directly employed in Barrow and across the UK, would be bitterly serious if the Liberal Democrats had their way on their part-time deterrent idea. That is why it would be a very good thing if this shambolic process now sunk without trace. Even their own document makes it clear just how hopeless an alternative a part-time deterrent would be. It states that

“a 3-boat fleet would risk multiple unplanned breaks in continuous covert patrolling as well as requiring regular planned breaks for maintenance and/or training.”

They are effectively suggesting that we pay billions for something that we cannot be sure will be available to do the deterring when needed.

Proper analysis of the figures makes clear the economic folly of the argument. The Chief Secretary told me that he had considered the cost of maintaining Britain’s submarine-building capacity at Barrow and elsewhere, but his own document makes no suggestion, as far as I can see, that the savings take account of that. It suggests that the extra costs from 2025 of bringing forward the next submarine programme—the successors to the Astute—to avoid a crippling gap in the order book of the shipyard are simply not considered in the £4 billion saving. When he sums up, will the Minister finally confirm what the Chief Secretary has so far avoided admitting—that these relatively modest savings would be completely wiped out by the extra cost?

The choice that the next Government but one would face would be either to leave a gap in construction so large that it could end the country’s capacity to build submarines for ever, sacrificing all those 13,000 jobs, or to end up saving no money at all by embarking on a whole new submarine-building enterprise before it is needed by the Royal Navy.

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Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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In the past few months we have had several opportunities to debate nuclear deterrence. The hon. Members for Islington North (Jeremy Corbyn) and for Brighton, Pavilion (Caroline Lucas) and I, from our respectively opposite sides of the argument, successfully procured a debate on 17 January. Strangely enough, I did not hear many of these Liberal Democrat midway positions articulated on that occasion. The hon. Member for Islington North then secured a debate in Westminster Hall on nuclear deterrence and the non-proliferation treaty on 22 June, and I seem to remember that there were no Liberal Democrat contributions to that debate at all.

I think that it is possible to make a principled and coherent case either that we should have an effective and continuous nuclear deterrent or that we should not, but one cannot make a sensible case for having a part-time deterrent. I have looked at the report in some detail and will pick out a couple of elements that I regard as particularly significant. The very first sentence of the executive summary states:

“Deterrence rests on the notion of ‘unacceptable loss’—the ability to inflict a level of damage that a potential aggressor would judge outweighed any benefit they might gain by a particular course of action.”

Well, yes and no. It does not just rest on the notion of unacceptable loss; it rests on the twin notions of unacceptable loss and unavoidable loss. That is where the whole concept of continuous-at-sea deterrence is central, because if one thinks one has a chance of avoiding an unacceptable level of retaliation, one might well take that chance in the hope that one will not have to face up to it.

I have quoted before, and I will quote it again tonight, what was stated the first time a senior British defence specialist considered the concept of what in those days would have been called atomic deterrence. That was in June 1945 in a top secret report drawn up by a committee of defence scientists headed by Professor Sir Henry Tizard. He made a comparison between the atomic bomb, which at the time had not yet been tested or used against Japan, and the concept and practice of duelling:

“Duelling was a recognised method of settling quarrels between men of high social standing so long as the duellists stood twenty paces apart and fired at each other with pistols of a primitive type. If the rule had been that they should stand a yard apart with pistols at each other’s hearts, we doubt whether it would long have remained a recognised method of settling affairs of honour.”

However, if the duellists do not know whether the pistol is loaded, then even if they are standing only a yard apart they might just be reckless enough—“reckless” is the word that we hear time and again in the context of this Lib Dem policy—to take a chance. The whole point about nuclear deterrence is that it is unacceptable and unavoidable that a country will suffer nuclear destruction if it uses its nuclear weapons against a similarly armed country.

In the document, which was prepared by two civil servants in the Cabinet Office specially seconded from the Ministry of Defence, a number of strange concepts are articulated. One of them is familiar—continuous deterrence, which is referred to without quotation marks. Then the document refers to things called “focused deterrence”, “sustained deterrence”, “responsive deterrence” and “preserved deterrence”. I have studied this subject for at least 31 years and I have never come across those terms before. At a briefing earlier today, the two civil servants were good enough to admit that in fact they had made them up. That is perfectly okay, except for one thing—the use of the word “deterrence”. They could just as easily have referred to something like “intermittent deterrence”, “semi-deterrence”, microscopic deterrence” or “virtually zero deterrence”. It is not really deterrence unless it is certain; that is why it used to be called “mutually assured destruction”. It is not enough to be able to threaten destruction; it has to be assured because otherwise the person may not be deterred.

It may seem as though the Liberals’ policy is in disarray, but they could still emerge, at the end of this process, as the winners. I will explain why. At the next general election, we could have another hung Parliament, as my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) suggested. The Liberal Democrats could then say to the Leader of the Opposition, “All that stands between you and entering No. 10 Downing street is to get rid of this weapons system.” They would not say, “Go down to two boats”; they would say, “Get rid of it completely”, because that is what they have wanted all along.

Hugh Bayley Portrait Hugh Bayley (York Central) (Lab)
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In the unlikely scenario that the hon. Gentleman paints of our having another hung Parliament, the Liberal Democrats would presumably negotiate both with his party and with mine. I think he is going to give me a firm view of what the answer would be from his party, and our Front Benchers have already given a firm view of what the answer would be from our party.

Julian Lewis Portrait Dr Lewis
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I am delighted by that intervention, because it not only gives me an extra minute but anticipates the next part of my argument.

If the Leader of the Opposition accepted that deal, then knowing the Liberal Democrats, they would start making the same offer to the current Prime Minister, who would have to think to himself, “Well, if I say no and the leader of the Labour party has said yes, Trident is doomed anyway, so I may as well say yes as well.” Who knows how these things might work out?

However, a solution is at hand: we could sign the main-gate contracts for some or all of the submarines in advance of the next general election. The only reason we put that off was to enable the Liberal Democrats to have their alternative study. They have had their alternative study, and it did not even consider a two-boat solution; it considered only a three-boat or four-boat solution. It could hardly be a breach of the coalition agreement if we were to challenge the Liberal Democrats to accept signing the contracts on the first two boats, if not the first three. That would at least prevent them from blackmailing either party, in the event of a hung Parliament, to get rid of the deterrent entirely.

At the most recent Defence questions I think I heard from the Opposition a commitment to try to bring forward the main-gate decision to this side of the election. I urge Opposition Members who believe in deterrence to join Conservative Members and put relentless pressure on our leaders for a grand coalition to bring forward the main-gate decision and secure the future of the nuclear deterrent—

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Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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I am pleased we are having this debate and that the hon. Member for New Forest East (Dr Lewis) has spoken, because he sincerely believes in nuclear weapons as much as I sincerely disbelieve in them. Interestingly, he quoted Tizard as one of the main scientists involved in the Manhattan project and the development of nuclear weapons, but we should also recall that many of the others involved, including Joseph Rotblat and Einstein himself, were later appalled at what they had discovered, at how it had been used and at the consequences for humanity of possessing nuclear weapons at all.

I hope that the hon. Member for Brighton, Pavilion (Caroline Lucas), I and one or two others might manage to bring to the Floor of the House a sense that there are alternatives to Trident. The review that the Liberal Democrats have asked for and that was no doubt produced at enormous expense is not a discussion of the alternatives. It is a discussion of weaponry and, in part, of perceptions of security and risk, but it is not a discussion of the alternative to Trident and nuclear weapons, which is not to have them at all and instead to aspire to a nuclear-free world. Interestingly, when those who support nuclear weapons are challenged, they all say they want to live in a nuclear-free world—

Julian Lewis Portrait Dr Julian Lewis
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indicated dissent.

Jeremy Corbyn Portrait Jeremy Corbyn
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Not all of them. I beg the hon. Gentleman’s pardon. I exempt him from my last remark. He wants to live in a nuclear world, but many who agree with him about the decision on Trident want to live in a nuclear-free world, yet they go on to say that they cannot do anything about it, because now is not the time to do it, and then they head off rapidly down the road of weaponry and cold war attitudes towards deterrence and defence.

One or two fundamental questions need to be asked. A nuclear weapon is not a targeted weapon. Let us imagine we set off a nuclear weapon against, say, France. Let us suppose a Conservative Government got very angry with President Hollande. They are frequently angry with the French on most matters. They have never quite forgiven them for the 100 years war or the French revolution—[Interruption.] See, they are cheering up now. They are licking their lips at the prospect of war with France. Indeed, this whole building is festooned with memorabilia about the French revolution and the defeat of Napoleon. If they wanted to teach the French a lesson by sending a nuclear weapon against them, it would not take out a military establishment or an airport; it would take out millions of people in the civilian population, just as it would if used against Moscow, Pyongyang, Tehran or anywhere else. A nuclear weapon is a weapon of indiscriminate mass destruction against a civilian population. Small nuclear weapons were used in 1945 over Hiroshima and Nagasaki. They were tiny in comparison with one warhead on one part of a Trident submarine now, and the cancers from those weapons have existed and lasted for 60 years. The use of a nuclear weapon sets off a nuclear winter and an environmental disaster for those affected.

To those who want us to spend, in reality, £100 billion on Trident, I say that by 2020—if the main-gate decision is taken in 2016—a large proportion of the defence budget will be taken up in building new submarines and the warheads to accommodate them. Will defence chiefs at that time accept cuts in every other area of defence expenditure to accommodate the construction of those new submarines and new missile systems? I seriously doubt it. Those in the House who talk so glibly about nuclear weapons know full well that there is a serious debate in the Royal United Services Institute and the defence establishment about targeting defence expenditure on nuclear weapons when so many other demands are apparently being put forward by different service chiefs.

To my colleagues in the Labour party, who have been through this debate on nuclear weapons many times, I say that if we win an election in 2015—obviously, I hope we do—the demands on that incoming Government about apprenticeships, student fees, benefits, hospitals, schools, council housing, railways, roads, and a whole range of things, will be massive. Will we say to our supporters, “Sorry, the priority is weapons of mass destruction. The priority is nuclear weapons”? I like to think we would not.

Yes, we face threats in this world, including from terrorists, but holding nuclear weapons did not do the USA much good on 9/11, or us much good on 7/7, and it has not done anybody else much good. We must look to the causes and the humanitarian effects of war. A 1996 International Court of Justice ruling stated that

“the threat or use of nuclear weapons would be generally contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law.”

Let us look for alternatives such as nuclear weapon-free zones, supporting a non-proliferation treaty, or a conference of middle eastern states to bring about a nuclear weapon-free middle east. The review is not an alternative document but one that leads us down the road of nuclear proliferation and danger. The real alternative, produced by the Campaign for Nuclear Disarmament, sets out an agenda for peace and investment in people, jobs and a good future for this country, not investing in weapons of mass destruction.

I hope I have managed at least to bring an alternative view to this debate.

Saville Products Ltd and HMRC

Julian Lewis Excerpts
Tuesday 2nd July 2013

(10 years, 10 months ago)

Westminster Hall
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David Gauke Portrait The Exchequer Secretary to the Treasury (Mr David Gauke)
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It is a great pleasure to serve under your chairmanship again, Mr Crausby. I am grateful to have the opportunity to respond to the speech made by my hon. Friend the Member for Altrincham and Sale West (Mr Brady) who, as ever, represented his constituents with great eloquence and made a good case on their behalf.

I should state that in the case raised by my hon. Friend, Her Majesty’s Revenue and Customs—or the Inland Revenue, which was the relevant organisation for much of the time—clearly did not carry out its investigation appropriately and did not complete its review process to the standards expected. I am aware, both from his comments today and from the previous meeting to which he referred, of the distress and worry that his constituents have suffered as a consequence, and I offer my sincere sympathies and apologies for their experiences during that period.

I feel that it would be of most use to address two issues in the course of the debate. First, I shall set out the procedures in place to ensure that all taxpayers, such as my hon. Friend’s constituents, can receive a fair and independent review of any grievance. Secondly, I will address the issues that he has specifically raised involving Mr and Mrs Nelson.

On the first point, I should start by stating that employees of HMRC clearly must understand fully that compliance checks can be stressful to taxpayers. To be fair to HMRC, it sets high standards for professionalism and customer service, and deals with the vast majority of cases fairly and efficiently. With more than 500,000 compliance checks undertaken annually, there are likely to be some cases when claimants feel that those standards have not been met. In such circumstances, it is absolutely right that taxpayers, or their agents, can submit a complaint about the action of HMRC.

HMRC has a well-established two-tier complaints process for such situations and makes a concerted effort to resolve all complaints at the first opportunity. That involves a fully trained and experienced case handler who undertakes a full review of all aspects of the complaint. If the customer remains unhappy following that process, they can ask for the complaint to be looked at again. This second-tier—or tier 2—review is carried out by a different case handler to help to provide an independent perspective on the case. Again, it is worth noting that the vast majority of cases are resolved over the first two tiers. In the tax year 2011-12, HMRC successfully resolved 98% of complaints over the two tiers.

In cases when the taxpayer remains dissatisfied with the response, such as in the case involving Mr and Mrs Nelson, it is right that they can ask the adjudicator or the Parliamentary and Health Service Ombudsman to look into their complaint. The adjudicator is a fair and unbiased referee, and the service provided is free to the taxpayer, provided that the complaint falls within the adjudicator’s remit.

The adjudicator’s role is to investigate and help to resolve complaints from individuals and businesses that remain unhappy about how HMRC, the Valuation Office Agency or the Insolvency Service have handled their affairs, after they have exhausted the relevant organisation’s complaints handling procedure. That can include complaints about mistakes, delays, poor advice, inappropriate staff behaviour or the use of discretion.

As my hon. Friend is aware, a customer can also ask their Member of Parliament to refer the complaint to the Parliamentary and Health Service Ombudsman. The ombudsman is independent of the Government and investigates complaints impartially, specifically on allegations of complicity or malpractice. Investigations by the ombudsman are conducted in private, and the relevant legislation restricts her ability to provide detailed information about specific investigations.

I can confirm that if the ombudsman decides that a Department or an arm’s length body has made a mistake, she will work with it to correct that error. That could involve acknowledging the mistake, issuing an apology and paying compensation. In all cases, it should involve ensuring that the same mistake does not happen again.

That leads me to the second part of my response: my hon. Friend’s interest in the specific case of his constituents. As I mentioned at the outset, it is clear to me, having taken a personal interest in the case, that significant mistakes were made by HMRC and its predecessor organisation. The original investigation was not handled well, and that was further compounded by the failure of HMRC complaints handlers to acknowledge that.

In the case of all complaints that are referred to either the adjudicator or the ombudsman and that are upheld, HMRC undertakes a thorough internal review and, as would be expected, steps are taken to ensure that lessons are learned by not just the individuals involved, but the entire body, in an effort to ensure that mistakes are not repeated elsewhere. One area in which HMRC has learned lessons from such complaints and improved its processes is alternative dispute resolution. It uses the skills of an independent HMRC facilitator to work with customers, agents and caseworkers to try to reach an agreement and resolve disputes.

HMRC has held a successful pilot and is now rolling out that approach more widely, and I hope that that provides some reassurance that action has been taken, following the ombudsman’s report to improve performance in this area. However, I have seen from correspondence that my hon. Friend’s constituents raise concerns about the “agenda” of the ombudsman in failing to uphold entirely the complaint made, and suggest that if I accept the conclusions reached by her, I am condoning “dishonesty, deceit and collusion”. Although I have every sympathy with my hon. Friend’s constituents, and I understand the frustrations that they have experienced, I strongly contest that suggestion. There can be no doubt about the independence of the ombudsman from HMRC—or indeed any Government Department—and I therefore believe her judgment in this matter to be sound.

My hon. Friend’s constituents have been critical of the level of payment awarded, as it is significantly below the amount they believe would represent sufficient recompense for the expense incurred and anxiety caused by the compliance check. Compensation has, however, been paid for the identifiable and evidenced expense incurred as a result of the extended investigation and, additionally, a compensation payment has been made for the unnecessary suffering caused by HMRC’s handling of the matter, in accordance with the instructions of the ombudsman. As my hon. Friend rightly points out, the payment is much higher than is normally the case in such circumstances. However, the ombudsman did not find sufficient evidence of economic loss and accordingly did not direct HMRC to pay any compensation in that regard.

I reiterate my apologies and sympathies to my hon. Friend’s constituents for the undoubted worry and distress caused to them as a result of failings at HMRC or the Inland Revenue, as it was for much of that time. It is always regrettable when avoidable errors such as those made during this investigation result in the kind of personal hardship that no amount of financial compensation can eradicate.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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I have been listening to this debate with great interest and I must say that Mr and Mrs Nelson have inherited the fighting spirit of the great admiral who shared their surname. I have a similar case in which HMRC is pursuing a medium-sized firm for about £1 million in notional lost tax for goods that were bound for export but were stolen. The firm was an innocent party and the tax is notional, but HMRC is threatening the livelihoods of 40 employees and will not let the matter go. When the Minister says that such cases are always unfortunate and that we should put up our hands and say sorry, will he take a sympathetic view and have a word with the organisation to say that sometimes it is better to prevent the wrong from taking place in the first place, rather than having to apologise for it afterwards?

David Gauke Portrait Mr Gauke
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I am grateful for my hon. Friend’s intervention. It is not possible for me to comment on individual cases, although I know that he has taken a close interest in that matter for some time. Perhaps we can have a quiet word about it afterwards. It is not possible for me, as a Minister, to intervene in operational matters, but it is right that HMRC has the correct procedures in place.

To return to the case raised by my hon. Friend the Member for Altrincham and Sale West, it is perhaps worth reflecting on the fact that it originated in 2001. The UK’s tax authority has undergone radical changes since then, not least with the formation of HMRC itself. While that does not in any way excuse the errors that were made, the organisation has made significant improvements in the past 12 years. Furthermore, let me reaffirm my faith in the work of the parliamentary ombudsman—in the context of HMRC and beyond. I have trust in her impartiality and independence. Although I appreciate that this is not the answer that my hon. Friend is looking for, and I have no doubt that he will continue to represent the case of Mr and Mrs Nelson strongly, the ombudsman has reached her conclusion and it should be respected.