business of the house

Tom Brake Excerpts

Tuesday 26th March 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

Given the time I have left, I shall have to set out some rules at the beginning of my speech. One will be that I will not take any interventions and the other will be that I will have to do my delivery in the style of the hon. Member for Southend West (Mr Amess) if I am to refer to all the contributions made this evening.

I congratulate those Members who are still in the Chamber on their dedication and commitment to today’s penultimate debate and I hope that they will not be punished by not being able to get home again if the weather is inclement. I also understand that some Members, for obvious reasons, have had to depart early and I shall still try to refer to their speeches. I am particularly grateful for the attendance of the hon. Members for Worsley and Eccles South (Barbara Keeley) and for Congleton (Fiona Bruce) on their birthdays.

The hon. Member for Colne Valley (Jason McCartney) rightly laid into the doom-mongers with some relish. Times are tough, but he set out some of the success stories in his constituency, particularly on apprenticeships, where there has been dramatic growth. I am pleased to say that in the past couple of weeks I have hired my own first apprentice in my office and he is already making a very positive contribution.

The hon. Member for Walsall South (Valerie Vaz) referred to the case of a constituent, Mrs Brenda Pressdee, and I commend the hon. Lady for her assiduous research on that case. I am sure that the relevant Ministers will have heard her request for a meeting on the matter and that they will want to respond positively. She also referred to a national issue, marine conservation zones. She expressed concerns about the cost of a further consultation and I am sure that the Government will want to manage those costs effectively.

The hon. Member for Salisbury (John Glen) underlined one of the strengths of such debates and this Parliament, which is our ability to raise issues of an international nature. He wanted to generate publicity about the trial of former President Nasheed and I can confirm for his benefit—although I am sure that he is aware of it—that our Government have been consistent in saying that the international community will not find it tenable if the former president is excluded from the elections in the Maldives.

The hon. Member for Bolton South East (Yasmin Qureshi) mentioned the Srebrenica genocide, which all Members will remember. It was the biggest war crime in Europe since the second world war. The Government recognise that genocide through events such as Holocaust memorial day and we are working with the Srebrenica genocide memorial and educational project to see other ways in which we can mark that anniversary.

My hon. Friend the Member for St Austell and Newquay (Stephen Gilbert) referred to the controversy surrounding an incinerator or energy recovery facility. I can confirm that I am aware of the controversies surrounding such plants, because there is a proposal for one in Beddington in my constituency. He stressed the importance of ensuring that it provides decent value for money, which is the last issue he wants to pursue, because all the planning processes have been completed.

The hon. Member for Harrow West (Mr Thomas) talked about his desire to see work proceed on rebuilding Marlborough and Vaughan primary schools. He will be pleased to hear that there is no delay. He asked me to ensure that Ministers chase up the Education Funding Agency, and I am happy to pass that on so that he gets a prompt response. He also referred to problems relating to London Welsh, and I am sure that the Department for Culture, Media and Sport will have listened carefully to what he said. He highlighted some inconsistencies in the penalties issued by the Rugby Football Union, but I do not think that is something I can pursue as Deputy Leader of the House. I am sure that is something he will want to do, and he has put that on the record.

We then heard a contribution from my hon. Friend the Member for Witham (Priti Patel), who stated that Essex is the county of entrepreneurs—I am sure that is also true of many other counties—and made a couple of specific points about Her Majesty’s Revenue and Customers and a constituent, Mr Wright. I am sure that HMRC has public relations people who follow these debates closely and that they will want to pick up on that point and, I hope, respond positively to her concerns. She also referred to some unhappiness about the way in which the Valuation Office Agency works and the need for more flexibility on business rates, particularly how high levels of business rates affect strong and emerging businesses in her constituency.

The hon. Member for Bradford West (George Galloway) talked about the If campaign, which I am sure many Members on both sides of the House will want to support. That gives me an opportunity to underline the fact that the Government are delivering on the commitment to devoting 0.7% of gross national income on aid, which I think we should all be proud of. It was started by the previous Government and finished by this one. He also expressed concern about the difference in the way children from families with parents who are in work and those from families with parents who are not in work are dealt with in respect of free school meals. I am sure that is something the Department for Education, which has responsibility for free school meals, might want to respond to.

My hon. Friend the Member for Peterborough (Mr Jackson) raised a variety of issues—another Member referred to it as a “kaleidoscope of issues”—and it would be difficult to respond to them all. He referred to the plight of Christians, particularly in countries such as Pakistan; the importance of recognising the need to support Tourette’s sufferers, through the Department for Education, and in schools and in health care; and the importance of fortifying foods with folic acid, and the charity in his constituency, Shine, which works on that issue. I have noted his concerns about equal marriage, but I am pleased that the Government are pursuing it. He talked about the important role the voluntary sector is playing in relation to the Peterborough cathedral appeal. He also mentioned the Sue Ryder hospice and the generosity of his city. I am sure that his city and its people are very generous and that we all want to recognise that.

We then heard a contribution from the hon. Member for East Lothian (Fiona O'Donnell) on the Cockenzie power station. She said that today might feel like groundhog dog. She will no doubt know that the groundhog is being sued at the moment. In fact, they are seeking the death penalty for the groundhog in America because he has failed to predict the beginning of spring accurately. She focused on the need for investment. Clearly, the decision on whether to invest in a new combined cycle gas turbine at Cockenzie is very much a commercial matter for ScottishPower, but I am sure that the Government would welcome that investment and the jobs and energy that would be created if and when the development goes ahead.

The hon. Member for Gloucester (Richard Graham) said that the UK has thrived on immigration but not on foreign criminals, and I certainly agree with that sentiment. He made a concrete suggestion—I am sure that the Ministry of Justice will want to respond to it—about an amendment to the UK Borders Act 2007 that he thinks could address the issue of the deportation of foreign nationals who have served a prison sentence. I am sure that he will secure a response as a result of his speech.

The hon. Member for Worsley and Eccles South (Barbara Keeley), whose birthday I mentioned earlier, talked about sport and fitness for women and girls. She is right to raise that issue, and I commend her for doing so. We need more women and girls in sport, and the well-being that can be derived from that is considerable. She asked for responses to some specific questions, and I will follow those up. The hon. Member for Congleton (Fiona Bruce) talked about her local bypass and its importance in bringing industrial regeneration, particularly around Radnor Park business park in Congleton, and the possibility of investment in the aerospace industry.

We then heard from the hon. Member for Dunfermline and West Fife (Thomas Docherty). I am sorry to hear about Dunfermline Athletic football club. I am sure that Her Majesty’s Revenue and Customs and Her Majesty’s Treasury will want to look on that situation favourably and assist as much as they can. He also talked about Royal Navy personnel in Scotland. I can confirm that there will be a rise in the number of Navy personnel in Fife supporting the Queen Elizabeth-class build, peaking at about 750 personnel. I hope that he welcomes that.

The hon. Member for Southend West (Mr Amess) raised a very large number of issues, which are all noted. I am sure that the 20 Departments he mentioned will want to respond promptly.

The hon. Member for Strangford (Jim Shannon) discussed Ulster Scots culture. I am pleased that he did, because one always learns something in these debates, and that was something new. I think he claimed that no fewer than 12 US Presidents had Ulster Scots heritage, and I am sure that that is entirely accurate.

My hon. Friend the Member for Ceredigion (Mr Williams) spoke about interest rate swaps, which I am sure many Members are concerned about. He made a specific request about tailored business loans that I will follow up. The hon. Member for Harrow East (Bob Blackman) raised the issue of knife crime, which the Government are clearly committed to addressing. He made a specific proposal on a two-strikes policy that the MOJ may want to follow up.

The speech by my hon. Friend the Member for Colchester (Sir Bob Russell) was again a bit like groundhog day as regards Essex county council. He raised the expenses scandal, which he likes to mention in this place and I know he will pursue again and again.

We then heard about Mid Staffs, and I am pleased that we had had a detailed statement on that earlier. I have much sympathy with the concerns expressed about the future of the specialist accident and emergency services. That issue affects my local hospital, St Helier hospital, which is at risk in the same way.

The hon. Member for Rugby (Mark Pawsey) talked about electronic cigarettes. He will be pleased to know that the Medicines and Healthcare products Regulatory Agency has conducted research into this that will feed into the Government’s position on the European Commission’s proposals, to which he referred. My hon. Friend the Member for Birmingham, Yardley (John Hemming) pursued, as he does—I am sure that he will do so relentlessly—the issue of secret courts in relation to family justice.

The hon. Member for North Swindon (Justin Tomlinson) spoke about the apprentice scheme in his constituency. I commend him for that and hope that the young people he is working with will go on to make very successful business people in future. The hon. Member for Milton Keynes South (Iain Stewart) referred to concerns about his local A and E department.

I am afraid that I am running out of time and will not be able to complete my speech, but I commend the contribution of my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) and that of my hon. Friend the Member for Portsmouth North (Penny Mordaunt), who managed to talk seriously about hen welfare, but managed to make many references to eggs.

I conclude by wishing a happy Easter to you, Mr Speaker, and the staff of the House, including the Serjeant at Arms and his officers, Hansard, and José and Fedel in the gift shop. It is not eggs that I will be sharing this evening with staff in the Office of the Leader of the House, but liquid refreshment—

Freedom of Speech: Members of Parliament

Tom Brake Excerpts

Wednesday 13th March 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I should like to begin by congratulating my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on securing this debate. I should say at the outset that I am responding to the debate as the Minister with responsibility for Government policy relating to parliamentary privilege. I know that he knows that I have no responsibility for the police and will not attempt to answer for the conduct of the Sussex police in investigating an alleged offence of malicious communication under the Malicious Communications Act 1988. These are indeed operational matters, but of course he will have noted that the Minister for Policing and Criminal Justice was present during the debate and will have taken away with him the telling remarks that my hon. Friend made.

The House will have heard my hon. Friend’s description of events surrounding the investigation of the allegation of malicious conduct and the subsequent advice by the Crown Prosecution Service that no further action be taken. Hon. Members can draw their own conclusions about the merits of his constituent’s claims. I have to say that I have sympathy, as I am sure all hon. Members here tonight will, with my hon. Friend’s remarks about the amount of time and resources devoted to that investigation, given the nature of the allegations.

My hon. Friend spoke about his freedom of speech as a Member of Parliament. I therefore want to address my remarks to the protection of freedom of speech afforded to Members of Parliament by parliamentary privilege. In doing so, I might help to inform a judgment as to whether this particular case has any implications for the application of parliamentary privilege, or whether it is, as he said in his closing remarks, more an issue of police practices and policy.

Perhaps it would be helpful if I set out briefly how the protection of our freedom of speech afforded by parliamentary privilege extends to Members’ correspondence with constituents. Freedom of speech for Members of Parliament is guaranteed by article 9 of the Bill of Rights of 1689, but it provides absolute protection only to proceedings in Parliament. The meaning of “proceedings” in that context is to an extent open to interpretation and I am not aware that the issue raised by my hon. Friend of privilege for a Member’s correspondence with a constituent has ever been tested in the courts. The legal position is clear: the House has never sought to assert that privilege should apply to communications between Members and their constituents or other members of the public.

There have not been many cases to test the boundaries of privilege in that regard but the basic principles are clearly understood. It has been established that letters from constituents to Members are not proceedings in Parliament and it therefore follows that Members’ replies to constituents are not proceedings either. Indeed, the courts have separately determined that Members’ letters to Ministers are similarly not considered to be proceedings in Parliament. However, the courts have regarded some types of communication to a Member of Parliament by a constituent as enjoying qualified privilege in certain circumstances. For example, a Member who passes on a constituent’s concerns in good faith to the proper authority, such as a Minister, will not be protected by absolute privilege but is likely to be protected by qualified privilege.

Qualified privilege might also apply to communications with a link to parliamentary proceedings, such as a speech or parliamentary question, or those that relate to a matter of public concern. That will depend on the circumstances, but in their ordinary dealings with constituents, Members of Parliament, like everyone else, should expect to be subject to the laws of the land, including that on malicious communication. As all Members would agree, however, Members and constituents should expect the law to deal with matters proportionately.

I am not sure that my hon. Friend is making the case for change and for extending parliamentary privilege to all forms of communication between a Member and a constituent. The issue has been considered before, several times. The Joint Committee on Parliamentary Privilege, which considered the matter between 1998 and 1999, recommended that there should be no extension of parliamentary privilege to correspondence between MPs and Ministers. Conversely, the Joint Committee on the Draft Defamation Bill in 2011 argued that the

“the democratic process is unacceptably hindered by a lack of certainty and awareness among constituents about their right to engage in open and frank discussions with their Westminster representative”

and recommended that

“all forms of communication between constituents and their MP (acting in his or her official capacity as an MP)”

should be protected by qualified privilege.

I am sure that my hon. Friend is aware of the Green Paper on parliamentary privilege that the Government published last April, which arose in part from concerns that parliamentary privilege might be able to be used by MPs to avoid prosecution for offences relating to expenses, but also from a feeling that there might be scope usefully to clarify the law in certain areas, including on the definition of parliamentary proceedings and Select Committee powers. On the issue of Members’ correspondence with constituents, the Green Paper set out the Government’s view that, on balance, it is preferable to let the courts determine the boundaries of privilege on a case-by-case basis than to introduce a statutory qualified privilege for MPs’ correspondence. To extend an absolute privilege to correspondence between MPs and constituents could encourage malicious complaints to be made to MPs that are damaging to third parties. I am not aware that such an extension has been seriously advocated.

A Joint Committee is considering the issues raised in the Green Paper and we look forward to considering its conclusions on this and other issues, which are expected to be published in the next few weeks. I am sure that the Committee will consider tonight’s debate and all the points raised by my hon. Friend carefully to see whether they are pertinent. If Parliament collectively believes that some injustice arises from the way the courts apply the law, it is open to Parliament to change the law.

I do not see that the issue raised by my hon. Friend advances the case for any legislative action on parliamentary privilege, but we will consider the issue in the round when we receive the Joint Committee’s report. In the meantime, I hope that he ensures that he works hard on having a constructive dialogue with his local police force. I was going to say, “continues to have a constructive dialogue,” but I think perhaps to date that dialogue has not been there in the way that he would have liked.

Question put and agreed to.

Business of the House

Tom Brake Excerpts

Thursday 28th February 2013 Commons Chamber

[Mr Lansley]

As the hon. Gentleman suggests in his question, the House has resolved what should happen, and it is now a question of carrying that forward. He will of course have an opportunity to ask questions of Ministers in the Department for Business, Innovation and Skills shortly. I do not have the date—

[The Deputy Leader of the House of Commons (Tom Brake)]

On 21 March.

[Mr Lansley]

It will be on 21 March.

Business of the House (6 February)

Tom Brake Excerpts

Monday 4th February 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I beg to move,

That, at the sitting on Wednesday 6 February—

(1) notwithstanding the provisions of paragraph (2) (c) of Standing Order No. 14 (Arrangement of public business), Opposition business may be proceeded with for three hours, and shall then lapse if not previously disposed of, and

(2) notwithstanding the provisions of Standing Order No. 20 (Time for taking private business), the Private Business set down by the Chairman of Ways and Means shall be entered upon at the conclusion of the Opposition business, and may then be proceeded with, though opposed, for three hours, after which the Speaker shall interrupt the business; and the business may be entered upon after the moment of interruption.

The Government are facilitating the protection of both the Opposition half day allocated to the Democratic Unionist party and the opposed private business set down for Wednesday, with three hours each. Without this motion, any votes, statements, urgent questions or other business would curtail the amount of time available to Members for these important debates. I commend this motion to the House.

Political Party Funding

Tom Brake Excerpts

Tuesday 29th January 2013 Westminster Hall

[The Deputy Leader of the House of Commons (Tom Brake)]

It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for South Antrim (Dr McCrea) on securing this debate, and I congratulate the hon. Members for East Londonderry (Mr Campbell) and for Strangford (Jim Shannon), the right hon. Member for Belfast North (Mr Dodds), and the hon. Member for Penistone and Stocksbridge (Angela Smith) on taking part.

The hon. Member for South Antrim said that there was an important debate going on elsewhere today, but the debate in this Chamber is equally important. He made his representations in a calm, focused manner. He encouraged me perhaps to speak for Conservative Members when they were in opposition and for a former Conservative Member who defected to the Labour party. I am not particularly well placed to do that. In the debate in the main Chamber, the Leader of the House was asked to comment on the Liberal Democrat manifesto, but felt unable to do so. I am not in a position to comment in any detail on what Conservative Members may have said in opposition.

The hon. Gentleman mentioned the audit that applies to parties’ financial expenditure, as did the hon. Members for East Londonderry, for Upper Bann (David Simpson) and for Strangford. If hon. and right hon. Members have suggestions about how improvements could be made to that audit process, I am sure that the Government would be happy to ensure that they were passed on to the appropriate place.

[Mr Campbell]

So that the Minister is not under any misunderstanding, we are not asking for any adjustment to how the representative money is monitored and scrutinised. We want a level playing field, so that all Members and parties in this House are treated the same.

[Tom Brake]

I thank the hon. Gentleman for his intervention. I understood the point that he and his colleagues made.

In an intervention, the hon. Member for South Antrim asked what meetings had taken place. I confirm that my right hon. Friend the Secretary of State, her predecessor and ministerial colleagues have discussed this issue on a number of occasions with representatives of the party, both in the House and in the Northern Ireland Assembly.

In passing, in his willingness to take on financial responsibilities for his party the hon. Member for East Londonderry is a braver man than me. In my experience, that normally involves people taking out their own cheque book to cover the difference, but I hope that is not so for him.

The right hon. Member for Belfast North mentioned that in a previous debate in this Chamber, my hon. Friend the Member for Somerton and Frome (Mr Heath), then Deputy Leader of the House, gave certain undertakings. I hope that, at the end of the debate, the right hon. Gentleman will feel that we have made some progress. I should like to put some things on the record. It may be helpful for me briefly to set out the financial assistance available to opposition parties, specifically those whose Members have not taken their seats, without going over too much ground that has already been covered.

Short money for opposition parties in the House of Commons was introduced by resolution of the House in 1975 to assist opposition parties in carrying out their parliamentary business. Although that is not defined precisely, the money is used largely for the employment of research staff and support to the Whips’ Offices. In addition, Short money is used for funding for opposition parties’ travel and associated expenses, and funding for running costs of the office of the Leader of the Opposition. Levels of funding are calculated with reference to the number of seats won at the previous general election, with a sum for the number of votes gained by the party. I had wondered whether other parties from Northern Ireland might attend, to ask why they were not entitled to that funding. In the House of Lords, Cranborne money, the equivalent of Short money, was introduced in 1996. Hon. Members know that Short money is available only to parties whose Members have taken their seats, so Sinn Fein is not eligible.

In July 2005, the IRA formally announced an end to its armed campaign and undertook to pursue its aims by exclusively peaceful and democratic means. That paved the way for the provision of a new representative allowance payable to Members not taking the Oath, which is the subject of the bulk of this debate. On 8 February 2006, the House passed a resolution providing financial assistance to such Members towards expenses

“wholly, exclusively and necessarily incurred for the employment of staff and related support to Members designated as that party’s spokesmen in relation to the party’s representative business.”—[Official Report, 8 February 2006; Vol. 442, c. 897.]

Expenditure is audited in the same way, whether it is Short money or representative money. The term “representative business” is not specifically defined, although it is understood to include expenditure on press, publicity and related purposes. The sums provided are calculated on a similar basis to, and can be seen as an equivalent of, Short money. The right hon. Member for Belfast North set out the expenditure incurred by Sinn Fein.

In the context of this debate, it is important to note that both this House and the political situation in the Northern Ireland have changed significantly since the debates of 2001 and 2006. I know that all hon. Members would acknowledge that. In Northern Ireland, Sinn Fein Members play a full role in the Assembly. Despite attempts by dissidents to undermine the peace process, Northern Ireland’s devolution settlement has set it on a political path. Sinn Fein has accepted the consent principle set out in the Belfast agreement, which states that all parties

“recognise the legitimacy whatever choice is freely exercised by a majority of the people of Northern Ireland with regard to its status”,

and that

“it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.

It is true that Sinn Fein is elected on an abstentionist platform, so the electorate are well aware of its stance on taking seats and vote for it anyway. Nevertheless, the Government’s view, as the Prime Minister said in January 2011, is that

“we should be aiming for all Members who are elected to take their seats in this House.”—[Official Report, 26 January 2011; Vol. 522, c. 290.]

It is the Government’s view that the issue of representative money for parties that do not take the Oath is primarily a matter for the House itself to resolve.

In 2001 and 2006, the previous Government introduced motions to facilitate decision and debate. In 2010, this Government introduced proposals from the Wright Committee to establish a Backbench Business Committee, giving Back-Bench Members direct access to the scheduling of business on the Floor of the House. When my predecessor as Deputy Leader of the House responded to a debate on this issue in June 2010, which was mentioned earlier, the Backbench Business Committee was in its infancy, having elected its Chair only the previous week and not having met to schedule a debate. It was right then that the Government decided that at such an early stage it was not appropriate to ask the House to come to a swift resolution. The Backbench Business Committee is now an established, successful part of the House of Commons and has scheduled debates on a wide range of issues that might otherwise not have come to the Floor of the House.

The hon. Member for South Antrim may wish to consider approaching the Backbench Business Committee to demonstrate that the House should come to a view on this issue, on which there may well be a range of opinions that would benefit from being debated and, if appropriate, voted on.

[Dr McCrea]

I appreciate the attention that the Minister has given to the matter in his speech, but the Government cannot abdicate responsibility. They should be leading. There is an inequality among Members of the House which has been acknowledged by everyone, as enunciated by the Prime Minister and others for some time. Surely it is time for decisions, with Government leading rather than relying on a humble Back Bencher to bring the issue to the Floor of the House of Commons.

[Tom Brake]

I thank the hon. Gentleman for his intervention, but the agreement to provide representative money to Sinn Fein Members was made through a resolution of the House. He should go to the Backbench Business Committee because, in my experience, it is now in a position to provide for debates promptly. If it looked favourably on his approach, I am confident that the debate could be held soon after he sought it.

The subject generates strong views and is clearly an important matter of principle. Hon. Members have used the short debate today to set out some of those views. I hope that, in providing some background and a route open to Members for achieving a resolution, I have been able to assist hon. Members who wish to make progress.

[David Simpson]

I have listened to what the Minister has said on the different points, but, as the Minister, he must accept that the situation is intolerable and needs to be addressed as soon as possible.

[Tom Brake]

The hon. Gentleman and his colleagues have made some forceful points. I hope that, in responding to the debate, I have provided a route by which he and his colleagues could ensure that the matter was debated in the House, which would allow for the views of all Members to be expressed. Indeed, depending on how the motion was presented, it could be something on which the House might vote.

[Dr McCrea]

From what the Minister is saying, the Government are clearly not going to take the issue to the Floor of the House themselves. I will certainly be making the approaches suggested, but the notion of a Government who pride themselves on enunciating the principle that inequality must be done away with does not sit well with a Government who are afraid somehow to bring the subject of our debate to the Floor of the House. The Government should act, because every Member ought to have equality and, equally, ought to be treated fairly.

[Tom Brake]

I have noted what the hon. Gentleman has said and his request that the Government should undertake the matter. I will ensure that that is communicated appropriately, but he and his colleagues have the opportunity to bring the subject to the attention of the House by using the Backbench Business Committee, which has been successful in bringing often controversial matters up for debate. I hope that he will use that opportunity.

HEALTH

Tom Brake Excerpts

Thursday 20th December 2012 Commons Chamber

Martin Vickers (Cleethorpes) (Con)

- Hansard - - Excerpts

I am not sure I can follow that, but I will follow Members who have been somewhat critical of their local authority. I cannot compete with the hon. Member for Colchester (Sir Bob Russell), and I am usually reluctant to criticise the local authority publicly as I, like all Members, have to work with it for the betterment of the local area. However, one issue has been dominating the local media in north-east Lincolnshire in recent weeks—the closure of the Scartho road swimming pool, following a sham consultation.

The pool is approaching 50 years of age and it is accepted that significant investment is required to give it a new lease of life. I should mention that the pool is in the constituency of the hon. Member for Great Grimsby (Austin Mitchell), who is unable to be here today but is aware of my intention to raise this matter as the pool serves both our constituencies and the wider area reaching into the Gainsborough and Louth and Horncastle constituencies.

The hon. Gentleman and I have been supporting local residents, and in particular members of the Save Scartho Baths campaign. There is overwhelming local opposition to the proposal. The hon. Gentleman went so far as to use his Christmas card to highlight the council’s folly. Members may have seen that, as it reached the pages of the national press. When we met the council leader and his deputy a couple of weeks ago, it was clear that this was, shall I say, not entirely welcome. Whether or not it will take hold as a campaigning tool for other council members, only time will tell.

In fairness to the council I should mention that it proposes to build a new 25 metre pool on the site of the Grimsby leisure centre, but this is smaller than Scartho baths and will not include a diving bay. Following the introduction of the Localism Act 2011, I know the Government are keen to ensure that local authorities undertake proper consultation before making decisions about major local facilities, such as the one that I described. I acknowledge that it is not unknown for councils to go through what could be described as sham consultations, but the one undertaken by the North East Lincolnshire council on this issue reached a new low.

The consultation was undertaken following a public outcry, and residents were expecting to be able to indicate whether or not the Scartho pool should be refurbished. The only mention of the pool was in one of the questions which said, “The following facilities are coming to the end of their life, which would you replace? Please choose one of the following: Grimsby swimming pool or Grimsby leisure centre.” Other questions were, “Should the council continue to provide quality leisure facilities within the borough? Yes or No.” It would be difficult to answer anything but yes. Question 2 was, “Given the tough decisions the council is having to take around substantial reductions in funding, should it replace ageing leisure facilities?” Again, it is hardly possible to answer no. That is no way to run a taxpayer-funded, democratically accountable local authority.

The hon. Gentleman and I have met representatives of a company that is offering to carry out a free survey to determine whether an alternative proposal is viable, which might result in more being done with the funding available, but the council has refused the offer. The council has been contacted by another company which thinks that an alternative specification or a change of policy would give better value for taxpayers’ money, but it has again refused the offer. The council has refused to consider these alternatives. It is possible that those companies, having studied the proposals, met council officers and visited the sites, would conclude that the council’s proposal is the best way forward. It is unlikely, but it is possible. It is a disgrace that the council is denying those opportunities to deliver more for taxpayer’s money.

Campaigners have consulted a wide range of experts, and I am sure that the demand for transparency suggests that the council should at least stop and consider alternatives. It is also possible that additional funding might be available. Having spoken with the sports Minister, my right hon. Friend the Minister of State, Department for Culture, Media and Sport, I believe that it is now time for the council to pause and reconsider how best to move forward with the backing of local people.

It would be difficult to summarise the situation better than one of my constituents has done in a letter to the local paper, that excellent journal the Grimsby Telegraph. My constituent states that, having heard the council state that

“this current administration is committed to investing in tourism and leisure, I find it very reassuring. My difficulty is understanding how and why they seem to be getting it so wrong. Any reader of this paper will have noticed that they are getting little or no support for their proposals. The majority of the public, especially those who use our leisure facilities, find no justification in pulling down Scartho Baths. Indeed, it is just the opposite.”

I hope that that plea will reach the local authority and further consideration will be given to its decision.

I want to mention another issue of particular concern. East Coast, which is of course a Government-operated rail service, has just published its new local timetable. It states: “This new timetable shows you all our train services as well as local train services that connect conveniently with ours.” Compared with the previous edition, East Coast has removed Grimsby and, by implication, Cleethorpes, as well as Scarborough, Huddersfield, Sunderland and Middlesbrough from the timetable. I have written to its managing director but, as the Department for Transport has some influence in the matter, I hope that the Deputy Leader of the House will convey my thoughts to the Secretary of State for Transport and that by the time the new timetable comes into force next May, Grimsby and the other towns I have mentioned will have been restored to their rightful place.

The Deputy Leader of the House of Commons (Tom Brake)

- Hansard -

The range of subjects we have heard about this afternoon is unparalleled, from dogs that teach children to the merits of funding trips for council leaders to spa towns. I will try to respond to the individual points Members have made but, given the time constraints, will focus on those who are in still in the Chamber.

The contribution we heard from my hon. Friend the Member for Southend West (Mr Amess) contained an unparalleled range of issues. Were I to address them all, there would be no time left to respond to any of the other contributions. I hope that he has been able to get all his concerns off his chest. It will probably be simplest if I draw his speech to the attention of all Departments, because it contained something for them all, from the Foreign and Commonwealth Office to the Department of Health, the Department for Communities and Local Government, the Department for Business, Innovation and Skills, the Department for Environment, Food and Rural Affairs and the Department for Culture, Media and Sport. I would love to spend more time on that, but I hope he will understand that time constraints prevent me from doing so.

I thank the hon. Member for Walsall South (Valerie Vaz) for giving me notice of the issue that she wanted to raise about judicial reviews. She said that they come thick and fast. Indeed, the Government have found that since 1974 the number of them has risen from 160 to 11,000 last year, so they are coming thicker and faster year on year. We want to address that. She expressed concerns about the consultation, but I hope that she will none the less participate in it, like my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), who said that he would do so. The purpose of the consultation, among other things, is to hear Members’ views. The hon. Lady might simply provide it with a copy of today’s Hansard so that it can refer to the important points that she made and the experience on which she has drawn to highlight her concerns. The Government are embarking on this with an open mind in seeking to address the balance between reducing the burdens on public services and promoting access to justice and the rule of law.

The hon. Member for Calder Valley (Craig Whittaker) raised very effectively the issue of visas for Chernobyl children. The Deputy Speaker who was in the Chair earlier was described as Father Christmas in that he was able to offer speaking opportunities to all Members this afternoon. I am afraid that I cannot bear the gift that my hon. Friend would like, which is the extension or renewal of the scheme to support Chernobyl children. He will be aware that in November 2010 the Government set out their intention to stop funding that scheme, although they have agreed to provide a total of £200,000 in the last year that it will run. I will put to the FCO his request that the Home Office and the Department for International Development liaise to see whether there is a way in which they can move forward collectively on this.

The hon. Member for Nottingham North (Mr Allen) raised several issues, including the House business committee, a matter that is still ongoing and on which progress is being made. He welcomed the medals that will be given to those on the Arctic convoys who supported and saved our country at a very difficult time. He raised concerns about Atos Healthcare that I suspect would be echoed by many Members in all parts of the House. In his case, he focused on the length of time that it is taking to process appeals. Delays that run into 57 weeks are clearly unacceptable, and that must be addressed. He expressed concern about deaf children in relation to the personal independence payment and said that it might be a step backwards for them. Although he is not in his place, I urge him to raise that with the Department for Work and Pensions to see what its response is.

My right hon. Friend the Member for Bermondsey and Old Southwark talked about visa renewals and the so-called premium service whereby people pay a substantial sum of money to ensure, theoretically, that their visa renewal is dealt with more quickly. Unfortunately, all too often their experience is different, and if something about their visa needs further work they end up going back into the slow lane with everyone else and therefore derive no benefit from having paid a premium. He identified a solution that I will draw to the attention of the Minister for Immigration, who, I am sure, would want to draw it to the attention of the UK Border Agency. My right hon. Friend welcomed the announcement on the Arctic convoy medals, expressed concerns about judicial reviews, and finished with a quote from Charles Dickens.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) raised his concern that the criminal injuries compensation scheme would no longer be available in the case of a constituent of his. I do not know whether he has asked the Criminal Injuries Compensation Authority to investigate that specific case, but he will be aware that the Government have made changes to the scheme. We want to focus on the victims of the most serious crimes, which is why we have retained the maximum compensation available for a single injury at £250,000.

The hon. Gentleman also mentioned the local overseas allowance, the specific purpose of which is to contribute towards the necessary additional local cost of living for service personnel who are assigned overseas. It is also supposed to be flexible in order to address the different circumstances of people abroad. If he has not already done so, he could refer the details of the case he raised to the Ministry of Defence to see whether it assessed the allowance entitlement correctly.

The hon. Gentleman also mentioned housing allowance for service personnel and called on the MOD to work on it with the devolved Administrations and local government. It is principally the responsibility of local governments to decide what systems they use to prioritise housing for ex-service personnel. The Local Government Association might be able to take up the issue, in order to achieve a collective, more positive local authority approach.

The hon. Gentleman raised the issue of Ofcom and asked whether the Department for Business, Innovation and Skills could look at providing a level playing field, so that Royal Mail could operate under the same level of regulation as others in the same business, such as TNT.

The hon. Member for Beckenham (Bob Stewart) brought his extensive expertise on defence, which the House values greatly, to the issue of British personnel deaths in Afghanistan. I would like to take this opportunity to commend our service personnel for operating in the most demanding of environments and demonstrating immense personal courage. As the hon. Gentleman has said, 438 members of our armed forces have died while serving in Afghanistan and their loss is keenly felt. On behalf of the Chamber, I extend my sympathies to those families and friends who have lost loved ones. A much greater number of personnel have also been seriously injured or wounded in Afghanistan.

Our strategy is designed to enable the country effectively to manage its own security and prevent its territory from ever again being a safe haven for international terrorism. I echo the hon. Gentleman’s point that no one in this House will blame our servicemen and women if their mission is not successful. They have fought the battle that they needed to fight, but it is clear that many of the enormous problems on the ground are beyond their control. Their remit has also gone beyond the military remit set at the outset.

I thank the hon. Member for Bishop Auckland (Helen Goodman) for giving me advance notice of her speech. She is concerned about the impact of Government policies on the north-east. At the same time, however, she highlighted that the north-east is still the most successful region in the country, with the biggest car plants in Europe and the biggest chemical plant in the UK, so in some cases things are working very well in her region and we support that. Whereas in the past there was an awful lot of focus on financial services in London, the Government are trying to ensure that we focus much more on the manufacturing industry, which would, of course, benefit her region. We are starting to see some improvements, with manufacturing exports going to the world’s emerging economies. There has also been an increase in exports in the past 12 months, so her region should benefit from that too. I could reel off other statistics if she would like, but she may get frustrated by that. She referred to the £64 million for the upgrade of the A1. There is also £61 million to build more than 3,300 new homes for affordable rent and £17 million to return more than 1,500 empty properties to use in the north-east and Yorkshire. Although the scale of Government activity is perhaps not what she would like, there are positive developments in her region, which I hope she will welcome.

The hon. Member for Central Devon (Mel Stride) referred to a large number of people. Other Members alleged that that was to cut down on the cost of his Christmas cards. I am sure that that is not the case. I cannot possibly mention all the people he mentioned. I say to him, however, that the risk of mentioning a large number of people is that everyone in Central Devon who reads this debate and whose name is not on the list will wonder why they were excluded. I congratulate him on highlighting a number of important community activities, including the new community school, the youth services and the fostering work of people in his area. He has put on the record his thanks to a large number of people and groups, and we would all like to echo that.

The right hon. Member for Tottenham (Mr Lammy), who is not in his place, mentioned first that people can drink quite a lot at Christmas. Those who attended the Leader’s reception last night will know that there was very little drinking at all. On a more serious point, the right hon. Gentleman said that we need to think about the police at this time of year because, although we may be about to go on recess and will relax over Christmas, they have the responsibility of dealing with some of the fallout of Christmas. Regrettably, as many Members will know, one of the fallouts of Christmas is an increase in domestic violence, which the police have to deal with.

The right hon. Gentleman referred to the threat of a police station closure in Tottenham. He will know that the Mayor of London has said that the police station will not close. However, he is clearly concerned that the hours of operation may be different. I say to him that this issue is surely not just about the availability of a building, but about ensuring that people have a way of quickly and effectively reporting crime. Many people would want to report crime from home if they could, rather than having to go to a police station.

There are ways and means of dealing with some of his concerns that do not necessarily require the number of police stations to be maintained exactly as it is throughout London. London Members will be aware that some counters in London receive very few visits, if any. There are strong arguments for saying that police resources could be used more effectively by supporting people in other ways, such as patrolling the streets, rather than sitting behind a counter, waiting for a caller who does not come.

I certainly echo the concerns of the right hon. Member for Tottenham about fire station closures. There is a risk of closures throughout London. I am sure that the Mayor’s press office will have been following this debate closely and will want to respond to him about those concerns.

The hon. Member for Gainsborough (Mr Leigh) made such a short contribution in relation to medals that I was not quite sure what he was talking about. I think that he was talking about the fact that men who served in Bomber Command will receive only a clasp. I am sure that the Ministry of Defence will have noted his concern that that is not sufficient recompense for the sacrifice that they made for us 60 or so years ago.

The hon. Member for Brent North (Barry Gardiner) commended Brent Pensioners Forum on its 25th anniversary. We certainly join him in that, but there are other areas where I am not able to join him. He clearly feels that the Government’s energy policy is ancillary to the wider economic goals. I do not accept that; I think that the two are intrinsically linked. I hope he agrees that clarity on the investment that will go into the energy industry is as welcome as it has been lacking. I know he has concerns about the extent to which the Government are addressing fuel poverty, but a wide range of different measures are in place at a time that is challenging—as he knows and as the Government know—in terms of energy prices and because we are seeking to address a substantial deficit.

The hon. Member for Harrow East (Bob Blackman) paid tribute to Betty Geller and the role that she played in his constituency. He also referred to the important issue of phoenix companies, and businesses have raised concerns about that with me as a constituency MP. One business in my constituency provides insulation. It tends to go in at the end of a contract and is often not paid because it arrives at the end of the whole process. It has seen phoenix companies re-emerge with the same directors in place. The hon. Gentleman is concerned that the system is not working. If he has not already done so, perhaps he will write to the Department for Business, Innovation and Skills and set out the precise details of the case of Medi-Vial to which he referred, so that we can consider whether there are ways of improving the system to ensure that directors who are not fit to run companies are precluded from doing so. He made a sensible suggestion about the Secretary of State exploring further measures such as electronic systems to report problems on line.

The hon. Member for Hayes and Harlington (John McDonnell)made serious allegations about the activities of Hillingdon council that have not gone unnoticed. Those allegations are now on the record and I expect the council will want to respond. If he has not already done so, perhaps the hon. Gentleman will communicate his concerns to the local district auditor, which will want to investigate those serious allegations. I am surprised if a new swimming pool has been built without a contract—

John McDonnell

- Hansard - - Excerpts

Would you like to see the report?

Tom Brake

- Hansard -

The hon. Gentleman asks from a sedentary position whether I would like to see the report, but I trust that he has read that report carefully. If what he says is the case, it concerns me greatly. I am sure that Hillingdon council and—if he communicates his concerns —the district auditor, will want to pursue the serious issues raised.

My hon. Friend the Member for St Austell and Newquay (Stephen Gilbert) spoke about flooding and listed villages and towns in his community that have been affected. Flooding is clearly a real and ongoing risk to his constituents, and he mentioned the 19 flood warnings currently in place and the £30,000 of damage that is typically caused to a home by flooding. The future of flood insurance is a priority for the Government and discussions with the Association of British Insurers are continuing. However, the Government do not want to comment on the detail of those negotiations at this stage as conducting such negotiations from the Dispatch Box is not good practice.

We continue to seek a new approach that is better than the statement of principles—which, as my hon. Friend said, is not perfect—and that genuinely secures affordable flood insurance without placing unsustainable costs on other policy holders and the taxpayer. The Government’s primary role is to reduce flood risk, and in recognition of that an extra £120 million was announced in the autumn statement for flood defences in England over the spending period. That is on top of the £2 billion that has already been committed. My hon. Friend raised interesting issues about the Bellwin scheme, and I hope that the Department for Communities and Local Government will respond to his specific point about what he believes are anomalies in the way it works.

The hon. Member for Hexham (Guy Opperman) named a number of constituents whom he thought worthy of mention, and I certainly agree. He also highlighted how the Government are committed to localism and reversing the decades or indeed centuries of centralisation in this country. That reversal is probably welcomed by Members on both sides of the House, who recognise that the pendulum had swung too far. We are now swinging it back the other way.

On the hon. Gentleman’s specific concerns about Northumberland, the Government have set out clearly our commitment to the protection of the green belt, ensuring that more than a third of England is safeguarded from inappropriate development. The national planning policy framework states that the Government attach great importance to the green belt, the fundamental aim of which is to prevent urban sprawl by keeping land permanently open.

Subject to the outcome of consultation, it remains our policy to abolish the previous Government’s top-down regional strategies, which threatened the green belt in around 30 towns and cities. We have not built enough housing for decades. Unless we tackle that, future generations will have nowhere to live. That does not mean that the countryside will be concreted over for housing. There is no Government policy on the amount of land needed for housing provision, and local councils and communities are best placed to determine how housing need should be met.

The hon. Gentleman went on to ask a number of specific questions for the Department for Communities and Local Government, to which I am sure it will want to respond.

I am afraid I did not make a note of the different countries that were visited by the ex-leader to whom my hon. Friend the Member for Colchester (Sir Bob Russell) referred. Clearly, it was a large number of countries. Like him, I express some surprise that the ex-leader of said council has found it necessary to visit quite so many continents. He could learn about local government in some of the countries my hon. Friend named, but I suspect he took more to them than he took away. My hon. Friend needs to raise the matter with the local district auditor, as I am sure he has, so that he can investigate. I thought my hon. Friend would call at the end of his speech for the Independent Parliamentary Standards Authority to be brought in to introduce an expenses system to keep control of expenditure at Essex county council. I waited, but the call did not come.

I should tell the hon. Member for Dover (Charlie Elphicke) how much my family enjoy visiting Dover castle, which is a fantastic destination for families. He welcomed the new hospital coming to his constituency. If I could temporarily abandon my hat as Deputy Leader of the House, I would say, as the right hon. Member for Carshalton and Wallington, that I would welcome a new St Helier hospital in my constituency. The hon. Gentleman referred to the port of Dover remaining as a community port. I lived in France for 10 years, so I hope he objected to the French not because they are French, but because they are not British.

Charlie Elphicke

- Hansard - - Excerpts

indicated assent.

Tom Brake

- Hansard -

The hon. Gentleman nods in agreement, so he does not object to the French because they are French. I understand why he welcomes the news that his port will be kept for local people—it is a positive development.

Like my hon. Friend the Member for St Austell and Newquay, the hon. Member for Tiverton and Honiton (Neil Parish) was concerned about flooding. Many Members in flood-risk areas are worried about developments in areas that are liable to flood. He made an interesting proposal on dredging and whether an honorarium should be introduced. The Department for Environment, Food and Rural Affairs might want to investigate that sensible idea of an honorarium so that local people can take responsibility for ensuring that sluice gates are open at the right time.

The hon. Gentleman referred to—

Neil Parish

- Hansard - - Excerpts

Schmallenberg.

Tom Brake

- Hansard -

I thank the hon. Gentleman for that clarification. It is not something that I encounter often in my suburban constituency. He highlighted the risk of Schmallenberg and said that it is a growing challenge for sheep farmers.

The hon. Gentleman also raised the issue of dogs helping kids. He may not have noticed, but at that point, Mr Deputy Speaker raised a sign encouraging the hon. Gentleman to sit, which I thought was cruel.

Neil Parish

- Hansard - - Excerpts

I ignored it.

Tom Brake

- Hansard -

Indeed—the hon. Gentleman ignored it. I had an interesting conversation with my hon. Friend the Member for St Ives (Andrew George), who tells me that pigs are nifty football players. Perhaps there is a role for pigs in helping kids.

Last, but not least, the hon. Member for Cleethorpes (Martin Vickers) demonstrated very well the purpose of the pre-recess Adjournment debate, which is to enable Members of Parliament to raise constituency matters. He raised, very effectively, the issue of Scartho baths; as a frequent swimmer myself, I like longer pools to swim in, not smaller ones like that proposed in his neighbouring constituency. His plea for his local authority to listen is now on the record, and I hope that it will do so. He also raised concerns about the east coast main line, and I will ensure that the Department for Transport is aware that Cleethorpes has disappeared. That is significant, and I know that the Leader of the House is also concerned about that as a user of that service.

I thank you, Mr Deputy Speaker, your staff, the House staff and staff in the office of the Leader of the House for helping, supporting and advising us, and I wish everyone a happy Christmas.

Mr Deputy Speaker (Mr Lindsay Hoyle)

- Hansard - - Excerpts

I wish to take this opportunity to wish Members all the best for Christmas and the new year. I am sure that Cleethorpes will be returned. If not, those responsible will no doubt find out that they are shark bait.

Question put and agreed to.

Resolved,

That this House has considered matters to be raised before the forthcoming adjournment.

Parliamentary Language

Tom Brake Excerpts

Wednesday 17th October 2012 Westminster Hall

[The Deputy Leader of the House of Commons (Tom Brake)]

It is a pleasure to serve under your chairmanship, Mrs Riordan. I congratulate the hon. Member for Rhondda (Chris Bryant), who is a former Deputy Leader of the House, on securing the debate. He has set out his detailed historical knowledge of parliamentary procedure and his long-standing interest in the matter. He highlighted some of the discrepancies that can be identified in “Erskine May”, and has entertained us with stories of how Parliament used to be. He presented an image that resembled a fight club, but with occasional use of parliamentary procedural language.

It is a great pleasure to respond to the debate, particularly as the Government have no direct responsibility for parliamentary language. As the hon. Gentleman knows, the language used in Parliament is a matter for Parliament itself, and in this House it is the Chair rather than the Government who has responsibility for ensuring that what is said is in accordance with the rules and conventions of the House. We all rightly respect the Chair, and in responding to the debate I certainly will not be suggesting to you, Mrs Riordan, nor to the Speaker or his Deputies, how they should apply the rules of the House.

Having absolved myself of any responsibility for parliamentary language, I am happy to address the points raised by the hon. Gentleman. It is right that we conduct debates in the House in a courteous and reasonable manner. Although we may profoundly disagree with one another, resorting to personal insult and abuse would demean the institution of Parliament and its Members. “Erskine May” states that

“good temper and moderation are the characteristics of parliamentary language.”

There may be times when those characteristics are not as in evidence as they might be, but we rely on the wisdom and authority of the Chair to set the limits.

Being too prescriptive about terms that are and are not parliamentary is easy. Much depends on the context in which they are used. As the hon. Gentleman may know, pre-1983 editions of “Erskine May” contained lists of terms that had been ruled unparliamentary. The disadvantage, of course, is that unparliamentary use is often more to do with context or the tone with which something is said. Simply having a list is no guarantee against parliamentary abuse by Members.

We have all experienced this, me included: I thought that my language was in good temper and moderation as I introduced a ten-minute rule Bill on freedom of information, during which I did not accuse individual Members, but accused some of perhaps duplicitous behaviour in relation to expenses and a particular Bill, but I was slapped down because my language was deemed bad-tempered and immoderate. I felt that, in those circumstances, the language that I used was appropriate. To codify such things is extremely difficult, as they are not always black and white, which is why it is better for the Chair to judge the factors on a case-by-case basis.

I think that most Members would not want us to go down the Australian route, where a much more colourful turn of phrase is permitted. The terms of endearment that Paul Keating used towards John Howard include “desiccated coconut,” “mangy maggot,” and much worse. I hope most Members would agree that that is not the route we should go down.

The hon. Gentleman referred to arcane language. I understand his point. He said that the arcane language we use is often unnecessary or old-fashioned, but addressing other Members through the Chair provides some distance and perhaps reduces the antagonism that might be felt and, therefore, slightly lowers the temperature of debates, which should be welcomed.

[Chris Bryant]

I could talk through the Chair but, none the less, refer to Tom Brake, rather than the right hon. Member for whatever constituency he represents.

[Tom Brake]

Indeed, the hon. Gentleman could. My point is that, by talking through the Chair and referring to other Members as right hon. Gentlemen or right hon. Ladies, we are providing some distance and reducing the temperature, which, except for some rather bad-tempered debates, ensures that good-tempered and moderate language is used in the House.

People might feel that some of the terminology that we use—Adjournment debates, early-day motions, substantive motions and Divisions—do not help the public to engage, but others would argue that at least some members of the public appear to have little difficulty in following parliamentary proceedings on the Parliament channel. They seem to cope with some of that language. Of course, there have been some incremental reforms: we do not refer to the Public Gallery as the Strangers Gallery any more. The hon. Member for Broxbourne (Mr Walker), the new Chair of the Procedure Committee, might have views on such matters and want to consider the question of archaic language.

One point on which the hon. Member for Rhondda was perhaps not entirely correct is that, in this House, we may refer to members of the royal family, the Speaker, members of other Parliaments and judges, provided that there is a substantive motion for the House to debate. In such circumstances, it is perfectly legitimate to debate members of the royal family or other categories, such as senior judges. Again, the fact that that is done through a substantive motion ensures that, for instance, the courts are treated with the respect they should and that there is a strong relationship of trust and respect between the courts and the House.

[Chris Bryant]

If, for instance, a member of the royal family is appointed by UK Trade and Investment to adopt an ambassadorial role on behalf of the country and the Government, is it not perfectly appropriate that Members of Parliament should be able to ask questions about the expenditure on their flights, how much it costs for them to travel, whether they have been doing a good job and whether, frankly, they have been a complete and utter embarrassment to the country?

[Tom Brake]

A debate on the hon. Gentleman’s specific points might be possible through a substantive motion, and I will write to him to clarify that.

Finally, time does not allow me to rehearse the 13 June debate on the then Secretary of State for Culture, Media and Sport, but that debate made something clear: when a serious allegation is made against a Member and provided there is a substantive motion, it is perfectly in order for that debate to take place and for matters contained in the substantive motion to be raised. The only caveat is that there is still a need to maintain good-tempered and moderate language in that debate, so that the genuine, substantive issues contained in the motion can be debated appropriately.

I thank the hon. Gentleman for raising the matter. I have noted his concerns and will ensure that they are drawn to the attention of, for instance, the new Chair of the Procedure Committee. He raised the specific point about Ministers ensuring that statements are received within 45 minutes, which I will ensure is taken up with Departments.

General Matters

Tom Brake Excerpts

Tuesday 18th September 2012 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I should like to start by thanking Members for their congratulations. I had expected to have only one principal responsibility today—namely, to respond to the many contributions to this debate. I was not expecting to have to name a Member of the House, as I had to do earlier. I welcome this opportunity to respond to Members now, and I hope that I shall be able to do justice to all their contributions. I have been in the House for 15 years, but I confess that my knowledge still does not extend to the detail of all the points that have been raised. However, I welcome having been given this opportunity to learn about the Butterley spillway, about Jersey’s jurisdiction and about the very precise planning arrangements that apply in Northamptonshire. I shall attempt to answer as many points as I can.

The hon. Member for Walsall South (Valerie Vaz) expressed concern about planning. Clearly, the Government’s concern at the moment is to ensure that the economy is growing, and planning has to play a part in that, albeit in the context of sustainable development. We should therefore be able to reassure her that the green belt is not under threat. She also expressed concern about powers being taken away from local authorities, but authorities need to be concerned only if they are not managing their planning applications effectively. Also, they will need to resource their planning departments accordingly, to ensure that planning applications are dealt with promptly. We want to see housing developments and commercial developments happening as soon as possible because of the jobs that will be created in that way and the extra revenue that will come to local authorities on the back of it. The hon. Lady raised some specific questions, to which I hope the Department for Communities and Local Government will want to respond in detail.

The hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) focused on a constituency issue, involving IBM and Southwest One. The first thing to say is that a legal dispute is under way, so I apologise if I can refer in only general terms to the matters that were raised. The Government are clearly very much in favour of local authorities doing their own procurement. We encourage local authorities to consider pioneering procurement solutions with a view to delivering savings for local residents. Equally, of course, if things do not work in the expected way, we would expect local authorities to learn from any mistakes made as part of a procurement process. Within Government, we are doing a lot of work on procurement and on commissioning—looking at how local government can work better on commissioning and share information and knowledge.

The right hon. Member for Southampton, Itchen (Mr Denham), who is not in his place, raised the issue of GCSE results. This matter has been well trailed in recent days and weeks. The Secretary of State for Education responded to questions on that subject yesterday, and Education questions happened a fortnight ago. The starting point—the right hon. Gentleman should know, because he was the architect of it—is that there is an independent regulator, Ofqual, whose responsibility it is to look at these issues. One positive point for those concerned about this matter is that the Secretary of State explained in questions a couple of weeks ago that if Members felt that particular schools provided exceptional cases, those cases could and should be raised with Ofqual.

My hon. Friend the Member for Edinburgh West (Mike Crockart) spoke about nuisance calls, which I suspect we all experience on a daily basis. At home, we have been registered with a telephone preference service for at least 15 to 20 years, yet we still receive a high volume of calls inviting us—apparently because we had an accident—to pursue various matters. Action should be taken, and I know my hon. Friend is pursuing this vigorously. He has raised the matter with the Leader of the House previously and I know that the Information Commissioner has written to him on this important matter, which the Information Commissioner is actively pursuing. He and I and, I am sure, all other Members, would like to see some resolution so that we are not bombarded by these unsolicited calls at all times of day and night. My hon. Friend said that he would like to meet Ministers from both the Department for Culture, Media and Sport and the Ministry of Justice to discuss this matter further. I hope they have heard that call and will respond to it. Clearly, with a 10,000-signature petition, this is an issue that people are extensively worried about.

I turn now to the contribution of the hon. Member for Worsley and Eccles South (Barbara Keeley). Speaking as a keen sportsman myself, I am very keen to achieve a real legacy from the Olympics, particularly a legacy for women in sport. The hon. Lady claimed credit—rightly or wrongly, I do not know—for securing a statement from the Secretary of State for Culture, Media and Sport just a couple of days after her request to make it clear that the Government expect the media to continue to cover women’s sport in the way that they did during the Olympic and Paralympic games. The screams that came from our household were certainly just as loud for Jessica Ennis as they were for any of the male athletes such as Mo Farah and David Weir, who is Wallington’s golden boy—four times gold medal winner in the wheelchair events. I share a bit of the hon. Lady’s pain. She spoke of having had to respond to 400 speeches, and then corrected herself by saying that it had been only 40. I understand a little of what she felt.

[Barbara Keeley]

That was a slip of the tongue, but I must say that it sometimes seems like that many. The Deputy Leader of the House has been fairly lucky today, as some Members did not make their contributions, but I hope that he does not find himself responding to that number in the future.

[Tom Brake]

I certainly hope not. It would be a very full House if I did.

The hon. Member for Central Devon (Mel Stride) spoke of the need to encourage business growth. That is something to which the coalition Government are fully committed, and we have already seen some very positive results during the first two years of the coalition. Some 900 private sector jobs have been created, the deficit has been cut by a quarter, and inflation has halved since its peak. All that contributes to encouragement of business growth. We have also seen many successful investments, particularly in the automotive industry.

The hon. Gentleman referred to maternity and paternity rights. It is clearly the Government’s role to ensure that the balance is right. The hon. Gentleman was concerned about the impact on small businesses, but the Government are considering ways of strengthening families, and we need to take into account the role that maternity and paternity rights can play in that respect. We are also reviewing regulations, which will help businesses, and we would encourage people to take part in, for instance, the current consultation on pub regulations.

The hon. Member for Stretford and Urmston (Kate Green) referred to the tragic case of Luke Molnar, who died in the way that she described. Let me take this opportunity to express my condolences to his family. I know that the hon. Lady has been working very hard on the case. The Department for Business, Innovation and Skills and the British Standards Institution are still actively exploring how the guidance could be made more widely available and how it might be improved. The hon. Lady made some very clear demands in her speech, which I am sure the Department has registered and to which I am sure it will wish to respond in detail.

The hon. Member for High Peak (Andrew Bingham) rightly raised the issue of mountain rescue. He described the exceptional volunteers who are involved in it, the roles and activities that they undertake on behalf of people in distress, and the risks that they confront. He tried to pre-empt one of the Government’s arguments in referring to the ease or otherwise of distinguishing between a mountain rescue vehicle and a privately owned vehicle. It is true that the Government believe that there are some problems in that regard, but, as the hon. Gentleman will know, shortly after he raised questions about the matter on a previous occasion, a £200,000 fund was provided to cover the cost of procuring rescue equipment for teams in England, Scotland, Wales and Northern Ireland. It is also worth pointing out that charities benefit from a substantial contribution in gift aid which is worth £1 billion a year to them. However, the hon. Gentleman was a passionate advocate of the tax changes that he was seeking. I am sure that the Department for Transport and the Treasury heard the points that he made, and they may wish to respond.

The hon. Member for Strangford (Jim Shannon) talked about employment and support allowance and disability living allowance, of which all Members probably have some knowledge as a result of their casework. The hon. Gentleman may wish to pursue individual cases further, but I can tell him that the Government have moved in a positive direction and have been more generous in relation to cancer patients’ access to the ESA support group. The Government have looked at the work capability assessment and the Harrington proposals, and have made improvements. The Government are not deaf to the issues that have been raised. We entirely agree that we must do the right thing by the most vulnerable in society. That is precisely what we are doing, but there will always be individual cases that require further scrutiny.

My hon. Friend the Member for Congleton (Fiona Bruce) raised the subject of Sunday trading and sought some firm guarantees from me and the Government. As she will know, a permanent relaxation of the Sunday trading laws was considered and rejected as part of the Government’s recent red tape challenge in June 2011. A review is rightly under way of the impact of the temporary suspension for the Olympics and Paralympics. If the Government decide on a permanent relaxation of the restrictions, new legislation would be needed and Parliament would have its say on that. My hon. Friend offered some fairly convincing evidence from the British Retail Consortium and the Association of Convenience Stores, however, showing that the impact on their business had been negative, so this might not, in fact, be a good way to increase trade after all. I agree with her, too, in that I would never say that I wish I had spent more time shopping.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) raised the issue of Gary McKinnon and his family. There is always a risk for Members that past comments made in this place will catch up with us, and that was the case for me in respect of my hon. Friend’s opening remarks. It is, perhaps, safest for me to say that my hon. Friend has put a lot of strength and passion into his campaign, and he is a very articulate advocate for the McKinnon case. The sole issue for the Home Secretary to consider, however, is whether extradition would breach Mr McKinnon’s human rights. The courts have allowed time for the Home Secretary’s medical experts to consider the new representations made by Mr McKinnon’s representatives. I assume that there will be an announcement on that on or around 16 October, and it may well be appropriate for us to hear about that in the House.

[Mr Burrowes]

Can the right hon. Gentleman explain why we have not had a decision yet, or at least get an answer to that question from the relevant Department? I also ask for an assurance that the timetable for a decision will not be constrained by any parliamentary or party conference timetable.

[Tom Brake]

As my hon. Friend said, other issues have had to be addressed. The Olympics and Paralympics are now over, but there are other matters to be considered, too. I hope that he will get some satisfaction on this question very soon, but it would not be appropriate for me to specify a time. This issue has been on the Government’s radar for many years, however, and we all want a swift resolution, especially for Mr McKinnon and his family.

My hon. Friend the Member for Colne Valley (Jason McCartney) talked about Butterley spillway. As I said, I would be pleased to know more about this issue, and the campaign group that has been established and put that grand staircase on the map. He outlined the actions that Yorkshire Water is taking in relation to the different options it is considering. He made some specific requests and it would be appropriate for the relevant Department to respond to those. Such requests included asking for full transparency of all documents. He also asked questions about whether or not the structure will remain listed, and they need a response.

My hon. Friend the Member for Birmingham, Yardley (John Hemming) has a reputation for campaigning on issues associated with family courts. He probably wanted to put on the record, and he certainly effectively did so, what he had to say about Jersey and its particular case. He rightly said that he bounces up and down to raise this issue frequently—

[John Hemming]

rose—

[Tom Brake]

I suspect, from his posture, that he is about to do so again.

[John Hemming]

I congratulate my right hon. Friend on his new role, which gives him the challenge of answering this question: I understand from people I have spoken to after I made my speech that there have been protests today outside the British embassy in Bratislava about malpractice in the English family courts, so does he feel that it might perhaps be in the Government’s interest to drop their family justice review and support my Family Justice (Transparency, Accountability and Cost of Living) Bill?

[Tom Brake]

I thank my hon. Friend for that intervention. It would certainly be appropriate for the Government to respond to his suggestion, but it would also be totally inappropriate for me to agree to it at this time. He also suggested that a Committee should be set up to consider cover-ups. Again, I am not sure which Department would deal with those, but I am sure that it has noted that request.

My hon. Friend the Member for South Northamptonshire (Andrea Leadsom) talked about localism. Clearly there is total agreement in the coalition on some issues, and the need to promote localism is definitely one of them. Both parties identified the issue as something we wanted to address, given that the UK has become one of the most centralised countries in the western world. When raising the issue of wind farms, she highlighted the fact that there may be a conflict between localism, which we want to prioritise, and different agendas to which the Government are equally committed in ensuring that we are the greenest Government ever. She posed a number of questions that would be best answered by the Department for Communities and Local Government in writing. I am thinking, in particular, of the issues she raised about where the priorities lie between strategic plans, regional plans and neighbourhood plans, and what opportunities there are for local residents to have an input in that process and change the outcome.

The right hon. Member for Leicester East (Keith Vaz), who is no longer in his place, has been a consistent campaigner on violent video games. He will be aware that a new statutory system was introduced on 30 July, which will mean that a person who sells a game rated 12-plus to someone below that age will have committed a criminal offence and could be subject to a fine of £5,000. He made a point about prosecutions, and he may need a response about how many prosecutions there have been in respect of that subject. In an intervention, the hon. Member for North Swindon (Justin Tomlinson) rightly raised the role of parents in this matter, and I should put on the record the fact that the “Control. Collaborate. Create.” campaign has been launched. It includes the re-launch of the askaboutgames.com website, which is a resource to help parents better to understand what games are and whether they are appropriate for a given age group. The right hon. Gentleman asked a specific question about the Byron review and what has been implemented that might require a detailed response. Some aspects have been implemented, and the changes to the video games classification system followed its recommendations. A further response detailing the date for implementation of other aspects, if known, might also be helpful.

The hon. Member for Gloucester (Richard Graham) spoke about the Gloucester City Homes ALMO, which he described in glowing terms. I am sure that it is as effective as mine, the Sutton Housing Partnership. He quite rightly called for it to be able to access capital to ensure a decent capital investment programme to allow the affordable homes needed in his city to be built. We would all support that, in terms both of providing additional homes—there are few parts of the country where there is no pressure on affordable homes—and of creating the jobs that come with the building programme.

The hon. Member for Peterborough (Mr Jackson) spoke about air passenger duty, and I might not be able to satisfy him entirely. I agree that aviation is vital to the UK economy, but the Government undertook an extensive consultation on air passenger duty last year. We received 500 responses and we have published our response, including a summary of the views received. At this point, the Government have no plans to commission further research into the impact of air passenger duty, and although he is right that there has been a substantial increase of 8%, the increases for 2013-14 will be in line with RPI. If air passenger duty is cut as he suggests, its contribution to the Government’s deficit reduction programme will have to be compensated for somewhere else. He mentioned that people power has been very effective in the campaign and I am sure that not a single Member of Parliament or Minister is unaware of the campaign, given the volume of the representations that we receive.

The hon. Member for Cleethorpes (Martin Vickers), who explained that he could not stay to hear the wind-ups, rightly plugged his desire to see through-trains to King’s Cross as part of the franchising process, which has been effectively put on the record.

The hon. Member for Belfast East (Naomi Long) referred to the importance of ensuring that lending was going to small businesses in particular. Project Merlin was successful, and last year there was a 20% increase in lending and a 13% increase in SME lending compared with in 2010. As she said, we have moved on to a different arrangement with the funding for lending scheme. She made some very sensible points about the importance of ensuring monitoring at a Northern Ireland level so that it could be seen to be effective there, too, and some strong points about the definition of new lending, so that we know that it amounts to new lending. I am sure that her comments will be read closely by the Treasury, which might want to pick up on some of them.

The hon. Member for North Swindon talked about the national citizenship scheme in Swindon. I have a few notes on that, but I cannot tell him anything about it as he has been there five times, was there at the beginning and has watched it develop. The Government are committed to the scheme. Some 8,500 young people participated last year, 30,000 places are available this year and the Prime Minister has announced that a further 90,000 places will be available in 2014. It is the Government’s intention and our ambition, which he shares, to try to make this a universal scheme so that every single 16 and 17-year-old can participate. He also got in a good plug for Swindon college and its need for some clarity on when the money will be available. If more clarity can be given, I am sure that he will secure a written response.

My final point on the hon. Member’s contribution is that it was good to hear in this Chamber a positive story about young people, because too often all we hear are the bad stories, which give the wrong image and do not celebrate the excellent, hard-working, committed and intelligent young people across the country who are participating in schemes such as the one he described in Swindon.

Finally, my hon. Friend the Member for Witham (Priti Patel) touched on a range of issues, including planning conditions relating to a training ground being used by Colchester United football club, the importance of shopping streets, an appeal for Government support for Witham’s bid for infrastructure investment, bank lending to small businesses—something that was touched on earlier—and, in particular, the difficulties Amelia Rope is having in securing support for her business. Businesses such as hers, which have received a lot of publicity and are clearly doing well, are exactly the sort that we want to secure lending to ensure their expansion so that they can provide additional jobs.

My hon. Friend mentioned fuel poverty and the importance of ensuring that small businesses can switch tariffs. I was due to have a meeting earlier today with a charity called Make It Cheaper, which provides a free switching service for small businesses and charities. I cannot vouch for it, because I have not met it, but it might be able to deal with the problem she highlighted about encouraging small businesses, as we need to do with consumers, to shop around and take advantage of the best offers available.

My hon. Friend then referred to the Dartford river crossing. She might be aware that my hon. Friend the Member for Hemel Hempstead (Mike Penning), when still a Transport Minister, recently announced that the Department for Transport will carry out a full review of the local residents discount scheme to consider how it can be improved and how take-up can be increased so that residents benefit from the discounts available. The Government have clearly acknowledged the concern about congestion. She highlighted the fact that, although there is supposed to be a scheme in place to ensure that charges are suspended when congestion is particularly severe, the evidence indicates that there are very few occasions when it is invoked. Perhaps the Department needs to look at that more closely.

[Barbara Keeley]

The Deputy Leader of the House is giving a very comprehensive reply, but there are a few minutes remaining and I have had no opportunity today to mention the sadness that is felt across Greater Manchester at the deaths of PC Nicola Hughes and PC Fiona Bone of Greater Manchester police, who were killed today in what appears to have been a gun and grenade ambush in Tameside. Will he take this opportunity to join me in expressing the terrible sadness that is felt across Greater Manchester at the loss of two very brave police officers?

[Tom Brake]

I thank the hon. Lady for that timely intervention and concur with the point she makes. Thanks to her, the House will now be aware that, regrettably and tragically, two female police officers were shot during an incident at Tameside in Greater Manchester. Both were bravely carrying out their duty. I am sure that Members of the House will want to express their sympathy to their families, friends and colleagues. Of course, the Home Office and the Government will ensure that Members are kept up to date as far as possible as things develop in that very sad case we have learnt about in the past couple of hours.

I think that I have responded to all Members who contributed to this afternoon’s debate and hope that I have been able to do so in sufficient detail for them to feel that it was worth staying the course. I would like to take this opportunity to thank all members of staff in the House, all Members and their staff for the excellent work they have done and wish everyone all the best for the conference recess.

Question put and agreed to.

Resolved,

That this House has considered matters to be raised before the forthcoming adjournment.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 13th September 2012 Commons Chamber

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

3. Whether the Government plan to impose penalties on Ministers who fail to observe the House's expectations in regard to statements.

[The Deputy Leader of the House of Commons (Tom Brake)]

The Government are committed to making key policy announcements in Parliament, a principle that is set out clearly in the Ministerial Code. As the right hon. Gentleman will know, the House had an opportunity to debate the issue in December last year. The premise that specific penalties should be imposed by the House over and above those already available was considered and rejected during that debate.

[Alun Michael]

I congratulate the Deputy Leader of the House on delivering that reply with a straight face, but let us be honest: we all know that announcements should be made in this House first, but the temptation of a quick headline and some media coverage trumps virtue almost every time, especially within the walls of No. 10. Does the Deputy Leader of the House agree that Ministers need to know that there is a certain penalty for that, such as promotion to the Whips Office or being hung by their toenails from the Elizabeth Tower, in order to ensure that virtue prevails?

[Tom Brake]

I thank the right hon. Gentleman for that. He is an experienced and respected parliamentarian, and he will be aware of the range of measures available to put a Minister on the spot over any alleged failure to make the most important policy announcements to this House: urgent questions, Select Committee investigations, Prime Minister’s questions, points of order and raising matters in the Backbench Business Committee. I hope he agrees that that is an impressive list of effective sanctions against errant Ministers.

[Mr James Gray (North Wiltshire) (Con)]

The Government have increased the number of ministerial statements made to this House, and you, Mr Speaker, have increased the use of urgent questions to hold the Government to account, which is also welcome. However, it sometimes feels as if there is not much point in attending events such as the Budget debate or the Queen’s Speech debate, as one has read all about them in the previous Sunday’s newspapers, which shows that not enough is yet being done. Will the Government consider making use of Westminster Hall, or elsewhere, in order to have far more ministerial statements and, crucially, far more opportunities for Back Benchers to scrutinise what Ministers are up to?

[Tom Brake]

It is worth pointing out that over the recent period there have been 32 statements by the Prime Minister. We are making more statements per day than under the previous Government. I agree, however, that it would be a good idea to allow Westminster Hall to be used for oral statements, and the Leader of the House has expressed support for that.

[Chris Bryant (Rhondda) (Lab)]

In which case why, at 10 o’clock today, did the Minister for Universities and Science make an announcement on changing the immigration policy at a conference a long way from here?

[Tom Brake]

I do not know the detail of what was announced, but sometimes such statements do not address matters of policy, but instead express the direction in which the Government are going.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

The fact that we have both a new Leader and Deputy Leader of the House presents us with an excellent opportunity to establish higher standards in how the Government report matters of concern to this House. Will the Deputy Leader therefore take this opportunity to give a guarantee that the Government will report statements to this House before briefing the media?

[Tom Brake]

It is clear from the ministerial code that that is precisely what Ministers are required to do, and, as we know, if necessary the Speaker will intervene and force a Minister’s hand if that is required.

[Diana Johnson (Kingston upon Hull North) (Lab)]

4. What plans he has for pre-legislative scrutiny of Government Bills.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 3rd November 2011 Commons Chamber

[Hugh Robertson]

Yes, certainly. Was it not in Rugby that William Webb Ellis first picked up a ball and ran with it? That will clearly be a key part of the celebrations in 2015, and we will do everything that we can to support them.

[Tom Brake (Carshalton and Wallington) (LD)]

13. What discussions he has had with the Chancellor of the Exchequer on the effects on levels of participation in sports of the VAT status of sports clubs.

[The Minister for Sport and the Olympics (Hugh Robertson)]

A range of tax benefits is available to community clubs under the CASC—community amateur sports clubs—scheme, including 80% mandatory rate relief, gift aid on donations, and exemption from some levels of corporation tax. I wrote to the Economic Secretary on 10 August to ask that tax exemption thresholds be increased in line with inflation. To date, just over 6,000 clubs have registered and have benefited from an estimated £100 million in savings since the launch of the scheme.

[Tom Brake]

I thank the Minister for his response. Will he look in particular at an issue that has been raised with me by Powerleague, a five-a-side organisation that believes that the tax arrangements on VAT, which had been in place for the past 20 years but have recently been changed, will have a heavy impact on its membership?

[Hugh Robertson]

I wrote to the Treasury to take that issue up on behalf of a number of small five-a-side providers. The issue is not that the regulation has changed but simply that its interpretation has been clarified. Some providers were paying VAT, but others were not. That conversation is ongoing, but the point of the intervention by Her Majesty’s Revenue and Customs was to level the playing field.