London’s Economic Recovery: Covid-19

Nigel Evans Excerpts

Friday 23rd October 2020 Commons Chamber

[Paul Scully]

My hon. Friend is absolutely right that we must look at this issue. Levelling up around the country and levelling up in London are not mutually exclusive; we can and must do both. That is one of the reasons why, during the pandemic, we have provided an extra £63 million for welfare support through councils. We have also put an extra £9 billion into the benefits system to ensure that families can cope as well as possible in the present situation.

The £200 billion or so that we are putting into the economy is to secure jobs, and help to protect businesses and livelihoods. This Government’s first priority is always saving lives, but close behind is restoring livelihoods, and protecting jobs and people’s futures. We know how long the unwind can be if we do not get that right.

I thank my hon. Friend for giving us the opportunity to speak about the economic recovery in London. Ultimately we will do this by getting to tier 1. It is not the Government’s tier systems that transmit the virus. It is people getting too close; breathing close to people, without a mask; touching people; and not following the rules. We need to follow hands, face and space. Working together and getting back to tier 1 is the best way to recover our economy in London and elsewhere.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I put the Question, I would like to wish all Members and staff here at the House of Commons and Parliament generally to have a very good and restful short recess. I am extremely grateful for all the hard work that they have put in to ensure that our democracy still functions at this particularly difficult time.

Question put and agreed to.

Non-Domestic Rating (Lists) (No. 2) Bill

Nigel Evans Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Tuesday 20th October 2020 Commons Chamber

[Mr Nigel Evans in the Chair]

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I should explain that in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s chair during Committee stages, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. Therefore, I and whoever else occupies the Chair should be referred as Chairs and not as Deputy Speakers.

Clause 1

Compilation of rating lists

Question proposed, That the clause stand part of the Bill.

[The Second Deputy Chairman]

With this it will be convenient to consider clause 2 stand part.

--- Later in debate ---

[Steve Reed]

I will not rehearse my points on the wider issues of local government finance where there is disagreement across the Benches; that is all on the record. I will just welcome this Bill and the changes that it proposes to the system. They are needed, but as has been accepted on all sides, they cannot be a substitute for the much wider changes that will be required to support our high streets through some very difficult times in the months and years to come. In particular, we need to focus on how we support bricks-and-mortar retailers to compete on a level playing field with online retailers if we want our towns, high streets and districts not just to survive, but to thrive long into the future.

Question put and agreed to.

Bill accordingly read a Third time and passed.

[Mr Deputy Speaker (Mr Nigel Evans)]

In order for everybody to leave the Chamber safely and for the main players in the next debate to take their positions, we will suspend the sitting for a relatively brief period. If it is possible to have the Dispatch Boxes sanitised as well, I would be very grateful.

Planning and House Building

Nigel Evans Excerpts

Thursday 8th October 2020 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I want to begin by saying that there are some positive elements in these proposals. The emphasis on a national design code and locally produced design guides is very welcome. Getting local plans in place all over the country is only going to be a benefit, and the idea that we should aim to create more certainty about what is or is not allowed is welcome. Bringing consistency to infrastructure payment values is also positive, but I am afraid that I have some real concerns about some of the proposals, and, more importantly, what is missing from them.

Let us consider infrastructure and the proposed community infrastructure levy. If payments are only made at occupation, how are we going to ensure that infrastructure is there for people from day one? I am sure that most Members here have experienced a situation where three quarters of a new housing estate is built and occupied, but the amenities promised to residents are still nowhere to be seen. We want to encourage more developments, but a lot of small developments could add up to a big impact on communities, so that must not be an absolute get-out.

I am not clear from the proposals whether we are going to fix what I see as a big part of the challenge: deciding how the funds are spent. Look at the NHS, for example. I am afraid that it is all too common for consideration of the NHS to be entirely absent from planning decisions. I am not clear how changing the levy is going to address that. I shared the incredible frustration of residents in my constituency, who saw a housing development approved by the Government despite it being against the local plan and the neighbourhood plan in a local authority with more than a seven-year housing supply. There was not one mention of the NHS in the Government’s decision or the inspector’s original report, despite the fact that Leighton Hospital has seen an incredible increase in demand and attendances at A&E. In fact, a recent decision by the Government around planning said that as long as the NHS has fed into the local plan, that is all that needs to be done to take it into account. That shows a misunderstanding of how the NHS plans for and responds to consultations, and estimates demand locally. I would like to understand more about how these issues are going to be tackled in practical terms.

We must also be frank about the behaviour of the companies involved in the industry. As constituency MPs, we all know that too many big developers do not act in good faith or reasonably, and that they use every possible opportunity, opening or excuse to get their way. Importantly, they can afford to employ entire legal teams purely for the purposes of getting what they want, and they will keep going and going. Local planning authorities need to win their arguments every single time. Developers only need to win once. I want to touch on the suggestion that permission might be given automatically if decisions are taken after a certain length of time; I can see that becoming a favourite of developers, who will target local authorities that are behind the curve.

I recognise the desire to build more homes. That is the right thing in the long term. But my plea to the Government is that our focus should be on what is barely mentioned in the proposals, which is getting build-out rates up and stopping land banking. More than a million homes are available to people through planning permission that has already been given. Why are we going down a route that is likely to cause upset and tear up some local decision making when we could tackle the issue through that existing route?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Sadly, we have to come to the wind-ups now—I apologise to the 28 Members who were unable to get in on this debate. That shows you what an important subject matter it is. With Westminster Hall now being fully operational, perhaps there will be many more opportunities for the Minister to address the concerns of Members.

--- Later in debate ---

[Bob Seely]

I read this morning that this was going to be a traditionalist rant, but actually it has been a very thoughtful debate, as we are trying to balance the needs of constituents and the needs of the environment with new housing. There is a clear message from this House, which I hope the Minister has heard from almost every single Government Member. My hon. Friends the Members for Bury South (Christian Wakeford), for Rutland and Melton (Alicia Kearns), for Mid Norfolk (George Freeman), for East Devon (Simon Jupp), for Totnes (Anthony Mangnall), for North Devon (Selaine Saxby), for Eastbourne (Caroline Ansell) and for Cities of London and Westminster (Nickie Aiken) would also like to state their support for this motion. If we get this wrong, we will do a great deal of harm, not just politically but environmentally, economically and socially. If we get this right, we can do a great deal of good, and I do not think we are there yet. I hope the Government will take that on board. I thank the Minister for his time.

Question put and agreed to.

Resolved,

That this House welcomes the Government’s levelling up agenda and supports appropriate housing development and the Government’s overall housing objectives; further welcomes the Government’s consultation, Planning for the Future, updated on 6 August 2020, as a chance to reform housing and land use for the public good; welcomes the Government’s commitment to protect and restore the natural environment and bio-diversity; and calls on the Government to delay any planned implementation of the changes to the standard method for assessing local housing need proposed by the Government’s consultation, Changes to the Current Planning System, published on 6 August 2020, and Proposal 4 of the Government’s consultation, Planning for the Future, on a standard method for establishing housing requirement, until this House has had the opportunity to hold a debate and meaningful vote on their introduction.

[Mr Deputy Speaker (Mr Nigel Evans)]

We will suspend for three minutes for Members to exit safely and for the sanitisation of the Dispatch Boxes.

United Kingdom Internal Market Bill

Nigel Evans Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

Consideration of Bill, as amended in the Committee

[Mr Deputy Speaker (Mr Nigel Evans)]

I have not selected the recommittal motion in the name of Ian Blackford.

New Clause 4

Objectives and general functions

‘(1) In carrying out its functions under this Part the CMA must have regard to the objective in subsection (2).

(2) The objective is to support, through the application of economic and other technical expertise, the effective operation of the internal market in the United Kingdom (with particular reference to the purposes of Parts 1, 2 and 3).

(3) The following do not apply in relation to the carrying out of the CMA’s functions under this Part—

(a) section 25(3) of the Enterprise and Regulatory Reform Act 2013 (duty to seek to promote competition), and

(b) sections 6(1)(b) (function of giving information or advice to the public) and 7 (provision of information and advice to Ministers etc) of the Enterprise Act 2002.

(4) The CMA may give information or advice to the Secretary of State on matters relating to any of its functions under this Part.’—(Paul Scully.)

This new clause makes provision about the objective to which the Competition and Markets Authority must have regard in carrying out its functions under Part 4, and the application of certain general functions of the CMA in relation to its functions under Part 4. The clause would be inserted after Clause 28.

Brought up, and read the First time.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker]

With this it will be convenient to consider the following:

Government new clause 5—Office for the Internal Market panel and task groups.

New clause 1—Withdrawal Agreement and rule of law duty—

‘(1) An appropriate authority exercising any function to which this Part (Northern Ireland Protocol) applies must—

(a) respect the rule of law;

(b) allow for the possibility of judicial review of an enactment, decision, act or omission by the appropriate authority;

(c) use the provisions of Article 16 of the Protocol to protect the interests of the United Kingdom.

(2) An appropriate authority exercising any function to which this Part applies must comply with the obligations of the United Kingdom under international law.

(3) An appropriate authority exercising any function to which this Part applies must comply with—

(a) the requirement under Article 5 (Good faith) of the Withdrawal Agreement for the EU and the United Kingdom to assist each other in full mutual respect and good faith to carry out the tasks which flow from the Agreement;

(b) the requirement under Article 167 (Consultations and communications within the Joint Committee) for the EU and the United Kingdom to endeavour to resolve any dispute regarding the interpretation and application of the provisions of the Agreement by entering into consultations in the Joint Committee in good faith, with the aim of reaching a mutually agreed solution;

(c) the requirement under Article 184 (Negotiations on the future relationship) of the Withdrawal Agreement for the EU and the United Kingdom to use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration of 17 October 2019 and to conduct the relevant procedures for the ratification or conclusion of those agreements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the transition period;

(d) the requirements of the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom and the Government of Ireland and the other participants in the multi-party negotiations, which is annexed to the British-Irish Agreement of the same date.

(4) An appropriate authority exercising any function to which this Part applies must comply with the Human Rights Act 1998.’

This new clause is intended to replace Clauses 42, 43 and 45 of the Bill, to require Ministers to respect the rule of law and uphold the independence of the courts and the practice of judicial review, and to require UK Ministers to implement the Withdrawal Agreement.

New clause 2—Internal market common framework—

‘(1) The Secretary of State must seek to reach agreement with the Scottish Government, the Welsh Government and the Northern Ireland Executive on a common framework on the United Kingdom internal market.

(2) A common framework under subsection (1) may cover—

(a) the functioning of the United Kingdom internal market;

(b) the effectiveness of market access principles; and

(c) drawing up a shared prosperity fund to balance economic development across the whole of the United Kingdom.

(3) The Secretary of State must take into account the common framework on the United Kingdom internal market in exercising any powers under Part 6 (Financial assistance powers) of this Act.’

This new clause would put the Common Framework process on a statutory footing.

New clause 3—Duty to consult, monitor, report and review—

‘(1) Within three months of the date on which this Act is passed, the Secretary of State must lay a report before each House of Parliament on the dates on which each section—

(a) was commenced; or

(b) is planned to commence.

(2) The Secretary of State must arrange for a review to be carried out within three months of the date on which this Act is passed, and thereafter at least once in each calendar year on the operation of this Act.

(3) The Secretary of State must invite the Scottish Government, the Welsh Government and the Northern Ireland Executive to contribute to the reviews in subsection (1).

(4) The reviews under subsection (1) must make an assessment of—

(a) the functioning of the United Kingdom internal market;

(b) the effectiveness of market access principles;

(c) progress towards agreeing common frameworks with the devolved administrations;

(d) progress towards drawing up a shared prosperity fund framework; and

(e) progress in resolving issues through the Joint Committee machinery in the Withdrawal Agreement.

(5) The Prime Minister must arrange for a report of any review under this section to be laid before each House of Parliament as soon as practicable after its completion.’

This new clause would ensure Ministers have a duty to report back to Parliament on the progress of the functioning of the internal market; market access; progress towards agreeing common frameworks; progress towards drawing up a shared prosperity fund; and progress in resolving issues through the Joint Committee machinery in the Withdrawal Agreement.

New clause 6—Economic development: climate and nature emergency impact statement—

‘(1) Any financial assistance provided under Part 6 of this Act for the purpose of economic development must take into account the overarching need for a sustainable strategy aimed at long- term national well-being.

(2) Every proposal for financial assistance under this Act must be accompanied by a climate and nature emergency impact statement.

(3) Responsibility for the production of the climate and nature emergency impact statement required in subsection (2) resides with the applicant for financial assistance.

(4) Responsiblity for assessment of the climate and nature emergency impact statement required in subsection (2) resides with Ministers, who are required to publish this assessment for any successful proposal.

(5) The climate and nature emergency impact statement produced should take account of any carbon budget, climate, nature and environmental goals approved by the relevant Parliament.

(6) In subsection (5), the “relevant Parliament” means—

(a) where the proposed financial assistance relates to a person in England, the House of Commons and the House of Lords;

(b) where the proposed financial assistance relates to a person in Scotland, the Scottish Parliament;

(c) where the proposed financial assistance relates to a person in Wales, Senedd Cymru;

(d) where the proposed financial assistance relates to a person in Northern Ireland, the Northern Ireland Assembly.’

The intention of this new clause is to ensure that those seeking financial assistance for economic development, etc under this Act are obliged to undertake a climate and nature emergency impact statement to ensure public money is only granted to development consistent with climate, nature and environmental goals and targets.

New clause 7—Northern Ireland’s place in the UK internal market—

‘(1) As part of its obligation under Article 6.2 of the Protocol on Ireland/Northern Ireland to use its best endeavours to facilitate trade between Northern Ireland and other parts of the UK, the UK Government must—

(a) publish an assessment at least every 12 months of any impact on businesses and consumers arising from the Protocol on trade between Great Britain and Northern Ireland and vice versa; and

(b) develop mitigations to safeguard the place of Northern Ireland businesses and consumers in the UK internal market.

(2) The assessment published under paragraph (1)(a) must include assessment of the impact of any actual or proposed regulatory or trade policy divergence on Northern Ireland’s place in the UK Internal Market.

(3) Any official or administrative costs arising from the duties under subsections (1) and (2) may not be recouped from the private sector.’

New clause 8—Interpretation of the Northern Ireland Protocol in accordance with International Law—

‘(1) In the event that the European Union fails to act in accordance with the principles of public international law in its implementation of the Northern Ireland Protocol, by

(a) failing to undertake acts that are required by the provisions of the Northern Ireland Protocol;

(b) committing acts that are not in accordance with the provisions of the Northern Ireland Protocol;

(c) failing to undertake acts that are necessary for the effective implementation of the Northern Ireland Protocol;

(d) asserting positions in the Joint Committee that are not in accord with the provisions of the Northern Ireland Protocol; or

(e) refusing to discuss in the Joint Committee proposals on implementation of the Northern Ireland Protocol tabled by the United Kingdom;

(2) For the purposes of subsection (1), the principles of public international law that may be invoked include—

(a) the provisions of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986, including, in particular,

(i) the need to act in “good faith” and

(ii) the need to avoid results that are “manifestly absurd or unreasonable”;

(b) established international practices, having the status of customary international law; and

(c) the commitments made in the preambular paragraphs of the Northern Ireland Protocol.

(4) A unilateral interpretative declaration issued under subsection (1) may not be submitted unless—

(a) a Minister of the Crown has laid before each House of Parliament

(i) a copy of the proposed declaration,

(ii) a statement on the nature of the dispute with the European Union,

(iii) a statement of the intended effect of the proposed declaration; and

(b) the declaration has been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown; and

(c) a motion for the House of Lords to take note of the declaration has been tabled in the House of Lords by a Minister of the Crown and—

(i) the House of Lords has debated the motion, or

(ii) the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (b).

(5) When a response to the submission of any unilateral interpretative declaration is received from the European Union, a Minister of the Crown shall lay before each House of Parliament the response received from the European Union, and—

(a) in the case of the approval of the declaration by the European Union, the Minister shall issue a written statement confirming that the declaration has obtained the status of an authentic interpretation of the Northern Ireland Protocol;

(b) in the case of opposition to the declaration by the European Union, the Minister shall issue a written statement, assessing any alternative interpretation formulated by the European Union and indicating the government’s intended response; or

(c) in the case of the recharacterisation of the declaration by which the European Union purports to treat the declaration as an illegal reservation, the Minister shall issue a written statement of what action it intends to take to resolve the dispute.

(6) In this section—

“approval”, “opposition” or “recharacterization” of a declaration shall have the meaning given in Guideline 2.9 of the Guide to Practice on Reservations to Treaties, contained in the report of the International Law Commission on its Sixty-Third Session in 2011;

“Joint Committee” means the Joint Committee established under Article 164 of the EU Withdrawal Agreement;

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

“submit” means to make a submission to the depositary of the EU Withdrawal Agreement, as specified in Article 183 of the EU Withdrawal Agreement; and

“unilateral interpretative declaration” means an interpretative declaration as defined by Guideline 1.2 of the Guide to Practice on Reservations to Treaties, contained in the report of the International Law Commission on its Sixty-Third Session in 2011.’

Government amendments 31 and 32, 19, 33 to 38, 20 to 26, and 1 to 11.

Amendment 16, page 37, line 10, leave out Clause 45.

Government amendments 12, 13, 15 and 14.

Amendment 18, page 38, line 36, leave out Clause 46.

Amendment 29, page 39, line 27, leave out Clause 47.

Government new schedule 1—Constitution etc of Office for the Internal Market panel and task groups.

Amendment 17, in schedule 1, page 48, line 14, at end insert—

‘(8A) In the case that there is one REACH authorisation process for Great Britain, an authorisation that is lawful for the Northern Ireland market will be valid for the Great Britain market.’

The intention of this amendment is to apply the non-discrimination principle to the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regime.

Government amendments 27 and 28.

Amendment 30, in title, line 7, leave out from “aid” to “to” in line 10.

Amendments 18 and 29 would remove both clauses in Part 6 (Financial assistance powers). This consequential Amendment removes from the long Title “to authorise the provision of financial assistance by Ministers of the Crown in connection with economic development, infrastructure, culture, sport and educational or training activities and exchanges”.

[Paul Scully]

It is a pleasure to serve under your chairmanship, Mr Deputy Speaker. I want to begin by thanking all Members for their engagement throughout the passage of the Bill and the Public Bill Office for its excellent work in supporting Members and officials.

Before I turn to the specific amendments that we are debating, I want to briefly remind Members why it is crucial that we pass this Bill. Around 60% of Scottish and Welsh exports are to the rest of the UK, which is around three times as much as exports to the rest of the EU. About 50% of Northern Ireland’s sales are to Great Britain. In some local authorities in Wales, over a quarter of workers commute across the border. When we leave the transition period at the end of this year, laws made in Europe can be made in the UK.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I wish to inform the House that I shall call the Minister at 6 pm to respond to this lengthy debate in five minutes, and then the questions will be put.

[Kirsten Oswald (East Renfrewshire) (SNP)]

This Bill is shameful and the Conservative party is shameless. The Bill is misconceived, ill-advised and designed to wholly override any notion of devolution. The Welsh Government have described it as

“an affront to the people of Wales, Scotland and Northern Ireland, who have voted in favour of devolution on numerous occasions.”

The Bill seeks to break international law and to break devolution.

One of the many vexing things about this brazen, law-breaking, power-grab Bill is when the UK Government try to suggest it is not so or that there is nothing to be concerned about, as if we should just disregard clear, undisputable facts. Just look at clause 46: it is a mucky muckle power grab. Plainly, the UK Government either know perfectly well what they are doing and they are intent on breaking international law, undermining the Northern Ireland protocol and stripping powers away from the devolved Administrations, or they are utterly and shamefully incompetent. It has to be one of those two things, or perhaps both. What it cannot be, and what is frankly an insult to the intelligence of people watching this charade in Scotland, is the nonsense that some Conservative Members engage in when they suggest that, despite all the evidence to the contrary, their UK Government is somehow exceptionally above international law. That is the dangerous exceptionalism that sits at the heart of the Bill and that is what lies behind their plans to break international law and ride roughshod over the devolved Governments.

We will all suffer for it if the UK Government have their way, because—look at clause 48—these plans open the door to their race to the bottom, to bargain-basement Britain. That is regardless of the many voices calling for them to change tack—the Scottish Government, the Welsh Synod, the Northern Irish Assembly, the General Teaching Council for Scotland, the NFUS, the STUC, former Prime Ministers and the Chair of the Public Administration and Constitutional Affairs Committee. I could go on all night. In the eyes of the UK Government, they are all wrong. I am afraid that is not credible. This Trumpian truth-twisting is all part of their plan to ride roughshod over the law, the Sewel convention and Scotland’s ability to make the decisions that are right for the people of Scotland. Of course, that holds for Wales and it holds for Northern Ireland, as we heard last week when we were discussing part 5.

I have not agreed with the right hon. Member for Maidenhead (Mrs May) on many occasions, but she hit the nail on the head last week when she called the UK Government out on their disregard for law and good faith. This UK Government cannot be trusted. They cannot be trusted on Scotland, on devolution, on standards and on upholding international law. In fact, the Bill shows they cannot be trusted at all. It is no wonder that the Scottish Government are unable to recommend legislative consent.

We were told that we should lead, not leave, that we are a partnership of equals. Actions speak louder than words, and the actions of this reckless UK Government speak loudly and clearly of the pressing need for Scotland to steer another course as far away from the direction of the UK Government as possible.

--- Later in debate ---

[Taiwo Owatemi (Coventry North West) (Lab)]

I am pleased to be able to contribute to the debate.

This House and all our constituents were promised an oven-ready deal. Now, it seems as though the Government are not only failing on that promise, but increasingly showing that there was nothing in the oven at all. Britain’s greatness is built on our values and the fact that we have long stood up for the rule of law. However, the Bill represents the disregard of an international treaty the Prime Minister himself personally negotiated and signed up to. If the UK Government can break international laws with their former friends and allies, what will they do to others? Is that the basis and dreadful reputation on which we are seeking to negotiate and agree trade deals with others?

The Government promised to get Brexit done and indeed they should: not by any means necessary, but with the strongest protections in place for my constituents in Coventry North West and for constituents across the UK; and not through a no-deal Brexit, which would decimate jobs and businesses across the country, causing untold harm to our own communities. We need a Brexit deal that will protect jobs and safeguard our health and social care sector. Research from the University of Sussex estimates that the failure to secure a Brexit deal would reduce exports in the manufacturing industry by up to 20% and reduce jobs. The Prime Minister promised to protect our manufacturing industries, which are crucial to our economy and any recovery we hope to see in Coventry. Even a former member of his own Government, Margot James, appealed to the Government to support manufacturers in Coventry, which are already strained by the coronavirus pandemic. How can the Prime Minister safeguard jobs and commit to job creation in manufacturing in my constituency if he is committed to selling the UK short on delivering a Brexit that my constituents are proud of?

Coventry North West and the west midlands in general stand to lose the most from the Government playing fast and loose with both UK and international law. A University of Oxford study found that car production could halve by the middle of the next decade if the UK crashes out of the EU with no deal. We are already losing manufacturing jobs in Rolls-Royce Annesley, so what is next? We have so many thriving small businesses in Coventry North West, but the Bill does not serve them and makes a catastrophic no-deal Brexit more likely. Nor does it serve our health and social care sector, and my caseload attests to the fact that the Government do not have their eye on the ball. Breaking international law will severely impact the UK’s ability to negotiate trade agreements with countries that set a higher bar, as well as to protect the health sector and public health in the UK and to enhance health globally.

Despite what the Government would like people to think, Labour wants a Brexit deal negotiated so that we can press ahead with tackling issues such as the coronavirus, securing important trade deals—

[Mr Deputy Speaker (Mr Nigel Evans)]

I am terribly sorry, Taiwo. We have to move on.

[Paul Scully]

I thank everybody who has spoken in the debate, and I once again thank all right hon. and hon. Members who have engaged with the Bill during its stages. This is likely to be my last contribution on this particular Bill—[Hon. Members: “More!”] I know, but I only have five minutes, and I want to pay tribute to my colleagues, the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), and the Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker), who have played an amazing role and worked so hard. I also pay tribute to my Bill team—Jon Robinson, Jeff Yen, Satchi Mahendran, Dom Entwistle, Henry Hutton, Phoebe Gould, Dominic Bull, James Frisby and, in my private office, Ollie Benbow-Wyke.

Those of us on the Government Benches have heard and participated in the passionate debates on the Bill during the past two weeks, and I pay tribute to all their considered contributions. My right hon. and hon. Friends have made some impassioned speeches about the need for business certainty and about why the Union is so much better together than apart.

The debates have obviously been passionate, because of the importance of the Bill, but some of the other speeches in this Chamber today, and on some of the Committee days, have been somewhat circular. We have heard that there will apparently not be a US trade deal, but that we will get chlorinated chicken. We have heard that we love devolved spending, but that we would rather it be done from Brussels. We have heard people celebrating 62 countries having left the UK at various points in their recent history. Not one of those has the UK pound or wanted to join a bigger political union such as—oh, I don’t know—the EU, for example.

None the less, we want to make sure that we can get on with the Bill, because it is so important to continuing to provide certainty for businesses as we seek to recover from covid-19, prepare for the opportunities after the transition period and protect jobs. The Bill will ensure UK businesses can trade across our four home nations in a way that helps them invest and create jobs, just as they have for hundreds of years. We will do that in a way that supports and enables one of the largest transfers of power in the history of devolution, while maintaining that certainty for businesses. That will be done in a way that preserves our high standards, whether environmental, food or animal welfare, and in any number of other areas. It is therefore crucial that we pass this Bill, and I commend it to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I put the question, there are likely to be Divisions, so, please, will only Front Benchers go out through the door in front of me? All Back Benchers must leave behind me, go down to Westminster Hall and join the queue. I am going to ask the Doorkeepers and the Whips to enforce that strictly, because we have to have social distancing.

I apologise to the seven MPs who were unable to get in. If anybody wishes to withdraw from Third Reading, please come and see me during the Division.

Question put and agreed to.

New clause 4 accordingly read a Second time, and added to the Bill.

New Clause 5

Office for the Internal Market panel and task groups

“(1) The CMA may authorise an Office for the Internal Market task group constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 to do anything required or authorised to be done by the CMA under this Part (and such an authorisation may include authorisation to exercise the power conferred on the CMA by this subsection).

(2) Schedule (Constitution etc of Office for the Internal Market panel and task groups) contains provision about the Office for the Internal Market panel and Office for the Internal Market task groups.” —(Paul Scully.)

This new clause enables functions of the Competition and Markets Authority under Part 4 to be carried out on the authority’s behalf by Office for the Internal Market task groups constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013: see NS1. This new clause would be inserted after Clause 28.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Withdrawal Agreement and Rule of Law Duty

‘(1) An appropriate authority exercising any function to which this Part (Northern Ireland Protocol) applies must—

(a) respect the rule of law;

(b) allow for the possibility of judicial review of an enactment, decision, act or omission by the appropriate authority;

(c) use the provisions of Article 16 of the Protocol to protect the interests of the United Kingdom.

(2) An appropriate authority exercising any function to which this Part applies must comply with the obligations of the United Kingdom under international law.

(3) An appropriate authority exercising any function to which this Part applies must comply with—

(a) the requirement under Article 5 (Good faith) of the Withdrawal Agreement for the EU and the United Kingdom to assist each other in full mutual respect and good faith to carry out the tasks which flow from the Agreement;

(b) the requirement under Article 167 (Consultations and communications within the Joint Committee) for the EU and the United Kingdom to endeavour to resolve any dispute regarding the interpretation and application of the provisions of the Agreement by entering into consultations in the Joint Committee in good faith, with the aim of reaching a mutually agreed solution;

(c) the requirement under Article 184 (Negotiations on the future relationship) of the Withdrawal Agreement for the EU and the United Kingdom to use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration of 17 October 2019 and to conduct the relevant procedures for the ratification or conclusion of those agreements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the transition period;

(d) the requirements of the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom and the Government of Ireland and the other participants in the multi-party negotiations, which is annexed to the British-Irish Agreement of the same date.

(4) An appropriate authority exercising any function to which this Part applies must comply with the Human Rights Act 1998.’ —(Lucy Powell.)

This new clause is intended to replace Clauses 42, 43 and 45 of the Bill, to require Ministers to respect the rule of law and uphold the independence of the courts and the practice of judicial review, and to require UK Ministers to implement the Withdrawal Agreement.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before we come to new clause 6, I remind Back Benchers to leave behind me and Front Benchers in front.

New Clause 6

Economic development: climate and nature emergency impact statement

“(1) Any financial assistance provided under Part 6 of this Act for the purpose of economic development must take into account the overarching need for a sustainable strategy aimed at long- term national well-being.

(2) Every proposal for financial assistance under this Act must be accompanied by a climate and nature emergency impact statement.

(3) Responsibility for the production of the climate and nature emergency impact statement required in subsection (2) resides with the applicant for financial assistance.

(4) Responsibility for assessment of the climate and nature emergency impact statement required in subsection (2) resides with Ministers, who are required to publish this assessment for any successful proposal.

(5) The climate and nature emergency impact statement produced should take account of any carbon budget, climate, nature and environmental goals approved by the relevant Parliament.

(6) In subsection (5), the ‘relevant Parliament’ means—

(a) where the proposed financial assistance relates to a person in England, the House of Commons and the House of Lords;

(b) where the proposed financial assistance relates to a person in Scotland, the Scottish Parliament;

(c) where the proposed financial assistance relates to a person in Wales, Senedd Cymru;

(d) where the proposed financial assistance relates to a person in Northern Ireland, the Northern Ireland Assembly.” —(Caroline Lucas.)

The intention of this new clause is to ensure that those seeking financial assistance for economic development, etc under this Act are obliged to undertake a climate and nature emergency impact statement to ensure public money is only granted to development consistent with climate, nature and environmental goals and targets.

Brought up.

Question put, That the clause be added to the Bill.

Public Interest Disclosure (Protection) Bill

Nigel Evans Excerpts

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (SNP)]

It is truly an honour to speak in support of this private Member’s Bill, promoted by my hon. Friend the Member for Central Ayrshire (Dr Whitford). The Bill speaks to her unimpeachable ethics, her integrity and her humanity.

When I became a Member of this place, the thing that impressed me most was not the grandeur of the building, the pomp and ceremony of the proceedings or even the walls steeped in history. It was the independent complaints and grievance scheme, which struck me as exactly the way that staff everywhere should be supported and how those who have transgressed should be held to account. In the world of work beyond this place, that is a distant luxury that no worker currently enjoys, and that injustice must be addressed.

The Bill sets out a broad context of applicability, but I would like to focus on power and the abuse thereof. We all abhor violence and abuse in the home, where power relationships cause so much damage to victims and can restrict the life chances of children raised in such a toxic environment. When the power explicitly rests in the hands of superiors, abuse of that power can be every bit as damaging as the abuse and coercion that is ubiquitous in domestic violence. As a consequence, people have their professional career and sense of self destroyed. They carry a trauma and are forever changed. Some find the personal resilience to build a new life, whereas others take their own lives.

Organisations are able to muster the full might of their HR department and legal services to defend the indefensible. Executive colleagues can corral and cover for one another, forever silencing the victim of a non-disclosure agreement and thus locking them in a mental jail in perpetuity, with no recourse to true justice. That is nothing short of abuse, and in my view it should have equal criminal standing with domestic violence. The power that is handed to executives demands great responsibility, and it should never be possible for the resources of high office to be improperly used to cover up for the failings or abusive criminality of those in charge.

This Bill provides an avenue to hold power to account in a fair and balanced way. It is not loaded on one side or the other, but it sends a clear message to those who would abuse power to their own ends that they, like the right hon. and hon. Members of this place, are subject to principles of independent fairness.

That brings me back to my opening comments about my esteemed and hon. Friend the Member for Central Ayrshire and her personal qualities of unimpeachable ethics, integrity and humanity. Surely those are qualities that we all seek to embody and would wish this place to unequivocally stand for. In that spirit, I beg this Bill be supported at Second Reading.

[Mr Deputy Speaker (Mr Nigel Evans)]

It may be appropriate now to hear from both Front Benches and, should time permit, we will continue with the debate.

United Kingdom Internal Market Bill

Nigel Evans Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Paul Scully]

Exactly. As my hon. Friend knows, it has none. Importantly, as we bring back power from the EU to the UK Government, we will work to pass on many, many powers to the devolved legislatures, whether it is the Scottish Parliament, the Welsh Assembly or the Northern Ireland Assembly. They will be getting powers, and we will all work together as the UK to give businesses the continuity that they need with our UK internal market.

[The Second Deputy Chairman]

I have several pages of amendments and clauses that I will put before the House. At this stage, may I reiterate the Speaker’s stricture? I will do this now, and I will do it again before the vote, but people are normally already moving when we do this just before the vote, and nobody is moving at the moment, so I have a captive audience. I therefore use this time to re-emphasise that if Divisions take place on any of the clauses, new clauses or amendments, the Front Benchers can go towards the exit in front of me to vote and use the card readers. Let us hope that they are working this time; they should be. Everybody else, please—calmly and with social distancing—leave through the exit behind me and make your way towards Westminster Hall, where you will do a socially distanced conga towards the Division Lobbies to present your cards to the readers. I hope that that is understood.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

The mutual recognition principle for goods

Amendments made: 90, page 2, line 6, leave out paragraph (b) and insert—

“(b) can be sold there without contravening any relevant requirements that would apply to their sale,”

The amendment makes a drafting correction to clause 2(1)(b) to cater more clearly for relevant requirements that take the form of a prohibition. The new wording means that the previous reference in parenthesis to a case where there are no relevant requirements is no longer necessary.

Amendment 91, page 2, line 15, leave out from “can” to end of line 17 and insert

“be sold by auction in the originating part without contravening any applicable relevant requirements there”.—(Michael Tomlinson.)

The amendment makes clause 2|(2) conform to the wording of clause 2)1)(b) as amended by Amendment 90.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3 to 10 ordered to stand part of the Bill.

Schedule 1

Exclusion from market access principles

Amendments made: 5, page 42, line 5, leave out from “The” to “not” on line 6 and insert

“United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do”.

This amendment means that measures aimed at preventing the spread of pests or diseases are capable of being excluded from the non-discrimination principle for goods (as well as the mutual recognition principle for goods).

Amendment 6, page 42, line 26, at end insert—

“(6A) In determining whether the fifth condition is met the following consideration is to be taken into account: whether the legislation, taken together with any similar legislation applying in the restricting part, imposes measures of similar severity in response to threats of similar severity arising from the potential movement of the pest or disease into, or within, the restricting part (wherever those threats originate).”

This amendment means that, in assessing whether a measure aimed at preventing the spread of pests or diseases can reasonably be justified as necessary, account will be taken of whether similar threats are addressed with similar severity.

Amendment 7, page 45, line 2, at end insert—

“Fertilisers and pesticides

8A The mutual recognition principle for goods does not apply to (and section 2(3) does not affect the operation of) any of the following—

(a) a prohibition or condition imposed in accordance with Article 15(1) of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, as it forms part of retained EU law;

(b) regulations under section 74A(1) of the Agriculture Act 1970, to the extent that such regulations can reasonably be justified as a response to a risk to—

(i) the health or safety of humans, animals or plants, or

(ii) the environment.

8B The mutual recognition principle for goods does not apply to (and section 2(3) does not affect the operation of) any of the following—

(a) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (etc), as it forms part of retained EU law;

(b) the Plant Protection Products Regulations 2011 (S.I. 2011/2131);

(c) the Plant Protection Products Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 295).”—(Michael Tomlinson.)

This amendment excludes certain measures in relation to fertilisers and pesticides from the operation of the mutual recognition principle for goods.

Schedule 1, as amended, agreed to.

Clauses 12 and 13 ordered to stand part of the Bill.

Clause 14

Interpretation of other expressions used in Part 1

Amendments made: 93, page 8, line 38, after “thing” insert

“(including any packaging or label)”.

The amendment clarifies that “goods” for the purposes of Part 1 includes their packaging and any label attached to them.

Amendment 94, page 8, line 41, leave out

“significant regulated step in their production”

and insert

“significant production step which is a regulated step”.

The amendment, with Amendment 95 clarifies the rule for determining whether goods have been produced in a part of the United Kingdom for the purposes of Part 1.

Amendment 95, page 9, line 1, leave out subsection (4) and insert—

“(4) A production step occurring in a part of the United Kingdom is “regulated” for the purposes of subsection (3) if —

(a) it is the subject of any statutory requirement in that part of the United Kingdom, or

(b) it is a step that could materially affect a person’s ability to sell the goods without contravening—

(i) any relevant requirement for the purposes of the mutual recognition principle for goods, or

(ii) any statutory requirement that is excluded from being a relevant requirement by section 4(1),

that would be applicable to a sale of the goods in that part of the United Kingdom (being a sale of a kind for which the goods are being produced).

(4A) A production step is “significant” for the purposes of subsection (3) if it is significant in terms of the character of the goods being produced and the purposes for which they are to be sold or used (but see subsections (4B) and (4C)).

(4B) A production step falling within any of the following descriptions is not significant (whether or not it is regulated)—

(a) activities carried out specifically to ensure goods do not deteriorate before being sold (such as maintaining them at or below a particular temperature);

(b) activities carried out solely for purposes relevant to their presentation for sale (such as cleaning or pressing fabrics or sorting different coloured items for packaging together);

(c) activities involving a communication of any kind with a regulatory or trade body (such as registering the goods or notifying the goods or anything connected with them or their production);

(d) activities carried out for the purpose of testing or assessing any characteristic of the goods (such as batch testing a pharmaceutical product).

(4C) A production step involving the packaging, labelling or marking of goods is not significant (whether or not it is regulated) unless the step is fundamental to the character of the goods and the purposes for which they are to be sold or used.”

The amendment explains terms used in clause 14(3) as amended by Amendment 94.

Amendment 92, page 9, line 27, at end insert—

“(10) “Contravening” includes failing to comply.”—(Michael Tomlinson.)

This drafting amendment ensures that references to contravening a relevant requirement cover a failure to comply with such a requirement (for example a failure to comply with a condition).

--- Later in debate ---

Bill to be considered tomorrow.

[Mr Deputy Speaker (Mr Nigel Evans)]

Amendments and new clauses to be moved on Report may now be tabled. Members should table them through the Public Bill Office inbox: [e-mail].

[Sir Desmond Swayne (New Forest West) (Con)]

On a point of order, Mr Deputy Speaker. Some of the orders that we are about to deal with are quite dated, but I assume that they have been debated in a Committee upstairs. They touch on very intimate parts of our liberty and our choice. Is there any protocol on the circumstances in which they could be debated on the Floor of the House, rather than upstairs in a Committee stitched up by the Committee of Selection?

[Mr Deputy Speaker]

The default procedures of the House, as the right hon. Member knows, are designed such that these measures are not debated on the Floor of the House. Of course, any Committee stages upstairs could have been attended. If any of these measures do not quite fit with his understanding as to what is acceptable, he is able to shout “Object”. I will take that objection, and he will have the opportunity to have his name recorded in a deferred Division tomorrow.

[Sir Christopher Chope (Christchurch) (Con)]

Further to that point of order, Mr Deputy Speaker. I want to raise the issue of the inconsistency between quite a few of these remaining orders. Because of the delay in introducing these orders, some of them amend orders that are earlier on the Order Paper. We know that members of the public find it increasingly difficult to comprehend the changing scene of regulation on criminality and restriction of liberty. Surely if a regulation is amended by a subsequent statutory instrument, there should not be a need for the original statutory instrument to be approved by the House. For example, there are two separate statutory instruments relating to the north of England, one dated 25 August and one dated 2 September, and they are inconsistent with each other. Can you explain the reason for this confusion? Would it not be much better if—as I thought the Government had already promised—every regulation brought forward was debated at the earliest opportunity, before the Government had a chance to change their mind?

[Mr Deputy Speaker]

Sir Christopher, you have made your point very well, and my advice is the same as I gave to Sir Desmond: if there are any of these orders that you are opposed to, please feel free to shout “Object”, and I will take the objection and there will be a deferred Division tomorrow. I have absolutely no doubt whatever that in this very fast moving situation that we find ourselves in—we had a statement today—there will be other statements made in this House over the coming days, weeks and months that will give opportunities for Members to question Ministers, Secretaries of State and, indeed, the Prime Minister, as they had the opportunity to do today. I have no hesitation about that happening whatever. I will put the motions on public health now, and then, as I say, I will take any deferred Divisions and objections.

United Kingdom Internal Market Bill

Nigel Evans Excerpts

Tuesday 15th September 2020 Commons Chamber

[Drew Hendry]

Mr Evans, it is a pleasure to serve under your chairmanship. I must admit I am still reeling somewhat from the irony of the Government opposing amendment 29 on the basis of political intrusion.

We have heard today from those who support independence and from those who are diehard Unionists in this Chamber. We have heard the concerns of the Welsh Government. Can I say that it is not a manufactured grievance to have these concerns from the Welsh Government, because they are genuine concerns? But that is true for Scotland, too. These are not manufactured problems; these are real-world problems.

I have to say that the Labour Front-Bench speech was warmly welcomed by those on the Conservative Benches today. The party that brought devolution in—the party of John Smith—undermining devolution in the way it did during that speech deserves some proper reflection.

In this debate, we have heard some warm words, but again, we have had absolutely no detail on how this is actually going to be protecting devolution. It is not. We have had no detail on the Office for the Internal Market. Who is going to be in that unelected body? How can we vouch for the integrity of anybody when we do not know who is going to be on that body and who is going to elect them—or who is going to appoint them, I should say?

The Minister talked about alcohol minimum pricing, which by definition is a discriminatory policy in Scotland. How can that possibly be protected under these measures? It cannot be. If we choose in Scotland and if the Scottish people vote for policies aimed at public health that cause the problem, the Bill still undermines the ability to do that.

The Government are determined to continue with their programme of overriding the Scottish Parliament and its elected representatives, and this underlines the fact that Scotland will never be seen as an equal member of the UK. We do not accept this. The people in Scotland are saying, and it is reported in poll after poll, that the only way to protect our Parliament is to be an independent nation.

Mr Evans, I press our amendment 28.

Question put, That the amendment be made.

The Committee proceeded to a Division.

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Will all non-Front Benchers leave the Chamber behind me, please, and then join the queue in Westminster Hall? Remember to socially distance please as you leave. Thank you very much.

Unpaid Work Experience (Prohibition) (No. 2) Bill

Nigel Evans Excerpts

2nd reading & 2nd reading: House of Commons
Friday 11th September 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

The Minister has indicated that he would like to speak next. That does not end the debate. Should he sit down before 2.30 pm, other Members will be called.

Corporate Insolvency and Governance Bill

Nigel Evans Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Thursday 25th June 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this we may take Lords amendments 2 to 116.

[Paul Scully]

The Corporate Insolvency and Governance Bill has been a demonstration of what can be achieved in the best interests of businesses, jobs and the country’s economic future when there is collaborative work across both sides of the House. I am grateful to hon. and right hon. Members for the constructive way in which the Opposition have engaged with the Bill, both in this House and the other place.

Over the past three months, this country has faced the unprecedented hardship of needing to adhere to stringent social distancing measures due to the covid-19 pandemic, where Government had no choice but to order businesses to close their doors to safeguard the nation’s health. We recognise the huge sacrifices that has entailed, and my right hon. Friend the Chancellor has provided unprecedented economic support to businesses and workers across the country to help them make it through this challenging time.

Some UK businesses have been hit hard, with many unable to trade or facing a significant short-term reduction in demand for goods and services. As a result, many otherwise viable companies face the threat of insolvency.

--- Later in debate ---

[Paul Scully]

I am grateful to the hon. Gentleman. Clearly, these are all things that we will continue to look at.

The hon. Gentleman talked about the hospitality sector. Let me reassure him that the Government recognise that this sector is particularly hard hit by closure. I have regular conversations with representatives of the hospitality sector, including, most recently, only yesterday. They were very pleased and optimistic about the fact that we have now been able to change the rules within England and start giving them the certainty that they need to reopen. I look forward to successful reopening in England and, in time, in Scotland as well. It is so important that we work with the hospitality sector. The three winters issue that he described has been raised with me and I do appreciate it.

This shows the interlinking of the economy. I also hold the position of Minister for London. The hon. Member for Richmond Park (Sarah Olney) talked about culture. With regard to the hotel sector in London, people do not tend to go to a hotel just to sleep in another bed—they come, they sleep and they go because of the theatres, the restaurants and the culture around the area. It is therefore important that we get each of these sectors up and running. That is why we have these frequent discussions and work as collaboratively as we can. That also gives us the understanding we need in order to inform our support. A range of hospitality bodies and companies were consulted on the safer workplaces guidance, for example.

The hon. Member for Richmond Park talked of striking a balance, which is what we have tried to do in this Bill. I am grateful to her colleagues for making the point so clearly that measures are needed for longer. I hope she will agree that the Government have taken on board those concerns. She also spoke about the theatre sector. I know the Orange Tree. I tend to know the Orange Tree pub next door a little bit better than I do the theatre, but I know the great work that it does in the community. I will take her concerns back to colleagues.

Let me take this opportunity to thank the House of Commons Public Bill Office and the House Clerks for ensuring that this vital piece of legislation could be expedited through the House and consequently come into force as a matter of urgency. The support they have provided has been invaluable. I thank the officials who have brought this legislation into existence: my Bill team of Andy Ormerod-Clarke, Muneera Lula, Jess Bradbury, James Roddy and Alice Roycroft. All those in the teams in BEIS and the Insolvency Service—there are too many mention—have worked tirelessly, across weekends and in the evenings, to make sure that we could bring this to bear as quickly as possible. I want to mention the lawyers who have worked day and night, some of them with very young children, to draft this legislation: in particular, Jo Ashida, Denise Fawcett, Samihah El-Gindy, David Anderson, and our lead parliamentary counsel, Diggory Bailey.

I pay tribute to the policy leads, some of whom have worked in this area for many years, and who have worked with outside experts to make sure that we had the measures right: Steve Chown, Simon Whiting, Laura Bardsley, Rob Mak and many, many more. Colleagues from HMT, the Department for Digital, Culture, Media and Sport, the Ministry of Housing, Communities and Local Government and the DWP have also been invaluable. I pay tribute to all the organisations and representatives of businesses, consumers, workers, shareholders, investors and insolvency experts who have engaged with us in developing these proposals.

I conclude by mentioning those for whom this Bill is intended: the millions of business owners up and down our country who are keeping Britain moving. I say to them: please keep it up. Let us keep moving and let us bounce back our economy as and when the limitations and the restrictions are lifted.

Lords amendment 1 agreed to.

Lords amendments 2 to 116 agreed to.

[Mr Deputy Speaker (Mr Nigel Evans)]

I am sure we all wish baby Cameron Hendry the very best of health and luck for the future.

I suspend the House for three minutes.

Westferry Printworks Development

Nigel Evans Excerpts

Wednesday 24th June 2020 Commons Chamber

[Nadia Whittome]

I am afraid there is no time.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am afraid we have to move on.

--- Later in debate ---

[Sarah Jones (Croydon Central) (Lab)]

I gently remind Conservative Members that in the past 10 years of Tory austerity rough sleeping has seen extraordinary increases. Fewer social homes were built last year than at any time since the second world war, and the Grenfell fire atrocity revealed a huge issue with bad buildings. Numerous blocks with Grenfell-style cladding are still in place three years after the Grenfell fire. I just ask Conservative Members to take care with the attacks that they make, because they do not have a record to stand on.

Last week I asked the Secretary of State if he knew, when he signed the planning consent for Westferry, that the very next day the new levy would come into effect, which would have cost the developers tens of millions of pounds. The Secretary of State said that that was a matter of public record.

In the ministerial code published last year, the Prime Minister said that to

“win back the trust of the British people, we must uphold the very highest standards of propriety…no actual or perceived conflicts of interest.”

The code goes on to say that it

“should be read against the background of the overarching duty on Ministers to comply with the law”.

The Secretary of State has admitted that his decision was unlawful.

The code says:

“It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity.”

The Secretary of State told us that he advised the applicant that he was not able to discuss the issue. He now implies that he watched a video about it, and he has not qualified the facts.

The code says:

“Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest”.

The Secretary of State has only today, after several weeks, said he will publish some papers after the debate.

The code says:

“Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.”

The Secretary of State has admitted that a fair-minded person would conclude that his decision was biased in favour of the developer.

The code says:

“Ministers must not use government resources for Party political purposes”.

Richard Desmond gave the Conservatives a large donation shortly after the Secretary of State made his decision. We think that the Secretary of State has admitted that he watched the promotional video, although he was unclear, and the rules on the Secretary of State’s decision making in planning state:

“Privately made representations should not be entertained unless other parties have been given the chance to consider them and comment.”

We cannot legislate for integrity, but surely we can ask the Secretary of State to tell us whether he watched the video, did he tell his officials the next day, and does he now think—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

The hon. Gentleman should be seated by 3.42 pm.

[Shaun Bailey]

In that case, I reiterate that I will keep my comments short—I have no choice. This is a personal one for me because, as I have said before, I know what it is like to be in social housing and need it. I know what it is like to fear for your life, when you think that you are going to die, because your dad is going to come and kill you. I know what it is like to languish on Labour’s housing list for 12 months and have to live off sofas—sofa surfing at five years old—and watch your mother cry her heart out because she cannot get a home because there are not enough of them. They have the gall to lecture and pander about housing lists. How dare they?

The reality is that we could have talked today about how we revolutionise our planning system, how we ensure that kids like that do not have to fear for the future and how we truly level up, but instead all that seems to have happened is a smear on my right hon. Friend the Secretary for State. It is an absolute disgrace.

--- Later in debate ---

[Christopher Pincher]

I will answer the question that I think the hon. Gentleman is about to ask and save him the trouble. In the last three years, there have been 26 challenges made to Ministers. Of those, 16 were withdrawn or successfully defended, eight were conceded or lost, and two are yet to be concluded.

On the question that many Members have raised regarding the meetings between my right hon. Friend and Mr Desmond, it is a matter of public record that the Secretary of State met the scheme’s proposer, the chairman of Northern & Shell, in November 2019. Ministers meet many people in the course of their duties —it has even been known for shadow Ministers occasionally to get out of the bubble and meet people—and my right hon. Friend has made it clear that that meeting was not planned. He did not discuss the case; Mr Desmond himself has said that. Indeed, my right hon. Friend advised his officials of Mr Desmond’s approach and of his own response, and at no time were his officials advising him that he should recuse himself from this matter.

I am sure that Mr Desmond is a very effective businessman, and I am sure that he is honestly and sincerely determined to see more homes built. I do not know Mr Desmond. I have not met him, but the Mayor of London has met him; he has been to dinner with Mr Desmond, yet has Sadiq Khan being arraigned before the north Croydon magistrate to answer his case? The Mayor of London took money from a Manchester tycoon who was prosecuted for putting people’s lives at risk—putting people’s lives at risk! Is the Mayor at risk of the wrath of the people’s tribunal sitting on the Opposition Front Bench? It does not appear so.

What about the right hon. Member for Tottenham (Mr Lammy), who enjoyed, apparently, a cosy Christmas chez Desmond? Will he be dragged before the Starmer “star chamber” to answer for any potential indiscretions he may have had over the turkey and the trimmings? The Leader of the Opposition, the former Director of Public Prosecutions, is remarkably silent on this matter: not a jot or tittle do we hear from him. There they sit, po-faced and prim, as if butter would not melt in their mouths, yet on housing their crimes are such that they should be blushing to the core; they should be as red in their face as they are in tooth and claw.

This House, the Gallery and the public, in so far as they are watching, can see this for what it really is: a tawdry charade to distract attention from their own party’s lamentable failure to decide the Westferry case themselves when they could have done so, and the dismal failure of the Mayor of London to build the homes that Londoners want and need. The crime, if there is one, is the failure of Sadiq Khan to build in four years what my right hon. Friend the Prime Minister built in two years—his failure to deliver more than 322 homes on TfL land when he promised to deliver 10,000, a risible 3% success rate on his pledge. The truth is that they do not like the truth; they cannot handle the truth, and it is because of that failure that they have tabled this spurious motion today.

We make no apology for our bold ambition to build the homes that this country needs. My right hon. Friend and this Government were elected on a mandate to build a million new homes in this Parliament, and that is what we are going to do. We will build more affordable homes and boost the housing supply so that it comfortably meets and beats growing demand. We were elected on a mandate to champion and take up brownfield sites, so that neglected and abandoned land can be transformed into homes for people.

Let us be in no doubt that the Westferry Printworks development would have created hundreds of new, affordable homes, which would have helped our nation’s capital. We will build and build, and build again, to back the people who need homes in this country and in London. We will build for Britain as we emerge from this pandemic. The Secretary of State stands four-square behind that commitment, and we stand four-square behind him.

Question put and agreed to.

Resolved,

That an Humble Address be presented to Her Majesty, that she will be graciously pleased to give a direction to Her Ministers to provide all correspondence, including submissions and electronic communications, involving Ministers and Special Advisers pertaining to the Westferry Printworks Development and the subsequent decision by the Secretary of State to approve its planning application at appeal to the Housing, Communities and Local Government Select Committee.

[Mr Deputy Speaker (Mr Nigel Evans)]

The House is suspended for three minutes