Deregulation Bill
Philip Davies Excerpts(9 years, 2 months ago)
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Tom Brake
It seems a long time since I was sitting opposite the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) debating the Deregulation Bill, but we are back here today. The Government support Lords amendments 1 to 37 and 39 to 123. I will also be speaking to amendments tabled by hon. Members to Lords amendments 19, 21, 26 and 27, which the Government will not be supporting for reasons that I will set out shortly.
Lords amendments 1 and 2 relate to health and safety and the self-employed. Lords amendment 1 addresses concerns raised during the public consultation on draft regulations conducted by the Health and Safety Executive during July and August 2014. Concerns were expressed that the regulations as drafted could lead to some self-employed persons who do pose a risk to the health and safety of others falling exempt from the law. Amendment 1 sets out the ways in which undertakings may be described in regulations made under section 3(2) of the Health and Safety at Work etc. Act 1974 to retain duties on self-employed persons. Subsection (2A)(a) provided for regulations to include descriptions of activities carried out by an undertaking where the duty on the self-employed would remain in place, essentially providing for a list of high-risk activities. Importantly, subsection (2A)(b) ensures that the regulations can also include a general description covering any undertaking the conduct of which may expose others to risks to their health and safety. The amendment means that the provision in the Bill aligns more with Professor Ragnar Löfstedt’s recommendation. The HSE will produce guidance targeted at self-employed persons and others to assist with their understanding of the amendment.
Lords amendment 2 takes into account a recommendation of the Delegated Powers and Regulatory Reform Committee to change the parliamentary procedure for these regulations from negative to affirmative. This will allow Parliament fully to scrutinise the regulations.
Lords amendment 3 removes a measure that would have had the effect of allowing private hire vehicles to be used for leisure purposes when they were not being used for private hire purposes. After listening to concerns about this proposal during the Bill’s passage, the Government have decided that the best course of action is for this measure to be considered as part of the package of measures recommended by the Law Commission to reform taxi and private hire vehicle licensing.
Lords amendments 5 to 17 seek to provide clarification and certainty in relation to the tenancy deposit protection legislation in response to recent court cases. The amendments address two issues. First, they make it clear that, where appropriate, a letting agent’s contact details, instead of the landlord’s, may be provided to a tenant. That was always the intention of the original framework, and thus the measure has been made to apply retrospectively. However, to ensure fairness, provision is also being made to prevent the reopening of out-of-court settlements or court cases that had been finally determined on this basis.
The second issue, which was raised by the recent Court of Appeal judgment in Charalambous v. Ng 2014, concerns tenancy deposits. The Court ruled that the tenancy deposit legislation should apply to landlords who received a tenancy deposit before the coming into force of the tenancy deposit legislation in 2007, and that they would therefore need to protect deposits if they wished to rely on the “no fault” ground for eviction, known as section 21. This was never the Government’s intention. Our amendments therefore make it absolutely clear that, although landlords affected by the judgment will need to protect deposits if they wish to rely on section 21, they will not be at risk of financial penalty should they fail to do so.
Lords amendments 18 to 26 protect tenants in the private rented sector from being evicted where they have raised a legitimate complaint about the condition of their home, and make the eviction process more straightforward in appropriate cases. They also ensure that tenants are aware of their rights and responsibilities and those of the landlord. The hon. Member for Shipley (Philip Davies) has tabled amendments to these amendments, and I will come to those shortly. The effect of the Government’s amendments is that landlords in the private rented sector will not be able to evict a tenant merely because the tenant has asked them to carry out a repair, provided that the local authority has confirmed that such a repair is necessary to prevent a potential risk to the tenant’s health and safety. They ensure that tenants are always given at least two months’ notice before they have to move out of their home and make the eviction process more straightforward for landlords in situations where the tenant should be evicted.
The amendments enable the Secretary of State to make regulations specifying the information to be contained in any eviction notice served under section 21 of the Housing Act 1988, and provide that an eviction notice cannot be served where a landlord has failed to comply with their existing legal obligations relating to the condition of the property, the health and safety of their tenants, or the energy performance of the property. They also require landlords to provide information to their tenants about their rights and responsibilities.
As many Members will know, these amendments started as a private Member’s Bill in the name of my hon. Friend the Member for Brent Central (Sarah Teather), whom I thank for all her work in bringing this to the attention of the House. I also thank the Secretary of State for Business, Innovation and Skills; the Minister for Employment; and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bristol West (Stephen Williams). Shelter and Citizens Advice have also been heavily involved in this process.
Retaliatory eviction is wrong, and its continued practice is unacceptable. No tenant should face eviction because they have made a legitimate complaint to the landlord about the condition of their home, and no decent landlord would engage in the practice. However, a small number of rogue and unscrupulous landlords think it is perfectly acceptable to evict a tenant for requesting a repair. These important amendments introduce protection for tenants against rogue and unscrupulous landlords, but they also contain provisions that will benefit landlords and make it more straightforward to evict tenants in legitimate circumstances.
On the amendments tabled by the hon. Member for Shipley, I understand the intention behind some of them. However, I assure him that Lords amendments 18 to 26 ensure that all landlords are still entitled to their rights under section 8 of the Housing Act 1988, which enables them to evict a tenant who does not pay rent, goes to prison, or uses the house for illegal purposes. Our fundamental aim is to prevent a very small minority of rogue landlords from evicting tenants in retaliation for raising a legitimate complaint. Part of his proposals would undermine this effort.
Philip Davies (Shipley) (Con)
Will the Minister answer two questions? First, is the opposition to my amendments unanimous across the coalition, or is it just the Liberal Democrats who oppose them? Secondly, what estimate have the Government made of the number of revenge evictions that take place each year, because there is great discrepancy in the numbers?
Tom Brake
On the number of revenge evictions, I will have to get back to the hon. Gentleman; I may get inspiration in the next few minutes. On whether there was coalition agreement on this issue, when the Department for Communities and Local Government looked at the impact of his amendments, it was clear that, in some cases, they would allow a landlord to make a retaliatory eviction on the day after the landlord had completed a repair. That would go completely against the intent of the provisions in terms of protecting tenants. It would permit a landlord to evict a tenant as soon as repairs had been completed using a section 21 eviction notice. That is not in the spirit of preventing retaliatory evictions, but merely delays them until after repairs are completed.
On the number of revenge evictions, as the hon. Gentleman will probably know, the figure is estimated to be some 80,000 per year. The source of that figure was a YouGov survey of 4,500 renters.
Philip Davies
Why are the Government basing their figures on an opinion poll commissioned by a campaigning charity on this issue and ignoring their own figures from the English housing survey, which estimates that the number is about 6,000 a year?
Tom Brake
I thank the hon. Gentleman for that helpful intervention. He thinks that the figure is lower, at 6,000 evictions. I said 80,000, and then generously halved it for him to 40,000. If it is indeed 6,000, then that is 6,000 retaliatory evictions too many. His amendments would facilitate the process of retaliatory evictions, which the Government are, instead, seeking to avoid.
The amendments would extend the time within which a landlord must respond to a request for a repair from 14 days to 20 working days. This Government believe that renting out a property is a business and that tenants should be able to expect a much swifter response to a complaint than 20 working days—in other words, a month—particularly where the problem is serious. To clarify, this time frame is only for responding to the concern raised, not fixing the problem. There is a further amendment to the effect that any complaint must be within the scope of the Landlord and Tenant Act 1985. However, that legislation is not the framework under which local authorities operate for the purposes of inspecting a property and deciding whether there is a health and safety risk to the tenant. Inspections are carried out under the Housing Act 2004 and involve checking for the presence of 29 potential hazards in the home.
Amendment 5 would remove protection against retaliatory eviction where a landlord intends to sell the property within six months. However, the proposed legislation already provides that it does not apply where, at the time when the section 21 eviction was served, the property was generally on the market for sale.
The next amendment would provide that protection against retaliatory eviction does not apply where a landlord wants to move into or redevelop the dwelling, or the dwelling is subject to a compulsory purchase order, or the landlord needs vacant possession to comply with a legal duty to carry out works in the building. Compulsory purchase orders are rarely used, but even where they are, the acquiring authority would become the landlord and could terminate the lease under separate powers.
The final amendment would introduce a five-year time limit on the life of the legislation or require that a review shall be commissioned within three years of the legislation coming into force. As the hon. Gentleman will be aware, it is standard practice to evaluate legislation after a certain period, and we will of course do this. However, we do not necessarily believe that the issue of retaliatory evictions will be resolved in five years, so we do not want to limit the powers as they stand.
Where a landlord wants to move back into a property that they are renting out, the legislation will not prevent them from doing so, provided that they follow the normal process and deal with any repairs before a local authority becomes involved. The legislation contains safeguards to ensure that a tenant cannot benefit from making spurious or unfounded complaints. A complaint in itself will not be enough to trigger protection against retaliatory eviction. In all cases, the local authority will have to confirm that a repair needs to be carried out and that failure to do so would probably involve a serious health and safety risk to the tenant. In addition, the legislation makes it clear that a tenant cannot claim protection against retaliatory eviction where they have failed to treat the property in a tenant-like manner—in other words, to take care of it, rather than to damage it wilfully and negligently—including by carrying out small jobs around the property.
Ms Buck
I, too, rise to speak strongly in support of amendments (a) to (k) to Lords amendment 27, tabled by my hon. Friends on the Front Bench, and to reinforce the message we have just heard from the hon. Member for Cities of London and Westminster (Mark Field). I concur with every word.
I shall be relatively brief, because we have rehearsed these arguments on Report. I was also able to have a debate in Westminster Hall on exactly the same subject, and of course there were debates in the other place. However, let me reinforce a few points. The central point is that the spirit behind the amendments represents cross-party consensus in inner London. Obviously, we are now seeing cross-party consensus from the representatives of the London borough of Westminster, but the local authorities that have responded to the Government’s consultation include Haringey, Enfield, Camden, Westminster, Newham, Redbridge, Lambeth and the City of London, which all opposed the proposal. I know that hon. Members and peers with support from other local authorities have also spoken in favour of strong safeguards.
Those local authorities, their representatives and Members of Parliament from all parties feel a clear sense of the loss of protection for residential communities that this deregulation will involve. It is critical that a good Government should respond to the needs of localism and understand that central London in particular, like rural communities and the seaside towns, has distinctive needs and requirements that must be protected. We are arguing today that there are pockets in communities in central London in particular—and no doubt in other areas, such as the constituency of my right hon. Friend the Member for Greenwich and Woolwich (Mr Raynsford)—where the pressure from the commercial letting sector is becoming so intense that it is seriously impairing the quality of life of a number of residents.
As the hon. Member for Cities of London and Westminster has said, we are concerned about the loss of residential stock. Westminster city council has produced very strong evidence to support its argument. It has dealt with more than 7,000 enforcement cases so far and it is very important to stress that those are not enforcements against people letting out a room in their home for Wimbledon fortnight. If those were the types of enforcements taking place, the Minister would be able to point to evidence of an innocent homeowner being enforced and fined for a casual holiday letting, but the Minister is not able to do that because I do not think for a second that that is what local authorities are doing.
What we are seeing is the sustained movement of the commercial letting sector into residential communities. Westminster city council estimates that about 500 units of accommodation a year are lost to the housing supply. In fact, it has so far lost the equivalent of about seven years’ worth of its target housing supply at a time of acute housing shortage. It has also produced evidence that demonstrates that the kinds of rents that are being charged for properties ranging from rooms to whole houses are so much more than the going rate for a shorthold private tenancy, let alone that for a social letting, that it would not be sensible financially for a homeowner not to get into the sector. If we look at the websites advertising those short-term lets, we will see that variance for ourselves. Westminster city council last did a sustained piece of work on this issue a few years ago—I suspect that the outcome would be far starker today—and it found an average difference of 273% between short-term let rents and longer-term rentals.
The irony of Westminster city council making representations on the impact of market rents and the loss of affordable housing units is not entirely lost on me. None the less, I am happy to get together with it on the critical issue of the loss of residential housing stock, which must be addressed. The Minister has previously spoken in the same debates as me and professed concern about affordable housing and the housing supply in London. I do not understand why the Government are turning their face against the cross-party consensus that the hospitality industry is, in effect, leaching into the residential housing stock in London.
The hon. Member for Cities of London and Westminster and I have also previously raised the issue of the impact on residents. I will not rehearse all the arguments, but last summer I conducted a survey of people’s perceptions of the impact of short lets on Maida Vale, Bayswater, Queensway, north Marylebone and parts of St John’s Wood, which are the front-line areas. There were a litany of concerns and complaints about the lack of security in residential blocks with a high level of short-term lets, the impossibility of knowing who is coming and going, and serious problems of management.
Short-term visitors tend, not necessarily through any fault of their own, to treat their accommodation like hotels, but hotels spend a lot of money on looking after their properties whereas that is not necessarily the case with short lets. There are reports of damage to security systems, much greater wear and tear on communal areas and a higher level of anti-social behaviour. That is not necessarily because the people are themselves anti-social, but they come to London to enjoy themselves and to party and have a good time, so there is more rubbish and noise nuisance.
That is having a negative impact on those neighbours who in some cases find themselves stranded in residential blocks that are now almost entirely turned over to short let; it is also a cost to the public purse. Local authorities have to spend a considerable amount of time and effort enforcing against antisocial behaviour and higher levels of rubbish and noise nuisance. One of the Westminster wards has had to spend its budget on additional enforcement officers at a time when the local authority has cut more than £500,000 from its children’s services budget—that happened only last week—and plans to, in effect, halve its youth service. I know what I would rather spend public money on. I do not want it spent on chasing the hospitality industry for nuisance in a residential block; I would rather spend it on protecting our children and youth services. The impact on residential communities is a real problem.
That is all happening: as I have said, there have been more than 7,000 enforcements. Local authorities are having to chase a moving target as it is. The Government’s relaxation of the rules will make that significantly worse. At the moment, the local authority simply has to prove, should it choose to do so, that the property is being let on a short-term let basis without permission. In future, it will have to demonstrate that the property has been let for more than 90 days without permission, which will be a far harder thing for it to do. We have already seen—Camden, I think, is the council that has monitored this most closely—an explosion of lettings on the main websites since the Government announced their intention to deregulate. That is no accident and we can expect it to happen elsewhere.
We need to make it possible for local authorities to act to enforce. Personally, I would like the length of time for which someone can let out their home to be reduced significantly to 30 days, which would be reasonable in London. I certainly support the argument that the property should be the principal residence of the person who is letting it. Above all, I strongly feel that local authorities should have a right to be notified when such lettings take place. It is only through notification that a local authority will be able to enforce action.
Fundamentally, this comes down to the right of a local authority to determine what is in the best interests of its own community. We do not need to worry about whether London local authorities are concerned with boosting the tourism industry or economic growth: they are very much concerned with them, but they know very well that a balance has to be struck between those agendas and the protection of the people who live in London and their amenity and access to housing. Westminster city council—which, I repeat, is not known for failing to advocate a deregulatory agenda—is at the forefront of making that case, with which I totally agree.
Even at this last hurdle, if the Government support the measures proposed by my colleagues on the Labour Front Bench to allow local authorities to have the right to determine what is in the interests of their own communities, that would be very strongly welcomed by all parties in local government and in this Chamber, and the many thousands of people who live in the residential neighbourhoods most affected in London would breathe an enormous sigh of relief.
Philip Davies
I begin by drawing the House’s attention to my entry in the Register of Members’ Financial Interests. As I have previously made clear in these debates, I am a tenant in two properties: my home in Shipley and where I stay when I am working in Parliament. I am also the landlord of one other property that I rent out. I therefore like to think that I have a good perspective on these matters and I want to see a situation in which we reward good landlords and good tenants. That is the basis for my amendments to Lords amendment 18.
In the interests of time, Madam Deputy Speaker, and in order to be helpful, I intend to speak only to my amendments, because other Members have already ably put forward their cases on the others. From what I have heard, the shadow Minister might want to press one of his amendments to a Division, so I will not seek to divide the House on mine, in order to protect time for Members across the House and facilitate debate. I am being as helpful as you know I always am on these occasions, Madam Deputy Speaker.
Madam Deputy Speaker (Dame Dawn Primarolo)
Order. Before you proceed, Mr Davies, let me say that that is extremely helpful and that I am very grateful. Given that the debate must end at 4.46 pm, it gives us a better idea of how to proceed. Thank you.
Philip Davies
I am grateful, Madam Deputy Speaker. It is a shame that the debate clashes with the first day of the Cheltenham festival, but that is a hardship we shall have to bear. Anyone who has their doubles and trebles might like to know that Ruby Walsh and Willy Mullins have won three of the first four races today.
Business of the House
Philip Davies Excerpts(9 years, 2 months ago)
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Mr Hague
We have delivered record numbers of students and university applications, against many predictions, following the change in the policy on tuition fees introduced early in this Parliament, so that change is standing the test of time. Of course, these matters are legitimate subjects for debate in the general election campaign. Given that there are only three weeks remaining before Dissolution, it is becoming unlikely that we will be able to have an additional debate on the subject.
Philip Davies (Shipley) (Con)
The Leader of the House was rather unfair to the Leader of the Opposition; he did indeed come fourth in the Doncaster power list, but it was churlish of my right hon. Friend not to mention that he has gone up two places since last year, when he was sixth.
Last August The Times reported that the Prime Minister had promised to double magistrates’ sentencing powers from six to 12 months by the end of this Parliament, which was a very welcome announcement. Given that we are rapidly running out of time, can the Leader of the House tell us when that will be brought into effect in the last few weeks of this Parliament?
Mr Hague
On my hon. Friend’s first point, that is a faster rate of advance than normal by the Leader of the Opposition and it means that he may be in with a chance of running Doncaster by 2018. I welcome my hon. Friend’s analysis.
I cannot give my hon. Friend a specific answer about when the Government’s commitment will take effect, but I will draw his question to the attention of my ministerial colleagues and ensure that he gets a direct reply.
Business of the House
Philip Davies Excerpts(9 years, 2 months ago)
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Mr Hague
There will be many opportunities in the coming month to debate matters with the Chancellor, who is regularly in the House. It will be Treasury questions on 10 March and then, of course, he will present the Budget on 18 March. I do not know when the Chancellor intends to present his final conclusions on that, but we will have debates on the Budget so it will be possible to debate what is or is not in the Budget statement in the course of those debates. That will be the best opportunity for the hon. Lady.
Philip Davies (Shipley) (Con)
As the Leader of the House knows, many of my constituents are concerned about the level of immigration and the strain that that places upon the NHS, school places and housing, and the effect it has on the overall wages of workers. May we have a debate on immigration to see whether we can address some of those concerns? In such a debate we can count the number of Members who accept the blindingly obvious: that no Government can control the level of immigration while we are a member of the European Union and have free movement of people.
Mr Hague
My hon. Friend will be familiar with the plans that the Prime Minister has set out—the Conservative party’s plans for after the general election, to negotiate a better relationship with the EU and a reformed European Union in which it will be possible for this country to take actions that we cannot take now, particularly on welfare payments and other issues relating to immigration. This is, of course, a very important issue, which my hon. Friend has raised regularly. Part of what we are seeing at present is the impact of this country’s having a dramatically stronger economy than the rest of Europe, which is producing more migration into the UK. In that sense it is a problem of success, but it remains an important issue. Although the shadow Leader of the House raised it in earlier questions, she omitted to mention the completely open-door policy of the Labour Government, during which millions of people migrated to the United Kingdom, and we are certainly not going back to those days.
Members’ Paid Directorships and Consultancies
Philip Davies Excerpts(9 years, 2 months ago)
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Ms Eagle
I want to make it clear that we are actually trying to facilitate what the Prime Minister said he wanted during Prime Minister’s questions. We are not making up our policy as we go along; we are trying to include all views in it. It is in that spirit that I want to open the debate and move the motion in the name of the Leader of the Opposition, which proposes that this House bans MPs from holding paid directorships or consultancies.
Ms Eagle
Let me finish my first sentence. If our manuscript amendment is accepted, the motion would also ban paid trade union officials. The public deserve to be safe in the knowledge that every Member of Parliament works and acts in the interests of their local constituents, and not in the interests of anyone paying them.
Ms Eagle
Let me make a little bit of progress and then I will give way.
I note that, unusually, the Government have tabled an amendment that simply restates the status quo and would completely obliterate the Opposition motion. I intend to deal with all that, but first I want to take a few minutes to deal with the circumstances in which the House of Commons finds itself, and argue that the time has come to make a decisive break with the status quo on Members’ remunerated interests. I believe the current situation has become untenable.
I do not intend to talk about the detail of what was revealed in the “Dispatches” programme on Monday. I think we should concentrate in this debate on developing a solution to this recurring problem. Those events are being dealt with by the independent Parliamentary Commissioner for Standards, and that investigatory process must take its course, although that I note that the court of public opinion has already pretty firmly made up its mind. If the rules were clear and easy to follow, rather than riddled with grey areas and open to endless convenient interpretation, perhaps we would not find ourselves repeatedly having to deal with newspaper headlines such as the ones we have witnessed once more this week. It is undeniably true that these headlines bring this place into disrepute, as far as voters are concerned. Theirs is the opinion, I believe, that we must take the most seriously. They are, after all, the people we have been sent here to represent.
Philip Davies
I just wondered on what basis the Leader of the Opposition thought he was an authority on being a world-leading constituency MP. He happens to be my mum’s MP and the MP for the area in which I was born and brought up. It happens to be the consensus of opinion there that he does not really care about Doncaster. He is hardly ever there. In fact, he is known locally as Ed Moribund. Why should those of us who work hard in our constituencies week in, week out take any lessons from the Leader of the Opposition on what it takes to be an effective constituency MP?
Business of the House
Philip Davies Excerpts(9 years, 3 months ago)
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Mr Hague
That is not a bad idea. The latest allocation from the LIBOR fund, of £35 million, adds to the money we have already given to military good causes benefiting armed forces personnel and their families, and veterans, and to many other good causes. The police treatment centre in my hon. Friend’s constituency is another good example. This week I announced the creation, with a £1 million donation from the LIBOR fund, of our first academic centre on women, peace and security at the London School of Economics—something a bit more substantial than a pink bus going around the country—and we will continue to use LIBOR money to benefit such excellent causes.
Philip Davies (Shipley) (Con)
May we have a statement from the Secretary of State for International Development on aid to India? On 9 November 2012, The Guardian was one of many newspapers to report that
“The government will stop all financial aid to India by 2015”.
It now seems that the Government are stopping aid to the Indian Government, but are continuing to supply other aid to India. Given that India has its own space programme and is spending $35 billion a year on defence alone, surely we should be telling the country that it is responsible for looking after its own people, rather than saying “Keep on spending all this money on building up your military arsenal while we look after the people for whom you should be responsible.” I believe that most of my constituents thought it was right to end aid to India, and will be horrified to discover that that is no longer the case.
Mr Hague
There has been a big change under this Government. On coming to office, we found that some British aid was going to Russia and China, for instance, but DFID has stopped those programmes. What the Secretary of State for International Development announced in 2012 was that all financial aid grants from the United Kingdom to India would cease in 2015, after which DFID would provide support only in the form of private sector expertise and technical assistance, and that is exactly what is happening. The financial aid grants to India will end this year, and any new projects will be supported by development capital investment and technical assistance. No doubt DFID will be able to expand on exactly what that involves for the benefit of my hon. Friend.
Business of the House
Philip Davies Excerpts(9 years, 3 months ago)
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Mr Hague
The Prime Minister has spoken about this before, in response, I think, to the hon. Gentleman, who regularly pursues this matter in the House. I think the best thing I can do to help is to inform the Health Secretary of his concerns about the time scale and ask him to respond directly. It is also possible for the hon. Gentleman to pursue debates through all the normal methods, in addition to his having raised it in the House today.
Philip Davies (Shipley) (Con)
The shadow Leader of the House should not get her hopes up too high because I am also 100:1 to be the next leader of the Conservative party. As the Deputy Prime Minister is also 100:1 to be the next leader of the Conservative party, I think 100:1 means we have absolutely no chance whatever.
There is no greater admirer in this House of the Leader of the House than me, but his proposals for English votes for English laws are completely unacceptable and inadequate, largely due to the fact that they do not deliver English votes for English laws and still deliver Scottish votes for English laws. English MPs have no impact at all on legislation to do with Scotland and most people think that Scottish MPs should have no impact on legislation that applies only to England. Can we make sure that we have the debate on English votes for English laws and can he make sure that all the options are put for a vote in this House? He would then probably find out that most of the parliamentary party on the Conservative Benches actually believe in true English votes for English laws.
Mr Hague
I am impressed to discover that my hon. Friend is 100:1 to be next leader of the Conservative party, and I would not rule out voting for him myself, provided quite a lot of the other alternatives had been exhausted by that point. [Laughter.] I will not go into quite how many would have to be exhausted. On the question of a debate on English votes for English laws, I hope that I have already answered that question. On the question of what is the right policy, I think I might have a better idea than anyone of the views of Members of the Conservative party, having consulted them extensively. I am confident that the proposal I put forward enjoys their support. But of course in any debate my hon. Friend will, as always, be free to give his own views. Who could ever prevent him from doing so?
Business of the House
Philip Davies Excerpts(9 years, 3 months ago)
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Ms Eagle
I thank the Leader of the House for announcing next week’s business and for giving us a hint of what might follow thereafter. This week, we marked Holocaust memorial day and the 70th anniversary of the liberation of Auschwitz. The sheer scale of the evil perpetrated by the Nazis almost defies belief. Does the Leader of the House agree that the testimony of the survivors will help us to ensure that that obscenity is never repeated? Will he join me in welcoming plans for a new holocaust memorial in this country that will honour the memory of all the victims? Does he also agree that this anniversary must motivate us to redouble our efforts to combat anti-Semitism and other forms of prejudice, including racism, homophobia and religious hatred, which are on the rise across the world today?
I notice one thing missing from this week’s business is any reference to plain packaging for cigarettes. After the Government had supported it, the House then backed it. The Government then changed their mind and opposed it, but last week the Under-Secretary of State for Health, the hon. Member for Battersea (Jane Ellison) U-turned on the U-turn late at night in an Adjournment debate, presumably when she thought tobacco lobbyist Lynton Crosby was not looking. Given the reports that more than half of Conservative Back Benchers are willing to rebel against the Government and oppose plain packaging—
Ms Eagle
That has just been confirmed. Given those reports, will the Leader of the House acknowledge that he is going to have to rely once again on Labour votes to pass the measure? Will he also confirm that he will bring this debate to the Floor of the House before Dissolution?
I notice that, just in the nick of time, the Government yesterday appointed someone to review the impact of their gag on free speech in the run-up to the election. But the man they have chosen to review the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 is a Conservative peer who did not once vote against the Government on the Bill and who voted with them on some of its worst aspects. Yesterday, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), the deputy leader of the Labour party, was forced to write to the Culture Secretary about the disgraceful and overt political bias of another Conservative peer, the supposedly impartial deputy chair of Ofcom. This morning I have been reading about the extent of this Government’s pork barrel politics, abusing public money to prop up their candidates in marginal seats, and refusing to admit how much they are spending on it. So will the Leader of the House now arrange to publish full details of Government spending in marginal seats? Will he also arrange for a statement from the Cabinet Secretary on this Government’s widespread neglect of the Nolan principles for public appointments, as these appointments seem to have little to do with impartiality or integrity and much more to do with membership of the Conservative party? Given that Ofcom has today said that Baroness Noakes’s comments were clearly inappropriate, will the Leader of the House explain why she is still in her job?
Yesterday, we saw the Prime Minister refusing to acknowledge that all the hospital units he stood outside and promised to save before the last election have been closed or downgraded while he has been Prime Minister. More than 1,000 ambulances a day are now queuing outside accident and emergency units, overstretched hospitals are cancelling 1,500 operations a week and all the Government have done is make it harder for hospitals to declare major incidents. The Tories’ pledge to protect the NHS is now in tatters. They promised they would put patients first, but instead they gave us a £3 billion top-down reorganisation and an NHS in crisis. They promised they would cut the deficit not the NHS, but borrowing has soared and they have missed every target they ever set themselves on the economy. They promised a recovery for everyone, but they gave us queues at food banks, record insecurity at work and tax cuts for their millionaire mates. I am not the only one who is glad there are only 98 days left of them.
This week, the Liberal Democrat Transport Minister, Baroness Kramer, turned up in Taipei on a rail mission with a very special gift. Local journalists looked on in horror as she gave the city’s mayor a watch, which is taboo in local culture because it suggests that the recipient’s time is running out. She should have given it to her party leader. The mayor was less than impressed, saying:
“I can just re-gift it to someone else or take it to a metal dealer and sell it for cash.”
I just wish we could get as much use out of other Lib Dem offerings. Someone else who has been struggling with timepieces is the invisible man, the Tory Chief Whip. In Cabinet, he inadvertently interrupted the Chancellor with a sudden musical outburst. His Cabinet colleagues looked on in horror as Beyoncé’s latest hit began blasting from the Chief Whip’s new smartwatch. Any watch that is smart enough to play Beyoncé should surely be able to tell him when business questions is.
Philip Davies (Shipley) (Con)
With regard to the idiotic nanny-state proposal for plain packaging—why on earth we need plain packaging for a product that is already behind shutters, Lord only knows, not to mention the fact that it will put many good jobs in Bradford at risk—will the Leader of the House promise that when the matter is further considered, it will not be passed through some Committee upstairs and so sneaked through, but will be debated on the Floor of the House, and that there will be a vote at the end of it, and that that vote will be a free vote for Ministers as well as Back Benchers?
Mr Hague
My hon. Friend always states his case very clearly and moderately. I explained earlier the time constraints on this, and that such regulations cannot be made—they can be laid, but not made—before 2 March. No decision has been made on how both Houses of Parliament consider the regulations—both will need to do so. That can be done on the Floor of the House or in Committee; a decision will have to be made about that in due course. Decisions about whipping will of course be made by other authorities sitting not far from me.
Business of the House
Philip Davies Excerpts(9 years, 3 months ago)
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Mr Hague
Generally, such questions will be referred to the Foreign Office, because the officials who work on this are in the PSVI—preventing sexual violence in conflict initiative—unit, which is part of the Foreign Office, and one of the Foreign Office Ministers has responsibility for this matter. It is also possible, however, to table questions directly to me, as Leader of the House, including at oral questions to the Leader of the House. This has happened in the past, although as we had just such a question session a couple of hours ago, the opportunity will not arise again for another few weeks. There are certainly opportunities, however, and I am happy to answer such questions in the course of business questions as well.
Philip Davies (Shipley) (Con)
May we have a debate on the answering of parliamentary questions? I have here a handy 15-page internal guide from the Ministry of Justice entitled “Parliamentary questions guidance”. It gives a list of all the people that an answer must go through before it can be signed off. They include special advisers, the head of news, the deputy head of news, press officers and, as if that were not enough, “your designated press officer”. Surely a parliamentary question should simply be responded to with a factual answer. Why does it need to go through so many spin doctors? I have no idea how many of the other Departments run this kind of operation. May we have a debate on this, or a statement from the Ministry of Justice on why it goes through this rigmarole? It is no wonder that it gets so far behind in answering our questions. If the Leader of the House will not grant us such a debate, will he intervene to stop parliamentary answers being subjected to this kind of spin?
Mr Hague
The fact that the answers go through so many wise people before they get to my hon. Friend probably explains why they are so good. The important thing is that they should go quickly, in a timely way, through whomever they need to go through. By the end of my time as Foreign Secretary, the Foreign Office had a 100% record of answering questions on time. That simply requires all the officials who need to examine these things to do so speedily, and I encourage other Departments to do the same.
Business of the House
Philip Davies Excerpts(9 years, 4 months ago)
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Mr Hague
There was a lot in that question. I have not heard the governance of the House being linked to HS2 before. That was an artful journey through many different matters. I am pleased that the hon. Gentleman is pleased with the Governance Committee report. Many right hon. and hon. Members contributed, as he did, to its thinking and they were right do so. I will look at the analysis from the Consumers Association. I will, however, make the point I have made before: the time requested for the Report stage of Bills has so far not been well taken up.
Philip Davies (Shipley) (Con)
The Ministry of Justice has a woeful record on answering parliamentary questions on time, to such an extent that it has been chastised by the Procedure Committee. On 18 November I asked the Secretary of State for Justice how many prisoners convicted of terrorist-related offences had been released on temporary licence in each of the past five years. It is bad enough that that question has still not been answered, but given the nature of the question and the appalling events in Paris is it not essential that the Government are on top of how many prisoners convicted of terrorist offences have been released on temporary licence? Will the Leader of the House urge the Justice Secretary not only to answer the question, but to make a statement to the House so that we can see what risk this country faces from these kinds of people?
Mr Hague
My hon. Friend knows that the Home Secretary made a statement yesterday about our preparedness to counter terrorist attacks. It is important that Departments give timely answers to questions. I certainly attach a great deal of importance to that, as does the Procedure Committee. I believe that my right hon. Friend the Justice Secretary has explained to the Procedure Committee the measures that he is taking to improve the performance of the Ministry of Justice on this. While that is taking place, I will remind my right hon. Friend of the specific question that my hon. Friend has asked.
Business of the House
Philip Davies Excerpts(9 years, 4 months ago)
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Mr Speaker
I thank the hon. Member for Wythenshawe and Sale East (Mike Kane) for what he has said and the Leader of the House for his reply. Paul Goggins was hugely respected and much loved across the House and what has been said today will offer some comfort and succour to his family. That is greatly appreciated.
Philip Davies (Shipley) (Con)
May we have a debate on how the honours list is determined? Mr Peter Smith, the Tour de France project co-ordinator for Leeds council, was awarded an MBE in the new year's honours list, which was, I am sure, well merited, but does that not go to show what a glaring omission it was that Gary Verity, who brought the Tour de France to Yorkshire, was ignored? In that debate we can perhaps show the strength of feeling in Yorkshire that Gary Verity should receive a knighthood for what he did, which I hope will be addressed as soon as possible. In any such debate, we could also perhaps discuss the merits of a knighthood for Geoffrey Boycott who, as the Leader of the House knows, is a rival to him as the greatest living Yorkshireman.
Mr Hague
Without straying into all parts of that question and recognising that we are not allowed to dispense honours at the Dispatch Box, I am sure that we all agree that many people did tremendous work to bring the Tour de France to Yorkshire. It was a fantastic success. It is right that those people are recognised and I agree with what my hon. Friend said about the crucial and important role that Gary Verity played as leader of Welcome to Yorkshire. I cannot comment on how the honours system operates, but I will certainly convey what my hon. Friend has said about Gary Verity to all those responsible. After all, the new year’s honours list, while an important list, is not the only honours list in the year and so names can be considered for another list as well.