Boundary Commission for England
Kevin Foster Excerpts(4 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Wales (Kevin Foster)
I should like to inform the House that my right hon. Friend the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office has made the following appointments under schedule 1 to the Parliamentary Constituencies Act 1986 following a competition run in accordance with the governance code on public appointments:
Colin Byrne, appointed as a member of the Boundary Commission for England, effective
from 1 July 2019 until 30 June 2024; and
Sarah Hamilton, appointed as a member of the Boundary Commission for England, effective
from 1 July 2019 until 30 June 2024.
[HCWS1625]
Oral Answers to Questions
Kevin Foster Excerpts(4 years, 11 months ago)
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Steve Double (St Austell and Newquay) (Con)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
I respect the passion of my hon. Friends from Cornwall in their campaign for Cornish national identity. However, the Government will be guided by the ONS’s recommendations to the Government and Parliament regarding particular questions in the next census. Everyone who wishes to identify their chosen national identity will be able to do so in the 2021 census.
Steve Double
I thank the Minister for his response, but the Cornish continue to be the only UK national minority unable to identify themselves in the census by way of a tick box. Does the Minister agree that this falls short of equality of recognition for the Cornish?
Kevin Foster
Ultimately, as I have just said, the Government will be guided by the ONS’s recommendations, and ultimately the final questions will be decided by this House.
Mr Gregory Campbell (East Londonderry) (DUP)
Does the Minister agree that while it is important that all recognised national minorities should receive their place in the census, we do need to be very careful that we do not put forward nominations for what are not recognised national minorities and be accused of social engineering?
Kevin Foster
When filling in the census, particularly given the fact that we have moved mostly to online filling in, everyone will be able to use either one of the tick boxes or the search and type facility for common responses that people may wish to use. Everyone will be able to fill it in in the way they wish and to identify their own identity. As I say, the Government will be guided by the ONS’s recommendations about what should be the suggested ones in the form of tick boxes.
Bob Blackman (Harrow East) (Con)
I note the Minister’s response about the online versions, but people filling in the paper version, particularly religious minorities, will not be prompted what to fill in—for example, the Jain community. Will he do everything he can to make sure that those from religious communities can fill in their religion?
Kevin Foster
I recognise the demands that have been made about a Jain religion tick box, but it is worth noting that the religion question is a voluntary one. Again, there is an opportunity to put in on the paper form what religious identity people have. Most people use that seriously, but as many of us will know, some people decided to declare they were Jedis.
Mrs Maria Miller (Basingstoke) (Con)
Parliamentary Constituencies (Amendment) Bill (Thirty First sitting)
Kevin Foster ExcerptsWednesday 5th June 2019
(4 years, 11 months ago)
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Oral Answers to Questions
Kevin Foster Excerpts(4 years, 11 months ago)
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Alex Cunningham (Stockton North) (Lab)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government recently announced measures to strengthen and protect our democratic processes, including a consultation on electoral integrity. Before we launch the consultation, we will hold discussions with interested groups and explore the scope for cross-party co-operation. It will be published in due course.
Ruth Cadbury
Earlier this year, my constituents were bombarded with Facebook adverts telling them that I was stealing Brexit and ignoring their votes. It has been reported that behind those adverts was hundreds of thousands of pounds of dark money. Does the Minister agree that it is vital that voters know who is funding political adverts on social media?
Kevin Foster
Part of our announcement was that we will bring in a requirement for digital imprints where candidates or campaigners are involved, and some social media platforms have already implemented that. We are also looking, as part of a wider consultation, at how to have modern and up-to-date electoral rules, but it is about ensuring that we do it well rather than quickly.
Alex Cunningham
The problem is much more widespread. The Guardian reported that American donors have given $5.6 million to US funding bodies, which passed it to, among others, the Institute of Economic Affairs, the Adam Smith Institute and Policy Exchange. Will the consultation look specifically at how think-tanks are funded and by whom, or is the Minister worried that that is a little bit too close to home?
Kevin Foster
We are clear that the consultation needs to look at a wide range of issues, including the potential for shell companies or organisations to be used to funnel money into media campaigns. As I said in my initial answer, we are keen to get this right and to secure cross-party co-operation, so that we can have a robust system in law, because we know that any loopholes left in a rushed piece of legislation would be exploited.
Mr Ranil Jayawardena (North East Hampshire) (Con)
Does my hon. Friend agree that part of having integrity in the system is ensuring that it is easy for people to understand? Electoral systems are critical to that, so will he bring forward plans to introduce first past the post in all English elections?
Kevin Foster
I thank my hon. Friend for his question. He is a great advocate of the first-past-the-post system, which has served this country well for many generations, producing stable government. Any changes to introduce first past the post in other elections would have to compete for legislative time with other priorities.
Christian Matheson (City of Chester) (Lab)
Since we publicly raised concerns just over a year ago, the Conservative party has accepted more than £1 million from donors with links to Russia, including the wife of Vladimir Putin’s former deputy Finance Minister, who has donated £112,500 to the Conservative party in the past three months alone, making a total of up to £626,000. Will the review that the Minister is undertaking look at links between the Conservative party and the biggest kleptocrat of all, President Putin?
Kevin Foster
The person referred to is actually a British citizen, but I am not going to take lectures on the influence of Russia in British politics from the Opposition, whose leader wanted us to hand over evidence to Russia after the Salisbury attack—rather than believing our intelligence service, he would rather believe Mr Putin’s.
Rachael Maskell (York Central) (Lab/Co-op)
Bambos Charalambous (Enfield, Southgate) (Lab)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Cabinet Office does not collect or hold information on the number of eligible electors who do not register to vote in any election. The process for EU nationals to register and declare their intention to vote in the UK for these elections was similar to the system used in previous European parliamentary elections.
Rachael Maskell
Many of my constituents were denied a vote in the EU elections. Following yesterday’s urgent question, it is clear that the Government failed to implement the recommendations of the 2014 Electoral Commission review, failed to follow EU law, failed to try to extend the deadline for submitting the UC1 form and failed to uphold the human rights of EU residents in the UK. Was that simply Government incompetence, or did they deliberately deny EU citizens the right to vote?
Kevin Foster
I am very clear that the Government followed our legal obligations, and on 5 April the Electoral Commission published guidance for electoral registration officers, reminding them to prepare and issue UC1 forms to EU citizens on the register. Again, I reject this; and, again, the system was similar to what we have had in previous European Union elections.
Vicky Foxcroft
On 23 May, my constituents Joanna Pardoe, Lues Huesca Molina, Paloma Luna, Peter Tait, Pierro Izzolino, Cristiana Bottigella, Sophie Beswick, Yaiza Rivero and dozens more were denied a vote in the EU elections. Yesterday, the Minister failed to apologise to them and the hundreds of other EU citizens who were unable to exercise their democratic right because of the impossible timetable set for Lewisham electoral services by this Government. Will he apologise today?
Kevin Foster
I am afraid the timetable is exactly the same legal timetable there has been for previous European parliamentary elections and, ultimately, ensuring compliance with it is the job of the local ERO.
Bambos Charalambous
Two campaign groups, the3million and British in Europe, have raised more than £40 million to fund a legal challenge to the parliamentary election process. What assessment have the Government made of whether they took the necessary steps at the European elections to uphold article 3 of protocol 1 of the European convention on human rights, which protects our right to vote?
Kevin Foster
As said previously, the Government complied with all legal obligations and followed an almost identical process to what happened for previous European parliamentary elections. The requirement to make this declaration is part of European law, and we have to share such declarations before polling day. Again, while people may not like the outcome of those elections, I suggest they are better engaging with what voters said than trying to argue the process.
Mike Wood (Dudley South) (Con)
Will the Minister confirm that the UC1 form is not some arbitrary requirement, as has been suggested, but a core requirement of European law that is required of all European member states and has not been changed since previous elections?
Kevin Foster
I thank my hon. Friend for his question. He is right to say that this is a requirement that applied in 2009 and 2014, and there is a requirement under European law for us to have a declaration supplied to other member states about their citizens voting in this country to prevent double voting. It is interesting that those who are usually great fans of following European law did not want to follow this particular piece of it.
Tommy Sheppard (Edinburgh East) (SNP)
Yesterday, the Minister told me that he had received official advice that it would not be possible to bring forward a statutory instrument in advance of the European elections to allow more time for EU citizens to declare their intention on where they wished to vote and that that would not be possible because it would contravene European law. How can that be the case given that other European countries do it differently and that EU law sets no time requirements for registration, and will he publish the advice that he received?
Kevin Foster
EU law makes it clear that we have to supply details of the declarations sufficiently before polling day, which rather conflicts with the Scottish National party idea, suggested a couple of weeks ago, that we could fill in declarations at the polling station. Quite clearly, something cannot be done before polling day if the information is collected on polling day. We were clear that, with the timescales, we followed the legal process that was there from previous European parliamentary elections and complied with all our legal obligations.
Cat Smith (Lancaster and Fleetwood) (Lab)
On this matter, the Minister appears to be taking his cue from Shaggy, protesting, “It Wasn’t Me”. Six times yesterday, he refused to apologise to these EU citizens who have been disenfranchised. Can I suggest that he change the record and perhaps take his cue from Timbaland, and “Apologize”—apologise to those European citizens who have every right to vote in these elections, but were turned away on polling day?
Kevin Foster
It does seem like a bit of a broken record from the Labour party, and not an acceptance that this is exactly the same process EU citizens had to follow to vote in European parliamentary elections while the Labour party were in government. The best assessment will be the one done by the Electoral Commission, which will do so independently, following a statutory duty to review major polling events.
Steve Double (St Austell and Newquay) (Con)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government are committed to meeting the requirement of the framework convention for the protection of national minorities in respect of Cornish populations. We work with Cornwall Council to encourage the promotion of Cornish culture, and we have committed £100,000 over two years to the council to support this.
Steve Double
I thank the Minister for his answer. In 2014, when the decision was made by the Council of Europe, the Government welcomed the decision and said that this would give the Cornish the same recognition as the other Celtic parts of the UK. Does the Minister share my view that, to keep this commitment, the Cornish should be allowed to identify in the forthcoming census as Cornish by way of a tick-box, just as the Scots, Welsh and Northern Irish will be able to do?
Kevin Foster
I always welcome the determination shown by my hon. Friend to be a strong Cornish voice for Cornwall in the Chamber and to put the county first on the agenda. The Government will be guided by the recommendation of the Office for National Statistics to the Government and Parliament about the demand for particular questions when we lay the census orders before Parliament later this year.
Scott Mann (North Cornwall) (Con)
One of the best ways in which the Department could recognise Cornish minority status is to drop the ludicrous suggestion of having a Cornwall-Devon boundary review. Will the Minister commit to giving the Cornish the same rights as the Welsh and the Scots?
Kevin Foster
The boundary review is independent, and in due course we will bring the orders before the House so that it can make a decision.
Alison Thewliss
Thank you, Mr Speaker, for your indulgence. Protection of the Cornish language is important, but there is no right, as there is for the Welsh, to write to the UK Government in Cornish, or to write to the UK Government in Gaelic and receive a response in that language. Would the Minister consider a UK language protection Bill that would protect Cornish and Scots Gaelic in the same way that Welsh is protected?
Kevin Foster
We can see that Celtic roots are strong, both in Cornwall and in Scotland, and that there is a link between them. We are always keen to help to promote the culture of these isles, and the different languages that are spoken across them are part of our vibrant United Kingdom. The Cabinet is always open to suggestions about how we can better do that, as the Department is keen to promote our Union.
Alex Norris (Nottingham North) (Lab/Co-op)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government are delivering a programme of work to strengthen the integrity of our electoral system and ensure that elections are secure and fit for the 21st century. Validated figures will be published as part of the evaluations undertaken both by the Cabinet Office and by the independent Electoral Commission of the 2019 pilots.
Alex Norris
According to interim figures for the pilot areas in May, 800 people were denied a vote because of ID requirements, yet last year there were only eight reported cases of personation fraud across the whole country. Is not the reality that this is not about protecting our electoral system—it is about voter suppression?
Kevin Foster
If it was so bad, why did the Labour party introduce a system of voter ID in Northern Ireland that has had no noticeable impact on voter turnout? To be clear, this is about securing the ballot, and we look forward to the Electoral Commission’s conclusions on the pilots.
Mr Cunningham
Does the Minister not agree that electoral fraud is rare in this country and could be tackled locally? If he thinks that that is how it should be tackled, will he help local government with resources?
Kevin Foster
It is always a pleasure to be asked a question by the hon. Gentleman. We are taking a range of measures to secure the protection of our electoral system, and I do not think that an ID check that originated in the 19th century and that was based on a small percentage of the community—and I must say, men—voting, where everyone was known, is still fit in the 21st century.
Tom Pursglove (Corby) (Con)
Most people would think that voter ID requirements are perfectly reasonable. On the pilots, what steps were taken comprehensively to ensure that people were aware of the requirements?
Kevin Foster
I thank my hon. Friend for his question. A range of work was done locally, supported by the Electoral Commission and the Cabinet Office with councils’ consent, to ensure that voters were aware of the requirements. The indications so far are that that has been successful, but of course we will look at the Electoral Commission’s independent review before making further decisions on the process.
Alex Chalk (Cheltenham) (Con)
Sir David Amess (Southend West) (Con)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government are committed to scrapping the arbitrary 15-year rule. We were disappointed that the Overseas Electors Bill from my hon. Friend the Member for Montgomeryshire (Glyn Davies) did not succeed, but we remain committed to implementing votes for life and are considering the next steps to deliver that.
Sir David Amess
Is my hon. Friend aware that not everyone is enthusiastic about these changes, starting with me? Even though it would affect two of my daughters, who live permanently in America, I cannot for the life of me understand the justification for these changes. Will he also comment on reciprocal arrangements for non-nationals voting here?
Kevin Foster
I thank my hon. Friend for his question, but I have to disagree with him. I am clear that we need to take the choice that is right for this country and our citizens who live abroad, many of whom have literally fought for this country and still retain very strong emotional connections to it and an interest in its affairs. That is why the Government’s view is that the 15-year limit is arbitrary and should be removed.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Lloyd Russell-Moyle
Yesterday, during the urgent question, the Government were asked how many names of EU citizens were transmitted from this country to other countries after the 7 May deadline. What is the Government’s response to the fact that, under the directive, article 9.4 says that EU citizens shall remain eligible to vote in perpetuity and not have to fill in additional forms?
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The process was exactly the same as for previous European parliamentary elections and I urge the hon. Gentleman to look at the independent review that the Electoral Commission will do following the poll.
Nigel Huddleston (Mid Worcestershire) (Con)
Kevin Foster
My hon. Friend’s examples show why an arbitrary 15-year limit is not correct. The Government are considering their options to bring this forward at the earliest opportunity.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Kevin Foster
Legislation allows returning officers to use schools as polling places to ensure sufficient provision of polling places. The hon. Gentleman will appreciate that there needs to be a balance, particularly because we need to find accessible buildings and in some cases schools will be the only ones, but there should be a discussion between returning officers and schools to ensure that the burden of this requirement is not too great.
Huw Merriman (Bexhill and Battle) (Con)
Kevin Foster
The vast majority of liberal democracies worldwide, including Canada, Australia and New Zealand, consider 18 the right age at which to enfranchise young people. Parliament has debated the question of lowering the voting age in a number of contexts and has repeatedly voted against doing so.
David Duguid (Banff and Buchan) (Con)
Parliamentary Buildings (Restoration and Renewal) Bill (Second sitting)
Kevin Foster ExcerptsTuesday 4th June 2019
(4 years, 11 months ago)
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Chris Bryant (Rhondda) (Lab)
It is a great delight to see you in the Chair, Mr Hanson.
I, too, support the idea of elections to the Sponsor Body. One of the most positive things that has happened since I became an MP in 2001 is the election of Select Committee Chairs. That means that Members from different political parties have to reach out across the whole House, and I think that that would be a positive measure in the present case.
I understand that there is some anxiety about how we would end up with the precise numbers from the different political parties. The fact that the Liberal Democrats have appointed from the Lords adds a further problem, but I still think that that should not detain us too long. It should be perfectly possible to have an election.
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
It is a pleasure to serve under your chairmanship this afternoon, Mr Hanson. I shall keep my remarks fairly brief.
I agree with the hon. Member for Rhondda that the election of Select Committee Chairmen has made a difference. The slight difference in the case of the Sponsor Body is that there will be members from both Houses. Elections to appointments do not take place in the other place, so under the amendments House of Commons members would be elected, or a procedure would be introduced into the other place that it did not have before.
I recognise the need for members from across the United Kingdom, and representing the parties, on the future Sponsor Body. With appointments made so far to the shadow board through the usual channels, it has of course been for each political party to decide how to come to a nomination. Some parties, including mine, use the votes of Back Benchers to decide how to fill vacant slots on Select Committees, but those are submitted to the House for approval, as of course appointments to the Sponsor Body will be.
I would not support the amendments at this stage, given the fact that they could create a difference between how Lords and Commons members were appointed. They would give the impression of the body being more like a joint Select Committee when it is not; it is a legal body constituted in its own right. It is ultimately up to Parliament to decide how it establishes and appoints to this organisation, which should essentially be about making sure that Members who offer the most to the Committee are appointed, rather than those who might be the most popular among Members.
On party allocations, I recognise what has been put in the amendment around making sure that smaller parties are represented. Of course, if these positions were elected across the whole House, the larger parties would clearly benefit, given their weight of numbers.
Tom Brake (Carshalton and Wallington) (LD)
I point out to the Minister that a larger party today may be a smaller party tomorrow.
Kevin Foster
I take the view that, whatever the political situation, the constitution should be able to cope with it, respond and adapt.
Kevin Foster
Indeed. That is very unkind from the right hon. Gentleman, to be fair. I did not necessarily wish to point out that the party that for many years was the first party here no longer holds that position due to significant seat losses in the 2015 general election. However, we think there is a lot to be said for appointing the right people, rather than electing the most popular. I will give way to someone who has many years of experience.
Sir Patrick McLoughlin (Derbyshire Dales) (Con)
I am very grateful to my hon. Friend. Before he takes any lectures from Liberal Democrat Members about how this system works, it is worth reminding them that on no occasion have any of their Select Committee Chairmen, so far as I can remember, been elected by the whole House. They do deals within their party to only put one candidate forward on the Committees where they have the chairmanship, so the House has therefore not had the opportunity, for those particular Committees, to have the vote that the hon. Member for Rhondda talked about. That is a bit of failure in their system.
Kevin Foster
I thank my right hon. Friend for sharing his encyclopaedic knowledge of how this place works. Although I understand the thrust of the amendments, they would create the unusual position of electing Members in one House and appointing them in another. On ensuring party balance, as I say, the Liberal Democrats have chosen to appoint a peer, rather than a Member of the House of Commons. It is for them to choose the person they feel most appropriate to represent their party; it is not necessarily for the Government or for other Members to do that.
This is not about electing people to a post where they would necessarily function for the whole House. For example, the hon. Member for Hackney South and Shoreditch acts for the whole House as the Chair of the Public Accounts Committee—she is very distinguished in that role—and, as the only one, she therefore has to work for all Members. I agree that that has been a worthwhile and useful innovation in our constitution. It has helped to solidify the independence of Select Committee Chairs and has probably led to people being elected who would not necessarily have got through the usual channels under the old system.
However, I think it is appropriate that we reflect in the House on the fact that such elections would be an innovation and would set a precedent for the House of Lords; they have not had them for these positions before. I suggest that to introduce the amendments would not necessarily be helpful to the spirit of how the Bill has moved forward. I point to the three Members in the room who have been strong members of the shadow Sponsor Body, which shows that we can appoint the right people to this group once it is founded in law.
Christian Matheson (City of Chester) (Lab)
It is a great pleasure to see you in the Chair tonight, Mr Hanson. I apologise for not seeking with sufficient vigour to catch your eye earlier and I am grateful for the opportunity to speak now.
I will first speak briefly to the amendment tabled by my hon. Friend the Member for Hackney South and Shoreditch, which would bring elections in for the House of Lords. To challenge one aspect of the Minister’s statement—that that is something the Lords is not used to—their lordships are used to the bizarre elections of hereditary peers. I am afraid that, when they happen, they are often a source of bemusement when we see three candidates competing for one post, all from a hereditary position.
With your permission, Mr Hanson, I shall speak briefly to the two amendments in my name. Amendment 4 is about achieving an equal number of representatives from each House, and amendment 7 is about a Treasury Minister playing a role on the Sponsor Body. As the Opposition have said, we fully support the creation of the Sponsor Body. A programme of such immense size and complexity requires clear governance and an effective system of administration. The Sponsor Body must be accountable and representative, including representatives from both Houses, Government and, potentially, experts with a heritage or construction background.
Under the current plans, there is an extra peer on the Sponsor Body, leaving unequal numbers of peers and MPs. We would like to see that rectified. I fully respect the right of the Liberal Democrats to choose who they think is fit, although I have to say that the right hon. Member for Carshalton and Wallington answers with aplomb on behalf of the House of Commons Commission. He has demonstrated his ability to serve on committees such as this, and whoever is chosen, they will have a high bar to hit in order to match his contributions.
To rectify the imbalance—we want equal membership from both sides—we support the Joint Committee’s recommendation that a Treasury Minister sit as an ad hoc member of the Sponsor Body, attending when necessary. That brings me to amendment 7. That Committee stated that
“a Treasury Minister should be an additional member of the Sponsor Body.”
It said that that would
“underpin the hierarchy of decision making and…provide clarity to those delivering the project”.
The Government rejected that recommendation, instead insisting that the Estimates Commission consult Her Majesty’s Treasury on the annual estimates for the funding of the R and R programme. The Estimates Commission is instructed to “have regard” to any subsequent advice given by the Treasury.
In my view, a Treasury Minister should be tied in throughout the process by membership of the Sponsor Body. Although we agree that the Treasury should be subordinate to Parliament in shaping restoration and renewal, we believe that the presence of a Treasury Minister within the Sponsor Body would allow for sufficient buy-in by the Government throughout this lengthy process. It would also provide someone from the Government side to drive forward the process. Hon. Members have referred to the role that Tessa Jowell played as a Minister during the London Olympics project. She, too, performed her role with excellence.
The Government would be directly consulted and responsible at every step of the project. That would allow for ongoing and tough scrutiny of the costs of this huge project. Accountability and transparency can only be improved through the inclusion of a member of the Government. Given the magnitude of restoration and renewal, a Treasury member could be instrumental in responding to financial queries about the project and speaking on behalf of the Sponsor Body in Parliament. A culture of transparency and open communication will be critical to the success of the project.
Kevin Foster
I am grateful for the chance to respond to these two amendments. The first deals with the balance between the two Houses. It could be possible to have an additional member, if Parliament wished to do that, and they could be from the House of Commons, if it wished the usual channels to appoint them, but again, this comes down to the point that we have given an opportunity for a party to choose who it believes is the best person from its parliamentary members; we are clear that it could not be an individual who is not a Member of either the House of Commons or the House of Lords. And the party in question has opted to pick someone from the House of Lords, which gives a balance of four to three. I do not think that that is necessarily a negative, given that that party clearly has representation in the House of Commons. We have seen one of its very able Members making a number of very useful and constructive contributions here. I do not think that the point should necessarily be specified in statute, given that parliamentary members have to be approved by a resolution of both Houses. If Members of the House of Commons were concerned—for the sake of argument—that a party had decided to appoint more members from the House of Lords, it would be open to Members of the House of Commons to block that, and similarly, if there were an attempt to remove membership from the House of Lords, it could move to ensure that a fair balance was maintained.
That is why I suggest that the amendment would not be appropriate. This is about allowing the body to have the parliamentary members who can contribute the most but who are answerable to Parliament and have to be appointed by Parliament as well. Democratic oversight ultimately is there in the fact that we, as the House of Commons, could decline appointments if we felt that they were not appropriate or the balance was being got wrong.
Neil Gray (Airdrie and Shotts) (SNP)
I thank the Minister for giving way. I remember that, when we published the Joint Committee report, there was some concern about the ambiguity of the Government’s position regarding restoration and renewal. It seems now that, with the former Leader of the House driving the project forward, the Government’s position has been more supportive. However, can the Minister understand the criticism being levelled at the Government? Not accepting a Treasury Minister on the Sponsor Body might well be seen as the Government once again trying to distance themselves and not being foursquare in support of the project?
Kevin Foster
It is safe to say that the Government fully support the project and will facilitate the will of the House to take it forward, hence the introduction of the Bill and the role played by the Leader of the House.
If we look at the structure of the Public Accounts Committee, technically a Treasury Minister is a member and gives a speech once a year which is a 10-minute statement of support for the audit process. If that Minister took part in the actual inquiries and the debates of the Public Accounts Committee, I do not think that would enhance its work, and I speak as a former member of that Committee. It could inevitably inject a party political element to its work. The Public Accounts Committee is very strong because it is seen as a resolutely cross-party body.
I do not think the Government’s position shows a lack of commitment. It shows our desire to have the Sponsor Body, the client, working towards instructions Parliament has given it. The Treasury will play a role in engaging, defending the taxpayers’ interests and providing comments, so that it can give a view when the House decides on the estimates process. It would be rather strange to say that Members would think it better for a Treasury Minister to be part of the body that they were commenting on, rather than being enabled on behalf of the Treasury to comment on the Sponsor Body’s work. Again, Members from the governing party will be on the body, and we can see the commitments we have made. The Government see clearly that there is a need to take forward restoration and renewal, and I think that Opposition Front Benchers take exactly the same view. Carrying on patching this place up is not an alternative, because each year the bills are getting bigger and bigger and the taxpayer is having to pay more and more to achieve a worse outcome. No Government would wish to endorse or support that.
I understand the reason for amendment 4, but the Government feel that it would be better were the Treasury to engage with the Sponsor Body through the clear relationship and link set out in the Bill. Treasury Ministers will be open to questions in the House about the Government’s work and commitment throughout the life of the project, rather than having to give a caveat, along the lines of, “Today I am answering as an HM Treasury Minister, but tomorrow I will be answering as a Sponsor Body member.” That would not sound or look right to me; it would create a conflicted role, or a position in which the Treasury Minister was almost an honorary member of the Sponsor Body, rather than taking part in its work in detail.
The Government’s strong preference is for the amendment not to be made. That does not in any way diminish the commitment and the strong links that the Treasury and Parliament will need to have with the Sponsor Body as it takes the project forward.
Meg Hillier
I will not press my amendment to a vote on this occasion. I hear what the Minister says; the Sponsor Body is an unusual body. In the time that I have had available, we have not yet settled how we will deal with election, but I think I have laid a marker. As my hon. Friend the Member for Rhondda says, we believe in elections; I get the impression that Conservative Members do, too. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Christian Matheson
I am grateful to the hon. Gentleman and I congratulate the right hon. Member for Derbyshire Dales on finding such consensus. I hope the Minister will add to it.
Kevin Foster
When the Bill was drafted, automatic transfer was considered, but there were concerns about whether it could be implemented in practice. There were also thoughts about the possibility of permanent appointments and the clear need to have a performance review in other areas. Having listened to the representations and comments made, I suggest that, rather than accept the amendment today, we should work on an acceptable form of wording for a motion that we will be happy to support on Report. We take on board the principle, but we must ensure that we do not set up a system in which the appointments of all the external members come up for renewal on one day. We must ensure an appropriate transfer.
We have listened to the representations from my right hon. Friend the Member for Derbyshire Dales, the right hon. Member for Alyn and Deeside, and the hon. Member for Airdrie and Shotts who are on the current shadow board. Having had a recruitment process last year, it would be strange to look for reappointments this year, especially because of the potential impact on continuity. As I have said, the House will take significant decisions, potentially in 2021, about moving the project forward. We must consider whether it would be sensible to do that with a clean slate of external members, or to put people through a reapplication process when they are just bedding in and starting to get into the complex detail of the role. I hope it will be acceptable to the Committee if we take away the principle behind the amendment, which I am happy to support, and work it into a motion that we can support on Report.
Sir Patrick McLoughlin
I am prepared to accept the Minister’s assurances, and will not seek to push the amendment to a vote. There is a practical way forward, and I look forward to hearing the Minister’s suggestions for the parliamentary draftsmen. As someone who has sat in his seat on other occasions knowing that the drafting is inappropriate, I now look forward to receiving the new drafting and getting an amendment ready for Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 1 agreed to.
Clause 3 ordered to stand part of the Bill.
Schedule 2
The Delivery Authority
Meg Hillier
I am very happy to explain. The Comptroller and Auditor General is an officer of the House and accountable to Parliament. His role—it is currently a he—is to make independent decisions about value for money. He also undertakes, as he is doing right now, audits of over 700 public bodies that fall within the purview of the National Audit Office.
In constitutional terms, the Public Accounts Committee has been in existence for more than 150 years and has the first right of refusal if the Comptroller and Auditor General produces a value-for-money audit report or carries out an investigation. Other Members and other Committees of this House can ask the National Audit Office and the Comptroller and Auditor General to do some work on an issue, and it is entirely a matter for his discretion whether he chooses to do so. whether the request is from the Public Accounts Committee or from any other Committee or individual Member of this House. There have been occasions when individual Members of the House have asked the National Audit Office to look at something and it has done work that has led to some interesting outcomes. The Comptroller and Auditor General is very much a servant of the House.
The Public Accounts Committee, as the Minister highlighted, is a cross-party Committee, reflecting the balance of Parliament at the time and always chaired by a Member of the Opposition. Our job is to examine, through the audit process, what has happened. It is not to direct policy; we strictly do not discuss or make a judgment on whether a Government policy is the right thing. We are looking at the execution, efficiency, effectiveness and economy of that policy.
It could be that there is a policy that I, as an Opposition Member, vehemently oppose, but as Chair of the PAC I am looking not at the policy, but at the effectiveness of it. It has been the case for more than 150 years that members of the Committee take a clear and balanced view based on the facts presented by the National Audit Office. One of the benefits of having the National Audit Office involved is that the figures it produces in a report must be agreed with the body on which they have done a value-for-money study, so once that report is taken by the Committee, the Committee is sure that the numbers are correct and accurate and there is no argument about the figures. Those figures then become a matter of record for the House.
Of course, that does not preclude any other Select Committee investigating; we could, for example, have the Digital, Culture, Media and Sport Committee looking at some of the craft skills, or the Business, Energy and Industrial Strategy Committee looking at some of the industrial impacts of the work. Constitutionally, any Committee is free to do its own work, but that is how things stand for the Public Accounts Committee. There is absolutely no conflict there.
It is important—I hope the Minister agrees—that even if this is not perfect yet, we seek advice from the National Audit Office and others about how we can ensure we get the most effective scrutiny of this multibillion-pound taxpayer-funded project, so that after the Committee stage and once the Bill is passed, we can reassure our constituents that we have written into the Bill the strongest possible audit of the value for money of this project.
Kevin Foster
I welcome the spirit of the speech and the hon. Lady’s approach. From my perspective, we believe the Comptroller and Auditor General has a range of powers over this, and it is worth noting that the role he would play is specifically referred to in schedule 2 at the bottom of page 21, where, again, it says that the Comptroller and Auditor General “must” send a copy of the statement of accounts—it does not say “may”.
At this stage, including the amendment is not necessarily the approach I would suggest we adopt in this Committee, but certainly, once the Sponsor Body is up and running and has agreed on engagement with Parliament, it is almost unimaginable that, as a project having a large amount of public funds spent on it, it would not look for strong engagement from the Comptroller and Auditor General, and look, bluntly, to how its own existence came about. A strong Public Accounts Committee report was exactly what persuaded the House to support the decant option, against the arguments of several hon. Members who were not too fond of that option, but who understood the logic. Certainly what persuaded me to vote in a free vote for the full decant option was reading the Public Accounts Committee’s conclusions, which were based on the NAO’s work on which option would represent the best value for money. Making the amendment to the schedule at this stage might not be the most appropriate thing, but I am more than happy for us to take it away and reflect on the structure.
When it comes to agreeing the relationship between the Sponsor Body and Parliament, it is almost inevitable that we will need to consider closely the relationship with the Comptroller and Auditor General, especially in terms of when the estimates come forward. It would be hard to imagine that many Members of the House would not look to the quality of the assessment done by the Comptroller and Auditor General and then the conclusions the Public Accounts Committee has drawn in relation to his or her work.
Kevin Foster
Certainly. I will briefly finish referring to the issues around the Comptroller and Auditor General, and then, with the Chair’s permission, I will perhaps make some brief references to amendment 1 in the context of procurement practices and spreading things out.
The Chair
I should tell the Minister that amendment 1 was not selected. If he wishes to comment, he may want to reflect on the issue without mentioning the words “amendment 1”.
Kevin Foster
As always, I will be guided by the sage advice on procedure that you provide, Mr Hanson.
There is a view that making an amendment that gives additional powers and functions to the Comptroller and Auditor General would be unusual. It would not normally be considered an appropriate change, but I hope the hon. Member for Hackney South and Shoreditch will take from my comments the value that is definitely placed on the role of the Comptroller and Auditor General, the NAO and the Public Accounts Committee.
Mr Prisk
To be clear, from what I have heard from the hon. Member for Hackney South and Shoreditch who chairs the Public Accounts Committee, there is the option, where the Sponsor Body has concerns about a particular aspect, for it to approach the Comptroller and Auditor General and commission certain works—whether he takes them on or not—and the Comptroller and Auditor General would then report directly to the Sponsor Body or through the PAC to the Sponsor Body. We need to be clear about who is talking to whom and who is commissioning what from whom.
Kevin Foster
To be clear, at the bottom of page 21, at line 40, the measure states:
“The Comptroller and Auditor General must…examine, certify and report on the statement of accounts”—
supplied to him by the Delivery Authority—
“and…send a copy of the certified statement…to the Sponsor Body as soon as practicable.”
It is almost unimaginable that that work would not then be subject to questioning in Parliament and via the usual processes that the Public Accounts Committee can use to oversee the work of the NAO.
Meg Hillier
Any parliamentarian can ask the National Audit Office to do a value-for-money study on anything. It is unusual for Departments to ask for work to be done, but it would be normal that the Comptroller and Auditor General made his own decisions. It might be that the Public Accounts Committee requested that. My vision is that we would have regular value-for-money studies on every aspect along the way. A responsible Sponsor Body, which I believe we have—members of it are represented here—would welcome that scrutiny.
Kevin Foster
I thank the hon. Lady for her comments and laying that out. As she rightly says, it would not be for the Government to direct the work of the Public Accounts Committee; that is for the Committee itself. Turning to page 22, it is worth noting that the measure states:
“The Sponsor Body must, in respect of each financial year, lay before Parliament a copy of the certified statement and report sent under sub-paragraph (7)(b).”
It would not only be internal to the Sponsor Body; it would be laid before Parliament as well.
Briefly, in terms of looking at how we achieve value for money, many people across the United Kingdom would be keen to see all the UK involved—I know you, Mr Hanson, will want north Wales to play a firm role. However, people will obviously think, “Is this just about spending money in London?” I am conscious that some people have suggested there should be a mechanism to divide the work across the country, but that would slightly miss the point of the project. When the Scottish Parliament and the Welsh Assembly were built, there was not a divvy-up of money across the different parts of the United Kingdom. It reflected the fact that that was a unique project.
The Chair
And the Comptroller and Auditor General having access rights to examine this issue in detail, as in the hon. Lady’s amendment.
Kevin Foster
I thank you for your comments, Mr Hanson. As I say, that is where we are regarding that area.
I fully appreciate the spirit of the amendment and what it is driving at. There will clearly need to be a very strong process of parliamentary scrutiny, including by the NAO and the Comptroller and Auditor General, but there must also be an ability for individual Members to question and hold to account the Sponsor Body on behalf of their constituents. However, at this stage, this would be an unusual amendment to accept, and therefore it is not considered to be the most appropriate course; that is certainly the advice that the Government have received.
Meg Hillier
On the basis of what the Minister has said, I will withdraw this amendment now, but with the right to return to it, perhaps in a simpler form, at a later stage.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 2 agreed to.
Clauses 4 to 8 ordered to stand part of the Bill.
Schedule 3
The Parliamentary Works Estimates Commission
Question proposed, That the schedule be the Third schedule to the Bill.
Chris Bryant
I will not delay the Committee long, Mr Hanson, I promise you, but I want to raise a couple of issues that are important to clarify.
As Members will know, schedule 3 lays out how the Parliamentary Works Estimates Commission will operate. It has only four members and its quorum is two, as long as one Member of the House of Commons and one Member of the House of Lords are present. It makes no provision for who the Chair of that Committee should be, but the Commission is able, if it so chooses, to reject entirely an estimate at any stage through to actual delivery of the project.
I want to know what happens if there are only two people there who have different views and there is no Chair. How will it be decided whether they have agreed or rejected an estimate? Also, does the Commission operate according to House of Commons rules or according to House of Lords rules, because those rules are different in respect of what happens on a tied vote? For that matter, they are also different as to whether the record is kept in Latin or in English.
These may sound like light-hearted comments, but they are important, because it may come to a point where the Sponsor Body is happy with an estimate, but only two members of the Commission turn up, with one of them against and one in favour of the estimate, and we have stalemate, with no means of deciding whether the estimate is to proceed.
I think that setting up a new Commission is unnecessary. What we have done with the Members Estimate Committee is that that is now the House of Commons Commission. It has the same membership; that is laid down in statute. I am ruminating on this subject, and I may table amendments to that effect on Report, but I just wonder whether it would be better for the body that makes this decision to be a Joint Committee of the Finance Committees of the House of Commons and the House of Lords. Then, there would at least be a broad range of views from both Houses and an established process, whereby there is a Chair and decisions are reached, even when there is an equality of voices.
Kevin Foster
I have listened, with interest, to the hon. Gentleman’s points. I will certainly be happy to hear more on this point and perhaps I will reflect on the issue, and have some conversations about it, before we get to Report, to see whether there is an appropriate way that we can consider the matter. As always, that is subject to my usual caveat, which is that we want to make sure that this is a practical Bill that provides a framework for the Delivery Authority and the Sponsor Body to get on with delivering the work, which I know the hon. Gentleman is also passionate about achieving.
Question put and agreed to.
Schedule 3 accordingly agreed to.
Clause 9 ordered to stand part of the Bill.
Schedule 4 agreed to.
Clauses 10 to 15 ordered to stand part of the Bill.
Tom Brake
I agree entirely. Indeed, in many places in the building some Members are not audible to others. There is a whole range of issues. Some rooms are used for large public events, where people at the back of the room are very unlikely to hear what the person at the front is saying. At the heart of this project, all these issues have to be addressed, which provides Parliament with an opportunity to design a building that is an exemplar in all those respects. I am sure that the Minister will seek to ensure that is the case.
Kevin Foster
I could not have put it better myself. We heard passionate speeches about ensuring that this is a Parliament for all; not only for Members with particular needs, but for those who want to come and be part of the democratic debate that happens here. We can be candid that the vast majority of our facilities are from another era, with regard to disability issues, and not just visible disabilities. The example was given of someone with a wheelchair trying to come through the doors of Portcullis House, or of a child with autism.
One of the most pleasurable experiences I have had here in the past few months—we have all had some perhaps not so pleasant experiences in this place over the past few months—was bringing a group from Combe Pafford School in my constituency, all of whom have autism, and thinking about how we could appropriately have a question and answer session and how we could see around the building. I must mention the look on one staff member’s face as we went on to the Terrace and I had to give the briefing that climbing on the wall was probably not the thing to do, given that on the other side is a straight trip to the Thames. However, the joy on those kids’ faces as they saw where I could hang my sword, where the Chamber is, where decisions are taken and when they got literally to stand where the Prime Minister stand when answering Prime Minister’s questions was an absolute joy to behold. Hopefully we will see more of that in the new building, as well as more accessibility.
I have been very clear that, although this might be a Royal Palace, there will not be Crown immunity from the standard rules on ensuring disabled access; there will be a requirement to consider the legal need to make reasonable adjustments. There will of course be challenges in a grade I listed building, where virtually every corner has history where something significant happened. We will have to balance that against what costs may be attached but also, like anywhere else, what reasonably should happen. We should aim not just to meet legal minimums, but to create an exemplar for accessibility, as was touched on.
Neil Gray
I am heartened to some extent by what the Minister is saying about his expectations for the accessibility of Parliament, but I am concerned, following discussions at various levels, that there will need to be compromises between heritage and accessibility. Surely if our Parliament is not accessible by all, it will struggle to be representative. How far does the Minister expect that the project needs to go to ensure that it complies and can be a fully representative Parliament building?
Kevin Foster
The details will come from the Sponsor Body, but I would expect, when public business is being transacted, that someone with a disability should reasonably be able to observe proceedings, hear them and be part of them. They should be able to get to the room concerned, and not by being taken up in a service elevator, which—let us be blunt— is one of the pretty basic arrangements we have had to make to allow some access into the current building.
However, as with other heritage projects, that must be balanced with the fact that, for example, those steps in the Great Hall of Westminster are where Charles I was sentenced to death—they are historic in their own right. There are parts of this building that would be incredibly difficult to alter, but we will not put ourselves on a special pedestal. We will have to make reasonable adjustments, based on the law that exists. I think that getting the maximum level of accessibility possible, while working within the inherent constraints of a grade I listed building, some of which dates back to the middle ages, is something that all hon. Members are passionate about.
I would not describe it as compromising; it is about ensuring that we can balance the needs in this building, so that heritage does not always trump disability and disability works within heritage. As the hon. Member for City of Chester will know, there are some amazing heritage buildings that have found some amazing solutions to provide access to heritage that was not possible before, without compromising its protection. Again, I think we all hope that this project will be the exemplar.
In paragraph 26 of schedule 1, the Sponsor Body is required to produce a report, and I would expect the report to cover matters such as how it is taking forward questions of disability as part of meeting its legal and moral duties. In terms of getting the expertise that hon. Members particularly wished to refer to, the Sponsor Body can establish committees and sub-committees in undertaking its work. Once the Bill has become an Act and the Sponsor Body has been established, it would be a sensible decision for it to look at establishing a committee on disability. Finally, if the Sponsor Body chooses, it can also look to enhance that work with those with outside interests. Although I fully appreciate and support the sentiments that the hon. Member for City of Chester has expressed, I do not think that introducing the new clause would not be appropriate, given what is already in the Bill.
Christian Matheson
I am grateful to the Minister for that response. It is not my intention at this stage to put the matter to a vote. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Christian Matheson
On a point of order, Mr Hanson. The Committee’s proceedings have gone very well today. I am most grateful to all hon. Members, and particularly to the Minister for the way he has handled this. We have continued largely in a vein of bipartisanship and a desire to get this through. I particularly thank the hon. Members on the Opposition side of the Chamber tonight; I have come to this fairly recently, but it is clear that they have built up a real expertise over a couple of years of this long process, and I know that will be put to good use as the process continues. I thank you, Mr Hanson, the Minister and other hon. Members for helping us to proceed so smoothly.
Kevin Foster
Further to that point of order, Mr Hanson. I echo the thanks of the shadow Minister to all who have served on the Committee this afternoon. It has certainly been an interesting experience for my first Public Bill Committee as a Minister, particularly given the passion and interest—
Kevin Foster
In many ways, I hope they are, because it is quite right that Ministers face challenging questions from hon. Members who are passionately interested in the subject being debated. We may not necessarily all agree on every point, but certainly in this instance we are all very much agreed on the purpose, the direction and the overall desire, through this Bill, for this to be a project that really takes a Parliament that looks to represent all to being a building that is suitable for all, and that is fit and, crucially, safe for the 21st century and the centuries of history that will be created in this building long after today, as our forefathers and mothers have done.
For me, it has been a pleasure to serve on this Committee; I thank you, Mr Hanson, for your chairmanship this afternoon, and Sir Gary for his chairmanship earlier. It has certainly been an experience, and I look forward to when we next debate some of these issues on the Floor of the House, on Report.
The Chair
I am grateful to right hon. and hon. Members, and I shall pass on their thanks to Sir Gary Streeter for his chairmanship.
Bill to be reported, without amendment.
Parliamentary Buildings (Restoration and Renewal) Bill (First sitting)
Kevin Foster ExcerptsTuesday 4th June 2019
(4 years, 11 months ago)
Public Bill CommitteesRead Full debate Parliamentary Buildings (Restoration and Renewal) Act 2019 View all Parliamentary Buildings (Restoration and Renewal) Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 June 2019 - (4 Jun 2019)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
We will now begin line-by-line consideration of the Bill. The selection list for today’s sitting, which is available in the room, shows how the selected amendments have been grouped for debate. Amendments grouped together are generally on the same or similar issues. Decisions on amendments take place not in the order they are debated but in the order they appear on the amendment paper. The selection list shows the order of debates. Decisions on amendments are taken when we come to the part of the Bill the amendment affects. New clauses are decided at the end. In this instance, that means new clause 1 will be debated early on in proceedings with the existing clauses to which it is connected, but a decision on it will not be taken until later.
Clause 1
“The Parliamentary building works”
Question proposed, That the clause stand part of the Bill.
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
It is a pleasure to serve under your chairmanship, Sir Gary. You and I go back some way in our political journeys, having first met back in 1992, when you were still Councillor Streeter. It is safe to say that we also have to look back over a long period of time—decades—as we start to look at the Bill and the maintenance and repair works that need to be done.
Clause 1 defines what the Bill is about: looking to tackle the numerous problems with the Palace of Westminster, including falling masonry, fire risks, water leaks, sewage leaks and toilet closures. We all agree—the Bill’s Second Reading was approved unanimously, without a Division—that the restoration and renewal of this Palace is an urgent and pressing requirement that needs to be progressed. Following the passage of motions on R and R by both Houses in early 2018, the former Leader of the House made swift progress, publishing a draft Bill in October 2018 for pre-legislative scrutiny. The Joint Committee on the draft Bill published its report in March 2019, and we took on board many of its recommendations before introducing this Bill on 8 May.
This is a short, sensible Bill, which will put in place the necessary governance arrangements with the capacity and capability to oversee and deliver the restoration and renewal of the Palace. The Bill will also put in place a number of financial safeguards to ensure that the R and R programme represents the best value for money for the taxpayer.
Clause 1 outlines the parliamentary building works to which the Bill relates. It sets out what works the Sponsor Body will be responsible for as part of the R and R programme. We know the Sponsor Body will be responsible for the works to restore the Palace, as well as certain works connected with the restoration of the Palace, such as the arrangements for decanting the House of Lords. However, the clause also allows for the scope of the works the Sponsor Body is responsible for to be widened if the House Commissions decide, with the agreement of the Sponsor Body and Delivery Authority, that it should be. Crucially for many Members, the clause also requires this work to be undertaken with a view to Parliament returning to the Palace of Westminster
“as soon as is reasonably practicable”,
in line with the resolutions passed by both Houses.
For the reasons outlined, I recommend that the clause stand part of the Bill.
Christian Matheson (City of Chester) (Lab)
What a great pleasure it is to see you in the Chair today, Sir Gary. I do not wish to delay the Committee much longer, and certainly I do not have time to pay tribute to the fraternity of MPs from Devon, much as I would love to be a part of what is presumably a beautiful county.
Obviously, we very much support the terms of the Bill, and we have already made that clear on Second Reading. Clause 1 sets out the basis and the terms of reference for the Bill. We recognise the intrinsic value of this historic site, and there is no question that there is a long overdue need for restoration and renewal. Indeed, a constituent contacted me over the weekend who had been involved in surveying the building and some of the utilities attached to it 20 years ago. He told me that his report at the time, which obviously was not acted on, indicated that there was an urgent need even then to undertake works. Those works have not taken place and therefore we are where we are now.
The project will clearly cost money; we are talking, after all, about a UNESCO world heritage site, which in part has stood continuously since the middle ages. We cannot reasonably ignore this issue any longer. We support clause 1, and we do not seek to amend it. It lays out clearly the scope of the parliamentary building works, and we would hope to see that progress through to the next stage.
The Chair
Does the Minister wish to respond to that question? There is no obligation for him to do so; it is up to him.
Kevin Foster
Certainly our intention would be for the Sponsor Body to take responsibility for the full process of the works on the estate, and, again, the way that clause 1 is drafted allows that to be extended if necessary.
The overall push of the Bill is to create the legal mechanism for delivery of the project, and I will be clear that the alternative to not having clause 1 stand part of the Bill, and indeed to not having this Bill, would be that the House Commissions would try to deal with things separately, in a way that would neither deliver value for money nor provide clear accountability.
Chris Bryant (Rhondda) (Lab)
I think that what the Minister was probably moving towards suggesting is that there is no intention to hand the building over until such time as a full set of plans has been produced, the House has approved a budget and all the rest of it. In other words, that is some considerable way down the line. In the meantime, surely we have to do what patching and mending we still need to do to make sure that our staff are safe and that we can continue to do our work as effectively as possible.
Kevin Foster
I thank the hon. Gentleman for his timely intervention. He is absolutely right that passing the Bill does not hand over the Palace of Westminster immediately to the Sponsor Body. That will happen after a further stage of parliamentary approvals, when we will look to approve estimates and budget plans, and also make choices, bluntly, about what we want to spend and what we want to get from the Sponsor Body. That is when the Sponsor Body will take responsibility for the building, subject to the plans to bring us back to it in due course.
I will make one point, and I know the hon. Member for Rhondda will agree. He talks about our still having to spend money to patch and mend, and, yes, money is still being spent every day. I am very clear that doing nothing is not a choice. The choice is either to do something that might put this building into fit use for the future, or to continue to patch and mend, knowing that we are not mending the building and that it is getting worse every day.
In particular, the potential for a serious fire, or a disastrous fire at the level that we saw at Notre-Dame, cannot now be ruled out. Although the building is life safe—we can make sure that we can keep people safe—we cannot give any great guarantees about what would happen. If anyone takes a visit down to the basement, they only need to look at the many decades of wiring, pipes and other things passing over, plus some of the voids within this building, and the design of it from the Victorian era, to know that that would not be how we would build a fire-safe building today.
With that, I recommend that the clause stand part of the Bill.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
The Parliamentary Works Sponsor Body
Christian Matheson
I beg to move amendment 2, in clause 2, page 2, line 16, at end insert—
“(f) to require the Delivery Authority to ensure that contracts for construction work in connection with the Parliamentary building works must not be awarded to construction companies who have been found to have blacklisted construction workers from employment and who have subsequently failed to enter into a Trade Union Recognition Agreement with a registered UK trade union.”
We fully support the creation of a Sponsor Body as a single client body working on behalf of each House with overall responsibility for the programme. The body will make strategic decisions relating to the carrying out of the works and consult with Members of both Houses when performing their duties.
The Bill requires the Sponsor Body to form a company limited by guarantee, the Delivery Authority, to formulate proposals relating to the Palace restoration works and to carry out the parliamentary building works. With the inclusion of the Delivery Authority, these two independent authorities are able to operate effectively in the commercial sphere, bringing the expertise and capability needed for a project of this scale. This two-tier approach was used successfully to deliver the London Olympics.
Gareth Snell
My hon. Friend makes a fair point. If we want something in the wall that will let in light, and that will let in cool air when it is hot and keep out cool air when it is cold, does it have to be a brass window of that design? Is there some other way of doing things? [Interruption.] We could do it in ceramics, but that might be slightly dark in daytime. We have not quite got transparent ceramics yet. The way we think about the outcomes will be important in shaping the procurement process. That is something that the Sponsor Body ought to be considering now, but with the industry alongside it, because nobody is better able to tell us what it can do than the industry itself.
I want to make a brief comment in support of amendment 14. The Public Services (Social Value) Act 2012 is a wonderful piece of legislation. It started as a private Member’s Bill, and it has allowed procurement and what we are actually paying for to be revolutionised. I urge the Government, when it comes to the point of working with the Sponsor Body, to frame how procurement should work. Yes, the cost—the value of the things that we are buying—is important, but the additional value that we can derive through the Act in the procurement process, in terms of opening up this vast investment to skills, new technologies, and research and development in different parts of the country, may have a lasting legacy beyond the jobs and employment contracts, which are very transactional. It may genuinely root changes in communities, which will benefit from this place. I will therefore be supporting the amendments.
Kevin Foster
This has been a fascinating debate, and a number of right hon. and hon. Members have made passionate points. The hon. Member for Stoke-on-Trent Central strongly endorsed the ceramics industry, as always, and spoke about the quality of its products.
Yesterday, I had the joy of having a tour of the basement. If any member of the Committee has not yet had the opportunity to do so, I would strongly recommend it; they would be helping to make progress with this project. I saw the innovative sewer ejectors, which were put there in the 1880s. They have “Chester” on the side of them. The hon. Member for City of Chester will be delighted to hear that they have been such a functional part of this place for so many years.
Christian Matheson
I am most grateful to the Minister for giving way. I am delighted that Chester is represented here, even if it is only in the sewers.
Kevin Foster
Of course, Chester is not just represented in the sewers; it is represented by the hon. Gentleman, who is sat here in the Committee doing his job, as always.
It was useful to hear the comment about putting our values into this place physically. Certainly, that is one of the things that the Sponsor Body will need to do. It was also interesting to hear from my right hon. Friend the Member for Derbyshire Dales about the quarry in Derbyshire that provided the stone for Portcullis House. Again, that shows that, although this is a project in London, we do not want it to be a London-centric project. With all respect to hon. Members who represent Greater London constituencies, we want it to be a project that reflects the entire Union that this Parliament serves, and we will seek to spread the prosperity.
Kirstene Hair (Angus) (Con)
I want to build on a point that my right hon. Friend the Member for Derbyshire Dales made about having not just contractors but materials from across the United Kingdom. In Scotland, Chinese and European steel was used for the £1.3 billion Queensferry crossing. This is not simply about cost, although we need to keep within budget; we must also look at the jobs, skills and businesses that we are supporting.
Kevin Foster
I recall my hon. Friend referring to that bridge project in a couple of debates in the Chamber about the UK steel industry. It is important that we use materials from across the United Kingdom, and create jobs and skills. The steel casting on the Elizabeth Tower—a project that has already been referred to—came from Sheffield, and the encaustic tiles in Central Lobby were produced in Shropshire, so there is already a spread across the country.
Gareth Snell
Three-quarters of the encaustic tiles were made in Stoke-on-Trent. Unfortunately, the top quarter—the bit that everyone sees—was made in Telford, but it is rooted on a solid foundation from the ceramic city.
Kevin Foster
I am reassured, knowing the quality of the product that comes out of the Potteries. I still have a set of plates made in Stoke-on-Trent that I won in a raffle. I have had them for about 25 years, but they are still doing their job to this very day. That speaks to the quality of product from the hon. Gentleman’s constituency.
Chris Bryant
I am afraid that the Minister’s argument may be strongly supportive of the amendment in the name of my hon. Friend the Member for City of Chester. Clause 2 already lays out several things that we consider to be so important that we put them in the Bill, such as disabled access and the fact that we will return to the building. Why should this not be one more?
Kevin Foster
Most of the things in the Bill are statutory, but we do not go through in detail each piece of environmental legislation or health and safety practice that we would expect. That is where the statutory obligations need to be complied with.
I am conscious of the comments about the ability to secure contractors; at this stage, this amendment is not one to put in the Bill. We believe there are other more appropriate ways to ensure, via the Sponsor Body and with strong parliamentary representation through the three members present in this Committee, that these areas come in. Again we could look at, for example, subsection (4)(b), which stresses having
“a view to ensuring the safety and security of people who work in Parliament”,
but does not go on to specify individual areas.
I suggest that this would be better picked up through the parliamentary relationship agreement and the programme delivery agreement, with other areas that may be items where Parliament might not necessarily have statutory responsibility, but would not wish to see the works associated with it, given the obvious impact—I accept that if Parliament was engaging with contractors who were engaging in blacklisting, that would have a strongly negative impact on Parliament and its reputation.
I come on to new clause 1, requiring a report once every six months. The Government consider that unnecessary. Under schedule 1, the Sponsor Body is required to produce for Parliament, at least once a year, a report on the progress of the parliamentary building works. Ultimately, the content of those reports would be a matter for the Sponsor Body, but we would expect them to include details on what contracts had been awarded.
As with the previous amendment, we feel that the programme delivery agreement would be a better place to specify such requirements, rather than the Bill. Not only the parties to that agreement, the Sponsor Body and the Delivery Authority, but I am sure hon. Members across this House—in terms of how we hold to account the parliamentary members of the Sponsor Body—will be interested in how that process works and in ensuring a regular flow of information.
The Bill puts in place the necessary governance arrangements to undertake the parliamentary board works. Given that the governance arrangements create a stand-alone body, we consider that matters such as the reporting of contracts should be for the Sponsor Body and the Delivery Authority to consider, rather than being prescribed by Parliament in primary legislation at this stage.
Moving on to amendment 3, I share the hon. Gentleman’s passion for having good educational facilities on this parliamentary estate. They are part of what we are and part of ensuring that a future generation can find out about Parliament. We will not necessarily prescribe in this project that we rebuild exactly the same facility as we have now; there are some incredibly exciting opportunities to create spaces, for example for the Youth Parliament, which at the moment can only realistically meet on the estate when we are not sitting in one of the Chambers. What opportunities might be provided by having had a decant period that creates a new facility that the Youth Parliament and other citizens might be able to use, and by generally having a better facility?
However, while I hear suggestions of future amendments that I would not reject the Government’s considering on Report, the way the thing is structured is that “need” relates to those things for which there are statutory responsibilities, such as health and safety, security or disabilities. There is no concept of Crown immunity applying to this project. The project will be required to make reasonable adjustments for disability access—again, within the confines of working within a building that is Grade I listed and where virtually every corner has a moment of history associated with it.
My hon. Friend the Member for Bury St Edmunds and I were reflecting earlier on the cupboard where the suffragette hid in 1911, which, it is safe to say, is not in its greatest setting at the moment and does not allow for any particular use of it for educational purposes, despite its significant role in history.
Kevin Foster
We can’t move it, but I understand it has a computer server in it; it is hardly the most fitting compliment to shove a computer server in the room. Those are the sorts of areas where we can look at how we expand the wider role in education.
I cannot imagine that Members of either House would endorse a programme of works or an estimate that did not include a clear provision for educational facilities in the final building and in the decant option. In the wording of this particular clause, however, by using “desirability” for this and other facilities, it is the Government’s perspective that the Sponsor Body has a direction, but also some flexibility. The other facilities that we might have considered sensible 30 years ago may not necessarily be the other facilities that we consider sensible today. For example, 30 years ago it would have seemed sensible to put in a large number of public phone boxes, but a facility to charge a mobile phone would have been completely irrelevant to all but the wealthiest of people visiting the House. Now, we would take the view that the balance would be the other way round.
Meg Hillier
The Minister is making an eloquent argument against the word “need”, but we have an elegant amendment proposed by the hon. Member for Hertford and Stortford, which talks about taking out the words “the desirability of”. My concern—I think some other hon. Members input their concern too—is that if it is not on the face of the Bill, we will have already lost the education centre and there will be a risk that it might fall off the edge, at the end of the project. I think it is important to have it on the face of the Bill.
Kevin Foster
That is why the face of the Bill is balanced. While these are not statutory obligations—there is no statute saying or implying that we have to have it—having it down as desirable reflects that. I am looking in Sir Gary’s direction, but the amendments before me are the ones on the amendment paper and the ones we are considering. There is no manuscript amendment or any other proposed amendment at this stage, but I would not rule out looking at this issue again on Report, if a proposal is brought forward. We would be happy to work with colleagues if there is a feeling that this provision should be strengthened.
To respond to the question about relevance, it is on the face of the Bill—it reflects desirability. I accept that ultimately some of the facilities—not the educational ones—will depend on balancing many competing priorities, including the very pressing need to preserve the heritage of this building.
Chris Bryant
I think the Minister is saying that if the amendment that was suggested as a potential manuscript amendment were available to us, then he would be in favour of it. Can he commit to bringing that amendment forward himself on Report?
Kevin Foster
While I thank the hon. Gentleman, I am clear that this is a parliamentary project. The Government will seek to defend their interest as this Bill goes through, but it would not be our intention to bring forward Government amendments, except to deal with matters specifically relating to the Government’s role. However, we would look kindly at something a bit later. If a Back-Bench amendment were brought forward—particularly if Parliamentary Counsel were involved—we would not inherently move to object, but that is something upon which to take advice.
At this stage, the wording of the Bill as it stands gives Members what they are looking for; the desirability of ensuring that education and other facilities are provided for people visiting the Palace of Westminster, after the completion of these works, is clearly on the face of the Bill. The Sponsor Body must have regard to that and it would be on the front page of primary legislation. We are all clear about the goals we wish the Sponsor Body to achieve, despite our discussion on wording.
Meg Hillier
I seek some guidance from the Minister. He is the Minister presenting the Bill. The law was drafted by Government, because that is the way that Bills are drafted and the Sponsor Body cannot draft the Bill itself. Therefore, the Minister is the custodian of what this Bill will say. Yet he has just said that it is not the Government’s role to add to the use of the Bill because it is not ultimately a Government responsibility. Is he saying that he will go away and talk to the Sponsor Body about what it would like to see, and then he might consider a Government amendment, or is he saying he would only accept a Back-Bench amendment but he would seriously consider one along the lines proposed by the hon. Member for Hertford and Stortford, amending the amendment proposed by my hon. Friend the Member for City of Chester?
Kevin Foster
The Government have been clear in their wish to facilitate Parliament in its desire to complete restoration and renewal; that is the position we have strongly adopted. If a Member wished to engage with Government, before Report, about particular wording then obviously we would wish to make sure we had had advice from Parliamentary Counsel. We do not want to find that the Bill has an unintended consequence, or that an amendment has been made that will make the Sponsor Body’s job more difficult; I am sure the hon. Lady does not want that either. I say again that I do not think that anyone reading the face of the Bill would take it to mean that there is not a clear and strong push towards having educational and other facilities in this building. That would be on the face of primary legislation.
Mr Prisk
I feel slightly embarrassed by being called elegant on two occasions; that is something that my former rugby colleagues would not necessarily recognise. The Minister is right to say that he needs to take careful consideration with Parliamentary Counsel and he is absolutely right to want to talk to the Sponsor Body. I am guided by that. I have not heard anyone on the Committee say that they do not believe that educational facilities should be there. The answer is to find a truly elegant solution, and I have confidence that the Minister will do so.
Kevin Foster
I thank my hon. Friend for his intervention. We have outlined the position and, as I said, although we are not prepared to accept the amendment today, I am happy to have further conversations before Report. What is on the front page of the Bill is obvious, and few would doubt that that gives a clear indication of our intentions.
I turn to amendment 14, tabled by the hon. Member for Hackney South and Shoreditch. It is clear that we want the project to be delivered across the entire United Kingdom, with all companies and those who can bring skills and talents to the project able to do so. The clause establishes a Sponsor Body for the purpose of having overall responsibility for the parliamentary building works and sets out the duties placed on the body and a number of factors that it needs to have regard to in exercising its functions.
It is important to remember that the clause, as well as the Bill as a whole, establishes the necessary governance arrangements and accountability to oversee and deliver the parliamentary building works. While we wish to see such delivery, we ultimately believe that it is for the Sponsor Body to look at how best to achieve that, again with representation from Members who represent seats across the United Kingdom. I can look for example, at how we are doing other projects. There was a reference to Heathrow holding roadshows around the United Kingdom; I wish to see the Sponsor Body doing such engagements.
I guess that every Member of this House will be only too keen to let the Sponsor Body, and particularly its parliamentary members, know about opportunities for development of skills and creation of new crafts. We will have to balance that against some challenges. There is only a limited number of suppliers of certain heritage products; in some cases, there may be only one or two. I was given the example of bronze windows, which only two suppliers make today. I suggest that, at this stage, accepting the amendment would not be appropriate, but the Sponsor Body and Delivery Authority will need a strong regard to the desire that the project reflects the entire United Kingdom when contracts are being let. The Bill is about setting up the framework and the legal body that will look to deliver the contracts; it is not about agreeing those contracts and the programmes of work, which will be voted on by the House at a separate time.
Neil Gray
Is this not exactly the point at which we should be ensuring that this is a UK-wide project? I say, as a current member of the shadow Sponsor Body, that if this issue is left until further down the line, other cost or time pressures may be applied to the project, and the Sponsor Body may, for whatever reason, see this as being superfluous. Unless we do this right now at the outset, we may lose that element of opportunity.
Kevin Foster
While I thank the hon. Gentleman for his intervention, I do not agree. I have every confidence that the Sponsor Body will look for good value, and that will mean contracting with companies across the whole United Kingdom. We see this in the experience of other projects and major events. Of course, we can have confidence that the hon. Gentleman will be a strong voice in pushing the Sponsor Body, as he has been on the shadow body, to look at working across the United Kingdom. I suggest it is not appropriate to put such a requirement into the Bill at this stage.
Meg Hillier
I thank the Minister for giving way; he is being generous. However, I refer to what my hon. Friend the Member for Rhondda said. The clause already sets out specific criteria. Although the amendment may not be so elegantly worded, I was careful in drafting it to ensure that it would set the principle in train at this early stage, while not prescribing how the Sponsor Body would go about things. Members of the Sponsor Body are here, and others will no doubt be watching. As the Minister knows, they are only on for three years at a time, so it is important that this issue is enshrined in the Bill and not lost in the mists of time. Many of us will not be here when we actually move out of the building, by which point many of the contracts will already have been let. I urge the Minister to give us some comfort that he will at least go away and consider this. I am minded to press the amendment to a vote, on the basis that we need to set down a marker in the Bill for the principle that we should make this a UK-wide project. I need more words of comfort from the Minister before I will consider withdrawing the amendment.
Kevin Foster
We would be happy to take this away and look at how we can provide further reassurance to Members. The intention is that the Delivery Authority will look for work across the United Kingdom, but I am afraid that if the amendment is pressed to a Division, the Government will have to resist it at this stage, despite the fact that we all seem to have the same objective.
Things such as the yearly audit of the works will mean that the Delivery Authority remains accountable to Parliament, and parliamentary members will be on it. There will be appropriate discussion to be had about exactly how they face questions and how they can be held to account on a day-to-day basis, including by the Public Accounts Committee, which I cannot believe for one minute will not take the opportunity of regular reports and examinations of how the authority is spreading its work, contracting and making sure that this a project for the entire Union.
Mr Jones
I have heard what my hon. Friend has to say, but as he will know, subsection (4) provides steers as to how the Sponsor Body shall exercise its functions. If my hon. Friend is not willing to allow the amendment, is he prepared to consider, maybe on Report, moving this provision into subsection (4), so that the Sponsor Body has to have regard to the need to spread the work around the United Kingdom? That compromise may be of assistance.
Kevin Foster
I thank my right hon. Friend for his suggestion. Given that it is constructive, I would be quite happy to offer to do that. We could look at this, perhaps on Report, if an amendment was brought forward. Again, if Members wish to work with Parliamentary Counsel to deliver something, we will be happy to consider that and to see if we can reach an appropriate compromise on Report and insert it. However, the way my right hon. Friend suggests may be a better option.
Chris Bryant
I am getting a bit confused. The Minister seems to say that this is not a Government project, so the Government will not table amendments. However, they will resist amendments, so they clearly have some kind of Government view. I presume that, as on Second Reading, this is un-whipped business, because it is business of the House, unless the Government Minister tells me differently.
Kevin Foster
Obviously, whipping arrangements are for each party. Again, I make the point that this project is being fundamentally driven by Parliament, for Parliament. The Government are facilitating the Bill to provide the legal framework for that, via the mechanisms that we can use, in terms of time and support. I am entitled, as the Minister, to take a view on amendments that are brought forward; the shadow Minister is bringing amendments forward and taking a view as well.
At this stage, my advice to the Committee is that we do not believe that this amendment should be put in. I am happy to pick up on the suggestion from my right hon. Friend the Member for Clwyd West and other Members of constructive engagement before Report, as I have offered on the other area, to see if we can find a form of wording that is acceptable and that Parliamentary Counsel would also be comfortable with, in terms of its not having unintended consequences for the Bill.
With that, I think I have concluded my response to the amendment, and I thank hon. Members.
Tom Brake
I am sure it was not a deliberate omission on his part, but the Minister will be aware that I quoted from the written evidence supplied to the Committee—evidence PBB01—which made a number of suggestions, including, for instance, ensuring that the public are fully engaged in the process and that the relocated accommodation or temporary Chamber is tested for alternative ways of working. I was hoping for a ministerial view on that submission, which I am sure the Minister would like to give the Committee now.
Kevin Foster
I thank the right hon. Gentleman for prompting me back to his query; the contribution from the Department of Politics at the University of Sheffield was a welcome one to read, with a number of thoughts, suggestions and ideas on how the project could be enhanced. I would not necessarily propose that the amendments suggested in its contribution be made—the right hon. Gentleman has not tabled those amendments, so I suspect he takes a similar view about not amending the Bill to reflect them—but it is certainly welcome to see that positive engagement and thought in terms of what could be done.
I hope that, as the Sponsor Body is established, it will look to those types of submissions in thinking about how we can make this a project that reaches out and hopefully changes people’s perceptions of Parliament, as well as one that restores and renews this building physically. It was a welcome piece of correspondence to receive, and one that the Sponsor Body could well read and learn from.
Christian Matheson
Listening to the debate on this first group of amendments, and having come somewhat late to this party, I am reminded of the expertise among hon. Members on both sides of the House on the detail of the work to be done and the challenges we must face. I am most grateful to hon. Members for their contributions.
I will respond to the debate in reverse order. First, on amendment 3, relating to the education centre, I confess that I was not quite sure whether the hon. Member for Hertford and Stortford had tabled a formal manuscript amendment, and had to seek advice, but, in a saner sense, of course he had not. He made a straightforward suggestion, and the Minister was positive in his response not only to my amendment and to the case for maintaining educational facilities, but to the suggestion that we might look at this again on Report, perhaps with a simpler amendment that would nevertheless still embed into the heart of the legislation the importance of the educational facilities. I would like to go down that route, if I may.
Although I would never look a gift horse in the mouth and would not like to turn down the opportunity, I am not quite clear why we would need the Parliamentary Counsel’s advice on an amendment that would simply delete two words; that might be a bit of overkill. However, I am grateful to the hon. Member for Hertford and Stortford and to the Minister for providing support for the amendment on the educational facilities. I do not intend to test the views of the Committee by putting it to a vote at this stage.
Let me move to new clause 1 and to amendment 14, tabled by my hon. Friend the Member for Hackney South and Shoreditch, which were considered together. By the way, I hope the constituents of my hon. Friend the Member for Stoke-on-Trent Central are aware that he is known so well throughout the House that even before he stood up we all knew he would talk about ceramics, such is his dedication to representing that great industry in that great city. The hon. Member for Hertford and Stortford made a fantastic point that this is not necessarily an investment just in a UNESCO world heritage site, but in the future of the country. That is certainly the message that I shall be using and taking out—if he will permit me, of course—whenever I talk about this.
I urge hon. Members to look around the room: we know that there is some work that can only be undertaken in situ, but I ask them to look at the wallpaper, the wood panelling, the brass windows and the electronics. All those materials and components can be sourced and produced elsewhere, so the work does not all have to be done in London, only the installation. The Minister talked about where there might only be one or two suppliers, and the effect that would have on cost. He is of course right, but there is a responsibility incumbent on those one or two suppliers to grow the skills base, and hon. Members have talked about that.
What I would say about new clause 1, and particularly the amendment tabled by my hon. Friend the Member for Hackney South and Shoreditch, is that this is not a complicated proposal. It is a fairly innocuous suggestion to ensure that we monitor that the work is going out and about across the country. It is not prescriptive. It is not saying to the Delivery Authority or the Sponsor Body, “You must allocate so many contracts to so many parts of the country.” All that the new clause and the amendment do is to suggest that we should be able to monitor just how well those bodies are spreading the work around. They are not directing them in a particular way, and I cannot see why the Minister would not want them, other than the general concern—which I understand—about not wanting to put too much in to the Bill.
EU Parliament Elections: Denial of Votes
Kevin Foster Excerpts(4 years, 11 months ago)
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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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Cat Smith (Lancaster and Fleetwood) (Lab)
(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on why non-UK EU citizens were denied their right to vote in the European parliamentary elections.
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government took all the legal steps necessary to prepare for the European parliamentary elections and put in place all the necessary legislative and funding elements to enable returning officers to make their preparations. We worked with returning officers, the Electoral Commission and other agencies, such as the Society of Local Authority Chief Executives and Senior Managers and the Association of Electoral Administrators, to support the smooth running of the polls. The Government are greatly appreciative of electoral administrators’ hard work inside and outside election periods, which resulted in a higher turnout than for previous European parliamentary elections.
Electoral registration officers are under a statutory duty to ensure that people who are eligible to vote in elections have the opportunity to do so. For the recent European Parliament elections—as for all previous such elections—that included making sure that EU citizens who are resident in the UK and registered to vote in local elections were made aware that they needed to complete a voter registration and declaration form, commonly referred to as a UC1 or EC6, so they could vote in the UK. The Electoral Commission supported EROs in this and encouraged them to take additional steps to raise awareness of this requirement locally, through social media channels and other means.
The UC1 form implements a requirement under EU law. EU Council directive 93/109/EC requires all member states to send the details of any EU citizens’ declarations to the state they are a citizen of,
“sufficiently in advance of polling day”,
to ensure that an EU citizen does not vote twice in the same European parliamentary election. That is not a new requirement and has been in place for previous European parliamentary elections. Similar provision applies to UK citizens living in other EU member states. The UC1 form was accessible on the websites of the Electoral Commission, local authorities and Your Vote Matters.
On 5 April, the Electoral Commission published guidance for local returning officers and EROs on the upcoming European parliamentary elections. In it, the Electoral Commission reminded EROs to prepare and issue UC1 forms to EU citizens on the electoral register. On 3 May, the Electoral Commission published guidance advising EU citizens to avoid registering to vote using unofficial registration sites. The guidance further stated:
“Any EU citizen who wants to vote in the European Parliamentary election in the UK must also print, complete and return a declaration form stating that they will only vote in the UK.”
The guidance also included a link to the Your Vote Matters website, where the form could be downloaded.
Cat Smith
The numbers of non-UK EU citizens who were reportedly denied a vote in the European elections should be a source of shame for the Government. We are talking about people who live and work here and who contribute to our communities, yet for the past three years they have been insulted, exploited, asked to apply to stay in their own homes and now denied a voice in an election that has massive implications for their futures. Have the Government learned nothing from the Windrush scandal about the consequences of shutting citizens out of public life?
After the previous set of European elections, the Electoral Commission warned that we needed to streamline the two-step registration process, like other European countries have done. Why did the Government refuse to listen? They buried their head in the sand in respect of the elections, even at the eleventh hour when it was clear that the House was not going to pass their botched Brexit deal. The Opposition repeatedly warned that EU nationals were not given enough time and notice. We put forward reasonable requests that could have been adopted to mitigate the risks, such as ensuring that EU citizens were handed a copy of the form when they voted in local elections and extending the deadline by a week to ensure that the forms could be returned.
What was the Government’s response? It was to tell EU citizens to vote in their own country. Not only did that add to the anger and sense of exclusion that many felt, but it was asking people to register to vote in a country that they may not have lived in for decades and where voting registration may well have closed. Does the Minister acknowledge how insulting that was? Will he apologise to those affected? Campaign groups have already raised more than £40,000 to fund a legal challenge; have the Government assessed whether their actions were compliant with the law? The failure to act made this democratic disaster sadly inevitable. In the light of the overwhelming evidence, will the Government conduct a full and urgent investigation?
Kevin Foster
We have to be clear that the process was exactly the same as what was required back in 2014 and 2009. The legal structure for how the vote takes place has not changed.
On the deadlines referred to, I can remember having a discussion with the shadow Minister about whether it would be possible to change the registration date, but that would have run up against the clear requirement that we have to share the declarations
“sufficiently in advance of polling day”.
That means sharing them in advance of polling day, not just a day or two before, to allow registers to be completed in home nation states. To be clear, this process has been in place for some years.
I accept the point that obviously people did not necessarily expect the EU elections to happen, given the result of the referendum and the fact that 80% of the people who voted in 2017 did so for parties that had pledged to respect the referendum result—something we have not seen much evidence of on the Opposition Benches. The Electoral Commission will review the European elections, as it reviews any other electoral event, and will look into any issues raised. As a responsible Government, we will of course consider carefully what the Electoral Commission says.
Mrs Maria Miller (Basingstoke) (Con)
I thank the Minister for his statement.
I was contacted by a handful of my constituents about this issue. My local authority has confirmed that the relevant paperwork was sent out entirely in accordance with the rules on 12 April, to be returned by 7 May. Several thousand of those forms were returned, so the process was clearly working, but for a handful of people there seems to have been some confusion. Will the Minister confirm from the Dispatch Box that he will look carefully at the Electoral Commission’s report on the election, to understand why that group of people found it so difficult to follow the rules in this instance?
Kevin Foster
I thank my right hon. Friend for her question. I am pleased to hear her experience, which is that thousands did return the declaration and were able to take part. We will of course listen very carefully to what the Electoral Commission has to say in its review of the European parliamentary elections. The turnout did go up. In fact it was much, much higher than it was in 1999, which is the last time we had stand-alone European elections, so, again, that gives us some confidence in the system. None the less, we will certainly consider very carefully the points that the Electoral Commission brings forward and look at whether any changes are required.
Tommy Sheppard (Edinburgh East) (SNP)
Whether by accident or design, this Government have presided over the disenfranchisement of hundreds of thousands of our neighbours and friends who wanted to vote in that election but were unable to do so. Frankly, the Minister’s complacency here today is simply compounding the problem. He acts as if this were some sort of surprise. Back in 2014, many people told the Cabinet Office that the system then was inadequate. The Electoral Commission itself called for a review of the UC1 system. Therefore, given the additional dubiety and uncertainty created by this Government about the fact that these elections would take place this year, surely it must have been obvious that something needed to be done in order to improve the situation. At any stage did Ministers approach the European authorities to get a dispensation from the regulations in order to cope with the situation in the United Kingdom? At any stage did Ministers consider bringing forward a statutory instrument to this House in order to truncate the existing system for filling in the UC1 form? Will the Minister promise that there will be a full and public investigation into this debacle?
Kevin Foster
Let me be clear: the Council directive is a piece of EU law. It is not something from which we can seek derogations or exemptions. I know that, normally, those on the Scottish National party Benches are very keen to see European law there and fully complied with. This is about an election across all 28 member states for one Parliament; this is not about a uniquely British election.
With regard to looking at the options open to us, we did briefly ask for official advice, but on whether it would be possible to consider a statutory instrument, I have to say that that rubs up against our need to implement that exact expression of being sufficiently in advance of polling day. Given that our registration deadline was 7 May—roughly two weeks before—it is hard to see how we could move much more beyond that date. As for how we will look at this matter, the Electoral Commission will comply with its statutory duty to conduct a review of how the elections were conducted. It is a body that has solid election knowledge, is appointed independently and is not under the control of Government. We can all think of views that the Electoral Commission has expressed that we have either loved or loathed. That is our best option. We will therefore carefully consider what conclusions it brings back.
Hilary Benn (Leeds Central) (Lab)
The Minister does not appear to appreciate the Government’s responsibility for this mess. It was not until Tuesday 7 May that the Chancellor of the Duchy of Lancaster said that the UK would definitely be taking part in the European elections. As the Minister has just admitted, Tuesday 7 May was also the closing date for the receipt of UC1 forms. Given that the Government must have known since 11 April, which was the date on which the EU granted us a further extension to 31 October, that we would be taking part in these European elections, why did it take the Government from 11 April to 7 May to confirm that fact? Earlier confirmation would have allowed more EU citizens to get their UC1 forms in in time, and they would therefore not have been denied the right to vote on 23 May.
Kevin Foster
I thank the right hon. Gentleman for his question. As I said in my earlier answer, it was on 5 April that the Electoral Commission published guidance for local returning officers and EROs, and it was on 8 April that my right hon. Friend the Chancellor of the Duchy of Lancaster laid the necessary orders for the poll. There was no restriction on submitting a UC1 application before those dates. There was no need to wait until it was completely confirmed to submit that form. As has been said, a number of EU citizens who are resident in this country made arrangements to vote in this election in the state of which they are a citizen. It is therefore clear that there was no undue delay and that advice was pushed out. By 3 May, there was clear advice published by the Electoral Commission, which has the primary role in promoting how citizens use their electoral rights in this country.
Tom Brake (Carshalton and Wallington) (LD)
We see shocking complacency from the Minister and a complete denial of any Government responsibility for this shambles. A number of MPs—me included—raised these concerns in advance of the election, saying that EU citizens were going to be disenfranchised. And sure enough they were, as they were in the EU referendum. Is the Minister aware of legal advice that says that the use of the UC1 form is discriminatory, and will he—he has not yet answered this question—support calls for an inquiry into this shambles and the Government’s role in it?
Kevin Foster
The suggestion that the UC1 form, which has been used in a number of European elections, is now discriminatory is absolutely for the birds. It is a process that we have used for other elections and it is part of implementing a requirement under European law. The Liberal Democrats cannot say that they like the European Union’s laws one day and then demand that we should just ignore them the next, when it suits them. It is clear that the Council directive requires us to complete declarations and to send them sufficiently in advance of polling day.
Kevin Foster
The right hon. Gentleman may shake his head and dislike what I am saying, but that is the wording of the legislation. The Electoral Commission will conduct a full review, and I look forward to reading and receiving its conclusions.
Mr Ben Bradshaw (Exeter) (Lab)
The Minister said—once again, erroneously—that 80% of voters in the referendum voted for parties that supported a Tory Brexit. He knows that to be completely wrong. What he omitted to say was that the majority of voters who voted in the European elections voted for parties who want another referendum and want to remain in the European Union. The Minister was warned repeatedly about this issue in this House and outside it, yet we all have examples of constituents who came up to us in desperation on election day, having done all the right things but having had their names crossed out when they arrived at the polling station. It is an absolute scandal. Does this not reveal a Government who did not investigate properly the proven subversion and lawbreaking in the referendum, and who have absolutely no interest in the integrity of our democratic process? The Minister should resign.
Kevin Foster
Oh dear; well, I will not thank the right hon. Gentleman for that question. The reality is that we have an independent Electoral Commission and an independent police force which does not—and should not—operate under political guidance. Despite the right hon. Gentleman’s obvious disagreements with the referendum result, the relevant bodies have obviously looked at the evidence and come to their conclusions. It will be a dark day when Ministers at the Dispatch Box instruct the police and the Electoral Commission how to behave.
As I say, the UC1 form implements a requirement under European Union law. As for the right hon. Gentleman’s figures regarding the vote itself, they are not figures that I recognise because they normally imply that my party is somehow supporting remain.
Catherine West (Hornsey and Wood Green) (Lab)
Seven weeks ago, Mr Speaker kindly granted me an urgent question on this exact topic, but the warnings were not heeded. Scores of EU voters were in touch with my busy office and with the electoral registration officer on Haringey Council on the day, just as predicted by many Members in this House on 25 April. Will the Minister lay out exactly what investigations his team will undertake now to put this situation right once and for all?
Kevin Foster
The Electoral Commission will do a report and present its conclusions—as it does with all major electoral events in this country—and it will do so independently, not under the direction of a Minister. We will then consider its conclusions carefully. To resolve the issue completely, we will look to implement the 2016 referendum result, as we have pledged to do.
Ms Angela Eagle (Wallasey) (Lab)
I think the Minister has misunderstood his job. He seems to think it is about disenfranchising people who are going to vote the wrong way. After the 2014 European elections, the Electoral Commission warned that the current practice of requiring citizens to complete an additional form needed to be more streamlined, moving to a near automatic system of inclusion as is the case in most other European countries, yet the Minister and his Department did precisely nothing about it. [Interruption.] Perhaps he could get the smirk off his face. We are actually talking about democratic involvement; even though the Minister does not seem to rate it, Labour Members think that it is an important principle.
Kevin Foster
This is a process that has been used before in elections that actually happened under a Labour Government as well—let us be clear about that. It is a process where we followed the law. We had to comply with the European Council directive in how we held these elections, and that means having a declaration that we send over. If we wanted to talk about disenfranchising people, we could talk about what happened when an arbitrary limit of 15 years was imposed on overseas elections.
Ian Murray (Edinburgh South) (Lab)
Dozens and dozens of my EU national voters were disenfranchised at this election. Given that the election has now gone, would it not be prudent for the Government to re-enfranchise them by holding a public vote on how we leave the European Union, allowing people who live, work and pay their taxes here, and who have done so for decades, to be involved in the future running of this country?
Kevin Foster
Let us be clear: Britain’s membership of the European Union was first decided by the parliamentary franchise in the form of the elections to this House back in 1972. It was therefore the parliamentary franchise that was used, with the addition of Gibraltar and Members of the other place. That is the one that the House chose for the referendum in 2016, and hopefully this House will actually finally listen to what was said in 2016 and implement that referendum vote.
Joanna Cherry (Edinburgh South West) (SNP)
On 23 May, a significant number of my constituents who are EU nationals were denied their basic human right to vote, despite me and others having repeatedly raised on the Floor of the House the risk that that would happen, including my making a direct appeal to the Prime Minister at PMQs on the day before the elections to use the power of her office to do something about it. Does the Minister appreciate how this scandal has exacerbated the fears of EU citizens that their rights are not taken seriously by this Government? Does he therefore understand why there must be an inquiry into the Government’s failure to act, and will he answer the question posed by so many other hon. Members and commit to that inquiry?
Kevin Foster
I recall that the hon. and learned Lady’s suggestion at Prime Minister’s questions was about having forms at the polling station. However, that would directly conflict with the requirements of the Council directive, which says:
“sufficiently in advance of polling day.”
We could not have complied with that in having forms at the polling station. In terms of a review of what happened, as I have now said several times, the Electoral Commission, as it always does, will review the conduct of the poll and bring forward recommendations, and it is completely independent in doing so.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Can I say to the junior Minister that I feel sorry for him? Here he is, like the last boy left on the burning deck of the ship. He has no colleagues behind him. There is an absence of Government—where is his boss? The fact is that this is an important issue for democratic responsibility and accountability, and for parliamentary democracy, and we want to know the answer. Yet here we have—I hope it can be seen all over the world—an empty Chamber where this country has no Government and no Back Benchers: it has nothing. When are we going to get a general election to get rid of this ghastly regime?
Kevin Foster
I think that one is probably slightly beyond the scope of this urgent question. I would always say that it is good to have quality of support, if not necessarily quantity, on the Benches with me. The key issue in elections is that we comply with the law, and the law is as it has been set down for previous European elections. A key part of that is making sure that we comply with European law, given that this is not purely a vote in the UK about UK delegation members—it is ultimately an election of the entire European Parliament.
Hywel Williams (Arfon) (PC)
Listening to the Minister’s initial answer, I wondered, if this was all so good, why did it turn out so badly? The Government claim to have been preparing for “all Brexit eventualities”, yet despite the billions of pounds being set aside, we have still had this blundering democratic deficit. Is there not a real danger that this Government’s reputation for Brexit splits and betrayals will be excelled by an equally deserved reputation for incompetence?
Kevin Foster
The thing I look at is that the turnout rose for the European elections this time. There may be criticisms about how things are handled, but I always look at how many people turned out and engaged, and it was the highest turnout for 20 years.
Thangam Debbonaire (Bristol West) (Lab)
The Minister does not seem to have accepted the fact that this vote happened as a result of something that was entirely predictable. The Department for Exiting the European Union has a Minister for no-deal Brexit. Why has it not considered that the third of the possibilities outlined by the Prime Minister might happen, and it should therefore have a Minister for no Brexit?
Kevin Foster
I thank the hon. Lady for her question. The reality is that this Government are absolutely committed to implementing the democratic will of the British people expressed in the referendum in 2016, and it is a pity that other parties are not.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I wrote to every single one of my EU national constituents at my own personal cost to inform them of this voter suppression. I wonder whether the Minister will repay me the cost of the postage, and whether he will also reflect on article 9(4) of the directive he cites, which says that Community voters “shall remain” on the register until they are removed. Getting them all to re-sign the form was therefore a breach of Community rules, and he should learn his law better.
Kevin Foster
I am afraid that this is exactly the same procedure that was adopted in 2014 and in 2009—
Kevin Foster
I am interested to hear what the hon. Gentleman’s comments were about the then Labour Government.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
Many EU nationals in my constituency were also denied their vote. It is simply unacceptable that registered voters who have turned out to vote were turned away without explanation. As decreed in article 39 of the EU charter of fundamental rights, the right to vote is universal and equal. Does the Minister agree that this fiasco is something that a modern democracy should not tolerate?
Kevin Foster
As I said, the Government took all legal steps necessary in conducting the European parliamentary elections. That included complying with European law, including the Council directive, which requires details of these declarations to be sent “sufficiently in advance” of polling day. We cannot just assume that people wish to vote in this country, rather than the country where they are a citizen.
Anneliese Dodds (Oxford East) (Lab/Co-op)
The Minister is actually right about two things. He is right that this process has been used before, and he is right that the Electoral Commission makes independent recommendations. But ridiculously, he refuses to acknowledge that Conservative Ministers ignored those recommendations about this process right back in July 2014. Does he acknowledge that the Electoral Commission made recommendations about this process back in July 2014—yes or no?
Kevin Foster
As I have said in numerous answers, we complied with the legal steps necessary to conduct these polls, following the House’s refusal to back an exit from the European Union which many Members elected to this place had pledged to do. We will of course listen with interest to the Electoral Commission’s review of these elections, but it is our intention that the UK will no longer participate in European parliamentary elections, having implemented the result of the referendum.
Peter Grant (Glenrothes) (SNP)
If there had been 1 million Conservative voters—yes, I know—threatened with disenfranchisement by uncertainty about whether the elections would take place, the Government would have moved heaven and earth to ensure that they were registered and enfranchised before the vote took place. Is it not a fact that anyone who wants to know about his party’s and his Government’s contempt for the rights of EU nationals does not need to listen to his complacent answers today—they simply need to look at the Benches behind him?
Kevin Foster
EU citizens can be reassured that there is a huge amount of work going on to ensure that their rights are protected after Brexit, including their democratic rights in this country. Let us be clear: UC1 forms and declarations of their nature are not unusual for UK citizens living in the EU. We have used them before, and we will hopefully not use them again, because we believe in respecting referendums, although I accept that for the Scottish National party, that is a rather unusual concept.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
Paloma Luna has lived in my constituency since 1992, and she has voted in every single local and European election until this year. Because of the impossible timetable set by the Government for our electoral services, Paloma never received the UC1 form. Electoral services normally have three months for such things, and this time they had three weeks. What does the Minister have to say to all of those who were denied their fundamental, basic human right to vote? And please do remember that these are human beings.
Kevin Foster
Starting with local elections and Assembly elections, there is absolutely no need to complete a UC1 form, because there is no requirement to make a declaration to another member state, so those electoral rights are protected and clear, and many used their vote in the local elections three weeks prior. To be clear, this is a process where we did what we could to make sure people were available. The Electoral Commission put out guidance and encouraged local returning officers well before the election—about a month before the actual deadline for registration. Plus, we have moved on in recent years in allowing registration online, something that was not available in the past.
Martin Whitfield (East Lothian) (Lab)
It is disappointing that some areas seemed to accept UC1s on the day of the election, but not those in Scotland, which said they were instructed to do that. The Minister has said that he took “all legal steps”, so can he confirm the percentage of UC1 forms that were forwarded to countries overseas between 7 May and the election?
Kevin Foster
To be clear, UC1s should not be being accepted on polling day, given that the Council directive is very clear that the information needs to be exchanged sufficiently in advance of polling day. Once information was collated after 7 May, it was then communicated to member states, just as other member states communicated those details to us. That process has existed for many years.
Jo Stevens (Cardiff Central) (Lab)
A number of my EU-national constituents were prevented from voting on 23 May, and they are exceptionally angry about it. The issues on polling day were a direct and deliberate result of the failure by the Government—the coalition Government and then the Conservative Government—to address the concerns raised by the Electoral Commission after the 2014 elections. At the very least, my constituents are owed an apology. Are they going to get one?
Kevin Foster
Again, I can make it clear that the Government took all legal steps necessary to conduct this poll, as we were legally obliged to do. As I say, we will look with interest at what the Electoral Commission’s review of this election states. However, we are clear that we have no intention of taking part in the EU parliamentary elections in 2024, because we intend to leave the European Union and honour the referendum result.
Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)
Is the Minister seriously trying to say that nothing went wrong here, and that is why he will not apologise? I, too, have constituents who sent all the forms off in time and who went on the day with an extra form just in case, and they were denied the right to vote. They were disenfranchised by this Government. Surely they are owed an apology. Will the Minister take that opportunity now?
Kevin Foster
Again, what I would say is that we will ask the Electoral Commission to review that for anyone who did comply with the requirements, although clearly we would need to look at what happened in that particular instance with that particular ERO. Ultimately, at the end of the day the UC1 is not an optional process; we have to comply with the Council directive. That is not something we have an ability just to vary.
Alison Thewliss (Glasgow Central) (SNP)
First, I would like to thank David Miller and his team at Glasgow City Council for doing their very best in the circumstances this shambolic Government have thrown at them. Those circumstances resulted in one of my constituents, who had registered in time when they moved into their property in Dalmarnock, not having enough time to get the UC1 form back and therefore losing their democratic rights. Will the Minister issue an instruction to returning officers to ask them how many people lost their votes in similar circumstances, and to ask for their advice on what the Government should do in response?
Kevin Foster
I thank the hon. Lady for her question. Clearly, it is the Electoral Commission that will be conducting the review of how the election went, and I am almost certain it will be in contact with local returning officers to discuss any issues that were raised. Likewise, at that point it would certainly more than welcome and would probably be quite interested in hearing the experiences of how the process operated in reality.
Rachael Maskell (York Central) (Lab/Co-op)
The Minister knows that the Government were tearing themselves apart on whether or not to participate in these EU elections until 7 May, but what steps did his Department take to talk to other EU countries about extending the deadline? In the age of electronic communication, surely fewer than 16 days is necessary.
Kevin Foster
The Government were never tearing themselves apart over whether to hold the elections. We were clear that we would fulfil our legal obligation to hold them if necessary as a member of the European Union, and we did. Regarding the exchange of information that already takes place electronically, there is a clear need to finalise registers at a certain point, and to ensure that information is collated and then exchanged with other member states. The timescales now are similar to those put in place in the past, and the UK is one of the first countries to vote, on the Thursday, along with Holland. Even though some countries vote later, we have to be ready for the start of the European elections, not halfway through.
Paul Blomfield (Sheffield Central) (Lab)
The empty Government Benches will send a powerful message to EU nationals across the country. Many of them in my constituency contacted me to say that they had registered to vote online, after it became clear on 11 April that the elections would be taking place; they told me that the system did not alert them to the need to complete a UC1 form, nor was it available online. Does the Minister accept that the Cabinet Office’s failure to ensure that proper processes were in place denied them their vote?
Kevin Foster
To be clear, the Electoral Commission website had guidance on registering to vote; the UC1 form was available; and there were links to the Your Vote Matters website, where the form could be downloaded and returned. It was available online. There were some issues with those who mistakenly used unofficial registration sites, and perhaps the Electoral Commission will consider how we can make clearer the differences between unofficial websites purporting to be for electoral registration and Your Vote Matters, the official Electoral Commission site.
Kate Green (Stretford and Urmston) (Lab)
My constituent, a Spanish national, had a similar experience: he believed he had returned his UC1 form digitally, but the local authority said it could find no trace of it, and advising him on 3 May on a website that he should have downloaded it, printed it out and posted it back is not reasonable when he had an expectation that his digital form was acceptable. Is it not time there was a proper Government-sponsored inquiry into every stage of the process, so that we can understand exactly what went wrong with both the system and the information available to voters?
Kevin Foster
I think it right that the Electoral Commission independently looks at the process for the European parliamentary elections and draws its conclusions independent of Government. That seems to me to be a process that builds more confidence in the recommendations that emerge.
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Minister says the legislation is in place, but the processes clearly are not, despite the recommendations from the 2014 investigation, which have not been implemented. Many of my constituents have contacted me to say they were refused the vote on election day, despite their having voted in London and council elections, and even the 2014 European parliamentary elections. Does the Minister not acknowledge that this debacle only adds to the anger and sense of exclusion felt by so many of the 3 million EU citizens in this country since the 2016 referendum? Is it not worried that it will exacerbate the rate at which EU citizens leave our country and so no longer contribute to our society?
Kevin Foster
One of the handy things of having my hon. Friend the Minister for Immigration on the Bench beside me is that I know that there are still more EU citizens coming to this country than leaving. We very much welcome that, given the skills and talents they bring to this country.
The process we follow is similar to the one used in other EU states for UK citizens living abroad. I understand that people have concerns. My big concern would be if turnout had gone down, but in fact turnout went up. One of the biggest threats to European parliamentary elections was the absolutely dismal turnout 20 years ago.
Daniel Zeichner (Cambridge) (Lab)
It really does seem that sorry is the hardest word. My constituents have faced all the problems outlined by my hon. Friends, including the situation where the form has been properly filled in but they are still denied the vote—and, of course, denied their vote in their home country, so they are doubly disenfranchised. At the end of these exchanges, could the Minister show some grace on behalf of the Government and apologise not to Opposition Members, but to the people who have been disenfranchised?
Kevin Foster
As I touched on earlier, we would expect the Electoral Commission’s review to look at issues with local councils where the form was returned in compliance with the law and then not complied with. The Government would not have dealt with that directly. Election turnout rose compared with previous similar elections, and we hope that this election will not take place again following the UK’s exit from the European Union.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
“This feels like one big scam”—that is what one citizen I represent told me about his experience of this process. I say to my fellow Devon MP that I think he has got this one wrong. When the Electoral Commission publishes its report, will he now commit to publishing it and bringing it back to this House with a statement, so that he can say sorry, from the Dispatch Box, to all the EU citizens who have been denied a vote, and set out how it will be corrected in future?
Kevin Foster
I always respect the passion of the hon. Gentleman, my friend from Devon, when it comes to raising issues and campaigning on behalf of his constituents. We will of course see what the Electoral Commission report brings back. It will be a public report, so it will be published. We will certainly then consider what next steps would need to be taken if we were ever to have European parliamentary elections again, although, as the hon. Gentleman will know, my view is that we should implement the referendum result so that we will not be an EU member the next time they take place.
Intimidation in Public Life
Kevin Foster Excerpts(4 years, 11 months ago)
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The Parliamentary Secretary, Cabinet Office (Kevin Foster)
Thank you, Sir Gary; it is a particular pleasure to serve under your chairmanship. I congratulate my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) on securing this important debate and thank him for his work on this issue, particularly as a member of the Committee on Standards and Public Life and the Select Committee on Digital, Culture, Media and Sport. I also note the presence of Lord Bew, a former chair of the Committee on Standards in Public Life, who has played a pivotal part in work in this area.
Unsurprisingly, this debate, in which we have heard about the personal experiences of many Members of Parliament, has been very powerful. I welcome the fact that, although we may disagree on many other issues, the main parties—the Government, the Opposition and the Scottish National party—have spoken as one in making it clear that argument, not intimidation, should determine what happens in our country and that we cannot allow our democracy to be undermined by those who wish to use practices that are actually criminal offences and are totally unacceptable in order to skew debate.
It was certainly interesting to hear my hon. Friend the Member for Brigg and Goole (Andrew Percy), who outlined some of the issues that he has had with fake news sites. I think that, also, some of us need to reflect on how we react when things are put online. Do we react immediately? There is a culture of putting out a quote when actually it might be better to allow proper investigations to take place. We also need to think about how we upskill people to identify what is fake and what has some credibility to it.
My hon. Friend the Member for Henley (John Howell) pointed out that we should not be silenced because we wish to take a position on an international issue, just for fear that someone may send abusive mail.
The two speeches that particularly stood out for me were those by the hon. Members for Warrington North (Helen Jones) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). Both of them bravely shared very personal stories of what they have experienced just for wanting to stand up and be present. I make it clear that standing up, getting involved, wanting to be part of debate and being passionate about the issues that we believe in is not a provocation; it is what democracy is inherently about. It is right that when people decide, for reasons of jealousy or whatever else—misogyny is sadly all too common still—that they cannot accept a democratic result, they cannot then behave in a manner that goes totally against the spirit of democracy and living in a free society.
This debate is a timely review following another debate that my hon. Friend the Member for Carmarthen West and South Pembrokeshire previously led in this Chamber almost two years ago, when, sadly, Members from both sides of the House also recounted some truly appalling abuse that they and their colleagues had been subjected to. As my hon. Friend rightly said in a recent article, this is not about “brittle political egos”, but about dealing with crime—dealing with behaviour that we and society believe should be criminal.
My hon. Friend’s previous debate came on the same day as our right hon. Friend the Prime Minister announced that she had asked the Committee on Standards in Public Life to carry out a review of the intimidation experienced by parliamentary candidates. I shall focus my remarks on what the Government have been doing in response to that review to play our part in building a democracy in which every voice can be heard.
Recently, we have witnessed a worrying rise in the levels of violence and abuse in our public life and across political debate. That risks not only putting voters off politics but putting talented people from all backgrounds off wanting to stand for public office. As a couple of hon. Members have said, a thick skin cannot become the most important prerequisite for taking up a role in public life or standing for election, particularly if we want the most diverse range of people to be represented in our politics and if we want representatives to be able to be open about who they are and not feel that they have to hide away or keep things in a closet for fear of abuse and intimidation.
An atmosphere in which threats of violence and abuse are normalised also risks lives. We saw the worst manifestation of that when our dear friend and colleague Jo Cox was tragically murdered in 2016. She rightly said that we have
“more in common than that which divides us.”—[Official Report, 3 June 2015; Vol. 596, c. 675.]
I was therefore pleased to read the letter and joint statement that have gone out today from the Committee on Standards in Public Life and the Jo Cox Foundation about the work that they will be looking to do together to continue her legacy.
As hon. Members mentioned, we also saw this type of behaviour more recently, with a neo-Nazi plot to murder the hon. Member for West Lancashire (Rosie Cooper), for which a man was sentenced and imprisoned for life just last week.
Those, though, are the headline and most serious cases. As today’s debate has shown, there are too many examples of abuse and intimidation that Members of this place have been subjected to. Freedom of speech is a human right, but it is not an excuse for people to break the law by threatening or abusing a candidate or campaigner whose views they do not agree with. Let me say clearly and with no equivocation that such abuse is wrong and unacceptable and must be addressed.
We must also think beyond this place. The toxicity extends beyond Westminster to the lives of hard-working teachers, nurses, doctors, judges and police officers, who are also too often victims and targets of toxicity, intimidation and violence. All those in public life have a responsibility to challenge and report intimidating behaviour wherever it occurs. We must all seek to uphold the highest standards of conduct and we must set a tone in our own discourse that is neither dehumanising nor derogatory.
[Sir Graham Brady in the Chair]
In 2017, the Committee on Standards in Public Life considered this issue, as well as the broader implications for other candidates for public office and public office holders. I thank the members of the Committee, including my hon. Friend the Member for Carmarthen West and South Pembrokeshire, for their thorough consideration of this topic. The committee subsequently published its report, “Intimidation in Public Life”, in December 2017, and concluded that intimidation in public life presented a threat to the very nature of representative democracy and that electoral law needed to be updated better to reflect the challenges that we now face.
In the Government response to the Committee’s report, we committed to a series of actions based on the Committee’s recommendations. In March of this year, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), issued a written statement updating Parliament on the work that the Government had done in response to the report. It may be useful if I briefly update the House on that.
The recommendations of the Committee on Standards in Public Life included two that fall within the remit of the Cabinet Office. I am pleased to say that the recommendation on removing the requirement for local government candidates to publish their home address has already been implemented, and the recommended consultation on the introduction of a new offence in electoral law of intimidating candidates and campaigners has also been completed. I can confirm that we will move to do the same for the elections due to be held in May of next year for the Greater London Assembly and police and crime commissioners.
Andrew Percy
Will my hon. Friend the Minister look again at this matter? It is absolutely right to remove the addresses of local government candidates, but some candidates said to me that there was a bit of a political risk in that. The ballot paper just showing the address as, in my case, in the East Riding of Yorkshire could be, given that some people have a local address on, a bit of a disadvantage.
Kevin Foster
It will obviously be a discussion for each candidate as to whether they wish to show an address. Again, it is a debate. I would be happy to hear any suggestions as to how—
Kevin Foster
It could be by the ward rather than by the district. It will always be a debate and a decision for candidates to make, but this is a step that we have taken. The alternative was to be compelled to put one’s home address on the ballot paper. But of course the Government will be interested to hear further feedback about how we can improve and refine the system.
We have also committed to legislating on the introduction of a new electoral offence of intimidating a candidate or campaigner during the run-up to an election, either in person or online. Under the new measure, people who intimidate candidates or campaigners in the run-up to an election will be banned from running for public office for up to five years. To be clear, that will not extend the offence as such, but it will give the courts a new deterrent to such behaviour in relation to those in the political world. In response to a point made by the shadow Minister, the hon. Member for Lancaster and Fleetwood (Cat Smith), I should say that this is about being clear that we are not in any special category. The law will apply the same. It is about how the penalty could be applied in relation to the political world.
We will also legislate to clarify the electoral offence of undue influence of a voter. That offence, which includes acts or threats of violence to manipulate someone’s vote, will cover intimidation inside and outside the polling station. Clarifying the offence in electoral law will enable enforcement agencies to enact sanctions more effectively, to protect voters from undue influence.
The Government have consulted on our “Internet Safety Strategy” Green Paper and published a White Paper on online harms. In addition, we have held discussions with social media companies and the Electoral Commission about how a pop-up social media team for elections could provide support for users who report inappropriate behaviour online.
Over and above the recommendation in the Committee’s report, the Government are considering what further steps are necessary to ensure the safety of parliamentarians and their staff. Crucially, that will apply not only to the vicinity of the parliamentary estate but to our constituencies and online. There are already opportunities through the parliamentary liaison and investigation team. This is about being clear that we must ensure that arrangements are proportionate. As my hon. Friend the Member for Carmarthen West and South Pembrokeshire said, our offices should be places where we welcome the majority of those we represent and should not become like a mini fortress.
I hope that I have been able to reassure not only my hon. Friend but other hon. Members present that the Government are taking this matter seriously and wish to act on it. Ensuring that we tackle intimidation is about making sure that our democracy is the vibrant one that we all wish it to be.
Wales
Kevin Foster Excerpts(4 years, 11 months ago)
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Susan Elan Jones
I welcome the Minister to his place, but I wish he would not just regurgitate Tory twaddle. When the National Audit Office makes it clear that central Government funding to police has fallen by 30% in real terms since 2010-11, and when the cross-party Home Affairs Committee makes it clear that the funding structure is not fit for purpose, can we have some action? Can we have some standing up for Wales instead of the vacuous nonsense we get from this Tory Government?
Kevin Foster
It has to be said that anyone who wants to hear vacuous nonsense can just listen to those sort of attacks in the Chamber. Let us be clear: in 2015-16, the combined budget for North Wales police was £139.8 million; in 2019-20, it will be £115.8 million. That shows the increase in funding that is going on. Three out of the four forces in Wales are rated good for effectiveness, which is the subject of the main question.
[Official Report, 15 May 2019, Vol. 660, c. 209.]
Letter of correction from the Under-Secretary of State for Wales, the hon. Member for Torbay (Kevin Foster):
An error has been identified in the response I gave to the hon. Member for Clwyd South (Susan Elan Jones).
The correct response should have been:
Kevin Foster
It has to be said that anyone who wants to hear vacuous nonsense can just listen to those sort of attacks in the Chamber. Let us be clear: in 2015-16, the combined budget for North Wales police was £139.8 million; in 2019-20, it will be £155.8 million. That shows the increase in funding that is going on. Three out of the four forces in Wales are rated good for effectiveness, which is the subject of the main question.
Oral Answers to Questions
Kevin Foster Excerpts(4 years, 12 months ago)
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Carolyn Harris (Swansea East) (Lab)
The Parliamentary Under-Secretary of State for Wales (Kevin Foster)
We have been clear that ensuring that the police have the right resources and powers is a Government priority, which is why we are providing more than £1 billion of additional funding to the police in 2019-20, including precept, and additional funding for serious violence. Funding to the Welsh forces will increase by more than £43 million in 2019-20 compared with 2018-19.
Susan Elan Jones
I welcome the Minister to his place, but I wish he would not just regurgitate Tory twaddle. When the National Audit Office makes it clear that central Government funding to police has fallen by 30% in real terms since 2010-11, and when the cross-party Home Affairs Committee makes it clear that the funding structure is not fit for purpose, can we have some action? Can we have some standing up for Wales instead of the vacuous nonsense we get from this Tory Government?
Kevin Foster
It has to be said that anyone who wants to hear vacuous nonsense can just listen to those sort of attacks in the Chamber. Let us be clear: in 2015-16, the combined budget for North Wales police was £139.8 million; in 2019-20, it will be £115.8 million. That shows the increase in funding that is going on. Three out of the four forces in Wales are rated good for effectiveness, which is the subject of the main question.[Official Report, 20 May 2019, Vol. 660, c. 5MC.]
Carolyn Harris
South Wales police are dealing with nearly 50% of all crimes reported in Wales in an environment of increased domestic violence, knife crime, serious crime and terrorism. Meanwhile, they face a greatly reduced budget and the loss of nearly 1,000 staff. South Wales police are doing a good job; when will the Government give them the resources and the support they need?
Kevin Foster
The Government recognise the pressures, for example, in the recent announcement of additional knife crime funding, South Wales police will receive £1.2 million. In 2015-16, South Wales police had a budget of £255.1 million; in 2019-20, its budget will be £290.3 million.
Stephen Crabb (Preseli Pembrokeshire) (Con)
Will the Minister join me in commending Welsh police officers for some of their recent successes in bearing down on county lines drug operations, which increasingly target rural areas? We welcome the additional money that was announced last week for South Wales police, but does the Minister agree that all police forces in Wales, including my own force, Dyfed-Powys police, deserve extra resources to tackle this evil trade?
Kevin Foster
My right hon. Friend perfectly highlights the fact that crime does not stop at political borders. Criminals and gangs in England target victims in north Wales, south Wales and in his constituency. It is a priority and there has been a focus on tackling county lines. That shows the importance of working together across political boundaries to tackle a crime that all our constituents are concerned about.
Mark Pritchard (The Wrekin) (Con)
Dyfed-Powys police and Gwent police work closely with West Mercia police on county lines issues, drug running and child trafficking. What is the Government’s view of the comments of Lynne Owens, director general of the National Crime Agency, that more funding is required for county lines issues?
Kevin Foster
I praise West Mercia police for their work to help tackle cross-border crime, particularly around county lines. The Government will always look to provide the powers and resources that the police need to tackle that, but it is also vital that we have joined-up working. It is also right that, as was touched on in the comments, we look to tackle the kingpins of those organisations, not just the street dealers, who we can see most easily.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
If Welsh policing was devolved as is the case in Scotland and Northern Ireland, there would be a £20 million windfall for Welsh policing. Does it not show how bad the England and Wales grant system is that we were better off under the Barnett formula? Is it not time that the British Government dropped their ideological obsession against devolving policing to Wales?
Kevin Foster
I do not recognise the figures that have just been used. As we touched on in answers to two previous questions, crime does not stop at political boundaries. Criminal gangs in the north-west of England target victims in north Wales as much as victims within England. The real political obsession is that of Plaid, which wants to determine things on political boundaries, not on how communities and criminals work.
Tommy Sheppard (Edinburgh East) (SNP)
The Parliamentary Under-Secretary of State for Wales (Kevin Foster)
The Silk commission’s analysis in 2014 concluded that social security, including welfare, should remain non-devolved. This recommendation had cross-party support when it was considered under the St David’s Day process.
Tommy Sheppard
Does not the experience in Scotland, where even a limited devolution of social security powers has allowed the Scottish Government to mitigate the worst excesses of Tory austerity and reduce rates of absolute child poverty, show that devolution works, and is it not time to allow the Welsh Government to design a social security system that fits the character and the aspirations of the people of Wales?
Kevin Foster
I must say that those who look at the social security system and at devolution in Scotland may draw a different picture from that being presented by our separatist colleagues. The reality is that there were a number of powers devolved in the Scotland Act 2016 that their party in Holyrood has decided not to use. I am afraid that those looking at Scotland will come to a very different conclusion from the one that the hon. Gentleman suggests.
David Duguid (Banff and Buchan) (Con)
May I start by welcoming my hon. Friend to his place? As and when welfare powers are devolved, does he agree that it is important that we have devolved Administrations continuing to work with the Department for Work and Pensions to benefit those who most need support, rather than political posturing by those interested in breaking up the United Kingdom?
Kevin Foster
As always, my hon. Friend is right to say that it is time that the SNP-run Government in Holyrood focused more on the job of actually governing than on trying to build constitutional grievances. Yes, it is right that the DWP continues to work with all stakeholders across our United Kingdom to ensure that we provide the support that is needed as part of our welfare system.
Ruth Jones (Newport West) (Lab)
The Parliamentary Under-Secretary of State for Wales (Kevin Foster)
I start by welcoming the hon. Lady to her seat and to her first Wales questions. I am sure that she will be as strong an advocate for her constituents as her predecessor, who was a much valued Member of this place.
The Government are committed to ensuring economic security for people at every stage of their life, including when they reach retirement. There were more than 100,000 claimants in Wales in receipt of pension credit in August 2018.
Ruth Jones
The Older People’s Commissioner for Wales has found that £170 million of pension credit went unclaimed in 2016-17. This is a massive amount of money that could make a real difference to some of the poorest people in Wales. We know that pensioners in Wales are not taking up pension credit, but how are the Government monitoring this to note any recognisable trends, and what are they doing to ensure that pensioners in Wales receive the money that is rightfully theirs?
Kevin Foster
I would be concerned to hear of any person not getting the support that this Parliament has voted for them to have. We are engaging with people who may be eligible for these benefits at pivotal stages, such as when they claim state pension or report a change in their circumstances. We are also looking to work with stakeholders such as Independent Age and Age UK to discuss pension credit take-up across Great Britain. I encourage Members of Parliament to play a role in their constituencies.
Chris Ruane (Vale of Clwyd) (Lab)
Some 120,000 pensioners in Wales live in poverty. Today the Government have worsened their financial position with changes to pension credit for mixed-age couples, which will leave some married pensioners worse off by up to £7,000 a year. Will the Secretary of State meet the shadow Wales team, Citizens Advice Wales and pensioner organisations to listen to the just concerns and grievances of elderly citizens who have paid into the system their entire lives and now feel betrayed and left behind by this Government?
Kevin Foster
I suppose it is somewhat apt that a question on mixed-age couples comes to me—for those who know my own background. This is about balancing fairness between the taxpayers who pay for the pension system and welfare system, and those who need to benefit from it, and we do not believe that this change is unfair. However, we do need to ensure that those who are entitled to pension credit take it up and receive it. I am always happy to meet people to discuss how we can do that.
Ian C. Lucas
Thank you very much, Mr Speaker.
How many pensioners in Wales will lose out as a result of the Tory Government’s hospital pass to the BBC to take away pensioners’ TV licences?
Kevin Foster
The BBC has a strong and good settlement that it actually agreed. When it was last agreed, that settlement included the responsibility for this benefit.