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Graham Evans (Weaver Vale) (Con)
1. What recent assessment he has made of the threat to security in Northern Ireland posed by residual terrorist groups.
Jake Berry (Rossendale and Darwen) (Con)
6. What recent assessment he has made of the threat to security in Northern Ireland posed by residual terrorist groups.
Karl MᶜCartney (Lincoln) (Con)
7. What recent assessment he has made of the security situation in Northern Ireland; and if he will make a statement.
Glyn Davies (Montgomeryshire) (Con)
8. What recent assessment he has made of the threat to security in Northern Ireland posed by residual terrorist groups.
The Secretary of State for Northern Ireland (Mr Owen Paterson)
With your permission, Mr Speaker, I believe that the House will want to pay tribute to Sir Oliver Napier, whose funeral was held yesterday. He was a founding father and leader of the Alliance party, and a member of the power-sharing Executive in 1974. He led the way towards inclusive politics, and was widely respected across the entire community. He will be much missed.
The threat level in Northern Ireland remains at severe. Despite the overwhelming community rejection of violence, the terrorist groups continue to pose an indiscriminate threat to the safety of police officers and the general public, who want their lives to be free of fear, disruption and intimidation.
Graham Evans
The violent scenes that we have witnessed in part of east Belfast in recent days are obviously a matter of great concern. Will my right hon. Friend join me in sending our support and gratitude to the Police Service of Northern Ireland for its restraint, courage and success in combating that disorder as well as the continuing terrorist threat in Northern Ireland?
Mr Paterson
I am grateful to my hon. Friend for his question and I wholly endorse his comments. I happily put on record the Government’s deep appreciation of the restraint and skill with which the PSNI handled the recent disturbances.
However, I would put out a public appeal to all those who are considering expressing their views over the next few days. They, too, should show restraint. I remind them that the rule of law will prevail, and that this week, significant prosecutions have resulted from charges against those who broke the law a year ago.
Jake Berry
Does my right hon. Friend agree that close co-operation between the PSNI, the Garda, and Ministers here, in Belfast and in Dublin, is essential in combating the ongoing terrorist threat? Will he join me in congratulating the Garda on its recent discovery of an arms cache and arrests in County Louth?
Mr Paterson
It is almost impossible to stress how closely we are now working. Last week, I met Eamon Gilmore, the Tánaiste and Minister for Foreign Affairs and Trade, and I had several discussions in the last week with the Minister for Justice, Equality and Defence. I also recently saw the Garda commissioner. The Garda is to be wholly congratulated on its recent raid at Hackballscross in County Louth, where a significant amount of lethal matériel was apprehended. I am delighted to confirm that the co-operation with the PSNI gets better from month to month.
Karl MᶜCartney
Does my right hon. Friend agree that at a time of such pressure on the public finances, the exceptional deal to the give the PSNI an extra £200 million over the next four years is a clear demonstration that this Government will always stand by Northern Ireland?
Mr Paterson
I am grateful to my hon. Friend for giving me the chance to remind the House that we endorsed £50 million last year and a further unprecedented £200 million over the next four years. We are absolutely determined to bear down on the current threat, and I am delighted that Matt Baggot, the Chief Constable, to whom I spoke this morning, confirmed that we
“have the resources, the resilience and…the commitment”
to meet that threat.
Glyn Davies
All of us in the House are concerned about the recent violence in east Belfast and acknowledge the challenges facing the PSNI. Does my right hon. Friend agree that there is a very significant role for the Northern Ireland Executive in tackling the underlying causes that fuel that violence?
Mr Paterson
I am grateful to my hon. Friend and constituency neighbour for his question. The problem cannot be contained by security activity alone, however well co-ordinated and well funded by the PSNI and the Garda. Ultimately, this must be sorted out on the ground, by local politicians working with local people. That was confirmed in the Independent Monitoring Commission report that said:
“The main responsibility for dealing with these challenges rests with the Assembly, the Executive and local politicians, working in conjunction with community leaders, churches, the law enforcement and other public institutions, and ultimately, with the…whole community”.
Dr William McCrea (South Antrim) (DUP)
In 2004, Jane Kennedy, the then Northern Ireland Office Minister, told the House that an inventory of all decommissioned weapons would be published when the Independent International Commission on Decommissioning had completed its work. The IICD stood down on Monday, but no inventory was published. Will the Secretary of State tell the House why that pledge was not honoured, and does he accept that that will affect public confidence?
Mr Paterson
The IICD made it clear why it did not publish an inventory. We would like to be in the position to publish this data, as the then Member for Liverpool, Wavertree, Jane Kennedy, was back in 2003-04, but the success of the IICD has been its independence, and it is for it to decide—it is entirely within its remit—where it puts this information. It is now in the hands of the US Secretary of State and cannot be divulged without the prior agreement of the Irish and British Governments.
Ms Margaret Ritchie (South Down) (SDLP)
I acknowledge the information that the Secretary of State has just given us about dissident activity, the report published by the Independent Monitoring Commission last Monday and the fact that the level of dissident activity is now higher than when it published its first report in 2004. The report stated that loyalist groups were finding it difficult to contemplate going out of business. In that context, does he agree that whatever we do to bring the paramilitary activity to a peaceful conclusion, it will not be achieved by throwing money at gang leaders, as has been suggested in east Belfast over the past few weeks?
Mr Paterson
I just quoted from the IMC report showing that these problems will not be resolved by one simple solution. They have to be resolved on the ground by working with local people at the closest level. That means down to community groups and local politicians. It is not for us to lay down the law from Westminster. That is now in local hands.
Mr Laurence Robertson (Tewkesbury) (Con)
Will the Secretary of State give us some guidance on the extent to which the police and his office are getting co-operation from all communities in identifying those responsible for the ongoing terrorist activities on both sides of the divide?
Mr Paterson
I am grateful to the Chairman of the Northern Ireland Affairs Committee. The police are conducting a review and a serious investigation into the disturbances last week, and it would be wrong to pre-empt what they discover. However, once we have the information from the police, we will make further decisions.
Chris Evans (Islwyn) (Lab/Co-op)
2. What assessment he has made of the effects on the service sector in Northern Ireland of reductions in Government spending.
The Minister of State, Northern Ireland Office (Mr Hugo Swire)
Tackling the deficit remains the Government’s biggest priority, and Northern Ireland has its part to play in achieving that outcome. My right hon. Friend the Secretary of State and I are working closely with the Northern Ireland Executive to boost private sector growth and investment and to help rebalance the economy.
Chris Evans
I am sure that the Minister will have seen that 59,500 people are signed on the dole in Northern Ireland. Whenever anyone losses their job, it is a tragedy for their family and causes hurt and pain. What are the Government going to do about it?
Mr Swire
I welcome the hon. Gentleman’s interest in Northern Ireland, and I hope that it will continue. I hope also that he will join me in celebrating the jobs that the service sector in Northern Ireland has attracted. The New York stock exchange has attracted 400 new jobs; Citigroup financial services will attract 500 jobs over the next five years; and the law firm Allen and Overy has attracted 300 jobs in Belfast. To answer his question directly, I would say that Northern Ireland is a great place for the service industries. It is open and we want more investment, and I hope that he and his party will join us in making that happen.
Mr Shaun Woodward (St Helens South and Whiston) (Lab)
Well that all sounds very good, but in the past 12 months, the Northern Ireland claimant count has increased by 7%. That is the biggest increase in the UK and 21 times the national average. The Minister will know that the Northern Bank/Oxford Economics survey has now dramatically downgraded economic growth forecasts in Northern Ireland to 1.1% from a previous forecast of 1.9%. The Northern Ireland economy needs help now. What is the Minister going to do?
Mr Swire
It is regrettable that the Secretary of State is talking Northern Ireland down—[Interruption.] The independent Office for Budget Responsibility’s recent updated fiscal and economic forecasts show that the Government’s plans will deliver sustainable growth in each of the next five years with employment rising by 1.1 million by 2015 across the UK and the deficit falling. That of course includes Northern Ireland. The unemployment rate for Northern Ireland was down by 0.8% over the quarter and the number of unemployed people in Northern Ireland was estimated at 61,000—down 6,000 over the quarter. It is because of the Government’s determination to tackle the deficit and the legacy we inherited from a Government of which the right hon. Gentleman was part that these figures are good.
Mr Woodward
Regrettably, the only thing that is going down is an economic forecast from 1.9% to 1.1%. Undoubtedly the Minister will update his brief in due course. The Secretary of State proposes a change in corporation tax rates to help in the long term. I seek clarification. We know that the immediate impact of the cut in the block grant will be the loss of tens of thousands of jobs in the public sector, especially in education. However, if the policy in the medium term creates jobs, it follows that there will be additional revenue from income tax and a decrease in welfare payments. He wants the public sector, especially in education, to take the pain now, but in the future, if those benefits flow from increases in jobs and tax revenues, will the Treasury keep the money or will it go to the people of Northern Ireland?
Mr Swire
The right hon. Gentleman is right to raise the issue of corporation tax. There has been widespread consultation on the issue, and all the political parties in Northern Ireland support devolving the power to Northern Ireland. We believe that it will bring growth and jobs; equally, we believe that it is important to rebalance Northern Ireland’s economy, regardless of the situation that we inherited. Like me, the right hon. Gentleman represents an English constituency, and he will be aware that Northern Ireland receives about 25% more in spend per head of the population than England. It is therefore important that we rebalance Northern Ireland’s economy and allow it to grow.
Robert Halfon (Harlow) (Con)
3. What recent assessment he has made of the extent of petrol and diesel smuggling from the Republic of Ireland into Northern Ireland.
The Minister of State, Northern Ireland Office (Mr Hugo Swire)
Her Majesty’s Revenue and Customs leads the work to crack down on fuel smuggling and fraud, working closely with the Irish authorities. The Organised Crime Task Force, which is chaired by the Northern Ireland Justice Minister, estimated in its 2011 threat assessment that there is an annual tax loss of £200 million from fuel fraud and legitimate cross-border fuel shopping.
Robert Halfon
Estimates suggest that the Government actually lose between £280 million to £300 million a year to fuel smuggling and laundering in Northern Ireland. That pushes up fuel taxes for everyone, which is deeply unfair. Does my right hon. Friend agree that extending rural fuel pilots to the new economic zones would cut smuggling and save the taxpayer an absolute fortune?
Mr Swire
I agree that we need to save the taxpayer an absolute fortune, and I have had discussions about this issue with both the Northern Ireland Justice Minister and the Exchequer Secretary to the Treasury. I recently brought to the attention of the Exchequer Secretary and the Financial Secretary to the Treasury—who is here with us today—the comments of the hon. Member for North Antrim (Ian Paisley), who has some ideas about various companies that can help with the traceability of fuel. However, I would also point out to my hon. Friend that the “Cross-Border Organised Crime Assessment 2010” said:
“Changes in exchange and duty rates have made this…less profitable over the past few years than it would have been previously.”
David Simpson (Upper Bann) (DUP)
We have just heard about the amount of money that Her Majesty’s Government are losing in revenue to fuel smuggling and laundering. The Minister will be aware of recent findings of large amounts of fuel on the border. Can he please update us on the fuel duty escalator and the possible introduction of a pilot scheme in Northern Ireland?
Mr Swire
I think that I have just answered that question, which was not dissimilar to that asked by my hon. Friend the Member for Harlow (Robert Halfon). In direct answer to the point about co-operation across the border, relations are extremely good, as is true for all our relations with the Republic of Ireland, not least with the Garda. We are working in close co-operation, hence the success of the Organised Crime Task Force and HMRC in driving down fuel smuggling.
Mark Durkan (Foyle) (SDLP)
4. What recent representations he has received on the rate of VAT applied to tourism activities in Northern Ireland.
The Minister of State, Northern Ireland Office (Mr Hugo Swire)
Northern Ireland has enormous attractions for tourists and we strongly support efforts to encourage them to visit. The hon. Member for South Down (Ms Ritchie) raised the issue of VAT rates at a recent meeting with my right hon. Friend the Secretary of State, but these matters are not our direct responsibility.
Mark Durkan
The Minister of State should be aware that as of last week, VAT in the tourism sector in the south of Ireland has been reduced to 9% for 18 months. Similar steps have been taken in France and Germany. Will he and the Secretary of State use their standing with their colleagues in the Treasury to commend a sectorally targeted VAT cut for tourism throughout the UK?
Mr Swire
The hon. Gentleman knows that the EU average for VAT is 20.8%, whereas VAT in the UK is 20%. Germany’s lower rate is simply a mechanism to redistribute money from the centre to the Länder, as Germany has many local tourist—or “bed”—taxes. We would all like lower taxation and we would all like the deficit to be addressed, which is what we are seeking to do, but this is not just about the rates of VAT. London hotels are doing better than they have done for some time, there are more tourist visitors to Northern Ireland than there have been for some time and the hon. Gentleman’s city of Londonderry will be city of culture in 2013. We need to offer people value for money and good hospitality—that I am sure we can do—and the issue of VAT will then become secondary.
Ian Paisley (North Antrim) (DUP)
On future taxation policy, will the Secretary of State tell us whether the electricity White Paper that is soon to be published will contain proposals to address the fact that Northern Ireland has a single electricity market, linked with the Republic of Ireland? Will it address the implications of those arrangements for providers and users of energy in Northern Ireland, in that they could influence the market disproportionately?
Mrs Mary Glindon (North Tyneside) (Lab)
5. What assessment he has made of the role of dissident republicans in recent disturbances in the Short Strand area of Belfast; and if he will make a statement.
The Secretary of State for Northern Ireland (Mr Owen Paterson)
The Government utterly condemn all those involved in the localised violence in part of east Belfast a fortnight ago. It would be unwise for me to comment on the role played by specific groups while the police investigation is ongoing, but I know that the Police Service of Northern Ireland is determined to bring those responsible to justice.
Mrs Glindon
Will the Minister accept that the unanimous condemnation by all the parties in Stormont shows that dissidents of all traditions might have the power to damage the peace process but not to derail it?
Mr Paterson
I am happy to concur wholeheartedly with the hon. Lady’s comment. Northern Ireland has moved on by a huge distance, and everyone can now express their legitimate political aims and pursue them by democratic means. There is absolutely no place for political violence in Northern Ireland today.
Stephen Pound (Ealing North) (Lab)
On behalf of the whole House, may I congratulate the Minister of State on his upgrading of my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) to his new role of Secretary of State for Northern Ireland? I am not entirely sure whether that was a prediction, but it is certainly one that we would support. Further to the question from my hon. Friend the Member for North Tyneside (Mrs Glindon), the Secretary of State will be aware that even below the most placid surface, dark cold undercurrents flow, and that we have to address the issue of the sectarian legacy. What is he doing to support groups such as Co-operation Ireland and other peace-builders?
Mr Paterson
I am grateful to the shadow Minister, who is on perky form this morning. I have regular meetings with the chairman of Co-operation Ireland; I am actually seeing him again today. However, dealing with community groups is very much in local hands. I have had recent discussions with the First Minister and the Deputy First Minister, and I am seeing both of them again tomorrow. This is very much a local issue to be sorted out on the ground according to local circumstances. [Interruption.]
Mr Speaker
Order. There are far too many private conversations taking place in the Chamber. We need to be able to hear the Secretary of State.
Jim Shannon (Strangford) (DUP)
Given the ease with which guns were produced at the Short Strand interface, does the Secretary of State understand the annoyance and anger at the fact that the inventory of the weapons destroyed by the Independent International Commission on Decommissioning was not made known? Does he agree that the people of Northern Ireland have a right to know the full extent of the destruction of weaponry that has taken place? The Conservatives and Labour have agreed on that, and the inventory has also been lodged in Washington.
Mr Paterson
I am fully aware of the concerns behind the hon. Gentleman’s question, but we have to take the advice of those very experienced independent professionals, who have pulled off an extraordinary task. I pay tribute to General de Chastelain and his colleagues for what they did, and if it is their professional opinion today that it would not be helpful to publish that inventory, we have to take that advice seriously, as do the Irish Government. That is why the inventory has been placed with the American Secretary of State, where it will rest. No one will see it until the British and Irish Governments together decide that the time is appropriate.
Toby Perkins (Chesterfield) (Lab)
9. What assessment he has made of the effect on economic growth in Northern Ireland of reductions in public expenditure.
The Minister of State, Northern Ireland Office (Mr Hugo Swire)
As I said earlier to the hon. Member for Islwyn (Chris Evans), tackling the deficit has to be the Government’s biggest priority, and Northern Ireland must play its part. My right hon. Friend the Secretary of State and I are working with Northern Ireland Ministers to attract growth and investment and to help rebalance the economy.
Toby Perkins
Northern Bank’s quarterly economic forecast states that Northern Ireland’s construction sector has hit a new low and is facing its fourth year of decline. It has already suffered some of the worst job losses anywhere in the country. Do the 10,000 people who could now lose their jobs, on top of those who have already done so, have any cause for optimism, given the complacency that the Minister showed in his earlier answer?
Mr Swire
I do not think that I showed complacency in my earlier answer. We are fully aware of the effect of the recession on the construction industry not only in Northern Ireland but in the whole of the United Kingdom. It has had a real effect in many of the border areas where people used to go down to the building sites of Dublin and earn their money that way. That is a serious issue for all kinds of reasons. The fact that we came to the aid of the Republic of Ireland has allowed us to have far greater involvement in its investment decisions affecting Northern Ireland, not least those of the banks, as well as in other issues of mutual interest.
Dr Alasdair McDonnell (Belfast South) (SDLP)
Does the Minister agree that air passenger duty is helping to strangle economic recovery in Northern Ireland? Does he have any plans to persuade the Treasury to make changes to it?
Mr Swire
As the hon. Gentleman knows, there has been a consultation process on air passenger duty, which is continuing, and we have discussed the issue with the Finance Minister at Stormont. These are issues that we take very seriously, not least in respect of what I describe as the economic umbilical cord—the link to New York by Continental airlines. We are keen to see that continue. A number of companies, including the New York stock exchange, came to invest in Northern Ireland because of that air route. As I say, we are taking this extremely seriously and we are batting for Northern Ireland.
Mr Peter Bone (Wellingborough) (Con)
10. What recent discussions he has had with the First Minister on the level of cross-border human trafficking to and from Northern Ireland.
The Minister of State, Northern Ireland Office (Mr Hugo Swire)
Data on the exact level of cross-border trafficking is not available, but there is clearly a cross-border element in many cases. I spoke yesterday to the Northern Ireland justice Minister and I know that he has been working closely with authorities in the Republic of Ireland to tackle this despicable crime.
Mr Bone
I thank the Minister for his response. People are being trafficked across the border with bogus papers. Unfortunately, they are being trafficked from this country into the Republic of Ireland. The Republic of Ireland is discovering trafficked people whose papers are so obviously bogus that they should never have been admitted to the United Kingdom in the first place. This is an issue that we really need to look at.
Mr Swire
My hon. Friend is, of course, absolutely right. The Minister for Immigration is working closely with his counterparts in the Irish Republic to ensure that we jointly strengthen our external borders against threats such as human trafficking gangs. I would like briefly to pay tribute, if I may, to my hon. Friend’s work on the all-party group and, indeed, to that of our former colleague, Anthony Steen and the Human Trafficking Foundation, which I hope to accompany to Northern Ireland. My hon. Friend has much to add to the debate. [Interruption.]
Mr Gregory Campbell (East Londonderry) (DUP)
Thank you, Mr Speaker. The ease with which cross-border trafficking between Northern Ireland and the Republic can occur is quite obvious and apparent to everyone. Will the Minister ensure that liaison with the Republic of Ireland’s authorities is stepped up to ensure that those who are being trafficked can be helped, given the problems that they are facing?
Mr Swire
We all want to hear the hon. Gentleman—I hope others heard him better than I did. The little that I heard was about cross-border co-operation. I can assure him that we have had some recent successes in Northern Ireland, as he will have seen from the newspapers. We work extremely closely with the authorities in the Republic. This is an issue that affects us all. It is a despicable thing, and I draw the attention of all Members to the Joseph Rowntree Foundation’s report “Forced labour in Northern Ireland”, which has recently come out and bears reading.
Mr Adam Holloway (Gravesham) (Con)
11. What recent assessment he has made of the Northern Ireland economy.
The Secretary of State for Northern Ireland (Mr Owen Paterson)
Northern Ireland is an excellent place to do business and enjoys world-class aerospace, engineering and health technology companies, but the Northern Ireland economy is still too over-reliant on the public sector, so we are working together with the Northern Ireland Executive to help rebalance it and to boost private sector growth.
Mr Holloway
Will my right hon. Friend ensure that internal squabbles in the Assembly do not undermine the consultation?
Mr Paterson
I am delighted to report that the consultation, which ends on Friday, has received the overwhelming endorsement of all five political parties. The leaders in the Executive came to Kelvatek for the launch of that very successful consultation. My right hon. Friends the Prime Minister and the Chancellor of the Exchequer have been to Northern Ireland to see what is happening for themselves—as has my hon. Friend the Exchequer Secretary, who is going again tomorrow—and we will respond in the autumn.
Sammy Wilson (East Antrim) (DUP)
Does the Secretary of State agree that if the Northern Ireland economy is to be helped through the devolution of corporation tax, that must come at a fair, reasonable and acceptable price rather than a price that is detrimental to economic growth?
Mr Paterson
As the hon. Gentleman knows, the Treasury document makes it clear that every 2.5% reduction in corporation tax requires a £60 million to £90 million reduction in the block grant. That constitutes 0.5% of the block grant, which many economists and businesses consider to be a very modest investment.
Mr Ronnie Campbell (Blyth Valley) (Lab)
Q1. If he will list his official engagements for Wednesday 6 July.
The Prime Minister (Mr David Cameron)
I am sure that the whole House will wish to join me in paying tribute to Highlander Scott McLaren of The Highlanders, 4th Battalion, The Royal Regiment of Scotland. This week I witnessed at first hand the sacrifice of our soldiers. I pay tribute to the bravery and dedication of this particular soldier, who was lost in such tragic circumstances. Our thoughts will rightly be with his family and his friends at this very sad time, but we pay tribute to him and all those like him who serve our country so magnificently in Afghanistan and elsewhere.
This morning I had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall have further such meetings later today.
Mr Campbell
I echo the sentiments that the Prime Minister has expressed. As a father whose son is serving in the Royal Marines and doing his duty in Afghanistan, I can tell the House that those in my position dread the knock on the door saying that their son has been lost in action. Our sympathies obviously go to Scott’s father, mother and family at this time.
Is it right that yesterday we gave £10 billion to the bail-out of the banks in Greece, that we gave £7 billion to the bail-out in Ireland, and that we—the British taxpayers—give £100 billion a year to the banks in this country for insurance and other purposes? Why does the Prime Minister not get on his bike, go down to see his friends in the City, and sack a few spivs and speculators and bankers—
Mr Speaker
Order. We are grateful to the hon. Gentleman. We have got the gist.
The Prime Minister
Let me say first that it is this Government who have imposed a levy on the banks so that they pay more every year than they paid in bankers’ bonus tax under the last Government. As for Greece, I kept us out of a European bail-out, and as for Ireland, its economy is so close and so integrated with ours that it is right for us to give it support. That, I think, is the right approach, but this Government are being tough in ensuring that the banks pay their fair share.
Mr David Burrowes (Enfield, Southgate) (Con)
Q2. Severe droughts, conflicts and food prices have combined viciously in the horn of Africa, creating desperate hunger and threatening the lives of millions. Given that aid agencies are short of funds, what are the Government doing to help?
The Prime Minister
As ever, the Department for International Development is being extremely effective. It is working very quickly to try to help in this appalling crisis, in which 10 million people face the threat of starvation. That demonstrates once again that we are right to maintain and increase our spending in this area, difficult as the arguments sometimes are. Our difficulties here and elsewhere in Europe are nothing in comparison with what is being experienced by people who face starvation and death unless we help them.
Edward Miliband (Doncaster North) (Lab)
May I join the Prime Minister in paying tribute to Highlander Scott McLaren of The Highlanders, 4th Battalion, The Royal Regiment of Scotland? He was a young man who was serving our country, and died in the most horrific circumstances. I am sure the thoughts of the whole House are with his family and friends.
The whole country has been appalled by the disclosures about phone hacking: the 7/7 victims, the parents of Holly Wells and Jessica Chapman, and, of course, the phone of Milly Dowler. That anyone could hack into her phone, listen to her family’s frantic messages and delete them, giving false hope to the parents, is immoral and a disgrace. Given the gravity of what has occurred, will the Prime Minister support the calls for a full, independent public inquiry to take place as soon as practical into the culture and practices of British newspapers?
The Prime Minister
Let me be very clear: yes, we do need to have an inquiry—possibly inquiries—into what has happened. We are no longer talking about politicians and celebrities; we are talking about murder victims—potentially terrorist victims—having their phones hacked into. What has taken place is absolutely disgusting, and I think everyone in this House, and indeed this country, will be revolted by what they have heard and seen on their television screens.
Let me make a couple of points. First—people need to know this—a major police investigation is under way. It is one of the biggest police investigations currently under way in our country, and crucially—I hope Opposition Members will listen to this—it does not involve police officers who were involved in the original investigation that so clearly did not get to the truth. It is important that we have inquiries: inquiries that are public; inquiries that are independent; and inquiries that have public confidence.
It seems to me that there are two vital issues that we need to look into. The first is the original police inquiry and why that did not get to the bottom of what has happened, and the second is the behaviour of individual people and individual media organisations and, as the right hon. Gentleman says, a wider look into media practices and ethics in this country. Clearly, as he says, we cannot start that sort of inquiry immediately because we must not jeopardise the police investigation, but it may be possible to start some of that work earlier. I am very happy to discuss this with him, with other party leaders, and with the Attorney-General and the Cabinet Secretary, to make sure that we get this right and lessons are learned from what has become a disgraceful episode.
Edward Miliband
Let me say to the Prime Minister that I am encouraged that he does now recognise the need for a full public inquiry into what happened. He is right to say that it can be fully completed only after the police investigation has taken its course, but, as he also said, that may take some years. It is possible, as I think he implied, for the Prime Minister to start the process now, so may I make some suggestions in that context? He should immediately appoint a senior figure, potentially a judge, to lead this inquiry, make it clear that it will have the power to call witnesses under oath, and establish clear terms of reference covering a number of key issues: the culture and practices of the industry; the nature of regulation, which is absolutely crucial; and the relationship between the police and the media. I wonder whether he can respond on those points.
The Prime Minister
I want to respond positively, and let me do so. First, on the two issues I mentioned—the conduct of the earlier police inquiry and the broader lessons about ethics in the media—I do not think it is possible to start any form of investigation into the former until the police investigation is completed, because I think there would be a danger of jeopardising the current police inquiry. Responding positively to what the right hon. Gentleman said, I do think it may be possible to make a start on other elements, and, as I have said, I do not want us to rush this decision; I want us to get it right, having discussed it with other party leaders, the Attorney-General and the Cabinet Secretary. All too often, these sorts of inquiries can be set up too quickly without thinking through what actually needs to be done.
Edward Miliband
I think the Prime Minister is implying that this can start moving now, and I think it is very important that it does so; just because we cannot do everything does not mean we cannot do anything. It is very important that we act. A year ago to the day, the Prime Minister appointed the Gibson inquiry to look into the treatment of detainees by the intelligence services, with criminal cases still pending.
Let me ask the Prime Minister about what happens in the meantime, pending this public inquiry. We have consistently said that the BSkyB bid should be referred to the Competition Commission and not dealt with in the way the Culture Secretary has done. The Prime Minister must realise that the public will react with disbelief if next week the decision is taken to go ahead with this deal at a time when News International is subject to a major criminal investigation and we do not yet know who charges will be laid against. Does the Prime Minister agree that the BSkyB bid should now be referred to the Competition Commission, to provide the breathing space that is required?
The Prime Minister
First, let me answer the right hon. Gentleman’s point about Gibson, because this is a good and fair point. We established the Gibson inquiry but it has not been able to make much progress until criminal proceedings have been brought to an end. There is a good reason for this; clearly you do not want to jeopardise a police operation, and you do so if you start questioning witnesses through a public inquiry process at the same time as they are being questioned through a police process. That is the reason for doing this, but, believe me, I want us to get on with this issue, and the faster we can set up other elements of an inquiry, the happier I will be.
On the issue of BSkyB, what we have done is follow, absolutely to the letter, the correct legal processes. That is what the Government have to do. My right hon. Friend the Secretary of State for Culture, Olympics, Media and Sport has a quasi-judicial role and he has to follow that. I note that the leader of the Labour party said yesterday that the issue of competition and plurality is “a separate issue” from the very important issue we are discussing today. What I would say is that these processes must be followed properly, including by Ofcom, and it is Ofcom that has the duty to make a recommendation about a “fit and proper person”. Those are the right processes; this Government will behave in a proper way.
Edward Miliband
I am afraid that that answer was out of touch with millions of people up and down this country. The public will not accept the idea that, with this scandal engulfing the News of the World and News International, the Government should, in the coming days be making a decision outside the normal processes, for them to take control of one of the biggest media organisations in the country. I know that this is difficult for the Prime Minister, but I strongly urge him to think again and send this decision to the proper authorities—the Competition Commission. As I say, this would provide breathing space for legitimacy and for the proper decisions to be made.
The Prime Minister
I would say to the right hon. Gentleman that the decision making has been through the proper processes, that it is right that the Government act legally in every way and that that is what they have done. One of these is an issue about morality and ethics, and a police investigation that needs to be carried out in the proper way—they have total independence and must do that. The other is an issue about plurality and competition, where we have to act under the law. Those are the words he used yesterday and, in just 24 hours, he has done a U-turn in order to try to look good in the Commons.
Edward Miliband
This is not the time for technicalities or low blows. We have said consistently, throughout this process, that this bid should be referred to the Competition Commission—that is the right way forward. The Prime Minister, instead of engaging in technicalities, should speak for the country on this issue, because this is what people want him to do. I hope that he will go off from this Question Time and think again, because it is in the interests of the media industry and the British public that this is properly referred to the Competition Commission in the way that all other bids are dealt with.
What we also know, as well as that we need a public inquiry and that we need the BSkyB bid referred to the Competition Commission, is that these were not the actions of a rogue individual or a rogue reporter, but part of a wider, systematic pattern of abuses. The public see a major news organisation in this country where no one appears prepared to take responsibility for what happens. Nobody is denying that Milly Dowler’s phone was hacked and nobody is denying that it happened on the watch of the current chief executive of News International, who was editor of the newspaper at the time. Will the Prime Minister join me—if he believes in people taking responsibility—in saying that she should take responsibility and consider her position?
The Prime Minister
First, let me deal with the issue of technicalities. I have to say to the right hon. Gentleman that when you are dealing with the law, you have to look at the technicalities because there is something called due process that you have to follow. That is necessary for any Government and I am sure that he understands that. As for News International, everyone at News International must ask themselves some pretty searching questions and everyone at News International is subject to one of the largest police investigations under way in this country. I think that we should let the police do their work. They must follow the evidence wherever it leads and if they find people guilty of wrongdoing, they should have no hesitation in ensuring that they are prosecuted.
Edward Miliband
I do not know from that answer whether the Prime Minister says that the chief executive of News International should stand down or not. I am clear: she should take responsibility and stand down. These events show a systematic set of abuses that demonstrates the use of power without responsibility in our country and it is in the interests of our democracy and the public that such issues are sorted out. With the biggest press scandal in modern times getting worse by the day, I am afraid the Prime Minister has not shown the necessary leadership today. He has not shown the necessary leadership on BSkyB or on News International. Is it not the case that if the public are to have confidence in him, he must do the thing that is most difficult and accept that he made a catastrophic judgment in bringing Andy Coulson into the heart of his Downing street machine? [Interruption.]
Mr Speaker
Order. I apologise for interrupting the Prime Minister, but the Prime Minister should not have to shout to be heard and neither, for that matter, should the Leader of the Opposition. It is thoroughly disorderly and the Prime Minister will now be heard.
The Prime Minister
Thank you, Mr Speaker. I take full responsibility for everyone I employ and everyone I appoint and I take responsibility for everything my Government do. What this Government are doing is making sure—the public and I feel appalled by what has happened, and the fact that murder victims and terrorist victims have had their phones hacked is quite disgraceful. That is why it is important that there is a full police investigation with all the powers the police need. That is why it is important that we have those inquiries to get to the bottom of what went wrong and the lessons that need to be learned. That is why we also need to inquire as to how we can improve the ethics and morals of the press in this country and ensure that they improve for the future. That is what needs to be done, that is what the Government are doing and we do not need to take lectures from the right hon. Gentleman about it.
Nicky Morgan (Loughborough) (Con)
Q3. Year 9 pupils at Limehurst high school in my constituency have joined hundreds of other pupils to work on the “Send my Sister to School” campaign. Will the Prime Minister add his support to this cause and should not this campaign remind us that good education, here or overseas, transforms children’s lives and their life chances?
The Prime Minister
I am delighted to welcome the campaign that my hon. Friend mentions and her personal support for it. The fact is that across our world 39 million girls are out of school and even if they are in school, the gender gaps we still see are appalling. We in the UK, through our aid budget, are securing schooling for 11 million children by 2015. That is more than we educate in the UK, but we will be able to do it at 2.5% of the cost. This is a good investment for Britain and for British taxpayers that will ensure that we reduce inequality in our world.
Mr Gareth Thomas (Harrow West) (Lab/Co-op)
Q4. Will the Prime Minister explain whether he thinks that the cost of his NHS reforms, which are set to rise even further—as we now know thanks to the revelation that a new super-quango will be created in the NHS—might be partly responsible for the funding squeeze affecting health services in Harrow? That has put at particular risk services at the popular Alexandra avenue polyclinic in my constituency.
The Prime Minister
What we have seen since this Government have taken office is more than 2,000 more doctors but 4,000 fewer managers. We are cutting bureaucracy by a third—[Interruption.] I know they do not like to hear it, but if we had followed their plans and cut NHS spending, the number of doctors, nurses and operations would be going down. Just this morning, we have seen the figures for the number of diagnostic tests in the UK going up. That is because of the investment that is going in under this Government.
Mike Freer (Finchley and Golders Green) (Con)
Q6. The Prime Minister will be aware of the news this morning that Portugal’s debt has been downgraded to junk status. Does he not agree that it is a warning to every Member of this House that we cannot put off difficult decisions and that the only plan B is bankruptcy?
The Prime Minister
My hon. Friend is entirely right: plan B stands for bankruptcy. We can see what happens if Governments do not get a grip of their debt and their deficit. That is what this Government are doing, but the Labour party has learnt nothing.
Karl Turner (Kingston upon Hull East) (Lab)
Q7. Does the Prime Minister agree that the maximum sentence for the offence of dangerous driving does not properly reflect the potential harm caused to victims, some of whom are left paralysed and brain-damaged? Will he support me and Labour Front Benchers in moves to increase the maximum sentence to seven years?
The Prime Minister
I know that the hon. Gentleman speaks with great personal knowledge about this not just because of a constituency case that he wrote to me about but because of his work as a barrister before he came to this place. I do believe there is a problem when there is a high sentence, rightly, for causing death by dangerous driving, but only this two-year sentence in cases such as the one he brought to my attention in which someone was damaged permanently for life, and yet the maximum sentence was two years. In our Sentencing (Reform) Bill we are looking at this issue and we hope to make some progress.
David Morris (Morecambe and Lunesdale) (Con)
Does the Prime Minister agree with me that the alleged bail-out mentioned by the Opposition of £10 billion is not that and that if we are not in the IMF we will not be a global player? Does he also agree that the Opposition need reminding that in the 1970s the IMF bailed out their Government?
Mr Speaker
I know that the Prime Minister will want to deal with the first part of the question, but not the second part because it was disorderly.
The Prime Minister
I absolutely agree with what my hon. Friend said. It was remarkable yesterday that the Labour party put itself in the position of opposing our involvement in the IMF. Britain is a serious global economy and we should take responsibility for serious global issues, including through the IMF.
David Simpson (Upper Bann) (DUP)
Q8. Does the Prime Minister agree that details of all the weapons and explosives decommissioned in Northern Ireland should be made public as promised? Will he agree to have negotiations with the Irish Government to move forward to the Americans to see that that happens?
The Prime Minister
The point is that the Independent International Commission on Decommissioning did not provide us with an inventory. It was an independent body and that was a decision for it to take—difficult as I know that is. It stated:
“We would not wish, inadvertently, to discourage future decommissioning events by groups that are actively engaged today, nor to deter groups that have decommissioned their arms from handing over any arms that may subsequently come to light”.
This is difficult and we are all having to do difficult things, in Northern Ireland as elsewhere in the world, in order to bring conflict to an end and keep conflict at an end. That is what the independent commission’s report was doing.
Mr Adrian Sanders (Torbay) (LD)
Is not the real issue about delaying an inquiry that the public have little confidence in the Metropolitan police where investigations concerning News International are concerned? May I remind the Prime Minister of the question I asked him on 27 April about whether he would have
“a full judicial inquiry and, in particular, look at the relationship between the Metropolitan police and News International?”—[Official Report, 27 April 2011; Vol. 527, c. 168.]
The Prime Minister
Clearly, this is a very important issue. My right hon. Friend the Home Secretary has discussed it with the Metropolitan Police Commissioner this morning and they want to continue with the investigation that is under way. But let me try to reassure the House and the hon. Gentleman about this because even before we get to the point about independent and public inquiries, what the public need to know is that the police are going to go about their job properly in this investigation, so they do need to know that this is an investigation completely separate from the previous investigation. As it stands today, it is one of the largest police investigations going on anywhere in our country.
Teresa Pearce (Erith and Thamesmead) (Lab)
Q9. Victims of knife crime in London have increased by more than 8% in the past three months. On the streets of London we have children carrying knives and other children afraid of the journey to and from school. Last Friday, on a busy shopping parade, a 16-year-old constituent of mine was stabbed to death. Two children have been arrested in connection with that. What will the Prime Minister do to ensure that the Mayor of London gets a grip on this problem, which was one of both the Mayor’s and the Prime Minister’s election promises?
The Prime Minister
The case that the hon. Lady raises is an absolutely tragic one and there are still too many victims of knife crime, particularly among young people in our cities and particularly in London. What we are doing is creating a new offence with a mandatory prison sentence to send a very clear message to those who carry knives. The offence will apply to those with a knife who threaten and endanger others in a public place. That will send a clear message to those who possess a knife that if they threaten anyone, they will go to jail.
Mr Christopher Chope (Christchurch) (Con)
Does my right hon. Friend agree that those who pay back early their student loans are doing the right thing and should be encouraged? If so, how is that consistent with the Government’s policy, which is apparently one of discouraging people from paying back early, and indeed of penalising them for early repayment of student loans?
The Prime Minister
I urge my hon. Friend to look carefully at the detail of our proposals. We want a progressive system in which people who earn more pay back more, which is why nobody pays anything until they earn £21,000, and people do not start to pay back in full until they earn £35,000. We propose that people who pay back, say, £3,000 a year in earnings should not be discouraged, because in many ways that is the right thing to do.
Toby Perkins (Chesterfield) (Lab)
Q10. In opposition, the Prime Minister made it clear that Hizb ut-Tahrir should be banned, but last week he fell back on exactly the same explanations that he refused to accept when they were given to him by the previous Prime Minister. What has changed?
The Prime Minister
We have banned the Tehrik-e-Taliban—we have taken action. As my right hon. Friend the Lord Chancellor will hastily testify, it is endlessly frustrating that we are subject to so many legal requirements, but I am afraid that we have to be a Government under the law. [Interruption.]
Robert Halfon (Harlow) (Con)
Q11. Thank you, Mr Speaker. Given that the Olympics and the diamond jubilee will take place next year, is the Prime Minister aware that immigration and special branch officers at Stansted airport are concerned that the common travel area channel in its current form allows illegal migrants, Islamists and terrorists into the country without their passports being checked? Will he take urgent steps to close that loophole immediately?
The Prime Minister
My hon. Friend makes an important point. Passport-free travel between the UK, the Crown dependencies and the Republic of Ireland has been in place for many years, and it offers real economic and social benefits. I accept that those routes can be open to abuse, and we are determined to resolve that. The UK Border Agency is working closely with Ireland and others to make sure that that happens, but we want to try to do so without disadvantaging people who have been able to take advantage of that common travel area up to now.
Mrs Mary Glindon (North Tyneside) (Lab)
Q12. The Secretary of State for Communities and Local Government and the Secretary of State for Work and Pensions have both said that British employers should employ British workers, so will the Prime Minister stop the Department for Work and Pensions offshoring existing jobs in North Tyneside to Bangalore?
The Prime Minister
Of course I will look closely at the case that the hon. Lady makes, but every Government—[Interruption.]
Mr Speaker
Order. I want to hear the Prime Minister’s answer, and so does the House.
The Prime Minister
We need to make sure that our welfare reforms encourage those people who sit on welfare and who could work actually to go out to work. Under the Labour Government, yes, we had economic growth, but there were 5 million working-age people living on benefits. That is not good enough, and we are going to change it.
Andrew Bingham (High Peak) (Con)
Q13. Does the Prime Minister agree that birthing centres in rural areas provide a valuable and irreplaceable service to the local community, and every effort should be made to retain them—a message that hundreds of my constituents and I are sending to Derbyshire County NHS as it considers the future of the Corbar birthing centre in my constituency of High Peak?
The Prime Minister
I absolutely agree with my hon. Friend. We want to see maternity networks so that mums can make a choice about where they give birth, whether in a community setting, midwife-led, or whether in a district general hospital with all the paraphernalia of consultants and the rest of it. It should be a choice made by them with their GP and others on what is right for their needs.
Margaret Beckett (Derby South) (Lab)
Is the Prime Minister aware that yesterday, when Bombardier had to announce the redundancy, among others, of skilled engineers and designers, the company made public for the first time the fact that it had offered to establish a new academy in this country for the design and manufacture of cars for the next generation of high-speed trains for the UK and across the world—a global centre of excellence, providing more jobs and jobs with even higher skills. He will not have had time to familiarise himself with the details, but will he undertake to look into that with care to give substance to the commitment that he made in my constituency to British manufacturers?
The Prime Minister
I will look carefully at what the right hon. Lady has said about this issue. I want to see more British jobs in manufacturing as, indeed, we are seeing across the country. In the case of the Bombardier train contract, the procurement process was designed and initiated by the Government of whom she was a member. We are bound by the criteria that they set out, so we have to continue with the decision that has been made according to those criteria. Separately, we are setting out to ask what more we can do under the rules to make sure that we boost manufacturing and not have situations like this in future.
Bob Blackman (Harrow East) (Con)
Q14. Twelve days ago a young constituent of mine was the victim of a vicious knife attack. Last weekend another 16-year-old young man was also the victim of a knife attack. Will my right hon. Friend join me in condemning this upsurge in gang-related violence and confirm that those who carry knives will face a custodial sentence if apprehended?
The Prime Minister
As I said to the hon. Member for Erith and Thamesmead (Teresa Pearce), it is important that we send a clear message about this. We are doing that with the new offence which carries a mandatory sentence. That is a signal to anyone who is contemplating carrying a knife, but we should be frank with ourselves in the House and in the country that purely looking at the issue from a criminal justice perspective is not the answer. We have to ask ourselves why so many young children are joining gangs, and why our families and communities are not doing more to keep them close and prevent the carrying of knives. That is something that runs right across Government and across our society as well.
Mr Ben Bradshaw (Exeter) (Lab)
It is simply not the case, as the Prime Minister claimed earlier, that the Government have followed the normal process in relation to the News Corp takeover of BSkyB. Why does he believe that the assurances that News Corp executives have given are any more credible than the assurances they gave over phone hacking?
The Prime Minister
The point is that we have followed the correct legal processes. If you do not follow the correct legal processes, you will be judicially reviewed, and all the decisions that you would like to make from a political point of view will be struck down in the courts. You would look pretty for a day, but useless for a week. [Interruption.]
Mr Speaker
Order. If the House can overcome its collective mirth, it will give a hearing to Mr Ian Swales.
Ian Swales (Redcar) (LD)
Last Friday I visited Grangetown school in my constituency, which is the 17th most deprived primary school in the country. Will the Prime Minister join me in congratulating the school and community on their work to convert an area of demolished houses into a school playing field, and will he ensure that the Government continue their pupil premium policy to support the school’s excellent work?
The Prime Minister
I congratulate the hon. Gentleman on the support that he is showing to his local primary schools. I believe that the pupil premium, which will pump billions extra into education, particularly for the most deprived children in the most deprived parts of our country—[Interruption.] It will make a huge difference to our schools. For all the noise from the Opposition, they had 13 years to introduce a pupil premium. What did we get? Absolutely nothing.
King George Hospital, Ilford
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Lee Scott (Ilford North) (Con)
I thank my colleagues the hon. Member for Ilford South (Mike Gapes), the right hon. Member for Barking (Margaret Hodge), the hon. Member for Dagenham and Rainham (Jon Cruddas), my hon. Friends the Members for Hornchurch and Upminster (Angela Watkinson) and for Romford (Andrew Rosindell), my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), the hon. Member for Leyton and Wanstead (John Cryer) and all the volunteers who have helped to get the exceptional number of 32,000 signatures to this petition on the accident and emergency and maternity services at King George hospital.
The petition reads:
The Petition of the residents of North East London and others.
Declares that the Petitioners believe that the proposed closure of accident and emergency and maternity wards at King George Hospital Redbridge would not be in the best interests of the people living in these constituencies.
The Petitioners therefore request that the House of Commons urges the Government to take all possible steps to stop the proposed closure of the A&E and maternity wards at King George Hospital.
And your Petitioners, as in duty bound, will ever pray.
[P000934]
Afghanistan
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister (Mr David Cameron)
With permission, Mr Speaker, I would like to make a statement on Afghanistan.
From the outset this Government have sought to take a more hard-headed, more security-based approach to our mission. As I have said, we are not there to build a perfect democracy, still less a model society. Yes, we will help with the establishment of democratic institutions. Yes, we can improve infrastructure, develop education, encourage development. But we are in Afghanistan for one overriding reason: to ensure our own national security by helping the Afghans to take control of theirs.
This means building up the Afghan security forces so we can draw down British combat forces, with the Afghans themselves able to prevent al-Qaeda from returning and posing a threat to us and to our allies around the world. This is particularly poignant today, on the eve of the sixth anniversary of 7/7—an attack that was inspired by al-Qaeda and executed by extremists following the same perverted ideology that underpinned the 11 September attack in 2001.
Three hundred and seventy-five British servicemen and women have died fighting in Afghanistan to help strengthen that country and keep Britons and Britain safe from another 9/11 or 7/7. Thousands more, including many civilians, have risked their lives, and hundreds have been injured fighting for the security of our nation. They have been part of an international coalition involving 48 countries with a specific UN mandate, working at the invitation of a democratically elected Government. Though there have been many, many difficult times, we should be clear about what has been achieved.
In 2009, my predecessor as Prime Minister told the House that some three quarters of the most serious terrorist plots against Britain had links to Afghanistan and Pakistan. We must always be on our guard, but I am advised that the figure is now significantly reduced. International forces have been bearing down on al-Qaeda and their former hosts, the Taliban, in both Pakistan and Afghanistan. In Pakistan, Osama bin Laden has been killed and al-Qaeda significantly weakened. In Afghanistan, British and international forces have driven al-Qaeda from its bases and, although it is too early to tell for certain, initial evidence suggests that we have halted the momentum of the Taliban insurgency in its heartland in Helmand province.
We are now entering a new phase in which the Afghan forces will do more of the fighting and patrolling, and our forces more training and mentoring. As President Obama said in his address last month, the mission is changing from “combat to support.” When we arrived there was no one to hand over to—no proper army, no police force. In many places across the country the Afghan security forces now stand ready to begin the process of taking over security responsibility.
Success in Afghanistan requires a number of critical steps. The first is to ensure that Afghan security forces are able to secure their own territory. There have been well-known problems, especially with the Afghan police, but there has been real progress in the past two years. General Petraeus went out of his way to praise the recent performance of Afghan forces in a number of complex and dangerous operations. The Afghan forces are growing rapidly and are ahead of schedule to meet the current target of having 171,600 in the Afghan army and 134,000 in the Afghan police by the end of October this year. They are now deploying in formed units and carrying out their own operations.
There have been some real successes. Afghan national security forces have prevented insurgents from reaching many of their targets, and just eight days ago, when a major hotel was attacked in Kabul, they dealt with the situation. This was a major, sophisticated attack. They dealt with it professionally and speedily, calling in assistance from a NATO helicopter only to deal with insurgents on the roof. As General Petraeus stressed to me, they acquitted themselves extremely well. It is this growing strength and capability that will allow us over time to hand over control of security to Afghan forces and draw down our own numbers.
We remain committed to the objective, shared by President Karzai and the whole of NATO, that the Afghans should assume lead security responsibility across the whole country by the end of 2014. Last month President Obama announced that the US will withdraw 10,000 of its forces from Afghanistan by the end of this year and complete the removal of the US surge—some 33,000—by the end of next summer. At the time of the US surge, the UK increased its core force levels by an extra 500. For our part, I have already said that we will withdraw 426 UK military personnel by February 2012. Today I can announce that the UK will be able to reduce its force levels by a further 500, from 9,500 to 9,000, by the end of 2012. This decision has been agreed by the National Security Council on the advice of our military commanders.
These reductions reflect the progress being made in building up the Afghan national security forces. Indeed, it is worth noting that for every US soldier who leaves as the surge is removed, two Afghans will take their place. This marks the start of a process that will ensure that by the end of 2014 there will be nothing like the number of British troops who are there now, and they will not be serving in a combat role. This is the commitment I have made, and this is the commitment we will stick to.
Having taken such a huge share of the burden and performed so magnificently for a decade, this country needs to know that there is an end-point to the level of our current commitment and to combat operations. This decision is right not only for Britain but for Afghanistan. It has given the Afghans a clear deadline against which to plan and has injected a sense of urgency into their efforts.
Although there is a clear end-point to our military combat role, after 2014 the UK will continue to have a major strategic relationship with Afghanistan: a development relationship, a diplomatic relationship and a trade relationship. Above all, we have a vital national security interest in preventing Afghanistan from once again becoming a safe haven for international terror, so although our forces will no longer be present in a combat role we will have a continuing military relationship.
We will continue to train Afghan security forces. In Afghanistan I announced plans for a new officer training academy, which President Karzai specifically asked me for, and which I am proud Britain is able to deliver. We intend to lead the academy from 2013, in addition to maintaining our current role in the officer candidate school, which is due to merge with the academy in 2017. We will continue our efforts to help Afghanistan build a viable state, but our support cannot be unconditional.
In my meeting with President Karzai, I made clear the Afghan Government’s responsibility to ensure that British taxpayers’ money is spent well and spent wisely. I emphasised to President Karzai just how important it is that he personally grips the problems with the Kabul bank and the need for a new International Monetary Fund programme. I also urged him to support due democratic process and to tackle corruption, and I made it very clear that, although Britain wants to stand by Afghanistan beyond the end of our combat mission, we can do so only on the basis that Afghanistan must help itself, too.
Almost all insurgencies have ended with a combination of military pressure and political settlement, and there is no reason why Afghanistan should prove any different. As we strengthen the Afghan Government and security forces, so we will back President Karzai’s efforts to work towards an Afghan-led political settlement. The death of bin Laden presents the Taliban with a moment of real choice. Al-Qaeda are weakened; their leader is dead.
Last month, the United Nations adopted two separate sanctions regimes, creating a clear distinction that separates the Taliban from al-Qaeda. Local peace councils have now been established in almost all of Afghanistan’s provinces. These have already allowed more than 1,800 people from 17 provinces to be enrolled on the scheme for reintegration, so we should take this opportunity to send a clear message to the Taliban: now is the time to break decisively from al-Qaeda and to participate in a peaceful political process.
In this task, we need Pakistan’s assistance. As I discussed with President Zardari last week, that process is now as much in Pakistan’s interests as Britain’s or Afghanistan’s, because the Taliban pose a mortal threat to the state of Pakistan as well.
There is no reason why Afghanistan should be destined to remain a broken country. It has abundant mineral wealth and fertile agricultural land, and it stands at the crossroads of Asia’s great trading highway. It has succeeded in the past when not wracked by conflict, but Afghanistan still has many challenges ahead.
There are real security issues and a lack of Government capacity, but 10 years ago Afghanistan was in the grip of a regime that banned young girls from schools, hanged people in football stadiums for minor misdemeanours and banished radios and any form of entertainment—while all the time incubating the terrorists who struck on 9/11 and elsewhere.
Afghanistan, for all its imperfections, has come a long way. Today, it is no longer a haven for global terror, its economy is growing and it has a Parliament, a developing legal system, provincial and district governors and the basic building blocks of what could be a successful democracy.
In Helmand province, which with Kandahar, we should remember, was a stronghold of the Taliban and the insurgency, there is now a growing economy, falling poppy cultivation and many more effective district governors. The fact that President Karzai has been able to choose Lashkar Gah as one of the areas to include in the first phase of transition is a sign of the transformation that we have helped to bring about there.
As we enter this new phase of transition, I am sure the whole House will want to join me in paying tribute to our servicemen and women who have made such incredible sacrifices to defend our national security. While we have been going about our daily lives, they have been out there day and night, fighting in the heat and the dust and giving up the things that we all take for granted.
That is the true character of the British Army, and it is why we are so incredibly proud of all our forces and the families who support them, and why we are so grateful for everything that they do for us. I commend this statement to the House.
Edward Miliband (Doncaster North) (Lab)
I join the Prime Minister in paying tribute to our forces, who serve with such dedication and such heroism in Afghanistan, and let me just say to him that, whatever differences separate us on other issues, I commend the substance and the tone of his statement today and, indeed, his approach to the issue of Afghanistan.
As we prepare to remember tomorrow the victims of the attacks of 7/7, we are all reminded of why we are engaged in Afghanistan: to secure our security at home. That is why Opposition Members continue to support our forces in Afghanistan. We continue to support also the Prime Minister’s intention to end the British combat role in Afghanistan by the end of 2014. It is right that we make it clear to the Afghan Government and their security forces that they need to step up and take responsibility for the future of the country, and it is right that we make it clear to the British people that this is not a war without end.
This year and next we must maintain the combination of military pressure, the accelerated build-up of the Afghan security forces and the work on basic governance and justice. I support the Prime Minister’s plan to maintain British troop levels above 9,000, as they have been for the past two years, for this fighting season and the next. That will give our forces the best chance of consolidating the situation before the process of transition to Afghan control accelerates in 2012 and 2013, when our forces can start to come home in greater numbers.
May I first ask the Prime Minister about our troop commitments? Will he assure the House that if our reductions go slower than those of other countries—in particular, America—that will not cause British forces to take on a disproportionate share of the burden in Helmand? Can he assure the House that detailed plans for troop draw-down will always be based on military advice and conditions on the ground? I am sure that he can give that assurance. We ask our troops to do a difficult job in testing circumstances. Will the Prime Minister assure the House that our armed forces will continue to receive all the equipment they need in the months ahead, including the 12 Chinooks he promised but for which the order has still not been placed?
The bravery and professionalism of our armed forces deserve to be given the best chance of success. As the Prime Minister said in his statement, that will be realised only if we see political progress in Afghanistan. The political track is as important as the decisions on troop numbers and military strategy. As I understand it, there are still talks about talks. I am sure the Prime Minister will agree that much work needs to be done between now and the Bonn conference in December, and indeed after it, if we are to make the most of this opportunity. I have some specific questions on that issue.
First, to build on the excellent work of Stefan di Mistura, the UN special representative, will the Prime Minister press for the Security Council to appoint a senior figure, perhaps Mr di Mistura or someone from the Muslim world, to be empowered to mediate between the Afghan Government, ISAF and those members of the Taliban who renounce violence? Such a figure could help to secure the commitment of countries in the region to support a new political settlement, reflecting their shared interest in long-term stability in Afghanistan.
Secondly, although it must remain a red line that the Taliban and others must commit to a peaceful political process, the constitution need not be set in stone. Will the Prime Minister press the Afghan High Peace Council to consider constitutional reform, including a more devolved Afghan state, which I believe is one demand that could unite people with political differences? Those steps need to be taken now so that by the time of the Bonn conference in December the ground has been prepared and real progress can be made.
As we look to a stronger Afghanistan, we all recognise that there are issues of governance and the rule of law. Will the Prime Minister say more about the ongoing scandal over the Kabul bank? I welcome that he raised the issue with President Karzai. Does he agree that this problem symbolises the inability of the Afghan Government at times to distance themselves from practices that threaten to undermine the Afghan economy and international development assistance? Will he tell us more about the role that Britain is playing to get the Afghan Government to take the necessary steps to tackle the crisis in the Kabul bank and allow the International Monetary Fund to resume its proper support?
Finally, I turn to Pakistan. We all accept that long-term stability in Afghanistan depends on stability in Pakistan. When I met President Zardari last week, I commended the hard work and sacrifice of the Pakistan security forces in tackling violent extremism in the north-west of the country. As the Prime Minister said in his statement, the situation in Pakistan continues to be serious. There is a danger that the bringing to justice of Osama bin Laden, which should be welcomed on all sides, will not have that effect in Pakistan. What steps is the Prime Minister taking to put British support for counter-terrorism in Pakistan at the heart of our relationship with the Pakistan Government?
We all want to see British troops come home at the earliest opportunity, not least the family and friends of those who are currently serving in Afghanistan. However, we also want the campaign to be concluded in a way that ensures that their service and sacrifice has not been in vain, and that Afghanistan and the wider region move into a stable future, rather than once again posing a serious threat to our security and that of other countries. I welcome today’s statement as a step along that path. I say to the Prime Minister that I will continue to work with him on Afghanistan so that we can redouble our efforts on the military and political fronts to give Afghanistan the stability it needs for the future.
The Prime Minister
I am grateful to the right hon. Gentleman for his response to the statement and for the very good cross-party support not only for the mission but for how we are proposing to draw down and bring it to an end. He is right to say that the combination of military pressure, the build-up of the ANSF and a political process can enable us to meet our objective.
The right hon. Gentleman asked some specific questions, the first of which was on troop commitments. Yes, we are withdrawing troops more slowly than the US, but of course the US had a surge of about 33,000 troops. Its enduring number is more like 70,000, so obviously it makes sense for our draw-down to be proportionately smaller. It is important for us to have the draw-down in the way I have said.
The right hon. Gentleman said, quite rightly, that we must be careful as the draw-down takes place that we do not put a disproportionate burden on the remaining British troops. I am very clear that we must not enter into large new operational areas. We should continue the excellent work that we are doing in Helmand province, handing over progressively to the Afghans. Indeed, we are seeing the transition of Lashkar Gah and it might well be possible to transition other parts of Helmand province in a very effective way before the end of the process.
On the issue of equipment, one thing that struck me on the visit from which I have just returned, and indeed on visits over the past couple of years, is that there is now a real sense among our troops that they have the equipment they need. The body armour is much improved, as is the quality of vehicles, such as Mastiffs. There is no use of Snatch Land Rovers outside bases any more, and what has taken place is very positive. Obviously some of that action was initiated under the previous Government, and it has been continued under this Government. Funding the urgent operational requirements in Afghanistan is working well. Clearly we need to ensure that we have helicopter capacity and that Chinooks and the rest go ahead.
On talks, the right hon. Gentleman mentioned the need for a new international figure. I feel that perhaps the time for that has passed. I think that we now need an Afghan-led process. There are now much more effective discussions taking place between Afghanistan and Pakistan, with a much more positive attitude on both sides. We should do what we can to give that every possible support.
The right hon. Gentleman talked about the High Peace Council. I met former President Rabbani, and I think he is doing extremely good work in that process. We should not be completely hung up on every element of the current Afghan constitution, but it is important to give a reassurance to the Government, Parliament and people of Afghanistan that there is not some secret agenda to carve their country up. There is not. We want to see a strong and stable Afghanistan, with everyone within it playing a part in its future.
On the Kabul bank, we are very clear about what is necessary. We need a forensic audit of what went wrong and what happened, and we need the recapitalisation of the central bank so that the financial system is properly supported. The UK is massively involved in that process, and we are working for a positive outcome. We need it, because otherwise funds cannot flow into organisations in Afghanistan in the way that they need to.
The right hon. Gentleman is entirely right to commend the Pakistani security forces for what they have done in the north-west frontier and elsewhere. On the British relationship with Pakistan, what is important at a time when it is clearly under huge challenge is obviously to talk about our counter-terrorism relationship, but also to stress all the parts of our relationship and explain that we are there for a democratic and peaceful Pakistan for the long term, just as we want to have a long-term relationship with Afghanistan. Both those countries fear, and have good evidence from the past, that some in the west will walk away. We must convince them that our long-term interests are to be with them and stand with them.
Nicholas Soames (Mid Sussex) (Con)
May I join the Prime Minister in paying tribute to the magnificent performance of the men and women of all three services and all those who support them in Afghanistan? May I particularly commend the decision that he has pushed forward to have an officer training school in Afghanistan and provide the personnel to be instructors? The British Army is brilliant at that and will do it very well. May I suggest that he might also consider whether our resources might extend to doing the same thing to provide help in training civil servants?
The Prime Minister
My hon. Friend is absolutely right, and I misspoke—I referred to the spirit of the British Army, but I should have talked about all the British armed services. It is very striking when one is there just how many RAF personnel, and indeed how many Navy personnel, are in Afghanistan, not least the Marines. I had the great pleasure of being able to speak to both the UK Royal Marines and the US Marine Corps—an odd thing to do on Independence day, but I struggled through none the less.
My hon. Friend is right to mention what we are calling “Sandhurst in the sand”, which I think is the right proposal for British involvement in the future. Clearly there is also a case for doing more on civil service training, and we will look at that as well.
David Miliband (South Shields) (Lab)
May I beseech the Prime Minister to reconsider his rejection of the idea of a UN mediator? His own arguments about the record of the Afghan Government, and indeed its present activities, show why an independent figure from the Muslim world needs to be engaged there, with the Afghan Government as a party but also with western nations and neighbours as parties.
Secondly, will the Prime Minister pick up the idea of a council of regional stability? Although he is right to mention Pakistan, the truth is that stability in Afghanistan requires the engagement of all its neighbours, not just the Pakistanis. The dangers in Afghanistan relate not just to the presence of the Taliban in the political system but to some of the northern and other groups. A council of regional stability is essential to provide the type of support for a stable Afghanistan that we all want to see.
The Prime Minister
I listen carefully to the right hon. Gentleman, who has considerable experience in this. I agree very much about ensuring that Afghanistan’s neighbours are fully involved. One point I would make, though, is that from what I have seen there is no shortage of ideas for new processes to wrap around that. The problem is a lack of commitment. We need to see real commitment from the Afghans to work with the Pakistanis and real commitment from the Pakistanis to work with the Afghans.
President Karzai made the very reasonable point to the Pakistanis when he visited recently that there must be an ability to allow Taliban who want to talk to go to talk, but that those Taliban who do not want to talk must be arrested and confronted by the Pakistanis. It seems to me that it is about commitment. We can wrap all the processes in the world around it, and I will certainly look at what the right hon. Gentleman says, but in the end what we should be about is encouraging real commitment to make the peace process work.
Sir Menzies Campbell (North East Fife) (LD)
May I endorse the points that have just been made about the need for regional involvement in stability? The Prime Minister went to some lengths to explain what the United Kingdom would do after the withdrawal of combat forces. What confidence does he have that other countries—for example, members of NATO or the European Union—will be willing to contribute in a similar way?
The Prime Minister
I think there is good evidence that there is a real commitment in NATO. Many NATO partners say that we joined this together and should leave together. There is a growing understanding that what needs to be done in cases such as this is to have an enduring relationship rather than just a short-term relationship. That argument is well understood, and the commitment that other NATO members have made to the training positions in Afghanistan is a pretty positive story.
Mr David Winnick (Walsall North) (Lab)
As someone who takes a somewhat different view on Afghanistan, may I make it quite clear that I pay tribute, as I have previously, to the British troops involved for their bravery?
Will the Prime Minister continue to reject the arguments of those who oppose ending the British combat role in the next four years? As far as I am concerned, I would like to see it done earlier. Is there not a very strong feeling in this country that, after 10 years, the British people want out?
The Prime Minister
I think what the British people want is some certainty about the length of the mission and what it involves. My belief is that because we have been in Afghanistan since 2001 and in Helmand province since 2006, it is reasonable to say to people that we are going to be there until the end of 2014 in large numbers and in a combat role, but that after that the numbers will be lower and we will not be in a combat role. That gives people in our own country some certainty, but it also puts some pressure on the Afghans to ensure that they have really worked out how they need to take their responsibilities. The advice that I receive from our military commanders is that this is doable. Yes, it is challenging, but it is on track to be achieved.
Mr James Arbuthnot (North East Hampshire) (Con)
I welcome what my right hon. Friend said about the modest withdrawal of troops next year, and, along with my hon. Friend the Member for Mid Sussex (Nicholas Soames), I also particularly welcome what the Prime Minister said about the officer training academy in Afghanistan. Will the military relationship after 2015 extend beyond that academy to training, mentoring, logistics and other support?
The Prime Minister
Yes, it will. Let us look at the numbers—we are talking about roughly 120 British personnel for the training academy, supplemented by other countries’ personnel. Indeed, the US has agreed to put, I think, $38 million into the training academy. Clearly we want to do more over and above that, and the National Security Council will discuss precisely how much we should commit and how much we will spend. Yes, of course we will be going over and above that as part of an important relationship to help Afghanistan build and maintain its capacity.
Mr Alistair Darling (Edinburgh South West) (Lab)
May I join the Prime Minister in expressing my condolences to the family of Scott McLaren, who was killed in such tragic circumstances earlier this week? He came from Edinburgh. His loss of life is a reminder to us of the sacrifice being made in Afghanistan by so many young people from this country.
When the Prime Minister spoke of drawing down troop levels next year, I think I am right in saying that he meant reducing our troops to the numbers that we had at about the beginning of 2009. However, I was unclear about what will happen after 2014. Are we talking about maintaining such a significant presence after that time? I appreciate that the troops will be in a different role and doing different things, but the House will want to have some idea whether we are talking about maintaining such a significant presence, and also of where other countries stand on that.
The Prime Minister
The right hon. Gentleman asks a totally appropriate and legitimate question. What I have said is that the numbers are going down to 9,000 by the end of 2012. We must then work out the right number for 2013 and into 2014. I have said that after that, we will not be in Afghanistan in anything like the same number, nor in a combat role. I am not in a position now to give a figure for, as it were, the enduring commitment, through 2015 and beyond and the training role, which involves the officer training academy and other training work. We are not in a position yet to put a figure on that, but it will obviously be way down from the figures that we talk about today.
Richard Ottaway (Croydon South) (Con)
The Prime Minister reaffirmed today that the stated policy objective in Afghanistan is to deny al-Qaeda a base from which it can attack the UK and other British interests. From that, it is fair to assume that he continues to receive intelligence that al-Qaeda remains a threat in Afghanistan. I know that this is difficult, but will he consider how that information and intelligence can be shared with the House?
The Prime Minister
Obviously, the whole process of sharing intelligence is a difficult vexed issue, and there are some difficult recent historical connotations. What I said in my statement is that there was a time when the lion’s share of plots that threatened people in UK came from the Afghanistan-Pakistan region. The number of such plots has come down significantly since then. Clearly, al-Qaeda has been absolutely hammered in Pakistan—it has lost a huge number of its senior leaders—and it has nothing like the presence in Afghanistan that it had when it was hosted by the Taliban in 2001. Our aim should be not just to exclude al-Qaeda from Afghanistan, but to ensure that the Afghans can go on ensuring that exclusion without the support of foreign troops. That is our real enduring aim.
Hugh Bayley (York Central) (Lab)
I express my admiration for the service personnel, including the men and women of York’s 2 Signal Regiment, whom I met in Afghanistan when I went with the NATO Parliamentary Assembly three weeks ago. As our troops come home we will, thanks to the NATO training mission, leave behind very strong, and very well-trained and armed, Afghan national security forces. However, at the current rate of progress we will also leave behind fragmented politics. Given the history of military dictatorship and authoritarian states in the region, I believe that Afghanistan could go the same way. What are our Government doing to try to prevent that from being the medium-term outcome?
The Prime Minister
The hon. Gentleman makes a very good point. The more mechanical task of training the Afghan army and police is now going very well. There were errors and mistakes in the early days, but I think that they have been ironed out. I was very struck by what General Petraeus and Lieutenant-General Rodriguez said about the quality of the Afghan army. Clearly, the long pole in the tent—as they like to call it—is how strong, sustainable and vigorous is the quality of Afghan governance and democracy. The moment there is a stand-off between the Executive on the one hand and the Parliament in the other, we must settle those issues.
As I said, I do not think that we will achieve perfection—Afghanistan is a country without a long-standing democratic history—but we must help to put in place basic democratic institutions and functioning government. The British effort is hugely geared towards that task.
Bob Stewart (Beckenham) (Con)
Given that for many years our Government negotiated with the Provisional IRA while we were still fighting, I suspect that at some level, we will be negotiating with the Taliban. Will my right hon. Friend the Prime Minister agree that one of the most important things that we must put forward in any negotiations with the Taliban is that al-Qaeda should never become part of Afghanistan if the Taliban were ever to form a Government, or part of a Government, in that country?
The Prime Minister
My hon. Friend is right. Let me make two points. First, this must be an Afghan-led process. This is about the Afghans trying to bring together in their country all the elements that should form a part of its future. Clearly, if the Taliban separate themselves from al-Qaeda, and if they are prepared to give up violence and accept the basic tenets of the Afghan constitutions, those are end conditions. If they can do that, there is the potential for a political process that can speed the end of this conflict. Clearly, we must go ahead on the basis that we are building the Afghan army and continuing with very tough operations to take out Taliban insurgents, but that there is also the opportunity for a political integration process at the low level, and a reconciliation process at the high level, that can speed the end of the conflict, and we can end up with a more stable and peaceful Afghanistan.
Mike Gapes (Ilford South) (Lab/Co-op)
The Prime Minister referred to the recent attacks on the hotel in Kabul, which is well inside several security rings. Are there not worrying indications that the Taliban are infiltrating parts of Afghanistan where they previously had not been? How confident can we be that the Afghan authorities and President Karzai will be a in a position of complete control over the internal security of Afghanistan by the end of 2014?
The Prime Minister
The hon. Gentleman makes a good point about the capacity of the Afghan Government and the scale of the Afghan security forces, which is improving all the time. The point I would make is that there has been rather unfair press about the hotel. In fact, the Afghan security forces were able to clear it of insurgents rapidly. There was of course a regrettable loss of life, but the operation was fast and effective. They drove the insurgents on to the roof, where they were effectively taken out with the assistance of NATO. We saw a similar attack on a hotel in Mumbai, and we have seen suicide attacks in other countries. All I can say is that people who are pretty tough nuts, such as General Petraeus and Lieutenant-General Rodriguez, were very impressed by what the Afghan security forces did. We should be talking that up, not talking it down.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Although my right hon. Friend, and indeed President Obama, are under all kinds of pressures to speed up the withdrawal from Afghanistan, and although that would be the wrong reason to withdraw, may I commend my right hon. Friend on setting a timetable, because that is how to accelerate the political process in Kabul and make President Karzai sit up and engage in the some of the talks that are already taking place? I also agree with my right hon. Friend that it would be quite wrong to internationalise that process. It must be done through the tribal structures and Loya Jirgas in Afghanistan, by and for Afghans. It is not something that we can supervise from the UN.
The Prime Minister
I thank my hon. Friend for his question; perhaps I can adjudicate between the two poles in the House. The process must be Afghan led. We do not want a bad, tribal, poorly thought-through carve-up that will lead to future instability. Clearly, there must be a proper reconciliation process, but what I have seen—a timetable has perhaps assisted with this—is a very positive engagement from Afghanistan in Pakistan on their shared future. We can push, encourage and work with those two countries, but in the end they must make decisions together on how they will be more secure.
Ann Clwyd (Cynon Valley) (Lab)
Everybody would welcome the fact that peace negotiations are seriously under way. May I ask the Prime Minister for assurances that the rights of women will not be sold down the river? Those rights have been hard fought for. We do not want to see women once again imprisoned in their homes, and children—girls—not allowed to go to school. Will he ask the President to include women in his negotiating team? Many women are fearful of what will happen in Afghanistan in future, and they deserve such assurances.
The Prime Minister
The right hon. Lady makes a very good point. I would stress that prominent Afghan women are involved in that reconciliation process through the high peace council, which is run by former President Rabbani. Clearly, nobody wants a return to the days of the Talibanisation of Afghanistan, but we must accept that if we want a speedier end to the insurgency and long-term stability in Afghanistan, what President Karzai has referred to as his “lost cousins”—those who have lost their way—must be brought back into the body of Afghanistan. We found that fantastically difficult with Irish republican terrorists, but none the less, people who were previously committed to violence, maiming and bombing people are now sitting in government in Stormont. The same process must happen in Afghanistan, difficult though it is.
Mr John Baron (Basildon and Billericay) (Con)
May I press the Prime Minister again on the importance of talks with the Taliban being non-conditional? Non-conditional talks with the IRA helped to bring about peace in Northern Ireland, and I suggest that the US wish for al-Qaeda and the Taliban to sever all ties should be part of a settlement rather than a precondition.
The Prime Minister
My hon. Friend is right, in that what matters is the end of the process. If we can get into a political process in Afghanistan with people who have separated from al-Qaeda, given up violence and accepted the basic tenets of the Afghan constitution, that will be a success. However, we cannot shade or fudge the idea of letting armed terrorists into government. We need to have some red lines in our minds about what is possible and appropriate, otherwise we will not end up with stability or any form of functioning state.
Caroline Lucas (Brighton, Pavilion) (Green)
The Prime Minister will know of increasing concern about the use of drones in Afghanistan and elsewhere, particularly about the risk that they will strike civilians. Just yesterday it was confirmed that a drone had killed four Afghan civilians and injured two others. Given that military officials are saying that almost one third of the Royal Air Force could be made up of drones within the next 20 years, will he review the use of this policy?
The Prime Minister
Of course it matters hugely that we avoid civilian casualties, whether in Afghanistan or in Libya. However, I do not think that the answer is to turn our face away from the modern technology that can now pinpoint people who are doing us harm. The technology being used in Afghanistan, including drones and other aerial ISTAR—intelligence, surveillance, target acquisition and reconnaissance—cameras, has been hugely effective in driving back the Taliban insurgency and taking out people who are doing us harm.
Bob Russell (Colchester) (LD)
16 Air Assault Brigade recently returned from its fourth deployment to Afghanistan, much good having been achieved. I urge caution over the speed of the withdrawal of British troops in case all that good work comes to nothing. In particular, I draw the Prime Minister’s attention to what happened in the summer of 2008, when the four battalions of the Parachute Regiment joined forces to transport a turbine to the Kajaki dam. Three years later, it still has not been connected up.
The Prime Minister
My hon. Friend makes a good point. I do not want us to jeopardise the success achieved so far. From my many conversations with our service personnel, many of whom are going back to Afghanistan for a second, third or, as he said, even a fourth time, it seems to me that morale is extremely high, and that there is a sense that we are achieving good things in Afghanistan. However, I think that we need to focus on what is effective. One problem has been that we should have applied earlier the effective measures of counter-insurgency that we are now pursuing—protecting the larger population centres and ensuring that the main transport routes are open. Some of what we have done in years gone by might have had important symbolism for Afghans, but the real symbolism lies in protecting large population centres so that people can go about their daily lives.
Paul Flynn (Newport West) (Lab)
Does the Prime Minister support the campaign by his own constituents and many families of the bereaved for the processions that bring the bodies of the fallen back to this country to be rerouted through urban areas so that local people can publicly express their respect, the families can express their grief and the country can be reminded of the true cost of war?
The Prime Minister
I am glad that the hon. Gentleman has raised this issue. Obviously, as the constituency MP, I take a close interest in it. I have tried to allow for the greatest possible consultation with the armed forces, the MOD and local councils in Carterton town and across West Oxfordshire district council. I believe that we have arrived at a sensible route with a far better centre for families within the airbase. Money is also being spent on a proper memorial garden where families will be able to show their respects to their loved ones. A lot of thought has gone into this, and of course we must keep it under review and ensure that it is done in the right way. However, there is sometimes a great danger—whether it is the local MP or the Prime Minister—of stepping in without allowing people to determine what is a good outcome that will be well done. Let us see how it works in practice before we jump to conclusions here.
Dr Julian Lewis (New Forest East) (Con)
If we are to achieve a political settlement involving the Taliban, there must be an incentive for the Taliban to negotiate. At the moment, however, there is no such incentive. Has the Prime Minister received any indication from our American allies that they are contemplating the preservation of a long-term strategic base and bridgehead area in the region that would demonstrate to the Taliban, in any future Government in which they participate, that the return of al-Qaeda or other international terrorist organisations would not be tolerated and could easily be punished?
The Prime Minister
My hon. Friend makes a good point. However, I think that there is an incentive to join a political process, because Taliban mid and high-level leaders are being killed in ever larger numbers. Actually, we are now seeing, in some cases, lowering morale among the Taliban within Afghanistan because their “brave” mid and high-level leaders are cowering over the border in Pakistan. That is what has happened, and we need to keep up that pressure. Of course we need to work with the Afghans so that they have the long-term capability to go on dealing with the insurgency, if it continues—even in a minor way—along the lines that he suggests. However, no one should think that the Taliban are not under pressure; they are under huge pressure because of the surge and the effectiveness of the operations in which we are also engaged.
Mr Frank Roy (Motherwell and Wishaw) (Lab)
Will the Prime Minister guarantee that as we draw down troops in Afghanistan, we will not draw down the number of people who provide security for the diplomatic teams that will be left in the country?
The Prime Minister
Obviously it is hugely important that we secure those who work in our embassy. I had the great good fortune of meeting many people who work in the Kabul embassy, which is now one of our biggest embassies. They have to make huge compromises to work in such a difficult location, and their security needs to be absolutely at the top of our agenda.
Rory Stewart (Penrith and The Border) (Con)
It takes wisdom to set a date for withdrawal, but it takes enormous courage to stick to that date. Will the Prime Minister reassure us that no amount of guilt at lost lives, over-optimistic promises from generals or fear of lack of progress will ever shake his resolve that Britain will be entirely out of combat operations by the end of 2014 at the very latest?
The Prime Minister
I can give my hon. Friend that assurance because it is important to give people a sense of an end time to these combat operations. As he said, it is always difficult to change the lay-down of British armed forces. I think that the early decision I made to focus on central Helmand and to get out of Sangin has been hugely important in ensuring that we have the right concentration of forces on the ground to do the job that we need to do. It is always difficult to come out of somewhere, but it is an important measure to make us more effective. That does not mean that lives have been lost in vain, however, and the Americans continue to do excellent work in Sangin. Nevertheless, we have to make hard-headed and difficult decisions for the long-term good of our armed forces and country.
Keith Vaz (Leicester East) (Lab)
In his discussions with President Karzai, did the Prime Minister raise the issue of the exodus of thousands of Afghanis from Afghanistan? As he knows, I have raised this matter in the House before. Fifty thousand Afghanis crossed the border between Turkey and Greece last year. Although he accepts that the threat from al-Qaeda is receding in Afghanistan, it is increasing in Yemen. What are we going to do about country shopping by al-Qaeda?
The Prime Minister
The right hon. Gentleman is entirely right. One of the roles of the National Security Council is to sit down and look at the scale of the threat that we face, and where that threat is coming from. Clearly the threat picture is changing, in that the number of threats coming out of the Pakistan-Afghanistan area is receding, and the number coming from Yemen and Somalia is growing. The nation has to work out how smart we can be in combating that threat. That means learning lessons from Iraq and Afghanistan about how best to combat extremism and violence in those countries. I am determined—with the good advice of the Home Affairs Committee, I am sure—to learn those lessons.
Angie Bray (Ealing Central and Acton) (Con)
I welcome today’s statement, and in particular the Prime Minister’s reminder to President Karzai that his Government must be responsible for ensuring that British taxpayers’ money is spent wisely and well. Can the Prime Minister reassure British taxpayers that measures are in place to ensure that that happens?
The Prime Minister
I can give that assurance, but clearly not everything has been satisfactory up to now. The situation with the Kabul bank has been appalling, but we now have it moving towards a solution, because there will be a forensic audit and recapitalisation of the bank. However, we need to put in place procedures within the Afghan Government so that there is not the level of corruption and wasted money that there has been.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
I fully accept the Prime Minister’s argument that he cannot be entirely precise about how many of our troops will be in Afghanistan by the end of 2014. However, I am somewhat surprised that he can be so certain that they will be there in a non-combat role. If the progress made over the next few years is not as positive as he anticipates, surely he would not allow our troops there to be placed in a situation where security could not be secured, and which might require them still to have a limited combat role.
The Prime Minister
Let me turn the hon. Lady’s question the other way round. If we are still in Afghanistan in 2014 in our current numbers and still in a combat role, clearly there would be something fundamentally wrong with the strategy that we would be pursuing. The point is that we have a programme and a plan. It involves the build-up of the Afghan national security forces, which is going well, it involves working with our allies, which is going well, and it involves close co-operation between us and the Afghans, all of which can be done. That is what we should focus on, and that is the programme that we will deliver.
Rehman Chishti (Gillingham and Rainham) (Con)
I welcome the Prime Minister’s statement. Does he agree that a key element in achieving long-term stability in Afghanistan and Pakistan will be providing good quality basic education, which will give people hope and opportunities, and lead them away from entering into sectarian and ethnic violence?
The Prime Minister
My hon. Friend is entirely right. If we look at the huge population growth in Pakistan in particular, and the fact that more than 10 million children are now out of school, we have to ask what sort of future will they grow up into and what sort of extremism will they be prey to. That is why, in spite of the frustration sometimes felt at Afghanistan being unable to do more on education itself, we are right to have the targeted programme that we do, in order to put more Pakistani children through school.
Dr William McCrea (South Antrim) (DUP)
I welcome the Prime Minister’s statement, and pay tribute to the bravery and dedication of our soldiers and security personnel in Afghanistan. Will he ensure, however, that we will withdraw from Afghanistan at a time when we have achieved our overriding goal of ensuring our national security, as he has stated in the House today?
The Prime Minister
The answer to that is yes. Our goal is that Afghanistan can secure itself from al-Qaeda and terrorist bases without the need for British or other forces. That is the goal, and that is why building up Afghanistan’s security apparatus is so central. All the other things that we have talked about today—schooling, development, education—are important, but security is the absolute key.
Stephen Gilbert (St Austell and Newquay) (LD)
I welcome the Prime Minister’s focus on an Afghan-led political solution, but in honour of the 375 brave British service personnel who have died in Afghanistan, that solution must include the rights of women, rights for other minorities, religious freedom and a commitment to developing democracy. Can he assure me that in detailed talks, those will be some of his red lines with the Taliban?
The Prime Minister
Those things are guaranteed through the Afghan constitution, and Afghanistan has made huge steps forward. Knowing President Karzai as I do, I know that he would not agree to an Afghanistan that was miles away from the sort of human rights and development goals that my hon. Friend wants to see progressed. However, we have to have a hierarchy, as it were, and the hierarchy of need from the UK’s point of view is to focus on security and the Afghan Government’s capacity to secure their own country. Other things have to take their place behind that.
John Woodcock (Barrow and Furness) (Lab/Co-op)
The Prime Minister seems to be guaranteeing that the 12 extra Chinooks will be ordered. Is that right?
The Prime Minister
What I am saying is that we have made announcements about Chinooks being ordered, and we will stick to those announcements.
Mary Macleod (Brentford and Isleworth) (Con)
Britain can help to achieve peace and stability in Afghanistan by leaving a lasting long-term legacy. I welcome my right hon. Friend’s announcement today about the officer training school, but does he not agree that for education for all, especially young girls, is also important?
The Prime Minister
I do agree: if we want to see long-term stability in Afghanistan, that cannot be possible by excluding half the population from being educated. Indeed, if we look right across north Africa and the middle east, the empowerment and education of women is important not just for human rights, but for economic development and for peace and progress.
Jim Shannon (Strangford) (DUP)
I welcome the Prime Minister’s statement to the House today. Back in March, round about St Patrick’s day, several hon. Members, including me, had the opportunity to visit Afghanistan, and in particular Lashkar Gah. At that time, we met some of the people from the police training college. One could not fail to be impressed by their energy, enthusiasm and commitment. However, they needed a $6 million new college, yet they told us that there was no start date or completion date for it. If there is to be a handover of security, the police will need training. Can the Prime Minister give us a commitment on the start and completion dates of the police training college in Lashkar Gah?
The Prime Minister
I shall make two points to the hon. Gentleman. First, the police training college in Lashkar Gah is up and running, and it is working. I have visited it myself, and it is taking huge steps forward. One of the tragedies of the situation is that police training was the responsibility of other countries. Britain has had to take on some of those responsibilities directly, and we have done so very well. He will be interested to know that Lashkar Gah town will be one of the first places in Afghanistan to effect a transition. It is imminent: indeed, already today, security in Lashkar Gah is basically provided by Afghans for Afghans. Having been to Lashkar Gah many times over the last five years, I find that fact pretty staggering and pretty encouraging, and I think others should too.
Mr Philip Hollobone (Kettering) (Con)
Given that the raw material for such a high proportion of the illegal drugs on Britain’s streets starts in Afghanistan, what progress is being made on getting farmers to grow something other than poppy, and is the Prime Minister confident that the Afghan Government will continue that work once we have left?
The Prime Minister
We are seeing progress on that, and Britain has invested in the wheat seed distribution project in Helmand. However, one of the lessons that I have learned from going to Afghanistan repeatedly over the last five years is that we can talk all we like about destroying crops and the rest of it, but if we want to do something about poppy cultivation the real key is building roads, because we have to enable the Afghans to get their produce to market. If they do not have legitimate produce to get to a legitimate market, the drug dealers will prey on them, give them their poppy seed and collect their poppy at the end of the harvest, and the job is done. This is about roads and government capacity as much as it is about the criminal justice system.
Thomas Docherty (Dunfermline and West Fife) (Lab)
Given the Prime Minister’s remarks about the need to build Afghanistan’s political structures, he will have seen today’s media reports, so can he confirm whether the UK is considering sending senior civil servants or senior Officers of this House to Kabul on either a permanent or a temporary basis?
The Prime Minister
I had the great honour of meeting the Speaker of the Afghan Parliament. As I understand it, there will be good and strong relations between this Parliament and the Afghan Parliament, which is beginning to establish itself—but I will leave decisions on what Mr Speaker wants to do to Mr Speaker.
Graham Jones (Hyndburn) (Lab)
I welcome the Prime Minister’s comments about education in Afghanistan, but can he update the House on how much progress has been made from investing in schooling and education over the years, and on where that leaves us now?
The Prime Minister
The hon. Gentleman asks a good question. I shall write to him with the specific figures for the number of Afghans in school in Helmand province and elsewhere. I think that he will see very good progress, but I will write to him with the exact details.
Sunday Trading (Amendment)
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mark Menzies (Fylde) (Con)
I beg to move,
That leave be given to bring in a Bill to require the Secretary of State to permit local authorities to vary restrictions on Sunday trading on a temporary basis; and for connected purposes.
The objective of this measure is to provide a temporary and modest economic stimulus during the period of the Olympic games. This will be an exceptional period. Britain has invested billions in the games, and we must maximise the revenue opportunities from the hundreds of thousands of new tourists who will come into Britain at the time. My desire is therefore to help to offset the huge cost of the event by ensuring that every opportunity is taken to boost the economy during those six weeks or so.
I support Sunday opening. Large stores are restricted to opening for six hours, between 10 am and 6 pm; smaller shops are allowed to open for longer. Scotland has complete deregulation. This is about showing that England and Wales are open for business. We need to create a provision for events such as the Olympics, and we need to offset the financial costs involved. I am a supporter of the games, which will bring hundreds of thousands of international tourists and global opinion formers into the United Kingdom.
I want to make it clear from the start that the effects of this measure would be temporary in nature, as it would apply to only about half a dozen Sundays. This would be a small adjustment that could make a huge difference to thousands in the retail trade. This is not a partisan issue; I know that many Members on both sides of the House support this common-sense proposal.
Many of my colleagues will have been to the Olympic park and seen the enormous amount of redevelopment there. Some of the largest regeneration projects in the UK have been undertaken in the run-up to London 2012. They include the construction of Europe’s largest urban shopping centre. As the Prime Minister has said, we must utilise the potential that such a place provides for the country as a whole, by providing opportunities for the unemployed.
Millions of people will be visiting Britain in 2012; it will be the year to showcase our country to the world. We have an incredible opportunity to demonstrate what Britain is capable of, and this opportunity, not just for London but for the whole of the UK, is one that we must get right. I am also mindful of my own north-west. It is imperative that visitors are encouraged to return. Let us make allowances for people: for the shop workers who are desperate for overtime, for the ordinary worker, for the unemployed and for the consumer who wants more convenient shopping hours.
The preparation for the Olympics has already shown that we are able to adapt to the pace of change necessary to meet the big demands of a major international event. The royal wedding was a prime example of Britain at its best. So far, the major construction work has been on time and on budget, but it is also crucial to get the small things right. In the run-up to the 2012 games, London has no choice but to adjust. Allowances have already been made for Olympic car lanes, alterations to supermarket deliveries and changes to meet carbon emission targets. Let us make allowances for people: for the shop worker who is desperate for overtime during this exceptional period; for the employer who wants to adapt to cope with the millions of extra customers and a different pattern of trade; and for the average consumer who will want flexible shopping so that they can fully enjoy the games.
Certain areas of Britain, such as Oxford street in London, and Blackpool and the Lake district are tourist attractions in themselves. We must utilise the opportunity that the Olympics offer by giving businesses the chance to extend opening hours to consumers on the Sundays up to and during these exciting events. This is a once-in-a-lifetime opportunity to showcase the best of the UK’s culture, creativity and industry. It is anticipated that Britain will receive hundreds of thousands of extra visitors per day. They will include 14,700 athletes, alongside the 20,000 accredited journalists. Tens of thousands of global opinion formers will be visiting our country. Scotland already has freer Sunday trading hours. England and Wales therefore need to be prepared for the challenges that these additional visitors will place on the country.
As the Department for Culture, Media and Sport has said, we must
“boost national self-confidence, enhance the UK’s reputation abroad”
and
“attract high value inward investment.”
It is vital that we have the necessary services and facilities for the largest number of visitors that Britain will ever have seen. Olympic events will be going on at all times of the day. What a missed opportunity it would be if tourists with money in their pockets leaving an event late on a Sunday afternoon were to find the shops closed. The Olympic games also coincide with the annual summer holidays for schools and universities in England and Wales. Those young people will fill the temporary jobs that will be created during the Olympic games, not to mention the numerous temporary jobs created by local businesses. This is a fantastic opportunity to encourage our young people into work, and to improve their future employment prospects.
The Olympic games will bring benefits to areas across the UK. These include Old Trafford in my own north-west, a world famous football stadium that will be used to host nine football matches during the games. It is situated next to the Trafford Centre, a hugely popular shopping venue. During the passage of my Bill, we can deal with the powers for the Welsh Assembly and local authorities that might not choose to take advantage of this temporary measure. I do not wish to compel local authorities to have additional Sunday trading hours that they do not want.
Britain is a nation of many sporting events. The football and rugby Saturday and the summer Wimbledon are just some examples of the many events that attract thousands of visitors to the UK from across the globe. It is important that communities should be able to provide the flexibility for such events, so as to maximise economic gain. It makes little economic sense to make basic amenities unavailable to tourists and citizens alike during the games. At a time when the Government must focus on rebuilding the economy, creating jobs and boosting the disposable income of our people, we must not waste the unique opportunities that this major event will provide. What more powerful legacy could there be than creating opportunities for people to get jobs and earn some money?
With the retail sector booming in central London, having been boosted by foreign tourists, we must ensure that all our shops are able to deal with the increased demand. We must adjust their hours to cope with the fact that many people will stay at home and watch television because they wish to maximise the hours on a summer Sunday evening. I wish to give similar opportunities to my constituents in the north-west. One reason for this measure is the increase in tourism. The London Olympics are set to be worth at least £100 million in extra revenues to the UK retail sector, and we must meet this demand. We are not the first nation to face this issue. The French Parliament recently passed a measure to give local authorities in popular tourist destinations the power to extend Sunday trading hours. This is an example of how Sunday trading legislation can adapt to meet local demands.
I am committed to preserving the tradition of Sunday as a family day and ensuring the rights of shop workers. Having worked in the retail sector all my life, I am a champion of the primary legislation that sets in stone those rights, and it is rightly sacrosanct. No worker should ever be put in a position of having to work on a Sunday against their wishes. I believe that there is a real need for this temporary economic boost, however, and that we therefore need to reassess the current provisions. It makes little sense to impose Sunday trading limits on shop workers and the retail industry when transport, pubs and restaurants can be responsive when demand arises.
This measure is not a radical change. It is a practical, temporary tweaking of the common-sense provisions that have already been accepted by Parliament in 1994. It is an economic stimulus measure. Certain occasions demand that shops open for longer on a Sunday. Scotland has been sensible in this regard for many years, and this provision will have only positive benefits for our local economies. This move comes at a significant time in the history of our country with the coming of the Olympic games in 2012. England and Wales have demonstrated that they can adapt to the challenges that major events pose. Let us send a message that Britain is open for business and let us use this opportunity to maximise revenues from tourists. We have shown that we can get the big things right; let us not make the mistake of ignoring the smaller details.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
Thank you for giving me this opportunity to speak against the Bill, Mr Speaker. I recognise that the House is keen to move on to the next subject, however, so I shall not press the motion to a Division.
It is perhaps unusual to hear a speech from a woman opposing a proposal for more time to shop. I suggest, however, that the Bill that my hon. Friend the Member for Fylde (Mark Menzies) is introducing would have unintended consequences. He started to make a convincing case for extending Sunday hours generally, and I am not sure why he is trying to restrict his proposal to the Olympics if he believes that it would be helpful as an economic stimulus. He also said that only the larger stores are currently restricted. I encourage him to think again about his measure, so that we can once again reinforce the role of small, independent stores or smaller high street stores in boosting economic activity.
My hon. Friend suggested that the provisions would have only a temporary application. I am rather nervous about that, because such provisions usually set us on the road to permanent change. He also mentioned new employment opportunities, but stores in the Westfield shopping centre and similar places will not take on extra shop workers just to deal with an extra 24 hours of work spread across six Sundays.
I believe that my hon. Friend’s Bill sends out the wrong message. The Olympics will be a once-in-a-generation—perhaps once-in-a-lifetime—opportunity for everyone in this country to participate in and enjoy. He said that people could not be compelled to work on a Sunday, but I think he will find that that is no longer true. I will not press the motion to a vote today, but I give him notice that I will oppose the Bill as it passes through its parliamentary stages.
Question put and agreed to.
Ordered,
That Mark Menzies, Conor Burns, Rehman Chishti, Philip Davies, Thomas Docherty, Stephen Gilbert, Daniel Kawczynski, Chris Kelly, Andrew Rosindell, Iain Stewart, James Wharton and Priti Patel present the Bill.
Mark Menzies accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 25 November 2011, and to be printed (Bill 217).
Business of the House (Today)
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Will the Leader of the House confirm that, because the following motion will reduce the time available for the estimates debates tabled by Select Committees, an opportunity will be provided to debate the Prevent strategy—likely to be the one squeezed out today—at a later date?
The Leader of the House of Commons (Sir George Young)
I am grateful to the right hon. Gentleman for that question and I can give him that assurance. He is entitled to injury time and it will be provided.
Question put and agreed to.
Phone Hacking
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
We come now to the emergency debate on phone hacking at the News of the World. The House will observe that in light of the level of interest, I have, at this stage, imposed a seven-minute limit on Back-Bench contributions which is scheduled to take effect after the contributions from the Front Bench—from the Minister and the shadow Minister—and obviously after the opening contribution of the hon. Member for Rhondda (Chris Bryant). I simply make the point that that limit will be reviewable depending upon the length of early contributions to the debate.
Chris Bryant (Rhondda) (Lab)
I beg to move,
That this House has considered the matter of whether there should be a public inquiry into the phone hacking at the News of the World; and the conduct of the Metropolitan Police Service between 2006 and 2011.
At 8.50 am tomorrow, it will be six years since the London bombings, which saw 52 people murdered and 700 injured. Today we hear that the police are investigating whether the mobile phones of several of those who lost family members in those attacks were hacked by the News of the World. One such family member spoke—very movingly, I thought—on the “Today” programme this morning. Another has been in touch with me and there may be several others. In addition, I am told that the police are looking not just at Milly Dowler’s phone and the phones of the families of Holly Wells and Jessica Chapman, but at the case of Madeleine McCann and of 15-year-old Danielle Jones, who was abducted and murdered in Essex in 2001 by her uncle, Stuart Campbell.
The charge sheet is even longer, unfortunately. I am told that the News of the World also hacked the phones of police officers, including those investigating the still unsolved murder of Daniel Morgan. This is particularly worrying considering the collapse of the long-delayed trial of the private investigator, Jonathan Rees, who also worked for newspapers, earlier this year. Scandalously, it also seems that the News of the World targeted some of those police officers who were, at various times, in charge of the investigation into the News of the World itself. We can only speculate, Mr Speaker, on why they would want to do that.
These are not just the amoral actions of some lone private investigator tied to a rogue News of the World reporter; they are the immoral and almost certainly criminal deeds of an organisation that was appallingly led and had completely lost sight of any idea of decency or shared humanity. The private voicemail messages of victims of crime should never, ever have become a commodity to be traded between journalists and private investigators for a cheap story and a quick sale, and I know that the vast majority of journalists in this country would agree with that.
If we want to understand the complete moral failure here, we need only listen to the words of Mr Glenn Mulcaire himself:
“Working for the News of the World was never easy. There was relentless pressure. There was a constant demand for results. I knew what we did pushed the limits ethically. But, at the time, I didn’t understand that I had broken the law at all”.
To be honest, the ethics are the big issue here, just as much as whether the law was broken. The journalists and the private investigators should be ashamed of what happened. But so, too, should those who ran the newspaper. It is simply no excuse to say they did not know what was going on. Managerial and executive negligence is tantamount to complicity in this case. I believe that if Rebekah Brooks had a single shred of decency, she would now resign. God knows, if a Minister were in the spotlight at the moment, she would be demanding their head on a plate.
Let me be clear, though. The News of the World is not the only magician practising the dark arts. In 2006, the Information Commissioner produced a devastating report, “What price privacy now?”, which detailed literally hundreds—in fact, thousands—of dubious or criminal acts by journalists or agents of national newspapers: illegally obtaining driving licence details, illegal criminal records or vehicle registration searches, telephone reverse traces and mobile telephone conversions. He listed 1,218 instances at the Daily Mail and The Mail on Sunday alone, 802 at The People and—I say sadly as a Labour Member—681 at the Daily Mirror. Earlier this year, the new Information Commissioner revealed that many patients’ records held by the NHS are far from secure from the prying eyes of journalists. That is the most private information possible about members of the public.
Nicholas Soames (Mid Sussex) (Con)
Does the hon. Gentleman agree that I share with him—indeed, I have debated it with him across the Floor of the House—an appreciation of the Information Commissioner’s excellent report, “What price privacy now?”? Does he also agree that, regardless of party politics, it is shameful that the Government of the day did not take action when that report was published in the first place?
Chris Bryant
I will come on later to make some remarks, with which I hope the hon. Gentleman will agree, about how we have all failed in this process. I believe that the whole political system has failed in this. I take my own share of the blame for that. I asked Rebekah Wade questions about this a long time ago, but in the end the whole of the political system in this country did not take action. Now is our chance to do so.
Chris Bryant
I am not keen to give way too often, as I am aware that many others want to speak.
This issue is not just about what went on at the News of the World; it is also about the behaviour of the Metropolitan police. In the course of the limited investigation of 2006, which led to the conviction of Glenn Mulcaire and Clive Goodman, the police secured a vast amount of information. They could have—and, I believe, should have—interrogated that information so that it became evidence. They could have approached all those affected. They could have contacted the mobile phone companies to ensure their customers were better protected. Unfortunately, they did none of those things.
Mr David Hanson (Delyn) (Lab)
My hon. Friend may recall that as Police Minister at the time, I answered an urgent question on 9 July 2009, and put down a written ministerial statement on 14 July and again on 21 July in good faith. Included in one of the ministerial statements was this comment made by the Metropolitan police:
“The Metropolitan Police has also confirmed that it does not consider that there is anything else substantive in relation to additional evidence or information that would justify it re-opening the original investigation.”—[Official Report, 14 July 2009; Vol. 496, c. 11WS.]
Uncomfortable though that might be for the police—and, possibly, for myself and my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who was Home Secretary at the time—does that not justify having an investigation of the police performance at that time?
Chris Bryant
It pains me to say this as well, but the honest truth is that a lot of lies have been told to a lot of people. When police officers tell lies or at least half-truths to Ministers of the Crown so that Parliament ends up being misled, I think it amounts to a major constitutional issue for us to face. I hope that there will end up being a full investigation into that element and that we will come to the truth, but at the moment what hangs around is a very dirty smell. We need the Metropolitan police to be trusted—not just in London but across the whole of the United Kingdom. That is why we need to fight on this issue.
Did the reason that nothing happened have anything to do with the closeness between the Metropolitan police and the News of the World? After all, we know for a fact that Assistant Commissioner Andy Hayman, who was in charge of the investigation into the News of the World, now works for News International. We know that senior officers were wined and dined by senior News of the World executives at the very time, and occasionally on the very day, when they were making key decisions about whether any further investigation should proceed against that organisation. And we know that the News of the World paid police officers for information.
I say that categorically because, on 11 March 2003, in the Select Committee on Culture, Media and Sport, I asked Rebekah Wade, as she then was—Rebekah Brooks, as she now is—whether she had paid police officers for information. She said:
“We have paid the police for information in the past.”
I asked:
“And will you do it in the future?”
She replied: “It depends.” Andy Coulson, who was sitting next to her, said:
“We operate within the code and within the law and if there is a clear public interest then we will.”
I said:
“It is illegal for police officers to receive payments.”
Mr Coulson said:
“No. I just said, within the law.”
I do not believe that it is possible to pay police officers “within the law.” That is suborning police officers, it is corruption, and it should stop.
In April this year, Rebekah Brooks was asked by the Chairman of the Select Committee on Home Affairs to clarify exactly what she had meant. She replied:
“As can be seen from the transcript, I was responding to a specific line of questioning on how newspapers get information. My intention was simply to comment generally on the widely-held belief that payments had been made in the past to police officers. If, in doing so, I gave the impression that I had knowledge of any specific cases, I can assure you that this was not my intention.”
[Laughter.] I see that the Attorney-General himself is smiling.
Even more worryingly, as we discovered only last night, News International has handed over copies of documents that appear to show that former editor Andy Coulson authorised a series of payments to police officers running into tens of thousands of pounds. That is News International saying, “Yeah but no but yeah but…” . The truth is, however, that News International was doing it, and cannot be allowed to get away with it. I know that the News of the World seems to be hanging Andy Coulson out to dry, but surely the buck stops at the top, and that is the chief executive.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
I agree with what the hon. Gentleman is saying. Can we also agree that, in our handling of this matter, we must not for a moment prejudice the possibility of successful prosecutions of people who did these things?
Chris Bryant
As I shall try to prove in my next few remarks, I think that that is absolutely essential. My hope is that people who committed criminality at the News of the World will end up going to prison. The last thing I want is for the debate, or any inquiry, to hamper the police investigation or any possible prosecution. I agree with the right hon. Gentleman about that.
Chris Bryant
I will not, if Members do not mind. Many others wish to speak.
I know that there are those who argue that there cannot be a public inquiry during an ongoing investigation—and I noted the Prime Minister’s earlier comments, when he seemed to vacillate in relation to when that process could or could not start—but I think they are wrong. Indeed, I consider it vital for the police investigation to be supplemented by a public inquiry. First, some of the issues that need to be addressed may not be criminal, but they do strike at the heart of what an ethical code for the media should look like in this country. Secondly, although I have confidence in the officers who are conducting the Weeting investigation, I fear that the rug could be pulled from under their feet at any moment, and there is no certainty about when their investigations will be completed. By the time they are done, many of those involved may have left the scene or, more worryingly, shredded the evidence—or, of course, discovered selective amnesia.
That is why it is vital that an inquiry be set up as soon as possible and as soon as practicable, led by a judge with full powers to summon witnesses who must give evidence under oath. Of course the inquiry should not sit in public until the investigations are complete—I hope that that answers the question asked by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith)—but an astute judge can easily manage the relationship between a police investigation and an inquiry, prepare evidence, and secure witnesses without compromising any criminal investigation or prosecution.
I am confident that the Prime Minister agrees with that. After all—as was mentioned earlier—a year ago today he announced an inquiry, to be led by Sir Peter Gibson, into allegations of the torture of detainees. He appointed two other members to it, and said that he hoped it would start by the end of last year and be completed within a year. Indeed, he expressly pointed out that he was setting up the inquiry despite the fact that criminal investigations were still ongoing. My right hon. Friend the Member for Blackburn (Mr Straw), the former Lord Chancellor—and Foreign Secretary, and holder of many other posts besides—has received a letter about the Gibson inquiry which makes the position very clear. It states:
“The Inquiry has not yet started as we are still awaiting the conclusion of two related police investigations into the Security Service and SIS.”
None the less, says the letter, “preparatory matters” are in hand. That is precisely what I believe should happen in this case.
Mr Jack Straw (Blackburn) (Lab)
The inquiry into the torture allegations, led by Sir Peter Gibson—himself a former senior judge—has already been able to do a huge amount of work in private, so that if and when the police investigations and any proceedings that follow it are completed, the public part of the inquiry can start immediately.
Chris Bryant
I give way to the Attorney-General, in the hope that he will make the same point as well.
The Attorney-General
The hon. Gentleman has taken the wind out of my sails in one respect. I was going to agree with him that it was possible to set up an inquiry. However, I am sure he will appreciate that it becomes extremely difficult for an inquiry to take any evidence while criminal proceedings may still be taking place. That is obviously one reason why the Gibson inquiry has not yet begun its work, which it was hoped would start at the end of last year. I certainly note the hon. Gentleman’s comments about the possibility of setting up an inquiry, but it may not make much progress until the criminal investigations are over.
Chris Bryant
I am grateful to the Attorney-General for the way in which he has expressed himself. That is, in fact, a big concession. I think it important for us to make progress, not least because I think that the police themselves would like the sword of Damocles to hang over their necks, so that they know they must proceed and proceed apace. Also, when it comes to an inquiry—especially in this case—they sometimes have to look through the historiography of all the different documentation, and it is important to ensure that that is garnered now, privately.
I see no reason—other than a lack of will, or fear of what it might unveil—for the Government not to set up an inquiry, establish its terms of reference, and appoint its membership immediately.
Sir Menzies Campbell (North East Fife) (LD)
Will the hon. Gentleman give way?
Chris Bryant
I am anxious not to give way too often, but of course I will give way to the right hon. and learned Gentleman.
Sir Menzies Campbell
I am extremely sympathetic to the position adopted by the hon. Gentleman, but an inquiry of the kind that he suggests would necessarily require any individual whose interest was affected by it to be legally represented, and any such individual would have to be advised that he or she need not answer any question that might incriminate him or her. Were criminal proceedings to be completed, there would be no such opportunity for witnesses to refuse to answer questions.
Chris Bryant
I accept the tone of the right hon. and learned Gentleman’s remarks, but I think that we have hesitated for too long. It is not that I want to rush to summary justice, but I do want to ensure that justice ends up being done. Documents could be seized now, and material could be tied down. Of course, many elements of the form that the inquiry would take need to be hammered out, and I suggest that the Prime Minister and my right hon. Friend the Leader of the Opposition could have fruitful discussions to ensure that that is possible.
I also believe that we need a public inquiry because Parliament—which has conducted its own Select Committee inquiries under the excellent chairmanship of the hon. Member for Maldon (Mr Whittingdale), Chairman of the Culture, Media and Sport Committee, and my right hon. Friend the Member for Leicester East (Keith Vaz)—has been systematically lied to throughout the process. The list of lies is, I am afraid, endless.
News International claimed that the phone hacking only started in 2004, but we now know for certain of instances relating to 2003 and 2002. News International claimed that it had run a full internal investigation. It is patently clear that if it did, it hid stuff from the police, and that otherwise it did not. News International claimed that it had always helped the police, but only private civil cases pursued by some brave individuals have forced its hand.
The police claimed that they had notified all the victims, and that specifically named people were not victims. We now know that not all the victims were contacted, and that some people who had expressly been told that they were not victims were victims. I think that even Assistant Commissioner John Yates now accepts that he has misled Parliament because he briefed The Independent on Sunday that he was furious at the “inadequate” and “unprofessional” research of those beneath him with the result that some of his public statements at the time were at odds with what has subsequently emerged. I am sorry, but leadership does not involve the leader being rude about their staff; it involves them taking responsibility for what they say to Parliament, and if they have misled Parliament, they should resign.
Keith Vaz (Leicester East) (Lab)
My hon. Friend was an excellent witness when he came and gave evidence to the Select Committee on Home Affairs. However, the point is this: if a witness refuses to appear, it is very difficult to start the process of getting them before a Select Committee. A wider inquiry would have more powers than even a Select Committee.
Chris Bryant
That is my next sentence.
Many people out in the wider world may not care much whether Parliament is lied to—although I think we should—but this House came into existence to hold what was then the sole power in the land, the Crown and then the Government, to account. Where we now fail often, and sometimes miserably, is in holding the other powers in the land to account. We must do that properly from now on, and this is one such instance. We politicians have colluded for far too long with the media: we rely on them, we seek their favour, and we live and we die politically because of what they write and what they show, and sometimes that means we lack the courage or the spine to stand up when wrong has occurred.
We have let the Press Complaints Commission delude us into thinking that it is genuinely independent and has a bite that everybody is frightened of. Sometimes, we may even have fallen for the threats that have been made when we have spoken out. I know of several Members who have led this debate who have received threats.
We have let one man have far too great a sway over our national life. At least Berlusconi lives in Italy, but Murdoch is not resident in this country; he does not pay tax here and has never appeared before a Select Committee of this House. No other country would allow one man to garner four national newspapers, to be the second largest broadcaster, and to have a monopoly on sports rights and first-view movies. America, the home of the aggressive entrepreneur, does not allow that, and we should not.
Of course the proposed takeover of BSkyB should be put on ice while the police investigation is ongoing. The executive and non-executive directors have completely failed in their legal duty to tackle criminality in the company in question, and it must surely be in doubt, at least, whether some of them are fit and proper people to run a media company.
There are many other questions. Who is paying Glenn Mulcaire’s legal fees now? Is News International paying them? Was Clive Goodman paid off handsomely when he came out of prison? What did Rebekah Wade, Andy Coulson and Les Hinton know, and when did they know it? Why has so much material suddenly appeared in News International’s archives? I do not want to be partisan but there is one remaining question: did the Prime Minister ever ask Andy Coulson what really went on at the News of the World before he appointed him to work, on the taxpayers’ bill, at No. 10 Downing street?
I hope that those who broke the law at the News of the World and those who covered it up will be brought to justice. I hope the Metropolitan police’s now tarnished reputation will be restored. I hope the victims, especially the ordinary members of the public who were targeted, will get justice as well. I hope we will all get to know the truth, but even more importantly than all of this, I hope that the British media, who for so long have had a worldwide renown for craftsmanship, for tough intelligence and for robust investigative journalism, will rediscover their true vocation: to bring the truth to light truthfully, honestly, and legally. None of that will happen until we establish the whole unvarnished truth, and that, I believe, needs a public inquiry, and it needs it now.
The Attorney-General (Mr Dominic Grieve)
First, may I congratulate the hon. Member for Rhondda (Chris Bryant) on having secured this debate and thank him, on behalf of the House and on my own behalf, for his courage in raising these matters today? I am absolutely sure that the whole House shares his anxiety, shock and concern about the allegations that have arisen over the last couple of days in relation to phone hacking, just as we share his concern over the past allegations of phone hacking and many of the other matters he raised in his powerful speech.
The suggestion that has now emerged that the phones of Milly Dowler and some of the victims of the 7 July bombings were hacked into must fill any right-thinking person with revulsion, but I hope the hon. Gentleman will forgive me for the fact that, by virtue of being a Minister of the Crown, I am of necessity rather more circumscribed in what I can say at this Dispatch Box than he is in initiating this debate. I must, of necessity, be quite brief, because many of the issues he raised are of a rather delicate nature in view of the fact that criminal investigations are taking place. I shall come back to that in a moment.
Phone hacking is a serious crime and, as the House will be aware, the courts have previously imposed custodial sentences in two cases where it has occurred. The current police investigation is following further evidence, and the most recent allegations, to which we have referred, are being considered as part of that investigation.
It is precisely because of the gravity of the allegations now being made that the Prime Minister announced only a short time ago that there would be a fully independent public inquiry, or set of inquiries, into these matters, but that must not jeopardise any criminal investigation. It is therefore likely that much of the work of the inquiry will be able to start only once the police investigation and any prosecutions that might result from it are concluded. I say that while being mindful of the comments that have been made in the debate that it may be possible to move forward in some areas but not in others. Nevertheless, the burning desire of many people to see finality in this matter and truth to be revealed may take some time because of that, as I am sure the House will appreciate.
In the meantime, however, the Government will do all they can to progress matters further, such as by consulting on appropriate terms of reference, the composition of an inquiry, and whether there should be one inquiry or more than one. The House must bear in mind the fact that there are some very different issues to be considered here. The hon. Gentleman has raised issues about the conduct of the police, for example, and there are also issues about the conduct of the media. There will therefore doubtless be questions as to whether the consideration of these issues can best be merged into one inquiry or should be addressed separately. I merely highlight that point. There is an intention for there to be proper consultation on how to proceed.
Hazel Blears (Salford and Eccles) (Lab)
The situation now appears to be that News International is investigating News International and the Metropolitan police are investigating the Metropolitan police. For public confidence, is there not a case to be made for at least some kind of independent supervision, perhaps by a different police force, into the Metropolitan police investigation, so that we can be satisfied that we really are getting to the heart of this matter? I have great confidence in the Met, but they will inevitably know some of the characters involved, so having another police force taking a view would be very helpful.
The Attorney-General
As the right hon. Lady knows, there are mechanisms for inquiries into the conduct of the police to be referred to the Independent Police Complaints Commission and for the IPCC to bring in outside police officers to investigate. As for the News of the World, how it wishes to co-operate with the police in their inquiries is entirely a matter for the News of the World itself. I would not therefore quite join her in saying that the News of the World is investigating itself. My understanding is that the News of the World has appointed independent counsel to try to provide—[Interruption.] No, I am sorry, but what the News of the World chooses to do is a matter for it.
The inquiry that is taking place is a criminal investigation conducted by the police into serious criminal allegations. The question as to how that is responded to by any organisation or individual is a matter for them. I draw neither assurance nor reassurance from the manner in which they choose to do it.
Helen Jones (Warrington North) (Lab)
The Guardian has alleged today that News International knew of the existence of e-mails detailing payments to the police some time ago. If that is the case, will the Attorney-General tell the House whether Mr Coulson was aware of the existence of those e-mails before he resigned as the Prime Minister’s spokesman? If so, did he consult the Prime Minister or any other Minister?
The Attorney-General
May I respectfully say to the hon. Lady that I am not sure that in my capacity as the Queens’s Attorney-General that is a question to which I would necessarily have the immediate answer? What I can say to her is that a series of criminal investigations are taking place, along with wider inquiry, and the Government are committed, as I have just indicated, to there being an inquiry into the matter. I am sorry to disappoint her but, in any event, I do not think that this is a question that I am in a position to answer.
Kevin Brennan (Cardiff West) (Lab)
As a former competition Minister, may I ask the Attorney-General whether, in his view, the Culture Secretary has the power, and always has had the power, to refer the News Corp takeover to the Competition Commission?
The Attorney-General
Well, may I say to the hon. Gentleman that my understanding—I checked this before the start of the debate—is that my right hon. Friend the Culture Secretary did refer the takeover to the Competition Commission?
The Secretary of State for Culture, Olympics, Media and Sport (Mr Jeremy Hunt)
I was minded to.
The Attorney-General
He was minded to. As a result of having done so, a series of assurances were provided, which satisfied him. Thereafter, I suggest that the hon. Gentleman refers that question to my right hon. Friend.
Helen Goodman (Bishop Auckland) (Lab)
Could the Attorney-General just tell the House from whom those assurances were received?
The Attorney-General
Those assurances were received from News International and were independently validated and referred to Ofcom. May I say to the hon. Member for Cardiff West (Kevin Brennan) that we have to have a little care here? The process by which such a takeover is done follows what is a quasi-judicial procedure, as he is aware. Therefore, in those circumstances, my right hon. Friend’s options in terms of what he had to do were quite severely circumscribed. If the hon. Gentleman feels that that was not properly conducted, I suggest that he raise that with my right hon. Friend directly.
Mr Straw
Would the Attorney-General not accept that now that the Secretary of State for Culture, Olympics, Media and Sport is in possession of information relating to the behaviour of News Corp which he could not possibly have been in possession of at the time he made his original decision, it must be open to him, as a matter of law, to reconsider his original decision and make the reference that is now sought?
The Attorney-General
My right hon. Friend is sitting next to me and I am sure he will have noted the comments that the right hon. Gentleman has made. He will therefore be in a position to respond to them, if he so wishes.
Mr Ivan Lewis (Bury South) (Lab)
The right hon. and learned Gentleman said, in the middle of a quasi-judicial process, that the assurances have satisfied the Culture Secretary, so why is he in the middle of a consultation process, where he is not meant to have made his mind up yet and is still meant to be open-minded about whether to refer this to the Competition Commission? If the assurances have satisfied him, the consultation is a mockery.
The Attorney-General
My right hon. Friend said that he was minded to accept the assurances. He is sitting next to me so he is in a position to note the strong views that the hon. Gentleman and the right hon. Member for Blackburn (Mr Straw) have expressed, and I have no doubt that there will be opportunities for him to respond in due course.
Nicholas Soames
The Prime Minister made reference, very correctly, in his answers at Prime Minister’s questions this afternoon to due process. It is clear that he was absolutely correct in making that point. Given that there is clear evidence of serious criminality on the part of some people at News International, would not due process also now include, in any event and without necessarily referring this to the Competition Commission, calling a pause pending further evidence?
The Attorney-General
My hon. Friend makes a perfectly reasonable point. I have no doubt that my right hon. Friend the Secretary of State will be in a position to note his comments and reflect carefully on whether the situation has changed in such a fashion. However, I come back to my original point, which was that Ministers of the Crown have to be rather careful about simply changing decisions on the hoof, in view of the fact that they are under legal obligations in respect of the way they take those decisions. With great respect to those who have intervened, whose interventions I am happy to field, the nub of this debate is phone hacking and not, at this stage, the takeover policies of the Government.
Sir Menzies Campbell
I believe that the Attorney-General is right when, as he has done so far, he confines the argument to the question of competition. But do not the Government, as the overall regulating authority, retain a discretion in relation to the management of this industry throughout the United Kingdom? Does not that discretion, for example, allow the Government to give consideration as to whether the directors of any company have been fulfilling their public obligations?
The Attorney-General
I have no doubt at all that my right hon. and learned Friend is correct in what he says, and those are matters that can be borne in mind by the Government in reviewing the process of this takeover bid and, indeed, the competition laws underlying it.
Keith Vaz
On the payment of police, which is now in the public domain as a result of the release of the e-mails last night, have there been any discussions between the Home Secretary and the Metropolitan Police Commissioner about this issue? Is everyone absolutely clear that the payment of police officers is a criminal offence?
The Attorney-General
I can assure the right hon. Gentleman that I think that nobody in this House, or anywhere else, is in any doubt that payments to police officers—unless they are payments made in relation to a police officer who may have some separate employment, as happens sometimes—in respect of their duties from some extraneous source is illegal. I await any Member of this House who might tell me about a circumstance to the contrary but, at the moment, I cannot think of one.
Dr Huppert
It is a pleasure to follow the Chair of the Select Committee on Home Affairs. Does the Attorney-General agree that there are real issues not only about poor behaviour by the media, but about public trust in the police? Does he also agree that we have to be sure that the police will investigate people regardless of how powerful they may be and what the consequences may be, and regardless of whether they have been taking illegal payments from them? That is a serious issue and it does need an inquiry.
The Attorney-General
If that situation were not occurring in this country, the rule of law would be undermined, so I can assure my hon. Friend that if there was any suggestion that differential rules were being applied because some people are powerful and some are weak, that would be a very serious matter.
Frank Dobson (Holborn and St Pancras) (Lab)
Drawing on his legal knowledge, will the Attorney-General confirm that were News International, with its record of the wrongdoing that it has admitted so far, to apply to run a minicab firm in London, it would not receive a licence? If these are not fit and proper people to run a minicab firm, how can they be a fit and proper outfit to take over a monopoly of a whole television channel?
The Attorney-General
As I am sure the right hon. Gentleman will be aware, the question of whether any organisation is a fit and proper person to own a broadcasting licence is a matter for Ofcom, and not the Secretary of State, under section 3 of the Broadcasting Act 1990. Indeed, the Secretary of State would not be allowed to get involved in that matter.
Oliver Heald (North East Hertfordshire) (Con)
On the previous occasions these matters were debated in the House, there were many concerns that constitutional issues and issues of privilege arose from the potential hacking of MPs’ telephones. Since that time, the Select Committee on Standards and Privileges has considered this issue and produced its 14th report. In framing the inquiries suggested today, would it be possible to take account of the recommendations of that report, which suggest some ways of clarifying this quite difficult situation?
The Attorney-General
My hon. Friend makes a very good point. I have no doubt that that factor, along with every single representation made by Members of this House on how they think the inquiry or inquiries should be conducted, can be taken into account.
Chris Bryant
The Attorney-General is absolutely right to say that it is not a matter for the Secretary of State but for Ofcom to decide whether somebody is a fit and proper person, but the whole point is that Ofcom can have no chance to do so unless there is a pause in the Secretary of State’s decision. We need a pause so that Ofcom can come to a conclusion at the end of the police investigation.
The Attorney-General
It is a matter that I am very happy to go away and check, but I think the hon. Gentleman might be mistaken. I think that in fact Ofcom could intervene at any stage if it were to conclude that somebody was not a fit and proper person to hold a broadcasting licence. As these matters can be complex and I would not wish in any way to mislead the House, I would be happy to go away and check that point and to write to the hon. Gentleman about it.
Mr John Whittingdale (Maldon) (Con)
I can confirm that I spoke to the chief executive of Ofcom yesterday, who told me that Ofcom has the power to intervene at any stage if it determines that somebody is no longer a fit and proper person to own a media organisation.
The Attorney-General
I am grateful to my hon. Friend and that confirms what I already thought. Of course, that will not prevent me from going away and triple-checking the matter before I write to the hon. Member for Rhondda about it.
I am conscious that I ought to make progress and I want to allow time for debate. Because of my rather limited ability to comment on many of the allegations made, I was going to remind the House of some of the history of this matter. The House will be aware that these problems originated in November 2005 when the Metropolitan police were contacted by the royal household with concerns that voicemails relating to members of the royal family had been intercepted—
The Attorney-General
The hon. Gentleman says from a sedentary position that he knows all this. He might know all of it, but it is worth reminding the House of some of the salient facts of the inquiry if we are to have an informed debate. I apologise to him if he feels that it is otiose.
In those circumstances, the arrests of Glenn Mulcaire and Clive Goodman took place in August 2006 for unlawful interception of phone messages. Searching Mulcaire’s business premises, police uncovered further evidence of interception relating to a number of other individuals not related to the royal household. As the hon. Member for Rhondda, if not the House, will be aware, Mulcaire and Goodman pleaded guilty— Goodman only to the charges relating to the royal family and Mulcaire to five further counts relating to individuals in the public eye—and were sentenced in January 2007 to four months and six months in prison respectively. It is worth bearing in mind that although I know of the hon. Gentleman’s interest in the matter, after January 2007 matters remained essentially quiet until July 2009, when the media reported fresh allegations relating to further cases of phone hacking.
The Crown Prosecution Service reviewed the material provided to it by the police in order to satisfy itself that appropriate actions had been taken in respect of the material. The CPS was satisfied that the prosecution approach to charging and prosecution was proper and that it would not be appropriate to reopen the cases against Mr Goodman and Mr Mulcaire. It also concluded that any new information should be reported to the police for further investigation.
Mr David Hanson (Delyn) (Lab)
It has been reported in the news this afternoon that the former Director of Public Prosecutions, the noble Lord Macdonald, has been appointed by News International to advise it on its dealings with the police at this time. Does the Attorney-General think that that is appropriate, and has he any thoughts from the Government on that development?
The Attorney-General
As I am not sure that what the right hon. Gentleman says is correct, I am not minded to comment on it. My understanding of the matter was that Lord Macdonald had been appointed by News of the World to help with the disclosure process to the police. That is a matter for Lord Macdonald in accordance with the professional code of conduct of the Bar. [Interruption.] I can assure the House that I do not think the notes I have just received are necessarily of particular help to me in answering the right hon. Gentleman’s question. He raises a perfectly legitimate point, but without knowing—which I do not—the circumstances in which Lord Macdonald might or might not be involved with advising News of the World in this matter, I do not think it is appropriate for me to comment further.
Mr Hanson
Will the Attorney-General give me an assurance that he will look into this matter when he leaves the Chamber today? I, as the then Police Minister, made comments in good faith on 14 July of that year about the DPP’s approach to the case. It is important that there should be clarity on all issues when we consider such matters.
The Attorney-General
I entirely agree with what the right hon. Gentleman says and I am happy to go away and consider it. As I have said, a lawyer’s involvement in any matter must ultimately be reconciled with the professional code of conduct and the question of whether any conflict of interest exists. Beyond that, I shall write to the right hon. Gentleman when I have had an opportunity to consider the matter.
Before we were diverted by the subject of Lord Macdonald, I was mentioning the fact that the media reported fresh allegations in 2009. In November 2010, the Metropolitan police approached the CPS for advice about the prospects of bringing further charges. Owing to the non-co-operation of witnesses and the lack of further evidence, however, criminal charges could not be brought. The Metropolitan police asked the News of the World for any new material in January of this year.
Following developments in the civil courts, the CPS then agreed to review everything the Metropolitan police have in their possession to ascertain whether there was any material that could form evidence in any future criminal prosecution for phone hacking. On 26 January this year, in view of the seriousness of the allegations and the fresh information that had come to light, the Metropolitan police announced a new investigation. That investigation, Operation Weeting, is led by Deputy Assistant Commissioner Sue Akers of the specialist crime directorate, which is an entirely different unit within the Metropolitan police from that which carried out the original investigation in 2006.
The Metropolitan police now have 45 experienced police officers working on the case, which illustrates how seriously they are taking this new investigation. It is precisely because of the new investigation that new information is progressively coming to light that is the subject on which the debate requested by the hon. Member for Rhondda has been based. As the Prime Minister has said, the police must be allowed to pursue their criminal investigation in the most vigorous way they can to get to the truth. I simply say to the House that that is one reason why Ministers will not be making pronouncements in detail on some of the matters that the hon. Member for Rhondda has raised.
It is right to point out, as the hon. Gentleman has done, that quite a large number of inquiries have been taking place. We have a CPS review, we have the police pursuing their investigations, we have had a number of activities by the Select Committee on Standards and Privileges and we have also had work done by the Select Committee on Culture, Media and Sport. I hope that the House may derive from all that some reassurance that the issues surrounding these allegations are being taken very seriously. I take them very seriously and it is essential that no stone should be left unturned in ensuring that anyone who is guilty of any criminal offence is brought to justice and that the public are provided, at the end of day, with the truth about has happened and about the lessons needed to ensure that there is no repetition in future.
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
May I ask the Attorney-General a simple question? Why did it take so long for these issues to be taken seriously?
The Attorney-General
May I make a couple of remarks? This Government have been in office since May 2010 and these matters clearly originated some time prior to that. Moreover, I simply point out that the issues reviving in the way they have date back to just before Christmas. The world is not a perfect place, but I note the rather fair comment that the hon. Member for Rhondda made in opening the debate. The House may need to be judgmental about itself in a number of ways, but I rather doubt that it should be selective in how it passes those judgments. In those circumstances, I am satisfied that the Government have acted properly in the past few months in responding to the way this story has developed. I am also satisfied, and I hope the House is satisfied, that the Prime Minister has responded properly to the latest allegations that have emerged today.
Helen Jones
The Attorney-General is telling the House that we must await the outcome of the inquiries into these allegations, and I absolutely accept that, but if that is the case why are the Government going ahead with allowing News Corp to take over BSkyB when there are allegations of serious wrongdoing and criminality against it? Surely the Government should wait for the outcome of the inquiries before they proceed.
The Attorney-General
At the risk of repeating what I said earlier, the takeover process is a legal one and my right hon. Friend the Secretary of State for Culture, Olympics, Media and Sport will, I have no doubt, receive legal advice about the proper way to conduct that process. I also have no doubt that he is listening and will listen to the representations being made today and the anxieties being expressed on the matter. Beyond that it would not be proper for me to go.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The hon. Member for Maldon (Mr Whittingdale) said that Ofcom can intervene at any point with regard to the fit-and-proper-person test, but will the Attorney-General give guidance on whether, in applying that test, Ofcom should take into account the ongoing allegations about phone hacking? If it cannot take those allegations into account, will he give guidance on how it should regard the phone hacking issue?
The Attorney-General
If Ofcom’s role is entirely independent of Government, I do not think I am the person who should provide it with my opinion on the matter, or the notion of independence is going to be rather lost.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
Will the Attorney-General give way?
The Attorney-General
Yes, of course I will give way to the right hon. Gentleman.
Sir Gerald Kaufman
The Attorney-General says that the Secretary of State for Culture, Olympics, Media and Sport will no doubt receive legal advice, but does he agree that his right hon. Friend is not bound by that legal advice and that as the Secretary of State he has the right, in his quasi-judicial position, to make his own decisions? There is a book about this if the Attorney-General wants to read it.
The Attorney-General
I am sure that my right hon. Friend the Secretary of State is very well advised and will note the right hon. Gentleman’s comments. In order to be equal in my approach, I now give way to the hon. Member for Birmingham, Yardley (John Hemming).
John Hemming
In the interests of preventing this from happening again, I should like to know whether the Attorney-General shares my concern that the editors code contains no demand for people to know the basis on which information that has been bought has been obtained or to ensure that it has not been obtained through criminal acts.
The Attorney-General
The hon. Gentleman raises an interesting point that can no doubt be looked at by editors and by the Press Complaints Commission.
I wish to conclude simply by saying that these allegations are very grave. In my role as Attorney-General, I have the rather curious title of “guardian of the public interest”, and I have absolutely no doubt that the public interest will be served only if these matters are fully inquired into and if those who have committed or are alleged to have committed criminal offences and are seen to have a prima facie case against them are brought to justice. That will require some forbearance on the part of the House in its desire to see a conclusion to this matter and I ask the House to bear that in mind. With that, I simply reiterate my thanks to the hon. Member for Rhondda for the manner in which he presented the debate.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I congratulate my hon. Friend the Member for Rhondda (Chris Bryant) on securing today’s very serious debate and on his forensic analysis of the problems and the work that he and others in Parliament have done to pursue this issue with vigour. The whole House will want to pay tribute to their work and determination.
The events of the past few days have sent shockwaves across the nation. With every hour that passes we hear more deeply disturbing allegations such as the claims that private investigators paid by the News of the World hacked into the phone of the missing 13-year-old Milly Dowler and erased some of her messages in the search for a story, thereby giving her parents false hope. There are also claims that other bereaved parents, including the Chapman family, Sara Payne and Graham Foulkes, were similarly targeted. We will not know the truth behind each of those allegations until the criminal investigation is complete, and of course we in this House must not prejudice the investigations or any potential trials that must take place, but we can say, very loudly and clearly, that the very idea of targeting victims and their families in their darkest hour is shameful, sickening and cruel.
This is not just about invasion of privacy: it is about the violation of victims and their families at a time when we know that there are doubts about the way in which our society and our justice system more widely treat victims and their families. That is why people across the country are rightly angry and want answers. For a start, this means that the current Met criminal investigation needs to be forensic and furious in the pursuit of truth. People want to know the truth about what happened. They want to know how it could have been allowed to happen in modern newspapers and stay hidden for so long. They want to know how this could have been tolerated and how people could have turned a blind eye. They want to know whether journalists interfered with or put at risk criminal investigations, how victims and their families could ever have been so appallingly treated and, of course, why these allegations were not sufficiently investigated at an earlier stage.
Nicholas Soames
May I make to the right hon. Lady the same point as I made to the hon. Member for Rhondda (Chris Bryant)? The 2006 report of the Information Commissioner was quite clearly a harbinger of what was going on, but no one in the Government—or, indeed, in the House—appeared to pay any attention to it. Surely, the lesson is that this rot has been in the system for a very long time, and it is terrible that the House did nothing about it.
Yvette Cooper
The hon. Gentleman is right to say those words to all Members of the House, and to all members of this and former Governments, too. I have talked to Opposition Members, who have made it clear that the inquiry for which we are calling must look at all historical issues. He is right that there were warning signs. As I did at the beginning of my speech, I pay tribute to the fact that some parliamentarians picked this up, but we all need to look at what is happening and why too many people turned a blind eye to the problem, or did not focus on the sheer horror of what was happening for too long.
Let us be clear about the current criminal investigation. We have seen some vigour and rigour in recent months, which must continue, as the investigation needs to look into the heart of the darkness. Where criminal activity has been committed, it must pursue robust prosecutions and deliver justice too. We must not jeopardise those investigations with what we say in this debate or with the details of any inquiry. It is for the police and the courts to determine the veracity of the allegations, but it is for Parliament to make sure that they can do so, that they are doing so, and to address the wider issues.
Gloria De Piero (Ashfield) (Lab)
Now that we know that members of the public have been targeted, does my right hon. Friend agree that it is essential that they receive special support? If they require legal aid, the Lord Chancellor should ensure that they receive it.
Yvette Cooper
My hon. Friend makes an important point, because many people who might be troubled might not be in the position of some individuals who have pursued civil actions to seek legal advice. It is important that that is looked at urgently, both by the Ministry of Justice and by the Attorney-General.
We need to know urgently whether the actions of journalists and private investigators have interfered with police investigations, not just in the cases of Milly Dowler and of Daniel Morgan but in other cases, too. Alongside the Met inquiry, in advance of the wider public inquiry, we ask the Attorney-General, the CPS and chief constables to review other high-profile cases across the country that have provoked media attention. It is important that people are reassured that those investigations have not been interfered with, or are told whether further criminal investigations need to take place in a wider range of cases than those that are being pursued by the Met.
Hazel Blears
I shall put the same point to my right hon. Friend as I put to the Attorney-General. The Met is investigating previous unsatisfactory investigations by the Metropolitan police, so, despite our confidence in the investigators, does she agree that if the public are to share our confidence independent police forces should perhaps supervise some of the investigations?
Yvette Cooper
I want to come on to the police investigation. The investigation to which the Attorney-General referred is not looking at what happened in the first investigation—it is pursuing criminal investigations. My right hon. Friend is absolutely right that there is a further question about what happened in that first investigation, and who needs to look at that and undertake a searching inquiry into the nature of the problems that arose. There is a role, for example, for the Independent Police Complaints Commission to make sure that there is a proper, independent investigation.
Members on both sides of the House agree that there are wider issues at stake and that there is a case for a full public inquiry. There are wider questions about the culture that could allow the alleged events at the News of the World to take place and to be tolerated; about wider media practices and ethical conduct; and about the effectiveness of the current Press Complaints Commission arrangements. Members on both sides of the House have a responsibility to safeguard the right of our media to report freely on all aspects of society, to hold Members of Parliament to account, and to scrutinise in detail the work that we do in the public interest. The vast majority of journalists and editors are committed to maintaining the highest ethical standards, but, as my hon. Friend the Member for Bury South (Mr Lewis) said, alongside freedom comes responsibility.
Press self-regulation is important, but the press must make it work. In January, the editor of the Financial Times accused the Press Complaints Commission of being
“supine at best in its response to the hacking scandal.”
The PCC’s record on investigating phone hacking has indeed been one of failure.
Greg Mulholland (Leeds North West) (LD)
The right hon. Lady is quite right—a free press is the cornerstone of democracy, but democracy relies on the press being accountable. The system of regulation has failed utterly. Is it not time for a new one, and will she support that proposal?
Yvette Cooper
That was the point I was making. The existing PCC arrangements have not delivered. The press should try to make self-regulation work, and that issue should be dealt with as part of the inquiry, because it is important to restore public confidence across the country in the way in which the media operate, in their independence and in their trustworthiness.
There are questions, too, for the police. The Metropolitan Police Commissioner Sir Paul Stephenson stated yesterday:
“It is inevitable...that questions will be asked about the parameters of the original investigation but also more widely about the regulatory role of the Press Complaints Commission and others.”
He is right, and there are three questions to answer. First, were payments made by the media to individual officers—which is clearly illegal and corrupt? Secondly, was there a wider relationship between the newspapers and police? Thirdly, why did the first investigation not reach the truth and uncover what was happening?
I spoke to the commissioner today. He told me that he believes that a public inquiry is not only inevitable but it is the right thing to do. He said that the police should be held to account. It is important for the inquiry to cover those issues. Ministers should reflect on the specialist role that police officers, the IPCC and Her Majesty’s inspectorate of constabulary will play in ensuring a proper investigation.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
Did the Metropolitan Police Commissioner indicate whether he had made a referral to the IPCC, or has that not happened yet?
Yvette Cooper
As I understand it from my conversation with the commissioner this morning, the Met has indeed made a referral to the IPCC about the allegations that police officers received payments. That has been discussed with the IPCC, whose conclusion—again, as I understand it from my conversation this morning—is that the current investigation by the Met should continue, but it is keeping that under review. It is important that we have that independent investigation. There is a wider question about safeguards in the system on which we will want to reflect, given that individual investigations may go awry or may not reach the conclusions that they need to reach. I do not think that that role will be fulfilled by the police and crime commissioners proposed by the Government, because that would create greater risks in such cases in future.
The police do vital and excellent work, solving crimes, bringing offenders to justice, and supporting families of murder victims and others. It is important that that work is not undermined or discredited as the result of any lack of transparency over the phone-hacking revelations. We must recognise that any areas where things have gone wrong must be put right.
Before turning to the case for the public inquiry and what it should consider, may I respond briefly to the points made by the Attorney-General about whether a referral should be made to the Competition Commission? He will know that we have continually called for such a referral, as we believe that it is the right thing to do. I hope that the Secretary of State for Culture, Olympics, Media and Sport, who is in the Chamber, and the Attorney-General will reflect carefully on the points that have been made by Members on both sides of the House about the flexibility within the law to look at the issue again, and recognise the importance of the need, for which we have argued from the beginning, for referral to the Competition Commission. I would simply say that judgments must be fair, but it is also important that they are seen to be fair and that the public have confidence in them.
The Prime Minister agreed today that there should be an inquiry or inquiries into these issues. At the end of the Attorney-General’s speech, he referred to a number of inquiries that were already under way and tried to give us some assurance that that meant that these matters were being taken seriously. He knows, however, that the number of inquiries that have taken place or are taking place now gives no such reassurance. Quite the opposite is true because so many inquiries have not got to the truth in the past. Whether those were inquiries by the PCC or by parliamentary Committees, they were not able to get to the bottom of the truth about what had been happening.
The Attorney-General
I understand the right hon. Lady’s point, but I think she slightly misunderstood the point I was making. I was referring not just to that, but to the Prime Minister’s statement today. There is a full appreciation, which has grown over time, that this is a serious issue—[Interruption.] Steps have been taken to try to deal with it. I have to say to the Leader of the Opposition that if his Government had been troubled when they were in office, they could have taken steps between 2006 and 2010 to do something about this. Throughout my comments today I avoided making any criticism of the way the previous Government acted, and I think his remarks from a sedentary position are entirely uncalled for.
Yvette Cooper
I respect the spirit in which the Attorney-General made his speech, but warn him against any complacency about the number of inquiries solving the issue. The key is whether the overall public inquiry that looks into the matter has sufficient powers and the right remit and can truly get to the heart of what has been happening.
Keith Vaz
My right hon. Friend is absolutely right. Although the Culture, Media and Sport Committee and the Home Affairs Committee have been conducting inquiries they, by their nature and the nature of the Select Committee system, monitor Departments. What is needed is an over-arching inquiry. I have discussed informally with the Chairman of the Culture, Media and Sport Committee the possibility of setting up a joint inquiry between our two Committees, but that will not be enough. There needs to be something that covers all bases dealing with this very important subject.
Yvette Cooper
My right hon. Friend is exactly right. His Committee has done some extremely important work in pursuing these issues and will, I know, continue to do so.
It is important that the inquiry has the power not only to compel witnesses, but to get to the heart of the information, get detailed answers and examine a range of interconnecting issues that are at stake. My right hon. Friend the Leader of the Opposition has set out some of the areas that we believe the inquiry must cover—for example, the unlawful practices, including phone hacking, that appear to have been prevalent in sections of the newspaper industry, the ethical conduct and standards of the industry, the nature of robust and credible regulation, and the relationship between the police and the newspaper industry.
We have asked the Government to decide now the nature and scope of the inquiry and to choose now who should take that forward to get the team established in place as soon as is practical, without waiting for criminal proceedings to be complete, as the Gibson inquiry has done. I welcomed the Government’s agreement that it is possible to consider whether elements can be examined in advance of the criminal investigation being completed. Nobody wants to put that criminal investigation at risk, but equally it seems at first sight that some elements could be investigated and explored at an earlier stage, rather than having to wait until the end of the process. We need to know which Minister will be in charge of those discussions and considerations.
Angela Smith (Penistone and Stocksbridge) (Lab)
Does my right hon. Friend agree that whatever happens in the next few days, including the potential resignation of the chief executive of News International, nothing can undermine the need for a public inquiry? We must have that inquiry, whatever happens.
Yvette Cooper
My hon. Friend is right, because of the wide ranging nature of the issue and the importance of restoring confidence. It is important that we know which Minister will be in charge of making those decisions and setting up the inquiry. We had assumed that it would be the Home Secretary or the Secretary of State for Culture, Media and Sport. There is clearly a question about whether the latter is able to do that alongside his other responsibilities on the wider issues in relation to the Competition Commission.
The Attorney-General needs to consider the Prime Minister’s role. The Prime Minister’s judgment has already been called into question by his appointment of Andy Coulson as his media adviser, despite the fact that there had long been allegations of illegal practices and wrongdoing at the News of the World on his watch. Today it is alleged that e-mails expose direct payments from the News of the World to the police that were known about by Andy Coulson. There are also claims circulating today that Andy Coulson was told about or knew about these e-mails and that this is why he resigned in January. If so, that is extremely serious.
The e-mails were passed to the Metropolitan police only on 20 June, even though the inquiry and the full co-operation of News International had supposedly started on 26 January. Was Andy Coulson aware of this, and did he tell the Prime Minister or anyone else in No. 10 about those e-mails? If he did, it would mean that the Prime Minister and members of the Government were aware of the information before the Metropolitan police. It is important that the Prime Minister provides some immediate answers in response to this question.
The Attorney-General and the Cabinet Secretary should advise whether the Prime Minister should now remove himself from any decision making about the public inquiry. It is clear that the conduct of one of the Prime Minister’s employees and colleagues is a substantive issue not just for the criminal investigation but for the wider inquiry. The inquiry needs to be impartial and to inspire confidence. It cannot be compromised by any perception of partiality in its establishment by the Ministers who are in charge of the decisions.
This inquiry is so important because it goes to the heart of our democracy and our society. The inquiry is not about a row between Parliament and the media, or Parliament and the police; quite the reverse. It is exactly because the media—the fourth estate— play such a vital role in our democracy that they must be accountable, with clear and ethical standards. It is exactly because independent, impartial policing is so essential to our democracy that the police must be accountable and transparent if things go wrong. It is the result of work in Parliament and by parliamentarians that we have secured the principle of a public inquiry now.
Parliament must press further, not just to seek truth, not just to restore the effectiveness and credibility of parts of the newspaper industry, not just to get justice, but to say on behalf of everyone in this country, “We will not stand for the shameful and cruel practices that we have seen. We will stand as a Parliament against these shocking practices. It is not the kind of country we want to be. We will stand on the side of those—especially the crime victims and their families—who should never have found themselves dragged into this terrible debate today. We must make sure this never happens again.”
Mr Speaker
Order. The seven-minute limit on Back-Bench speeches starts now.
Mr John Whittingdale (Maldon) (Con)
I rise to speak in the debate with considerable sadness. I am a passionate believer in the freedom of the press, but like other freedoms, that freedom must be exercised within the rule of law. Many of us here were appalled when we discovered, in the course of the expenses scandal, what a small number of Members of the House had done. They were rightly prosecuted and several have now gone to prison, but that scandal tainted all of us. The hon. Member for Rhondda (Chris Bryant) referred to the fact that journalists throughout the country are equally appalled at the revelations that have come out about the activities of some members of their profession, and they too feel that they have been tainted by them.
The latest revelations mark a low point in the saga of phone hacking, but I fear they do not mark the end point. There are likely to be further revelations still to come. The matter was first looked at by the Culture, Media and Sport Committee in early 2007, following the conviction of Clive Goodman and Glenn Mulcaire. At that time I asked the chairman of News International, Les Hinton:
“You carried out a full, rigorous internal inquiry, and you are absolutely convinced that Clive Goodman was the only person who knew what was going on?”
Mr Hinton replied:
“Yes, we have and believe he was the only person, but that investigation, under the new editor, continues.”
The Committee produced a report which stated:
“We note the assurances of the Chairman of News International that Mr Goodman was acting wholly without authorisation and that Mr Coulson had no knowledge of what was going on.”
In July 2009 The Guardian reported that News International had paid Gordon Taylor and two others more than £1 million because their phones had been hacked, which led the Committee to believe that we might have been misled. We therefore decided to reopen our inquiry. Early in those inquiries The Guardian produced two pieces of evidence: one was the so-called “for Neville” e-mail, which contained the transcripts of 35 voicemail messages between Gordon Taylor and his legal adviser; the other was a contract between Glenn Mulcaire, under a false name, and Greg Miskiw, a senior executive at the News of the World. We felt strongly that both pieces of evidence suggested that Clive Goodman was not the rogue reporter that we had been told about.
The Committee took evidence from Tom Crone, the legal manager of News Group Newspapers, Colin Myler, the editor of the News of the World, Stuart Kuttner, the newspaper’s managing editor, and Andy Coulson, its former editor. We asked whether Rebekah Brooks would appear before us, but she said she had had no involvement with the News of the World when the phone hacking was taking place, which was the case, as she was editor of The Sun at the time. We asked Neville Thurlbeck to appear but were told that doing so would reveal what he looked like, and so compromise his position as an investigative reporter. We asked that Ross Hindley, the junior reporter who had transcribed the voicemail intercepts, should appear, but were told that he could not come because he was in Peru. We were told that there had been a thorough investigation by outside solicitors and that no evidence had been unearthed to suggest that phone hacking had been any more widespread.
Paul Farrelly (Newcastle-under-Lyme) (Lab)
Does the hon. Gentleman agree that one important issue that a public inquiry will have to navigate is the fact that no one so far has been cross-examined in either a criminal or a civil court, as settlements have been reached in all the civil cases? Indeed, in the Gordon Taylor case the court ordered the files to be sealed, and Sienna Miller is the latest victim of phone hacking to settle. As a result, we have not yet got to the bottom of this.
Mr Whittingdale
I entirely agree with the hon. Gentleman—indeed, I can call him my hon. Friend, as a fellow member of the Select Committee. I think that an inquiry should be able to investigate any documents that are relevant to this matter.
During the Committee’s inquiry I again spoke with Mr Crone, the legal manager, and asked:
“As far as you know, no information regarding those other individuals ever reached the News of the World?”
He replied:
“I have seen no evidence of that.”
Mr Coulson said in evidence that during his editorship he
“never condoned the use of ’phone hacking and nor do I have any recollection of incidences where ’phone hacking took place. My instructions to the staff were clear: we did not use subterfuge of any kind unless there was a clear public interest in doing so; they were to work within the PCC Code at all times.”
The Committee stated in its report:
“Evidence we have seen makes it inconceivable that no-one else at the News of the World, bar Clive Goodman, knew about the phone-hacking…The newspaper’s enquiries were far from ‘full’ or ‘rigorous’, as we—and the PCC—had been assured. Throughout our inquiry, too, we have been struck by the collective amnesia afflicting witnesses from the News of the World.”
Since that time there have been a stream of revelations, and it has become increasingly clear that phone hacking was widespread and involved a large number of people. Most of that evidence, certainly in the early stages, came from the material seized by the police from Glenn Mulcaire, which they were required to divulge only when the civil cases came to court and they were asked to do so by the solicitors acting on behalf of the people bringing civil cases. The key point is that almost every piece of evidence we are now learning about has been in the possession of the police since 2006. That raises very serious questions about why it was not pursued, and why we were told repeatedly that the evidence did not exist, and why the police assured us that there was no evidence to suggest that the investigation should go any further.
All phone hacking is wrong and illegal, but there is no question but that the revelations that the phone of Milly Dowler was hacked, if that was the case, represent a new low, as do the subsequent revelations about the victims of the 7 July bombings and their families, and other murdered children. The truth of these matters is still not wholly clear and there is an ongoing police investigation, which nothing must be allowed to impede. We need to know whether the allegations are true—and if they are, who commissioned those phone hacks and who else knew about it.
There is a swirl of rumour about who might or might not have had their phones hacked, and there are also rumours about other newspapers. I must say that I suspect that, just as Clive Goodman was not a rogue reporter, so the News of the World was not a rogue newspaper. We need to get to the full facts. There needs to be a full inquiry, and the police, the Press Complaints Commission and the press as a whole need to be held to account.
Mr Tom Watson (West Bromwich East) (Lab)
News International’s decision to throw Andy Coulson to the wolves last night was an attempt to divert us from an even bigger wrong: that company was systematically, ruthlessly, and without conscience or morality, interfering with the phones of victims of murder, cruelly deceiving their families and impeding the search for justice. Glenn Mulcaire has accepted some share of responsibility for this moral sickness, but the editor in charge of him refuses to take responsibility. Indeed, far from accepting blame, she has—amazingly—put herself in charge of the investigation into the wrongdoing; the chief suspect has become the chief investigator.
Bob Stewart (Beckenham) (Con)
I, like many Members of the House, have run an organisation. Sometimes in organisations things go wrong and there are faults that might not be the fault of the person running it—but it is certainly their responsibility, and responsibility goes right to the top. Rebekah Brooks is responsible for what has happened. If she does not resign, the person above her should understand that it is his responsibility to—
Mr Speaker
Order. I respect the hon. Gentleman’s sincerity and integrity, but interventions must be brief from now on, as otherwise we will find it very difficult to make progress.
Mr Watson
I fully agree with the hon. Gentleman, and thank him for his brave contribution. I believe that Rebekah Brooks was not only responsible for wrongdoing, but knew about it. The evidence in the paper that she edited contradicts her statements that she knew nothing about unlawful behaviour. Take the edition that she edited on 14 April 2002, which reveals that the News of the World had information from Milly Dowler’s phone. In other words, they knew about the messages on her phone. They wrote that there was
“left a message on her voicemail after the 13-year-old vanished at 4pm on March 21. On march 27th, six days after Milly went missing in Walton-on-Thames, Surrey, the employment agency appears to have phoned her mobile.”
It was a central part of the paper’s story that it had evidence from a telephone—evidence that it could get only from breaking into that phone at the time. The story that Rebekah Brooks was far from the Dowler events is simply not believable when her own newspaper wrote about the information that it had gained from that phone.
I want to inform the House of further evidence that suggests that Rebekah Brooks knew of the unlawful tactics of the News of the World as early as 2002, despite all her denials yesterday.
Rebekah Brooks was present at a meeting with Scotland Yard when police officers pursuing a murder investigation provided her with evidence that her newspaper was interfering with the pursuit of justice. They gave her the name of another senior executive at News International, Alex Marunchak. At the meeting, which included Dick Fedorcio of the Metropolitan police, she was told that News of the World staff were guilty of interference and party to using unlawful means to attempt to discredit a police officer and his wife.
Rebekah Brooks was told of actions by people whom she paid to expose and discredit David Cook and his wife Jackie Haines, so that Mr Cook would be prevented from completing an investigation into a murder. News International was paying people to interfere with police officers and was doing so on behalf of known criminals. We know now that News International had entered the criminal underworld.
Rebekah Brooks cannot deny being present at that meeting when the actions of people whom she paid were exposed. She cannot deny now being warned that under her auspices unlawful tactics were used for the purpose of interfering with the pursuit of justice. She cannot deny that one of her staff, Alex Marunchak, was named and involved. She cannot deny either that she was told by the police that her own paper was using unlawful tactics, in that case to help one of her lawbreaking investigators. This, in my view, shows that her culpability goes beyond taking the blame as head of the organisation; it is about direct knowledge of unlawful behaviour. Was Mr Marunchak dismissed? No. He was promoted.
Steve Rotheram (Liverpool, Walton) (Lab)
Twenty-two years ago, my city warned anyone who would listen that scurrilous rags such as The Sun were out of control, after it printed blatant lies about the Hillsborough disaster. News International lied to the country in 1989, and it still seems to be lying to the country now. Does my hon. Friend agree that the Government should ensure that it does not take 22 years to put right this latest wrong?
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
My hon. Friend will be aware that there are people currently serving prison sentences in this country, none more so than Tommy Sheridan, the former MSP. That successful prosecution was based on evidence from Andrew Coulson, but it now seems that the jury did not get all the e-mails that were pertinent to the case. If that is true, surely the appropriate authorities should revisit the case and ask Mr Coulson whether that evidence and that information were withheld intentionally.
Mr Watson
I cannot answer my hon. Friend fully, because of the time restrictions. I will reveal more on the issue later in the week, except to say that I think the Sheridan trial was unsound and may need revisiting.
Families who trusted Rebekah Brooks when she said she felt their pain, families who have been cruelly let down by the intrusion into private grief and the callous exploitation of their suffering—anguished families, indeed—are now being tortured yet again by the knowledge that in the world of Rebekah Brooks no one can grieve in private, no one can cry their tears without surveillance, no one can talk to their friends without their private feelings becoming public property.
The whole board of News International is responsible for the company. Mr James Murdoch should be suspended from office while the police investigate what I believe is his personal authorisation to plan a cover-up of this scandal. Mr James Murdoch is the chairman. It is clear now that he personally, without board approval, authorised money to be paid by his company to silence people who had been hacked, and to cover up criminal behaviour within his organisation. That is nothing short of an attempt to pervert the course of justice.
There is now no escape for News International from the responsibility for systematically breaking the law, but there is also now no escape from the fact that it sought to pervert the course of justice.
I believe that the police should also ask Mr James Murdoch and Rebekah Brooks whether they know of the attempted destruction of data at the HCL storage facility in Chennai, India. Mr James Murdoch and Rebekah Brooks now have to accept their culpability, and they will have to face the full force of the law.
Their behaviour towards the most vulnerable, their knowledge of lawbreaking and their failure to act, their links with the criminal underworld and their attempt to cover up lawbreaking and to pay for people’s silence, tell the world all we need to know about their character—that they are not fit and proper persons to control any part of the media in this country.
Simon Hughes (Bermondsey and Old Southwark) (LD)
I was asked in 2006 to collaborate with the first police inquiry, because I had been one of the victims of hacking. I collaborated and gave evidence, and I was very pleased that it resulted in the conviction of two people for clearly illegal activity. I am collaborating currently with the police in their second inquiry, which is of course ranging much more widely.
I have said this in the House before, but I am clear that from the beginning the issue has not been principally about whether politicians, the royal family or celebrities have had their phones hacked, but about whether ordinary members of the public have had their privacy invaded by people much more powerful than them. It has been about people who have not had the opportunity to speak for themselves or to command the airwaves in return.
I thought it bad enough that families, friends and constituents had had their information picked over, and I know from experience that it severely affected the career and health of one friend, but we now realise that it was much worse than that, because it has been about not just ordinary members of the public doing ordinary jobs, but people at their most vulnerable and traumatised. They have been exploited purely in the interests of a media story, so I, like every Member, join in the expressions of revulsion by the Prime Minister, the Leader of the Opposition and all colleagues. It is the most unacceptable of behaviour.
Given the acceptance that there should be inquiries, we should make clear the questions that we need the public inquiries to answer. If there is a robbery, three sorts of people are involved: the people who are visibly involved; the people who commission the robbery and benefit from the proceeds, although we never see them; and the people who know all about the robbery but try to pretend that they do not.
The inquiries and the police investigations must go to all those people, because it is no good picking off the small guys, the guys who are pushed out to do the jobs, when the decisions have been clearly taken by the big guys—or in this case, the big girls. We need to ensure, therefore, that we encourage the police to be absolutely ruthless in investigating everything that may have happened, and to give our full support to the new commissioner and his team now carrying out the inquiry.
There is an obvious second set of questions. The Metropolitan police did not do a good job in 2006, and they probably did not start back in 2002, when the issues appear to have come to light. When the investigation took place into the murder of Stephen Lawrence, institutional racism was discovered in the Met police. I am not alleging that there is institutional corruption in the Met police, but it has been widely known for years that there has been regular corruption on such issues in the Met police and in other police forces.
The very fact that the Information Commissioner produced a report in 2006, instancing how often and in how many papers such practices were going on, makes it absolutely clear that there has been an endemic problem in policing, with payments involving the police and people acting illegally in order to get stories, and with collaboration outside the public gaze. That is why I do not think it would be appropriate for another police service to investigate the Met, although I heard what the right hon. Member for Salford and Eccles (Hazel Blears) said in her intervention. There has to be an inquiry that is absolutely free of the police service, and is led by somebody who is entirely independent. In my view, that person has to be a judge. The inquiry must have the power to call all evidence and to require people to attend and answer questions, and it must be completely fearless.
I accept the argument that it may be possible for an inquiry to begin now with activities that will not compromise the police investigation. I am also absolutely clear that the police must be allowed to get on and complete their investigation, produce the evidence and go to the Crown Prosecution Service, so that charges can be brought and prosecutions made.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
Does the right hon. Gentleman not accept that although the public investigative processes that he is describing are absolutely necessary, we have a body that has the professional competence and capacity to investigate police actions? It is right that the Metropolitan Police Commissioner has today referred certain matters to that body.
Simon Hughes
Yes, that body exists and I do not cavil at its independence. However, given the extent of the clear corruption in this case, the length of time over which these practices have continued and the huge public interest, it is logical to have the sort of inquiry that was held on the Stephen Lawrence case and others, which goes beyond the Independent Police Complaints Commission.
Margot James (Stourbridge) (Con)
Given what we have been told about the extent of the police and media connection, and about the way in which many stories appeared in the press with incredible speed the very next day, thanks to those tip-offs, does my right hon. Friend agree that the public will be satisfied with nothing less than what he is recommending?
Simon Hughes
I agree.
Another issue is the future of the companies involved and their interrelationship. I have no criticism of the way in which the Secretary of State for Culture, Olympics, Media and Sport has carried out his inquiries into competition in the British media industry. However, as the shadow Home Secretary and others have implied, there is a separate issue, which is about “fit and proper persons”. That is to do with the regulation of the media. Ofcom, the regulator, is based in my constituency. The rules are clear and I have checked them with Ofcom today. Under section 3(3) of the Broadcasting Act 1990, Ofcom
“shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and…shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence”.
Ofcom therefore has an ongoing duty to be satisfied that those at BSkyB are fit and proper persons to hold a broadcasting licence.
For the avoidance of doubt, I think it is appropriate for Ofcom to be formally requested to consider whether BSkyB is a company whose directors will be fit and proper people. As the local Member of Parliament for Ofcom, I intend to go through its door and make that request in person before the end of the week. It needs to know that this House, which owes the hon. Member for Rhondda (Chris Bryant) a great tribute for initiating this debate, wants that matter to be considered at the earliest possible opportunity.
Ofcom will, of course, not prejudge a criminal trial. It cannot come to a conclusion that somebody is guilty of an offence before they are found to be guilty. However, it has a statutory obligation to consider at any time who is appropriate to hold a broadcasting licence. The message from this House must be that we want it actively to consider that obligation. If it comes to the view that the future owners of BSkyB are inappropriate, it should rule accordingly, which would mean that the BSkyB merger could not go ahead.
Alan Johnson (Kingston upon Hull West and Hessle) (Lab)
I will not detain the House for long. I put my name down to speak because I believe that we need to persuade those on the Treasury Bench to have a public inquiry, and I wanted to give my perspective. The Attorney-General was his usual assured and eloquent self on that issue. He got into trouble on the two issues on which the Government have been wrong today. The Prime Minister was right to say that we would have public inquiries. He was right to put that in the plural, because we may need several inquiries. He was wrong to say that Rebekah Brooks should not resign—[Hon. Members: “He didn’t say that.”] No, he did not say that, but when Hansard is published tomorrow, people will be able to read between the lines. The Prime Minister is also wrong to go ahead with the takeover of BSkyB.
I am conscious of the points that the Attorney-General made. I was a Home Secretary in the previous Administration. In looking for a public inquiry, we have to explain to the House a little about the atmospherics when the previous Administration took decisions, and did not take decisions, relating to this case. I am conscious that of the four Home Secretaries between 2005 and 2010, I am the only one still in this House. I wish I could give an eloquent explanation of how brilliant I was as a Home Secretary that would give people an insight into why I did not act, but I cannot.
What I can say is that in July 2009, when the revelation was made about Gordon Taylor on the front page of The Guardian, we looked at the matter carefully. Like all good Secretaries of State, I got another Minister, my right hon. Friend the Member for Delyn (Mr Hanson), to answer the urgent question, while I did other things. There was not much that we could do beyond asking the Metropolitan Police Commissioner John Yates and others whether there was anything behind the story. The atmospherics—the public mood and the mood in Parliament—said that this was an obsession of one newspaper. While we are criticising the press, let us praise The Guardian for doggedly staying on this case, despite all the attempts to stop it. We might also mention The New York Times in dispatches. We were told that this was the obsession of one newspaper and a few Back-Benchers. I pay tribute to my hon. Friends the Members for Rhondda (Chris Bryant) and for West Bromwich East (Mr Watson) for continuing to be irritants on this issue.
What was the view in the Home Office at the time? We looked seriously at whether to have an independent review of the Metropolitan police investigation. The hon. Member for Maldon (Mr Whittingdale) is right that although lots of things have happened since 2006, everything takes us back to the original inquiry led by Andy Hayman in 2005-06. All the information that is emerging was there at that time. We thought about getting Her Majesty’s inspectorate of constabulary to do an independent investigation. Incidentally, I was told at the time that this matter was outside the IPCC’s remit. That might not be the case now. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) is right to ask if it has a role to play. There was a view that we should wait for the Director of Public Prosecutions to report. It was Keir Starmer by that point, I believe, not Ken Macdonald. The DPP said that, on the information given to him by the police—those were the precise words used—there was no cause for any further investigation. We were all swimming around wondering whether we were receiving the correct information.
I shall quote something that my right hon. Friend the Member for Delyn said in his written to statement to Parliament when he was Police Minister, after the fracas around the July 2009 incident. He stated:
“As mentioned in his statement on 9 July, Assistant Commissioner John Yates is ensuring that the Metropolitan Police Service has been diligent, reasonable and sensible, and taken all proper steps to ensure that where it has evidence that people have been the subject of any form of phone tapping (by Mr. Clive Goodman or Mr. Glen Mulcaire) or that there is any suspicion that they might have been; that they have been informed. The decision to inform individuals that they have been targeted for illegal interception of their phone communications is an operational matter for the police.”—[Official Report, 14 July 2009; Vol. 496, c. 11WS.]
Clear statements were being made to us. Ministers will know that if the Home Office called in an independent investigator—HMIC or the IPCC—it would cause serious concern, because politicians would be interfering in an operational matter. For all those reasons, even though I and my good friend the former Police Minister may find some of the questions awkward, I believe that a public inquiry is the right way to go.
I have huge regard for the work of the Metropolitan police, but was it being evasive, dishonest or lethargic? I think it is one of those three.
Alan Johnson
Or was it being all three? The hon. Member for Maldon used a vivid phrase about rolling away a huge stone and looking under it. I believe that there was a certain lethargy with so much else going on, and an attitude of “We’ve got two people banged up. Do we need to go any further into this?” Because of the diligence of Members of Parliament—Back Benchers, not Front Benchers—and of some parts of the press in refusing to give up, we can now roll away the stone. Although what we find underneath will be uncomfortable, it will be good for this House and for our society to do so.
Mr Speaker
Order. In view of the level of interest in the debate, I am reducing the time limit for Back-Bench speeches to five minutes from now. I would simply add that Members will want to help each other, and they might wish to exercise a degree of self-restraint in either taking or making interventions.
Oliver Heald (North East Hertfordshire) (Con)
May I start by picking up on a point that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) made? He said that celebrities and Members of Parliament having their phones hacked into was bad enough. However, whenever a child goes missing or there is a death in suspicious circumstances, people up and down the land and parents in particular feel a sense of dread and great concern. To think that the allegations that are coming out now relate to such incidents is truly shocking, and that sense of shock is felt right across the House.
When we last debated the matter on 9 September last year, concern was expressed about the position of Members of Parliament. The right hon. Gentleman made a speech, as did the hon. Member for Rhondda (Chris Bryant), who has been so dogged on the issue. The point they made was not that an MP is above anyone else, because of course they are not, but that we have ancient rights that are very important to democracy. We call them privilege, but they are really about having freedom of expression to come here and put our case for the people whom we represent without being impeded in that work. The fact that those rights might have been interfered with in the course of the scandal was why the issue was referred to the Committee on Standards and Privileges.
Of course, the Committee was in the position that my right hon. and learned Friend the Attorney-General described. We were not able to look into the detail of the allegations, because we did not want to prejudice what the police were doing any more than anybody else. However, we did look into the principle of how our rights are affected in the modern idiom. Our rights were put forward in 1688, I believe, in the Bill of Rights, which explained what we now call privilege. It was the following year, in 1689, that somebody started trying to interfere by intercepting our letters, so this is not a new problem.
However, the Committee considered whether we needed to do something to tackle the problem in the modern context. We came to the conclusion, first, that it was necessary for us to debate whether it is just parliamentary activities that should be covered by privilege, or whether it should also include constituency work. We also thought that there was now a case for a privileges Act that would set out what our privileges are and what they mean in the modern context.
I strongly support the setting up of inquiries, but let us not forget that it is important to tackle the issues set out in the Committee’s 14th report of this Session. I hope that it might be possible for the Government to bring forward a draft privileges Bill fairly soon, so that we can have important debates on a matter that affects the rights of the public in this country. They are perhaps misdescribed as privilege, because they are the rights of the people and are very important.
Keith Vaz (Leicester East) (Lab)
It is a pleasure to follow the hon. Member for North East Hertfordshire (Oliver Heald), who raised the important point about the use of privilege in dealing with these matters. I join others in congratulating my hon. Friends the Members for Rhondda (Chris Bryant) and for West Bromwich East (Mr Watson) on how they have pursued this campaign. The former Home Secretary, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), was right that this has been a Back Bencher-led campaign. What was good about what the Prime Minister, the Attorney-General and my right hon. Friend the shadow Home Secretary said is that now the Front Benchers are with the Bank Benchers in respect of trying to deal with this matter. I also pay tribute to the Chairman of the Select Committee on Culture, Media and Sport, the hon. Member for Maldon (Mr Whittingdale), and the work done by his Committee over the years.
The Select Committee on Home Affairs has conducted a separate inquiry, which has looked by and large at what the police have done. We conclude that inquiry on Tuesday, when our witnesses are Mr Andy Hayman, Sue Akers, the head of Operation Weeting, and Peter Clarke, who assisted Mr Hayman in the first inquiry. The Committee must be careful during its examination to ensure that we do not step on the substance of the police investigation, which is the one thing that we need to be concerned about in any public inquiry. I am in favour of a public inquiry, but it is important to frame the terms of reference in such a way that we do not impede the police investigation. That can be done—we are hoping to do it on Tuesday when we take evidence from the police officers concerned. Framing those terms of reference in that way will enable such a public inquiry to take place.
From the evidence that was given to the Culture, Media and Sport Committee, and the evidence that the Home Affairs Committee has received over the last few months, it is clear that much needs to be looked at. We have not really mentioned the mobile phone companies, but there was an interesting exchange between representatives of the big companies and members of the Home Affairs Committee. When we asked how those companies informed their clients that they had been hacked, we were told that there was no uniformity in their responses. Therefore, in my view, we need not wait until all the criminal matters have been dealt with before issuing guidance.
Similarly, the Attorney-General was very clear on the payment of police officers. I note from the exchange referred to by my hon. Friend the Member for Rhondda that when Mr Coulson gave evidence to the Culture, Media and Sport Committee, he did not actually know that it was illegal to pay police officers—he felt that it was acceptable when the code of conduct allowed it to happen.
Yesterday I wrote to previous witnesses to the Home Affairs Committee inquiry simply to ask them whether, before we conclude on Tuesday, they stand by the evidence that they gave—that includes letters to Rebekah Brooks and to Assistant Commissioner John Yates, who gave important evidence on the question of whether he could accept the legal guidance given by the Director of Public Prosecutions. When we have that public inquiry, I hope that we look at the legal advice given by the DPP to the first inquiry, and how that differed from the advice given to the second inquiry.
I am glad that there appears to be a consensus—an acknowledgement by the Prime Minister that an inquiry should be set up, following the demands of Back Benchers and indeed the Leader of the Opposition—but I caution the House to be careful in those terms of reference, so that we do not prejudice the Operation Weeting investigation. In that way, we can get to the bottom of things, and those who have committed criminal offences can be charged and convicted, without the excuse that the matter was discussed in Parliament, or that they appeared before a public inquiry, and that their prosecutions are therefore not valid.
Mr Dominic Raab (Esher and Walton) (Con)
I congratulate the hon. Member for Rhondda (Chris Bryant) on securing this debate. The Dowler family are my constituents, and yesterday I spoke to their solicitor. I should add as well that Sara Payne, the mother of Sarah, also lives in my constituency. Allegations of hacking have been made in relation to both families, and the House will understand that there is a deep sense of outrage in the community, which has already been conveyed to me, and across the country at large.
I know that the Dowler family are deeply disturbed by the revelations of hacking at the time of their daughter’s disappearance and that they would like a public inquiry to get to the bottom of the allegations. Given the emerging allegations over recent days, the case for that inquiry is now irresistible, so I was reassured that the Prime Minister confirmed to the House today that the question is now how, not if, we have that inquiry. The hacking of phones for journalistic, and ultimately commercial, gain in the midst of a police inquiry of this nature is utterly reprehensible and heartless. In fact, it is unforgiveable.
It is imperative that we get to the bottom of what went on in the Dowler case, related cases and the much wider question of journalistic practice and its relationship to the police, which perhaps is one of the graver underlying issues in the whole business. For my part, I think that we need the truth accumulated patiently, not quickly, and certainly not just media snippets. Equally, I have to say that the relish with which the revelations have been greeted by some seeking to take on the Murdoch empire or engaging in political pot-shots strikes me as opportunistic to say the least. I urge all Members to ensure that we do not lose sight of the serious matters before us. The No.1 priority must be to allow the police investigation the freedom to conduct its inquiries rigorously and meticulously.
The House may recall that the maximum sentence for unlawful interception of communications is two years in prison under the Regulation of Investigatory Powers Act 2000. I understand that, coincidently, that is the same sentence as for the offence of perverting the course of justice. I am sure that hon. Members across the House will want the law to be applied independently, with maximum vigour and with full force, which is why I hope that all Members will refrain from saying, under the cloak of privilege or otherwise, anything that could prejudice any criminal prosecution.
My understanding is that launching a full inquiry now, as some have called for, would either risk prejudicing the criminal investigation or force the inquiry to be suspended immediately or in relatively short order—at least before it can get to the heart of the matter—pending the outcome of the police investigation. I might be corrected, but I recall that that was the reason the Public Administration Committee, under the chairmanship of the then Member for Cannock Chase, suspended its inquiry into cash for honours. I also recall that similar grounds were put forward by the previous Government in resisting calls for a public inquiry into the shooting of Jean Charles de Menezes, as requested by his family—because it might have interfered with either the health and safety prosecution against the Metropolitan police or the Independent Police Complaints Commission investigation that was going on at the same time.
That said, I am doubtful whether the criminal investigations or subsequent prosecutions—if that is where they lead—could shed enough light on the bigger picture and wider practice of what went on at the News of the World and the other newspapers or on the questions about the police response to the allegations at the time, particularly in relation to the Dowler case. Nevertheless, I have no intention of prejudging or second-guessing the outcome of those criminal investigations. That would be irresponsible. Given the risks of conducting a full inquiry at the same time, it appears inevitable now that we will have to wait for the outcome of the police investigation before any independent inquiry can properly get to the heart of the matter, the core of the business. In addition to the assurances already given to the House by the Attorney-General, I hope that Ministers will undertake to return here at that juncture so that the matter can then be properly considered by the House. I join colleagues in expressing the House’s determination and resolve to ensure that we get full answers to every one of the very serious questions that have emerged in recent days and weeks.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
Let me start by congratulating and thanking my hon. Friend the Member for Rhondda (Chris Bryant), who has performed a great public service in the clear, precise and consistent way that he has pursued this issue, as has my hon. Friend the Member for West Bromwich East (Mr Watson). They have done us all a great favour, including this House.
The Attorney-General was right to tell the House that there are issues on which Ministers will say little in the short term. All the allegations need to be fully investigated and prosecutions should follow if the evidence substantiates them. We must do nothing in this House that would impede police investigations or the consequences being pursued. However, this issue goes far wider than that, as I am sure the Attorney-General would accept. It goes much wider than the faults or criminal activities of individuals, which is why a judicial or public inquiry needs to be established now. We need that assurance.
Ian Paisley (North Antrim) (DUP)
I appreciate the right hon. Gentleman’s giving way, especially as I have been subject to an investigation by the police in connection with this matter. I wonder whether he could outline for us who he thinks would be of sufficient calibre to carry out such an investigation. Would they be an international figure or someone from the United Kingdom?
Alun Michael
I do not have time to go into that adequately. What I would say is that we need a public inquiry with the capacity to get to the bottom of various issues. Therefore, it needs to be set up carefully and have appropriate powers, and not be the type of bureaucratic public inquiry that has sometimes got in the way of the truth emerging.
We have heard one of the investigators complaining about the relentless pressure of demands from the News of the World on investigators and journalists. I did not detect a great deal of sympathy in the House—I think I heard a bit of a groan, indicating a lack of sympathy—but pressure comes in two forms. One is the pressure to deliver—“You’re only as good as your next headline”—and the other is the general pressure of what is acceptable and expected in any profession, or the environment in which people do their work. It is important that both be addressed. At the heart of the matter are three issues. The first is the standard of journalism; and the second is the standard of governance in the press and the media. This could—indeed, should—be a watershed moment. In general, journalists want to be open and transparent and to do an honest job, but that is not easy all the time. I saw something of the power of the press pack as a young journalist in south Wales.
The Press Complaints Commission is well meaning but, frankly, it is a joke. The public and journalists deserve better. Its lack of influence and inability to change the environment or set standards lets down those who have earned a high reputation for themselves and for our better newspapers and media outlets. The Press Complaints Commission clearly has neither the will nor the capacity to change things, but we need to take care: statutory regulation of the press and media could endanger press independence, which would be a massive mistake. We need an independent body, but one that is robust and effective and has the powers to investigate and enforce. It would be a major step forward if such a body emerged from these events, as I hope will happen.
I am pleased that my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) told us that the Metropolitan Police Commissioner had referred the issue of possible payments to police officers to the Independent Police Complaints Commission, but the IPCC’s investigation needs to go a little wider. The Chair of the Select Committee on Culture, Media and Sport, the hon. Member for Maldon (Mr Whittingdale), pointed out that the information now coming into the public domain was in the possession of the police in 2006. I hope that the commissioner will refer that to the IPCC too. The Metropolitan police had also reported to Ministers. My right hon. Friends the Members for Delyn (Mr Hanson) and for Kingston upon Hull West and Hessle (Alan Johnson) had information on which they had to take their decisions, and so has the Select Committee on Home Affairs. Those issues relate to the conduct of the police and the activities of police officers and need to be looked at objectively. The IPCC should be asked to do that.
What the IPCC does should feed into the wider public inquiry; I do not think that the two are alternatives. The IPCC has the resources and the investigative capacities, and it has earned a reputation for being tough. It is therefore important that it should be able to ask the questions, “Did the police mislead Ministers and Parliament?”, “Did police receive money?”—that question has been referred to it already—and, “Did relationships distort investigations?” It is important that those questions should be forensically investigated as part of preparing the ground for the wider, transparent investigation that we need, as the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) said. I do not think that these are alternatives, but we need the forensic capacity of the IPPC to look into some of these issues.
The third issue is that we need clarity about the law. My right hon. Friend the Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Select Committee, rightly said that the Committee had identified confusion about what the law says. That confusion should not exist. I refer specifically to the fact that John Yates told us that there were only a small number of victims, based on what he said was legal advice that the police would have to prove that messages had been intercepted and also listened to before being heard by the recipient. However, Kier Starmer QC, the Director of Public Prosecutions, told us that that was not the advice given to detectives. Advice from prosecutors was at best provisional and did not limit the scope or extent of the criminal investigation—
Zac Goldsmith (Richmond Park) (Con)
I warmly congratulate the hon. Member for Rhondda (Chris Bryant) on securing this hugely important debate, which has already led to something of a breakthrough. The whole House should be grateful to him for his contribution.
I shall speak briefly but firmly in support of the motion. I was encouraged by the words of the Attorney-General earlier. This scandal has escalated dramatically. At first, it involved just the odd celebrity, and then a few members of their wider families. Then it emerged that members of staff employed by those celebrities had been hacked, some of whom lost their jobs because they were falsely accused of leaking information to the press. When absolutely pushed, the public said that they were uncomfortable with this news, but there was no outcry. That was because the many media commentators soothed them, saying, “It’s just celebrities. They know what they signed up for, and this is what it’s all about. It’s tittle-tattle.” We were told that the hacking was distasteful, but if we interfered with the press, we would never see any exposure of corruption, fraud or hypocrisy.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The hon. Gentleman has alluded to the continual drip, drip of further revelations. Given what has happened, does he agree that by this stage, anyone who has been hacked should at least be informed of that fact?
Zac Goldsmith
I agree with the hon. Gentleman 100%, and I suspect that everyone else does, too.
The revelations have continued, and in the past few days we have seen what appears to be almost a tsunami. We have heard the details involving the families of the tragic Soham girls, and the sickening details relating to Milly Dowler. I will not repeat them. We have also heard about the victims of 7/7. Those are all innocent people who never chose to be in the public limelight.
I suspect that, as the right hon. Member for Cardiff South and Penarth (Alun Michael) implied, this is the tip of the iceberg. We have no idea how big that iceberg is, which is why we need a full public inquiry. On its own, this scandal justifies such an inquiry. We have seen the abuse of position and power on an awesome scale. The blurred lines that we have allowed to exist for the press, to allow them to do what we need them to do, have been well and truly stretched. We have seen systemic abuse of almost unprecedented power. There is nothing noble in what those newspapers have been doing.
We cannot see this matter on its own, however, because the corporation has not acted on its own. Revelations last night, although they have yet to be proven, showed that a former editor provided authorisation for payments to the police. This demonstrates that the company was not acting on its own, and what can generously be described as a sloppy investigation by the police suggests that that collaboration ran very deep indeed. There can be few things more important to members of the public in this country than an ability to trust the police. Tragically, however, what began as a conspiracy theory is now looking less and less like a theory.
This does not even end with the police. As MPs, we depend on the media. We like to be liked by them; we need to be liked by them. We depend on the media, and that applies still more to Governments. It is an unavoidable observation that Parliament has behaved with extraordinary cowardice for many years, with a few very honourable exceptions, whom I shall identify. They are the hon. Members for Rhondda and for West Bromwich East (Mr Watson) in particular, but they are not alone. Collectively, however, we have turned a blind eye. It is only with this latest sordid twist, the shameful behaviour of the News of the World in relation to Milly Dowler and the subsequent outpouring of public rage, that Parliament has finally found its—what is the correct term?—backbone, and taken a stand. Well, it is better late than never.
Rupert Murdoch is clearly a very talented business man and possibly even a genius, but his organisation has grown too powerful and it has abused its power. It has systematically corrupted the police and, in my view, has gelded this Parliament, to our shame.
Zac Goldsmith
I am about to finish, so it would be fine if the hon. Lady would like to intervene now.
Sheila Gilmore
In the light of the hon. Gentleman’s comments, does he agree that the issues Members have raised on this topic over the last few months are relevant to the proposed BSkyB takeover so we should show our backbone on that issue, too?
Zac Goldsmith
I agree absolutely. It is not possible, as suggested earlier, to separate what we are talking about now from the proposed takeover. I think any separation would be entirely artificial. That deal needs to be put on hold by the Government until the dust has settled and we know where we stand. Anything less than that will be viewed as appalling by the public and will be met with a nod of disapproval. This is a crucial issue, so I hope to hear some more positive remarks about it in the wrap-up.
I have said what I came here to say and have only a few seconds left. This motion is hugely important. I am very grateful to the hon. Member for Rhondda for this breakthrough and I hope the House will provide him with the support he deserves in pursuing this incredibly important agenda.
Clive Efford (Eltham) (Lab)
The whole country is rightly shocked at the revelations of what has been going on in our media, but today is not the time to go into details about who said what or did what at what time. Our role is to secure a full and open public inquiry. I note the acceptance of that by the Government Front-Bench team, but the issue now is when. We need to secure the available evidence to do a thorough job of investigating the issue now. The inquiry needs to be set up while the police investigations continue.
This debate is about what kind of country we want to be. A free press is an essential part of our democracy. It challenges us, exposes our weaknesses, sometimes helps to get our message across and keeps people informed of the arguments to help them to form a balanced opinion. However, the press has developed as Parliament has developed and there is a symbiotic relationship between politics and journalism. The issues we are debating here today really go to the heart of what kind of nation we want to be in the future.
We need to understand that what we are debating today has to do with how we treat weak and vulnerable people or the bereaved, and whether we stand up for people when they are under pressure or being unfairly treated, or whether we become part of a baying mob, egged on by the likes of the News of the World, eager for a kill just for the sheer excitement of it and heedless of the consequences for the victims and of whether what we are witnessing amounts to justice.
I do not believe that people want to live in that sort of country or feel that we have become such a country. The public do not share the values of the media people who have effectively brought this debate to the Floor of the House today. They do not share the values of those who have invaded the lives of innocent victims and bereaved families when they are grieving and at their most vulnerable.
I was not brought up in a country that stood by while others suffered. I always believed that the post-war Britain I grew up in was a country that stood up for fairness and perhaps for those who were not as strong as ourselves. I thought the country was populated by a heroic generation that was justifiably proud of what it had endured through the second world war and of the freedoms that had been won—not just for themselves but for the whole world. That was achieved by ordinary people doing extraordinary things for the greater good of everyone. It is these ordinary people we are defending today.
Who are the people who believe that they can trample over the lives of ordinary people and use them for their own ends or their own advancement? Should we allow ourselves to be seduced into accepting that the things these people dictate to us, claiming they are in our interest, are acceptable and should be allowed to happen?
Clive Efford
I will not give way, if my hon. Friend does not mind.
I cannot go into the detail of specific cases, as others have done. What I will say, however—this is one of the points that I really wanted to make—is that I think there is a corporate responsibility. I applaud Ford for withdrawing its advertising from News Corporation. I also think that anyone who is not a fit and proper person to drive my old taxi should not be put in charge of a major news outlet.
Other organisations—Halifax, npower, T-Mobile and Orange—say that they are reconsidering their position, while Tesco and Virgin Media say that they will wait for the outcome of the police inquiry. That is not good enough. I say to people who may be purchasing goods from those organisations, or thinking of buying a new mobile phone, that they should not trade with companies that do not stand side by side with the ordinary person in the street who is outraged at what has gone on in News International.
Only if ordinary people make a stand will we stop these rich people—rich people who have invaded the lives of ordinary people in the street—making themselves even richer and even more powerful. Only by hurting them where it really matters—in their profits—will the ordinary person in the street influence their behaviour in the future.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. A great many Members still wish to speak. I am going to reduce the speaking time limit to four minutes, and if speakers show restraint, I may manage to get everyone in.
Mr Adrian Sanders (Torbay) (LD)
As we have heard, the phone hacking scandal has been examined twice by the Select Committee on Culture, Media and Sport, of which I am a member. Our report published in July 2007 examined the self-regulation—or lack of it—of the press, partly in the light of the Goodman-Mulcaire revelations. It was claimed that the practice had been a one-off, but, even then, there was serious concern that the problem might be more widespread and that more investigation was needed.
The Press Complaints Commission had appeared toothless, while reports from the Information Commissioner in 2006 had hinted that illegal activity of all sorts was taking place, driven by the desire of tabloid newspapers—not just News International—to print sensational stories. Revelations in 2009 and 2010 forced us to look at the matter again. There was news that phone companies had positively identified a large number of probable and definite victims, information that Scotland Yard had refused to release and about which it was coy to the point of dissembling. It was becoming clear that Scotland Yard itself had not been handling the inquiry satisfactorily and that only the pursuit of the case by other media outlets was forcing any progress at all.
As the House knows, our inquiry concluded that we had not been told the truth. Our report stated:
“We strongly condemn this behaviour which reinforces the widely held impression that the press generally regard themselves as unaccountable and that News International in particular has sought to conceal the truth about what really occurred.”
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
I do not know whether the hon. Gentleman heard yesterday’s interview on Radio 5 Live with my hon. Friend the Member for West Bromwich East (Mr Watson), in which Stephen Abell, the director of the Press Complaints Commission, refused to accept any responsibility whatsoever for the behaviour of the press. I promoted a debate in the House on the self-regulation of the press. Does the hon. Gentleman agree with me that now is the time for a root-and-branch review of the commission?
Mr Sanders
I did not hear that interview, but when one considers the Press Complaints Commission, the phrase “chocolate teapot”, or indeed the phrase “fishnet condom”, comes to mind.
Our 2007 inquiry had elicited a response from News International that it had carried out a full inquiry itself and was satisfied that the Mulcaire-Goodman case was isolated. That was patently untrue. Our second inquiry encountered more obstacles: Goodman and Mulcaire refused to present evidence, as did Rebekah Brooks. More worrying were the attitude and answers of Scotland Yard.
I return to the point that I made to the Prime Minister today. We cannot have confidence in an investigation by the Metropolitan police; we can have confidence only in a full judicial inquiry with a judge who can take witnesses under oath, ask questions under oath, seek papers, and subpoena witnesses to appear. We desperately need that inquiry. Clearly, where there are allegations of criminal acts or there is the potential for collusion between suspects and the police, a more rigorous investigation is required than, sadly, a Select Committee can offer. It is also clear that we need to extend the scope beyond News International. Operation Motorman highlighted that the Daily Mail was trading most prolifically in illicit personal information, while the Daily Mirror, when under the auspices of Piers Morgan, is suspected of using voicemail interception to reveal Sven-Goran Eriksson’s affair with Ulrika Jonsson. Given that there are questions over Scotland Yard’s handling of the current case, it is essential that its actions are reviewed independently and that future action against suspected phone hackers does not remain solely the domain of the Met.
When the Culture, Media and Sport Committee looked at the first investigation under Andy Hayman, it found that there was the air of Inspector Clouseau about it, but as the subsequent investigation under John Yates progressed one almost got the impression that something far more sinister was at work. The revelations to date show that the police must have known far more than they let on, and that there is considerable scope for them to have misled Members of the House on several occasions.
Finally, let me say that I am very grateful to the hon. Member for Rhondda (Chris Bryant) for ensuring that we can hold this debate, and the whole House should be grateful to him for that as well.
Paul Farrelly (Newcastle-under-Lyme) (Lab)
May I add that Mr Speaker has done a great service to Parliament and the many victims and their families by allowing today’s debate?
Three years have now passed since we who serve on the Culture, Media and Sport Committee started our inquiry into press standards, privacy and libel. We undertook that inquiry because of the treatment the tabloid press meted out to the McCann family, and it took such a long time because we had to reopen the investigation into phone hacking, not for political reasons but for the integrity of this House as it was clear that we had been misled by News International. Last year, we did not believe its follow-up evidence either, and subsequent events have proved us right. As many people have said, the latest events are likely to prove to be the tip of the iceberg of cynicism, double standards, cover-up and law breaking over a long period by a publication that clearly felt itself to be above the law.
Helen Goodman
My right hon. Friend the Member for Delyn (Mr Hanson) made the point that the former Director of Public Prosecutions has now been taken on as a silk for News International, and that is indeed the case. He was DPP when Glenn Mulcaire was prosecuted. The Attorney-General said that that was a matter for his professional ethics, but surely this should have gone through the Cabinet Office as he was a senior public servant?
Paul Farrelly
I entirely agree. The former DPP should be invited to examine not only his ethics and his conscience, but his record in this, because he is also culpable in the failure to get to the bottom of this affair.
Nothing should surprise us about the News of the World, but what did surprise us during our inquiry was the approach of the Metropolitan police and the evidence it gave to us. Our report was highly critical of the Met, but right up until the start of Operation Weeting in January there seemed to be a determination to limit the inquiry and close it down as quickly as possible. The concerns about that, and about the Metropolitan police’s links to a powerful Sunday tabloid, have long merited this independent inquiry that is going to be allowed today.
We must not lose sight of the fact that, despicable and unlawful as it is, phone hacking is just one clever ruse, and there is a further question any inquiry must address: was there a trade in information in return for payments or favours between the police and the News of the World that was not only unlawful or unethical, but was to the detriment of ordinary people—not just celebrities such as Sienna Miller, or politicians, but ordinary people who might be considered fair game by the News of the World, but whose well-being it is the police’s duty to protect? These questions alone constitute good grounds for an independent public inquiry.
Before the Prime Minister’s statement today, I was pondering whether we could rely on the News of the World, with its new spirit of thorough co-operation, to whistleblow on itself fully. I suggest the record rather suggests not. Indeed, following the publication of our report of February last year, News International chief executive Rebekah Brooks dismissed it, and News International issued a statement saying, with absolutely no hint of irony, that
“the reaction of the Committee to its failure to find any new evidence has been to make claims of ‘collective amnesia’, deliberate obfuscation and concealment of the truth.”
For good measure, it added, again with no irony, that
“certain members of this CMS Committee have repeatedly violated the public trust.”
Editor Colin Myler was more explicit. He singled out me and my hon. Friend the Member for West Bromwich East (Mr Watson) in a full-page editorial:
“We’ll take no lessons in standards”.
He continued:
“Sadly, the victims here are you, the public”.
That was very prescient of Mr Myler, but clearly not in the way he intended. That scathing, self-serving editorial ran to more than 1,100 words, whereas the eventual apology to victims in April this year ran to just 160 words. That would be comical if it were not so sad.
Much has been said about Rebekah Brooks, and I agree that her position is untenable. As for the editor of the News of the World—I will be charitable—Mr Myler has, by now, had so much wool pulled over his eyes that he clearly cannot find his own self-respect or his resignation; he is staying in post at the News of the World.
Could the Press Complaints Commission be trusted with an inquiry? Sadly, the answer is no. The PCC was lauded in that editorial, but this is how its chair, Baroness Buscombe, returned the compliment yesterday:
“There’s only so much we can do when people are lying to us.”
The PCC accepted none of our recommendations, including our suggestion for a new name—the press complaints and standards commission. The body commands little respect and it has a much-diminished chair. As for the police, Operation Weeting certainly seems to be more thorough, but beforehand there was little competition. It is time for a public inquiry, as my hon. Friend the Member for Rhondda (Chris Bryant) has suggested.
Following the latest revelations there has been much talk of a “tipping point” for the press, but we have been at tipping points many times before—for example, with the McCann family—and nothing has changed. Above all, for the better of decent journalism in this country, all newspaper proprietors, not just Rupert Murdoch, must look themselves in the mirror and ask, “Do I like what I see?” and, “Do I care to change it?”
Anna Soubry (Broxtowe) (Con)
Yesterday, I momentarily hesitated before rising to support the hon. Member for Rhondda (Chris Bryant), but only because I was unfamiliar with the procedure—I did know that he was doing the right thing. I, too, congratulate him, and not only on bringing this debate to this House. I congratulate him also because I believe that a consensus is forming across this House, and that is to be welcomed.
I thought also yesterday that our newspapers had sunk to the darkest moment in their history, given the revelations about the tapping of Milly Dowler’s phone. It is important that we get the language right; we are talking about the theft of evidence, the destruction of evidence, the impeding of the investigation into the disappearance of a child and, as it turned out, a murder investigation. I might have misheard the hon. Member for West Bromwich East (Mr Watson), but if I heard him correctly and he is right in what he was saying, all of that was known by the Metropolitan police back in 2002. For reasons that I cannot comprehend, no investigation was undertaken by the Metropolitan police at that time into what were undoubtedly extremely serious criminal offences. I am absolutely confident that this new inquiry will look into the dealings of the police, because the spotlight is rightly now not just on our newspapers; it is moving on to our police. What has been going on concerns me greatly.
Yesterday was also a bleak day for our newspapers, because we saw the Attorney-General prosecute two of them for contempt of court for their coverage of the arrest of a man in Bristol in relation to the murder of Jo Yeates. I wholeheartedly congratulate the Attorney-General on taking that prosecution, as it was a courageous move. The hon. Member for Rhondda talked about the need for politicians to be courageous and I absolutely agree. We must be not only courageous, but honest. I will be honest and say that I am not sure that I was as courageous as I should have been with my private Member’s Bill in February. That is because any politician treads exceptionally cautiously when they stand up in this place to criticise the press and ask for it to be curtailed. As the hon. Gentleman said, we know the possible consequences of making that sort of move.
Mr Robert Buckland (South Swindon) (Con)
Have not the words of Stanley Baldwin some 70 years ago, when he described the press as having
“power without responsibility, the prerogative of the harlot throughout the ages”
been brought to bear by this most grotesque example that we have discussed today?
Anna Soubry
I concur absolutely, and I am sure that that sentiment is echoed across the House.
Such is my concern—I have been persuaded by much of what I have heard today—that I think there must now be a pause in the consideration of the matter that has been referred to and will be determined by Ofcom. I urge the Secretary of State to consider whether we should pause things, given what has happened.
In the time remaining, I want to return to the subject of my private Member’s Bill. I am not sure whether it falls within the remit of the public inquiry, but I hope that the Government will consider changing the law. I believe that the press has lost the moral plot and I say that with a heavy heart because before I went back to the Bar I trained as a journalist and worked as one for many years. I am proud to be a member of the National Union of Journalists and I was mother of the chapel at Central in Nottingham. I look on my brothers and sisters at a national level with, frankly, despair. It is important to remind ourselves that small local papers are very different from national papers—
Anna Soubry
I cannot hear the hon. Gentleman’s sedentary intervention, which is probably a good thing.
In all seriousness, it is right and fair to say that all of us know from our considerable experience that local papers act properly and responsibly. We all enjoy a perfectly proper relationship with them—a relationship that has not been enjoyed between other politicians and national newspapers, which is a situation that must change.
It comes down to this: if people did not buy these newspapers, we would not have this problem. Too many people have an insatiable appetite for gossip, trivia, scandal and the scum of life and that is why we have found ourselves in this position. If people did not buy such papers—I hope that on Sunday the News of the World will get its real punishment through a complete and total slump in its sales—we would effectively see the sort of regulation and change that we all want. There must be a huge cultural shift not only in how we deal with newspapers but in how they conduct themselves. They should act in a much better and more responsible manner in future.
Mr Michael Meacher (Oldham West and Royton) (Lab)
I strongly support my hon. Friend the Member for Rhondda (Chris Bryant) and, of course, the demand for a public inquiry, but I want to argue that its remit should perhaps be a little wider than the immediate phone hacking affair.
The central question concerns the governance of News International, the present chief executive of which, Rebekah Brooks, says that it is “inconceivable” that she knew about phone hacking—[Laughter.] That was her word. A former News of the World journalist, Paul McMullan, said in effect that it was inconceivable that she did not know, however. The idea that she will stay on, effectively to investigate herself, is simply surreal.
It was News International that paid out large sums of hush money to cover up evidence of criminality within the organisation and that, according to the PCC, lied to the regulator, yet that is the company seeking the right to become the most powerful media company that this country has ever seen. Based on the evidence that is already known—never mind that which is still due to come out from the other 11,000 pages of Glen Mulcaire’s notes—I cannot see how the Secretary of State for Culture, Olympics, Media and Sport can let that go through. After today and after this week, almost the whole country will be behind that view.
There are wider questions. The first concerns the media plurality that the Secretary of State likes to pray in aid to explain how hemmed in he is by statute. The answer to that question is that, as formulated, the system is antique and obsolete when faced with a behemoth such as the Murdoch empire. The combination of News Corporation and BSkyB will be in a position to distort or bend competition through cross-promotion, price bundling, preventing rivals from advertising and other distortions in the advertising market. The fact is that none of those issues, which are crucial to the question of competitiveness, was even considered by the Secretary of State. That is the decisive reason why he should reconsider.
Mr Meacher
I would love to give way to my right hon. Friend, but I am under instructions not to give way.
In particular, the idea cooked up by News International that putting Sky News into a separate company somehow preserves media plurality is utterly spurious. Newco, the company that will run Sky News, will be dependent on News Corporation for 85% of its revenues and for access to the market, and the safeguards for editorial independence are weak and of the kind that News International has repeatedly undermined before. Neither Ofcom nor the Office of Fair Trading regards this arrangement as a sustainable solution, the two-week consultation period was clearly inadequate, and the arrangement puts far too much power in the hands of the Secretary of State rather than independent regulators. Those are all very strong reasons why the Secretary of State has to look at this again, after a pause, which the whole House is asking for.
Lastly, I want to say something about the Press Complaints Commission, which is surely one of the most ineffective performers in the regulatory landscape. It played absolutely no role whatever in uncovering the phone hacking revelations; indeed, it far too readily dismissed The Guardian’s original warnings nearly two years ago. I really do think that the PCC has been so poor that the public inquiry should look again at the future of self-regulation after so many cautions, including David Mellor’s warning 20 years ago—
Dr Thérèse Coffey (Suffolk Coastal) (Con)
First, let me apologise to hon. Members who might wonder why I have been called, given that I left the Chamber earlier. I went to see the Third Reading of my private Member’s Bill in the other place; unfortunately, there seemed to be a mini-debate on Lords reform first.
I absolutely share hon. Members’ feelings of being appalled at the revelations and allegations being made today. Of course I extend my sympathy to the victims, including Beverli Rhodes, a 7/7 survivor whom people might have heard on LBC this morning saying that she was concerned that her phone had been hacked.
There are several issues to discuss, but I am afraid I might break the somewhat cosy consensus that has developed so far. There is no question but that the police investigation has been shown to be unsatisfactory, as we have seen from previous reports of the Culture, Media and Sport Committee. However, there are some things we can do straight away. The whole business of dancing on the head of a pin regarding whether certain hacking is illegal could be dealt with by a simple change to clause 1 of the Regulation of Investigatory Powers Act 2000. I have confidence that Deputy Assistant Commissioner Akers will make some progress with Operation Weeting, but I also understand that it might be appropriate to bring in an external force to help with that.
The hon. Member for West Bromwich East (Mr Watson) has brought in some new allegations about News International today. I agree that News International has not helped itself with its drip-drip feed of information and, perhaps, casual approach to investigation internally. I do not know whether the actions were deliberate or whether there were simply people there who were out of control. What I do know is that News Corp did finally react, and has brought in people to do an investigation, which is the right thing to do alongside the police inquiry.
I believe that a witch hunt against Rebekah Brooks is being developed. I do not hold a candle for her—I met her once last year at a Conservative party conference and I am sure that she has been at Labour party conferences before—but I am worried about this aspect. This is not the time to hold back evidence, and I hope that my hon. Friends will present evidence rather than simply say that Rebekah Brooks was the editor at the time. Let me give the analogy of a sales director I know of from my previous commercial experience who was pressurising his sales people to keep up with their quotas and find new business. He was not aware that two people were indulging in what could be called illegal practices—basically, bribing people—and it is right that we found that out, but I am not saying it was right for that sales director to be told they personally had to resign.
Dr Coffey
I cannot give way, because I know that other people want to speak.
I also recognise that Operation Motorman and Operation Glade took place. Indeed, Rebekah Brooks herself was told that her phone might have been hacked and that the Home Office and the police also tapped her phone—[Hon. Members: “Ah!”] I am just saying that it happens to a number of people. What that reflects, as the Information Commissioner discussed in his report back in 2006, is that the problem was not unique to one news group. The multiple inquiries that we have, which I fully support, should look across the news industry, not solely at News International.
There is also a route within Parliament to address this. We have heard today about how Parliament did not react, but the Culture, Media and Sport Committee did. We also have an opportunity to address this issue through the privacy committee being set up to look at super-injunctions. We could extend its terms to address this, in addition to the public inquiry. Given the lack of confidence in previous Members of the House, perhaps it should have a majority of new Members.
Moving forward, I should like the police inquiry to be given as much resource as it needs to reach its conclusions very quickly. I want the public inquiries to be established and I should like the privacy committee to be enhanced. Finally, let me make one point about BSkyB. News International is not News Corp, Rebekah Brooks is not a director of News Corp or BSkyB, and I understand that she has no intention of ever being so.
Mr Pat McFadden (Wolverhampton South East) (Lab)
Some years ago I was a questioned as a witness in the investigation in the “cash for honours” allegations, because I am a former staff member at No. 10 Downing street. Those allegations may have harmed the Labour party’s capacity to raise money, because people did not want to go near our party in case their reputation was trashed in the media. The allegations may have harmed our ability to win elections, thus resulting in our being in opposition, rather than in government. The police investigation, however, came to nothing. There were no prosecutions, no charges and no case that the Crown Prosecution Service thought worthy of prosecution.
During those investigations thousands of e-mails and notes were investigated, and dozens of people were interviewed. Those who were questioned—and in some cases arrested, although never charged—often found themselves in the newspapers immediately, as the twists and turns of the investigation leaked out. People were taken from their beds in the early hours of the morning and appeared immediately all over the newspapers, even though they were innocent of any crime.
It is absolutely right that the police should be tireless in their pursuit of truth and that no obstacle should stand in their way, but it is impossible not to draw a contrast between the zeal with which that ultimately fruitless investigation was pursued and the investigation into hacking by the News of the World—particularly in view of the fact that, as we have heard from the hon. Member for Maldon (Mr Whittingdale), the Chair of the Select Committee on Culture, Media and Sport, most of the evidence that has emerged in recent days has been in the hands of the police since 2006. Why was the defence of one rogue operator believed for so long, as it has become clear that the practice was much more systematic? Why, after each new piece of information comes out, do we suddenly find that new e-mails are uncovered?
The affair focuses on the conduct of the News of the World and the victims of the practice of phone hacking, but the conduct of the newspaper—and perhaps of other newspapers that may be involved—is not the only question. Given the history of the issue, we must consider the question of who in this affair polices the police, and asks hard questions about the police investigation. That investigation may have been stepped up, but we need an inquiry to ask hard questions about the relationship between the police and the News of the World in particular—about payment for information and the trade in information and personal details. Whether it is an IPCC inquiry or the public inquiry for which we have called, those questions are part of the picture.
The Attorney-General rightly said that there must not be one law for the powerful and another for the non-powerful, but it is also true that there should not be one law for part of the powerful—the political world—and another law for another part of the powerful, which is the media world. All of us must be equal and subject to the law.
Tom Brake (Carshalton and Wallington) (LD)
Any newspaper or other media outlet that interferes by hacking or any other means into people’s phones, e-mails or post, and any newspaper that interferes with police investigations to maximise profits and concoct more salacious headlines, is acting despicably and illegally, and inflicts more pain on victims. Any claim that it is acting in the public interest, or that it is all down to a single rogue operator, will be treated with the derision and scorn that it deserves. That newspaper should expect the full force of the law to bear down on it, and it should feel the heat as consumers and advertisers vote with their feet. I am pleased that that is exactly what is beginning to happen.
It is difficult to believe that those illegal activities, given their scale and the specific nature of the information that was being supplied to a newspaper—which could not, in my view, have been obtained legally—were restricted to one private investigator or one newspaper. It is hard to understand why the original police inquiry was so truncated. For those reasons there is agreement in the House today on the need for a wide inquiry or inquiries headed by a judge. The inquiries should look at which media used those illegal techniques, what can be done to address what is clearly a widespread cultural problem within the industry, and what changes to the law might be required.
We also need to tackle the Met and examine what went wrong with the original inquiry, where it appears that not only was every stone not turned over, but a whole rockery was left in place. Were payments made? Were investigations hindered as a result of other unacceptable activities? Those are just some of the matters that the judge and the Home Secretary—if that is who sets the terms of reference—will want the inquiry to examine. We will need to establish a clear time scale and the costings for the inquiry.
There are many other aspects that I wanted to touch on, but time is short. We are faced with a scandal of expanding proportions, including hacking, allegations of interference in police investigations, and claims that payments have been made to officers. To restore faith and trust in the police and the media, we must lock up the guilty, establish a statutory inquiry, shine a cleansing light on the culture of the media and, if necessary, of the police, and implement the reforms necessary to ensure that the privacy of victims and citizens is never intruded on again. It is clear from today’s debate that this is the will of the House, and we are committed to making it happen.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
I extend my congratulations to my hon. Friend the Member for Rhondda (Chris Bryant) on securing this emergency debate, and on his longstanding and tireless campaign to bring these issues to light, alongside my hon. Friend the Member for West Bromwich East (Mr Watson).
There have been many thoughtful, powerful, comprehensive and brave contributions from Members in all parts of the House today, including from a number of the victims and alleged victims of the phone hacking scandal, and from several Chairs of Select Committees who have been involved in investigating the matter. It is clear that all Members of the House hold a common view that the ongoing criminal investigation into phone hacking activity must take priority.
It is important to be clear that we on the Opposition Benches would not support any course of action that could or would put the hard work of the police and investigators, or any future criminal prosecutions, at risk. Our priority and focus must be on ensuring that justice is secured for people who have been victims of that crime. In considering this issue, it is of course important to reiterate that the increasingly shocking and distressing revelations in this scandal should by no means result in all journalists and newspapers, whether national or local, being tarred with the same brush. The incredibly important role played by the tireless campaigning of The Guardian on the issue has been mentioned. The hon. Member for Broxtowe (Anna Soubry) paid tribute to the great work of local journalists too.
However, a criminal justice system that inspires public confidence and an independent, rigorously regulated media are two key planks of a functioning democracy, and it is clear that both of these have been damaged by this developing scandal. The allegations unfolding daily, and sometimes hourly, have thrown up many more issues than can be dealt with or resolved through criminal investigations and prosecutions alone. We are not alone in saying this. The Government should listen to the public and, as the shadow Home Secretary outlined earlier, the Metropolitan Police Commissioner himself. That is why we welcome the Prime Minister’s commitment today to hold a public inquiry, or inquiries, into the issues that have arisen as a result of this scandal.
Catherine McKinnell
I am afraid that I cannot, as time is very short.
As outlined earlier, given the potential conflicts of interest, we need reassurance about exactly what the Prime Minister’s role will be in this. I must also reference the widespread concerns expressed by Members across the House about News Corp’s takeover of BSkyB. I trust that the Attorney-General and the Culture Secretary will treat all these concerns with the seriousness they deserve and take action accordingly. Although the Attorney-General said that he was mindful of the comments that have been made during the course of the debate, we have not been reassured that positive steps to set up a full, independent, wide-ranging and transparent inquiry will be taken without delay.
Without jeopardising any criminal investigations or future prosecutions, the Government can begin the work of agreeing the nature and scope of the inquiry and who will take it forward before those criminal proceedings are complete. Criminal investigations into, and prosecutions for, phone hacking will certainly take months to reach a conclusion, and possibly years. If we are to start to rebuild the public’s confidence in our criminal justice system and the operation of our newspaper industry, the public and the victims of this dreadful crime need the reassurance of a public inquiry now.
The Minister for Immigration (Damian Green)
We have had an important and overwhelmingly thoughtful debate on a subject of deep significance not only to the House, but to a huge number of people across the country. Right hon. and hon. Members on both sides of the House have, as is perfectly reasonable, expressed their disgust and outrage at the latest allegations we have heard over the past few days.
To hack into the phone messages of victims of murder and terrorism and their families will strike all right-thinking people as completely beyond the pale. As the Prime Minister has made clear, and as the Attorney-General stated at the start of the debate, the Government share the shock of the House and the nation. Our thoughts are with the families of those affected by this latest cruel twist in what has been for many of them an horrific ordeal. The Dowler family have gone through more in the last few weeks and years than any family should ever have to go through. The same is true of the families of Holly Wells and Jessica Chapman. Now, as we approach the sixth anniversary of the 7/7 London bombings, we hear that the families of the victims of our worst ever terrorist attack might also have had their phones hacked. The timing is a particularly terrible irony, as the hon. Member for Rhondda (Chris Bryant) said at the outset of the debate.
I congratulate the hon. Gentleman on behalf of the whole House not only on obtaining the debate, but on fighting for so many years on the issue. I congratulate him also on striking exactly the right tone in the debate; it is a matter on which the House needs to move forward as one. I also agree with the shadow Home Secretary’s point that one of the institutions that need to look at how they operate in this regard is the House of Commons, which must decide how best to deal with such difficult matters that not only give rise to complex issues of public policy, but require personal bravery on the part of individual Members by putting themselves and their reputations on the line. She made that point and it is exactly right.
It is not just the rich and famous whose lives may have been affected—although they, too, have basic rights to privacy and fair dealings—but the families of those who have suffered pain beyond what any of us can imagine have had their lives intruded on. The hon. Member for West Bromwich East (Mr Watson), who also deserves congratulations, provided new and powerful evidence about some of the things that have gone on. My hon. Friend the Member for Maldon (Mr Whittingdale) made the particularly important point that, although much of the debate has inevitably concentrated on News International, the subject is much wider and relates to other press groups and newspapers as well.
I also praise the honesty of the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), the former Home Secretary, and the former Police Minister, the right hon. Member for Delyn (Mr Hanson), in revealing that some of the untruths and cover-ups that they might have had to deal with meant that they either took decisions that in retrospect they might wish they had not taken, or, indeed, actively said things that misled the House. It is important that everyone accepts the honest tone in which such revelations have been made. I congratulate also my hon. Friend the Member for Esher and Walton (Mr Raab), who made a powerful point about not endangering prosecutions.
Damian Green
I apologise, but I really do not have time.
Owing to the seriousness of the allegations and to the fresh information, the Metropolitan police service decided in January to open a new investigation, which many Members have mentioned. It is being led by Deputy Assistant Commissioner Sue Akers, and I should emphasise that it involves a completely separate unit in the Met from the one that carried out the original investigation in 2006. It is one of the largest ongoing police investigations, and it is precisely because of this new, thorough investigation that new evidence and information about what exactly went on is being obtained. The investigation has already led to five arrests, and it is entirely possible that there will be further arrests and, potentially, further prosecutions.
The Director of Public Prosecutions has announced that the Crown Prosecution Service will examine any evidence resulting from the Met investigation, and it has asked Alison Levitt QC, who has had no previous involvement in the case, to take a robust approach in deciding whether any prosecutions can be brought.
The Home Secretary spoke this morning to Sir Paul Stephenson, the Metropolitan Police Commissioner. He assured her that the current investigation is fully resourced and proceeding well; he told her that any allegations of inappropriate payments made to police officers by journalists is being fully and independently investigated in conjunction with the Independent Police Complaints Commission; and he assured the Home Secretary also that this matter will continue to be investigated through Operation Elveden, under the direction of Deputy Assistant Commissioner Sue Akers, in partnership with the Met’s directorate of professional standards.
Of course, a number of cases may go before the courts, so it is important that we do not prejudge or prejudice potential future prosecutions. We must allow the current police investigation to get to the bottom of these terrible allegations and to discover the truth, but it is clear that, in the light of the step change in the seriousness of the allegations, we must have a public inquiry or inquiries into these matters.
Estimates Day
(12 years, 10 months ago)
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Afghanistan and Pakistan
(12 years, 10 months ago)
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Richard Ottaway (Croydon South) (Con)
The British involvement in Afghanistan has been long and costly, and whether it has achieved its stated objectives is a moot point, but that does not imply that it was the wrong decision or that we should not be there.
In the aftermath of 9/11, it was essential to deny al-Qaeda a base to operate; the intervention was essential; and there was a United Nations-mandated coalition of the willing led by the United States, but as usual we were in close support. Following the general election, the coalition Government very much followed the Afghanistan policy of their predecessor, but two important changes did take place: first, the establishment of the National Security Council to co-ordinate Whitehall’s Afghan war effort; and, crucially, the publicly announced decision to set 2015 as the deadline for withdrawing British combat troops.
Both initiatives were welcome, although famously the National Security Council did not make the withdrawal decision. Nonetheless, the key policy objective in Afghanistan mirrors that of the Government’s predecessor: Afghanistan should not again become a place from where al-Qaeda and other extremists can attack the UK and British interests.
Achieving that objective is said to rely on four main goals: a more stable and secure Afghanistan; the conditions for withdrawal of UK combat troops by 2015; an Afghan-led political settlement that represents all Afghan people; and regional political and security co-operation that supports a stable Afghanistan. They were the right objectives then, and they are the right objectives today.
Some progress is being made on all those fronts. Increasingly, the Afghan army and security forces are taking over control of the districts, troops are beginning to withdraw and there is talk of a political-led settlement, all of which is of course welcome.
I just wonder whether we need to reassess the policy objectives. The Foreign Affairs Committee received evidence to suggest that the core foreign policy justification for the UK’s continued presence in Afghanistan—that it is in the interests of UK national security—may have been resolved some time ago. There is a big difference between the Taliban, who are locals who want their country back, and al-Qaeda, which is made up of hard-nosed international terrorists. Given the apparently limited strength of al-Qaeda in Afghanistan, its desire to continue to use Afghanistan as a base is questionable. The tracking down and shooting of Osama bin Laden adds weight to that argument.
When the Prime Minister appeared before the Liaison Committee, I asked if he was still receiving intelligence that al-Qaeda in Afghanistan remained a threat to UK national security. He confirmed that it did, and he said the same when I put a similar point to him this afternoon. I said that that poses a dilemma for Parliament. It seems that the justification for Britain’s most important policy initiative is based on an intelligence assessment that has not been subject to parliamentary scrutiny. The ghost of the Iraq war hangs over us. Under the circumstances, I suggest that the intelligence is shown to a committee of Privy Councillors or the Intelligence and Security Committee, which can report to the House on whether it agrees with the assessment.
In the meantime, the military campaign continues. The Taliban are being pushed back, and so they should be with the firepower ranged against them. However, I question whether they can be defeated militarily. The Foreign Affairs Committee has considerable doubts over whether the international security assistance force’s counter-insurgency campaign is succeeding. We question the fundamental assumption that success in Afghanistan can be achieved through a strategy of clear, hold and build. The Taliban are, at heart, Afghans who resent the presence of occupying forces. It is questionable whether the USA’s full military onslaught on the Taliban is necessary to deny al-Qaeda a place from which to operate. The key thrust of the Committee’s report is that we should encourage ISAF, and the United States in particular, to engage in a political reconciliation process. There is little support outside the United States for continuing the surge started by George Bush and continued by President Obama. The continued military pummelling of the Taliban is, in all certainty, counter-productive in achieving a political settlement.
The recent announcement by President Karzai that the United States is involved in reconciliation negotiations is a good start. However, talking to the Taliban is not easy. There is no address or phone number, and the hard-liners and the top brass of the Taliban have turned their backs on any reconciliation attempts. None the less, in my judgment there is a split in the Taliban between the hard-liners and the moderates. Those who are most opposed to a political settlement tend to be more on the fringes of the movement—the uneducated and the unemployed. Those who are more focused on the future prosperity of their country are prepared to talk. We should exploit the divisions in the Taliban and engage in the process of reconciliation as soon as possible. The US draw-down of troops will help in that, as will the additional numbers announced by the Prime Minister during his visit this week. We have to set the tone and show that there is light at the end of the tunnel for Afghans who want to bring up their children and enjoy the prosperity that we are used to in the western world.
Combined with that, we must continue to support the Afghan army, police and security services. Huge strides have been made to bring those forces up to a level of competence that will allow them to maintain law and order in their country. There will be a large army and a large police force. The Prime Minister said this afternoon that for every one troop that is withdrawn, two will go in from the Afghan police and security services. Those services have a long way to go to achieve the operational standards that we see elsewhere. The exit of NATO combat troops will not be smooth, and the handover will be fraught with problems, but the sheer size of the Afghan forces should be sufficient to hold the line against the inevitable counter-attack once the occupying forces have left.
The US draw-down is bigger than expected, and 33,000 troops will have been withdrawn by this time next year. The President of the United States says that the US has crippled al-Qaeda’s capabilities and been successful in its mission in Afghanistan, claiming that Kabul is much safer than it was before despite continued attacks such as the one on the Intercontinental hotel last week.
Interestingly, the President has been criticised on both sides in Congress, with his opponent in the last presidential election, John McCain, arguing that the current troop levels should be maintained for at least another year to accomplish their objectives. On the other hand, the Democrats have argued that the President has been too timid. The cynic in me says that that probably suggests he has got it about right.
However, the military do not agree with the President either. We may raise eyebrows here when senior military officers enter the political arena, and we may wish that they would do the fighting while we do the talking, but they have nothing on what has been going on in the United States. Admiral Mike Mullen, the Chairman of the Joint Chiefs of Staff, quite openly said that he advocated a less aggressive draw-down schedule. General Petraeus, the former head of the armed forces in Afghanistan, who is about to become the director of the CIA, said that he, too, had recommended a more gradual withdrawal. Marine General James Mattis, commander of US central command, who was General Petraeus’s boss and immediate superior, agreed. With friends like that, who needs enemies? I respect the President for his courage in rejecting the arguments of his military and continuing with the draw-down.
The House should be in no doubt that this is going to be messy. Security incidents in Afghanistan continue, such as the tragic loss of Scott McLaren from the Royal Regiment of Scotland. However, the provinces and urban districts continue to be transferred to Afghan forces, which shows progress towards transition.
No one likes to engage in talks with an enemy that has been killing one’s own armed forces, and I share the view of Hillary Clinton, who has said that she finds the need to have contact with the Taliban “distasteful, but worthwhile”. It is not a pleasant business, but it is a necessary one. I have no doubt that any negotiations leading to a political settlement must be Afghan-led, despite the Taliban saying that they want to speak directly with the United States. So far, top US officials have sidestepped that, and I hope the Government will now encourage them to get more fully involved and get a forum up and running with the full involvement of Afghanistan, the United States and Pakistan.
Relations with Pakistan are difficult, but if we think we have problems, nothing compares with the US-Pakistan relationship, which is at rock bottom. I have to confess that I am quite shaken by the level of mistrust between Pakistan and the United States. The situation has been exacerbated by the shooting of Osama bin Laden. I personally have no doubt whatever that that was a necessary step for the United States to take, and I quite understand why such sensitive information could not be shared with anybody. As a result, I am quite puzzled by Pakistan’s aggressive reaction and apparent failure to understand why the US did not share the information with it.
Pakistan has difficult decisions to make. It has deployed troops in Waziristan and the north-west frontier, but my instinct is that its heart is still not in it. Another illustration is the US use of drones, which are fearsome weapons that are turning out to be remarkably effective—so much so that everybody wants them. So why is Pakistan ordering the United States to take its drone bases out of the country?
Mr John Spellar (Warley) (Lab)
Does the hon. Gentleman accept that Pakistan has suffered huge losses, and at a high level, from the activities of the Taliban and other terrorists? That partly demonstrates its level of commitment.
Richard Ottaway
Yes, which makes it more the mystery why it does not take stronger action against the Taliban. It is not how to get into the hole that counts but how to get out of it, and I believe that Pakistan is still worrying about how it got into the hole. I would encourage it to engage fully and totally in denying the Taliban a base in its own country.
On the other side of the equation, the US should recognise that Pakistan is a proud and sensitive country. We all admire the US for its can-do attitude and for getting things done, but there comes a moment every now and again when it must think about how others will feel about that, and work with the grain, despite its dominant position on the world stage.
The UK does have a role in all that. There are now 3 million Pakistanis living in the UK. Our embassy in Islamabad is making every effort, but diplomatic opportunities exist to win Pakistan’s confidence in our genuine desire to help them. Can we help with textile exports or commercially in another way? Can we help it to break down the barriers with India? Above all, we should encourage the US to adopt a policy on Pakistan that takes account of Pakistan’s security concerns, and we should help the US to play a constructive role in the reconciliation process.
I am under no illusion about the difficulties involved in respect of any of those countries. None the less, the Foreign Affairs Committee commends the UK Government for its advocacy of the regional approach to political reconciliation. Currently, the conditions for political settlement are virtually non-existent, but if ever there was a time to make the effort, it is now.
Mr Speaker
Order. There is no formal time limit on Back-Bench speeches, but I have something like nine people on my list, and I am looking to call the Opposition to wind-up at approximately 6.30 pm, so Members can do the arithmetic for themselves. A certain self-restraint would be appreciated.
Paul Flynn (Newport West) (Lab)
It is a great pleasure to follow the hon. Member for Croydon South (Richard Ottaway). I thank him for, and congratulate him on, the quality of his Committee’s reports, particularly the last report on this subject.
It was a disappointment to hear the Prime Minister present a statement that was very much the traditional one of unreasonable optimism, of exaggerating the threat of terrorism from the Taliban, which is almost non-existent—there is a threat from al-Qaeda, but not from the Taliban—and of ignoring altogether the most optimistic sign: namely, the possibility of talks with the Taliban.
We have heard so much accentuating the positives and ignoring the negatives. The Prime Minister spoke of the progress with the Afghan army and police, but said not a word about the fact that NATO delivered the final blow by bringing the helicopter in following the recent attack on the Intercontinental hotel, and made no mention of the group of UN workers who were lynched by a mob, even though they were being protected by the Afghan police and army. Nor did he mention the most depressing incident, when 500 prisoners, many of them Taliban who were captured at grievous cost in blood and treasure, escaped, almost certainly with the collusion of local Afghans. Those 500 are now free to attack our soldiers again.
I am concerned greatly by our attitude. We are trying to deny the truth and to protect ourselves, but there are no good reasons for that. It is extremely wounding to the families of the bereaved to suggest that the cause in which their loved ones died bravely was a noble but vain one, but we must get that across. The Prime Minister has a difficult task to convince the country that we must not only talk to but negotiate with the enemy. That will be difficult for the relatives or loved ones of the fallen.
It is disappointing that the Prime Minister did not give a clear answer on the hurt that will be caused if the plan to take the remains of the fallen to Brize Norton continues. They would then be taken via a circuitous route that avoids the most populated areas. Local people, supported by many of the families of the bereaved, say that they want and appreciate the opportunity to give public expression to their grief, as happened in Wootton Bassett. The public would like to pay their respects as they have done before. No impression should be left that there is any attempt by the Government or local people to deny the country the chance to pay its tributes and accept the true effects of war.
That has been done twice before. Last year on a Monday and a Tuesday, the names of the fallen were announced, but that was at a time when the House did not have the maximum attendance, or the attention focused on it, that it has at Prime Minister’s Question Time when those names are announced. It is impossible now, because of the rules of the House, to do what I have done in the past, which is to read out the names of the fallen in Iraq and Afghanistan. That is now forbidden. I would not look forward to doing that again, though, because to read the names of the fallen in Afghanistan and the thousands with serious injuries would take about an hour and a half, if I was to include their ranks and give a suitable pause to each one. None the less, that is the most effective way of getting across to the House the consequences of decisions that we took.
I was grateful to see the report on Helmand on BBC 2. It is worth remembering that, as has been repeated, politically we went into Helmand because senior politicians believed we would be there for three years and hoped that not a shot would be fired. We are grateful for the evidence given to the Foreign Affairs Committee and to the Public Administration Committee in which we saw the incredibly trivial reasons we went into Helmand. At that point, we had lost two soldiers in combat—five in other regions—but now it is 375. A written report to the FAC attributed it to the hubris of the Foreign Office, which felt that it might suddenly become a footnote. The conflict in Iraq was coming to an end and it wanted to be in the limelight. The military use the expression, “We must use them or lose them”, knowing that if their battle groups are suddenly stood down, there is the threat of major cuts in a future defence review.
Thomas Docherty (Dunfermline and West Fife) (Lab)
Although I disagree with my hon. Friend, I have huge respect for his principled stance. However, when the Chief of the Defence Staff and the Vice-Chief of the Defence Staff came before the Defence Committee only three weeks ago, that was not the reason they gave for the Army going into Helmand. They gave completely different reasons: there was a job that had to be done, and if it was not done by the British, it would fall to one of our partners in the international security assistance force.
Paul Flynn
The evidence is in the reports from both Committees—in evidence from a distinguished former ambassador in Kabul and from two senior people in the civil service to the PAC. The evidence is clear. One witness said that no attention was paid to the national interest. It is difficult to see where on earth the national interest lay in stirring up a hornets’ nest in Helmand, but we know the result. This was a peaceful province. We went in to ensure reconstruction, but the result, tragically, was the loss of an unknown number of lives—possibly 9,000—and there was no reconstruction. Instead there was destruction on a massive scale from collateral damage alone. We set up posts that we defended at huge cost in lives to our own people and to the others.
This is a calamity on a scale nearly unprecedented in our military history—and that is saying something. When we went in, we did not take a decision in the House, but we had a debate. In that debate, someone said that this would be worse than the charge of the Light Brigade. This time Blair to the left of them, Bush to the right of them, holler’d and thunder’d:
“Theirs not to reason why,
Theirs but to do and die:
Into the valley of Death”,
into the mouth of Helmand, drove the 5,000. Before, there were two dead; now it is 375. That is three times the number killed in the charge of the Light Brigade and twice the number killed in the Iraq war, and I challenge anyone to come up with any improvements that resulted from the incursion into Helmand. What is better now? It was peaceful when we went in. There was no threat.
Thomas Docherty
I am grateful to my hon. Friend for giving me the chance to intervene on him again. The Chief of the General Staff, Peter Wall, and the Chief of the Defence Staff made it absolutely clear to the Defence Committee that if we had not gone into Helmand, the Taliban would have moved north towards Kabul. It is completely untrue to say that Helmand was a peaceful province; or rather, it was peaceful only because the Taliban had complete control over the area.
Paul Flynn
I was not present on the Committee, but I saw the sitting on the Parliament channel and was profoundly unimpressed by the evidence given. However, I do not want to dwell on this issue; I want to give other people a chance to speak—I have the advantage of speaking early. I believe that at some point an investigation has to be conducted into why we went into Helmand. Of course it cannot be done now, while we are still there, but I believe that the story revealed will be one of military incompetence and political weakness. We are in the position now—the hopeful time—of talking to the Taliban. I do not know why the Prime Minister does not emphasise this more, but for the first time we are in the position of taking practical steps to build peace that would result in bringing our troops home.
The alternative is that we are currently in a period like that the Americans found themselves in in 1970 and 1971, when they knew that the war was coming to an end in Vietnam. We know that there is no happy ending in Afghanistan, and we should not build up the prospect of an Afghanistan that will somehow be like a Scandinavian democracy or anything of the sort. The ending will be messy.
Jeremy Corbyn (Islington North) (Lab)
I thank my hon. Friend for giving way, and I apologise for missing the first part of his speech. Does he not think that after 10 years in Afghanistan, the fact that the Prime Minister now says that there has to be negotiations, including with the Taliban—something that has been patently obvious for a long time—is an indication of just what a military and political disaster this whole thing has been?
Paul Flynn
I am sure that that will be the judgment of history. I am afraid that we in this House will be seen as not having taken the decisions that we should either. We have not challenged our continuing presence in Afghanistan or the continual sacrifice of the lives of our brave soldiers. This has been a bad episode in our history. Tragically, just as we saw one rotten Government in Afghanistan brought down in 2001—they were not as rotten as the one before, who included the Mujahedeen—the current Government might well be replaced in five years by another rotten Government, and we will ask ourselves, “What was the sacrifice for?” We are now in the position that General Kerry, now Senator Kerry, described in ’71 when he asked himself the agonising question, “Who will be the last soldier I will order to die for a politician’s mistake?”
Mr John Baron (Basildon and Billericay) (Con)
It is a pleasure to follow the hon. Member for Newport West (Paul Flynn), as we have similar views on this issue.
As those Committee colleagues who are here will know, I voted against this report. It will come as no surprise to the majority of Members present that I come to this afternoon’s debate as a sceptic about our mission generally. Having cautioned against our deployment in Afghanistan and voted against the Government’s continued policy—in the one opportunity that we had to debate and vote on the issue, last year—I remain deeply worried about our progress generally. To reflect briefly on the past, our intervention defied all the lessons of history. We fundamentally underestimated the task and we under-resourced it accordingly. We have been playing catch-up every since. Having served as a platoon commander in South Armagh during the 1980s, I have no doubt that the mission suffered in particular from low troop density levels. We have suffered as a result.
My criticism is not levelled at the troops. We all know that they have done everything that could have been asked of them. They and we can be proud of what they have achieved. Rather, my criticism is levelled at the US and UK Governments, who have failed because they have not recognised two fundamental distinctions, which even at this late stage could salvage something positive from this otherwise sorry affair. First, we have failed to distinguish between the key objective of keeping al-Qaeda out of Afghanistan and the four main goals on which that objective is said to depend. Those goals include the achievement of a stable and secure Afghanistan. In fact, the key objective and the attainment of those goals have become confused to the extent that the goals have become ends in themselves. This has given rise to mission creep and loss of focus. The talk of nation building, women’s rights and human rights are but three examples. In effect, we have become missionaries instead of focusing on the mission.
In my view, this confusion permeates the report. For example, the report assesses progress against each of the so-called goals instead of focusing on the key objective. We go into great detail in the report about what we are doing on women’s rights and human rights, for example. The goals are a means to an end, however, not the end in itself. Our main mission in Afghanistan is not to build a better country but to defeat al-Qaeda, and our losing sight of that fact has cost us dearly. That is why I voted against the report, having tried unsuccessfully to make a series of amendments. We are not in Afghanistan to build a better country; we are there to defeat al-Qaeda.
This confusion of purpose has gone to the top of Government. When the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) was Prime Minister, he claimed that our troops were in Afghanistan to protect the citizens of London from terrorism, yet in almost the same sentence he threatened President Karzai with troop withdrawal if he did not end the corruption in his Government. That clearly illustrated the confusion, and I pointed out to the right hon. Gentleman in Prime Minister’s questions back in 2008 that those two statements did not fit well together.
Last year, the coalition Government gave a deadline of 2015 for troop withdrawal. Again, that is inconsistent. If our commitment is conditions-based—in other words, if it is to defeat al-Qaeda—one cannot logically place a deadline on it. Yet the Government have made it clear that all combat troops will be withdrawn by the due date, regardless of the situation on the ground. It is therefore little wonder that Foreign and Commonwealth Office Ministers have admitted that their communications strategy needs to be reviewed, as it appears that Joe Public has still not got the message. Someone should perhaps ask why, after 10 years, the message is somewhat confused. Could it be that the mission itself is incoherent? If that is the case, there is little point in shooting the messenger.
Jeremy Corbyn
Is the hon. Gentleman aware of any evidence whatever that the streets of London have been made safer by our presence in Afghanistan? Or does he believe that our involvement has caused radicalisation and perhaps made London a more dangerous place, and that we need to look to our foreign policy if we want to make ourselves secure?
Mr Baron
The hon. Gentleman raises a serious point. I certainly think that our recent aggressive interventions have radicalised parts of the Muslim world against us—a fact that I think was confirmed by a former head of MI5 in giving evidence. I certainly do not think that our involvement has helped our situation, and I see no concrete evidence that the situation has improved in regard to the threat on the streets of London. If I am wrong about that, I am sure that the Minister will correct me.
The bottom line is that there is confusion of purpose, and the first distinction that we are failing to make is that between achieving the objective and the four main goals.
The second distinction that the Government are failing to explore rigorously is that between the Taliban and al-Qaeda. The relationship is complex and not well understood. There is no shortage of evidence—some was submitted to the Foreign Affairs Select Committee—to suggest that the Taliban would not necessarily allow al-Qaeda back into the country if the Taliban were to regain control of certain regions. They know that, ultimately, al-Qaeda led to their downfall. Indeed, US intelligence sources suggest that fewer than 100 al-Qaeda fighters and certainly no al-Qaeda bases are left in the country. To all intents and purposes, we have achieved our mission some time ago—a point that my hon. Friend the Member for Croydon South (Richard Ottaway), the Chairman of the Select Committee, made well. We all know that the Taliban are not a homogeneous group, but there are fundamental differences between the Taliban and al-Qaeda—yet the threats from al-Qaeda and the Taliban have become conflated and almost synonymous.
Mr Spellar
Given the distinctions that the hon. Gentleman is making, why does he think the Taliban allowed al-Qaeda to establish themselves and a base in Afghanistan?
Mr Baron
The bottom line is that there are various factions of the Taliban, but the relationship between the Taliban and al-Qaeda is very complex and not well understood. I could return the question and ask: how is it that, given that the fundamental differences between the two are clear, we are failing to explore them? At the end of the day, peace is not made with friends but with enemies. We have got to initiate talks.
These two distinctions—the distinction between the key objective and the four main goals, and the distinction between the Taliban and al-Qaeda—are very important. If we are trying to build a more stable and secure Afghanistan and make it a better country, we will in all probability have to beat the Taliban. If, on the other hand, we are just trying to make sure that Afghanistan is free of al-Qaeda, we might not have to defeat the Taliban. That shows the importance of the two distinctions. What they lead one on to believe is the need for the Americans and the British to open meaningful and non-conditional talks with the Taliban in order to explore common ground.
Thomas Docherty
It is certainly the understanding of the Defence Committee that our role is to place the Afghan national security forces on a footing where they can deal with security. The hon. Gentleman is right to say that it is not about beating the Taliban, as the mission goal is to get the ANSF to a point where they can take control of their country.
Mr Baron
In an ideal world I would agree with the hon. Gentleman, but the report makes it clear that there are severe doubts about the ability of the Afghan national security forces to take over once we leave, despite all the money and the training that have gone in. The fact that the ANSF could not protect UN personnel in areas that had been handed over and were deemed to be safe illustrates the problem that we face. There is not a uniform view on this matter, as it is worthy of note that there are severe reservations about whether the Afghan security forces will be in a position to take on that role, come the deadline.
Suggestions have been made that preliminary talks have taken place. This is welcome news. The delisting from UN sanctions of 18 former senior members of the Taliban is perhaps part of that process. However, I have concerns about the substantive nature of these talks. Until very recently, the American view has been that America will talk to the Taliban only if they lay down their arms and accept the constitution. Frankly, that is living in a dream world. The Taliban will not be beaten and they will not lay down their arms.
History suggests—we could look at counter-insurgency campaigns in Malaya, for example—that not one of the preconditions for a successful counter-insurgency campaign exists in Afghanistan. There is no control of the borders; the troop density levels are insufficient; we do not have the support of the majority of the population; and we certainly do not have a credible Government in place. Not one of the preconditions exists. The Taliban are not going to lay down their arms and simply walk away, particularly now that we have declared our hand with the deadlines.
I believe that the time has come for the British Government to press the Americans to have non-conditional talks with the Taliban. That is crucial. Just holding preliminary talks will get us nowhere. They have to be non-conditional. We need to remind the Americans that it is possible to talk and fight at the same time, as we proved in Northern Ireland. However, it was the very nature of those talks—the fact that they were unconditional—which played such a key role in bringing the IRA into the peace process. The American wish to see the Taliban and al-Qaeda sever all contact must be part of a settlement, rather than a precondition. I believe that the decapitation strikes on the Taliban leadership should end, because there must be a degree of trust in the negotiations. If the last 10 years have shown us anything, they have shown us the Taliban’s ability to replace one generation of leaders with another.
Given the cost to the United States in blood and treasure, this will not be easy for US politicians. There will be those in the Democratic party who will think about human rights, women’s rights and so forth, and there will be those in the Republican party who will not want to talk to terrorists. At the end of the day, however, holding unconditional talks is the only way forward. Our brave soldiers can only buy time; now it is time for the US politicians to step up to the plate.
Mr Denis MacShane (Rotherham) (Lab)
It is a great pleasure to follow the hon. Member for Basildon and Billericay (Mr Baron). I wish that we had heard from him in earlier years, because his calm and rational approach was very impressive. I look forward to hearing the hon. Member for New Forest East (Dr Lewis): his idea of establishing sovereign bases that we should seek to control, but without going out on patrol to have our men killed, is entirely sound. I also look forward to hearing the hon. Member for Penrith and The Border (Rory Stewart), who has direct experience of the region.
The plain fact is that this is not a winnable war. I found the Prime Minister’s metaphor about al-Qaeda, or the Taliban, and Sinn Fein rather bizarre and ill-judged; but judgment is not, perhaps, the Prime Minister’s strongest suit at the moment. We are talking about a huge mess: an intervention undertaken for sincere and decent reasons that is now terminating as so many other interventions throughout recent and older history often have. I do not think that we withdrew cleanly from India and Pakistan, from Aden or Cyprus, or from any number of situations. The same could even be said of Northern Ireland. Some might observe that the almost apartheid segregation between Catholic and Protestant communities is hardly a tribute to community and society building in parts of Belfast and Derry.
The real problem is the eternal question posed by, I think, Lord Salisbury, who said, “If we listen to the generals, we will never be safe.” Clemenceau, 20 years later, said, “War is too important to be left to the generals.” We have allowed our Afghanistan policy to be over-driven and over-controlled by the military: of that there can be no doubt. My hon. Friend from Scotland who is on the Defence Committee quoted the generals who had spoken to the Committee—
Mr MacShane
Well, it is nice to have a true Scot here, rather than a nationalist.
I do not know of any recorded moment when any British general giving evidence to any parliamentary or public inquiry has admitted he got things wrong. It is in their contract that generals are always right. If they are let down, it is the fault of the politicians. Before the election we were told continually by Labour Members that it was the Prime Minister’s fault for not providing enough Chinook helicopters and reinforcements, and that Ministers were responsible for the fact that we were not succeeding in Afghanistan. It is a tribute to my colleagues on the Front Bench that they have not adopted those rather shoddy tactics—as some might have been tempted to do—in respect of the handling of the conflict since May last year.
Thomas Docherty
As a member of the Defence Committee and the Member for Dunfermline and West Fife, I can tell my right hon. Friend that when the Chief of the Defence Staff and Chief of the General Staff appeared before the Defence Committee, they did put their hands up and say mistakes had been made when going into Helmand. Perhaps that was the first time that that happened, but the Army has admitted it made mistakes.
Mr MacShane
I am glad to hear it, but frankly—I do not want to quote Bismarck and the Balkans and Pomeranian grenadiers—I weep every Wednesday when the poor Prime Minister has to come to the Dispatch Box and yet again read out the name, or perhaps names, of a dead British soldier, and for what? I cannot find an answer to that question.
To give the Foreign Affairs Committee Chairman, the hon. Member for Croydon South (Richard Ottaway), and his colleagues their due, they admit that, because one of their report’s key conclusions, on page 83, is that
“at a strategic level, we seriously question whether the efforts expended…have a direct connection to the UK’s core objective, namely the national security of the UK”.
That is absolutely right; the Select Committee Chairman has summed it up there—it is written down. It is a Foreign Affairs Committee conclusion, and it should be at the forefront of all of our discussions on Afghanistan. There is no longer any connection between UK national security and our men going out on patrol and being shot dead by the Taliban.
The Select Committee’s excellent and thorough report contains an account of a fine passage of questioning, which resulted in a most extraordinary confession by the Foreign Secretary. Committee members were trying to find out who is actually taking decisions on Afghanistan, and specifically in this instance the announcement to withdraw—or retreat—by 2015. Please can we avoid the absurd new euphemism of “draw-down”? It is a retreat and a withdrawal; that is what it is, so let us revert to plain English. The Foreign Secretary said that that decision was taken collectively in the National Security Council. My right hon. Friend the Member for Coventry North East (Mr Ainsworth) asked whether the Defence Secretary had been consulted, and the Foreign Secretary replied:
“I am sure the Defence Secretary was consulted, but I cannot tell you when everybody was consulted. You would have to ask the Prime Minister.”
The Committee Chairman asked whether the Foreign Secretary could confirm
“that the decision wasn’t actually made in the Council.”
The Foreign Secretary said:
“It wasn’t a formal item in the National Security Council.”
This gives a fascinating insight into the mechanism of government. Where was the decision taken—by whom and how? We know it was no longer taken on a sofa, but we are none the wiser—[Interruption.] I have not been invited to No. 10 so I cannot check whether the sofa has gone. We do not know who took the decision and on what terms.
I would argue that we should be getting out a lot faster. Canada is out, the Netherlands is out, and Belgium is pulling out half of its men. The presence of international security assistance force-NATO allies in Afghanistan is now getting thinner and thinner, and, yes, it will be a withdrawal. No general wants to be the one who folds up the flag, climbs the ladder to the top of the embassy building and climbs in a helicopter and leaves, but stopping a war is, perhaps, as great a military art as starting one.
It would be fascinating to look at the official record of the Russian Duma for the 1980s, when the Russians were convinced that they were bringing a civilising mission to Afghanistan, to see whether debates such as this one were taking place. Then, of course, they faced the external foe of the Mujaheddin paid for by President Ronald Reagan and Prime Minister Margaret Thatcher. There has been little reference to the fact that the Mujaheddin of the 1980s was a product of western foreign policy. We have heard in the past couple of days that Mr Reagan won the cold war, and part of that winning presumably included the driving of the Soviet Union and its troops out of Afghanistan. If that was the case, every Russian would wish that Mr Reagan had won it a lot earlier; they perhaps believe that the red army should never have gone into Afghanistan. However, the money sent by the west to create the Mujaheddin sowed dragons’ teeth that turned into dragons on 9/11 and 7/7, and it would be good if the people examining the history of that era had the honesty to say so.
Jeremy Corbyn
Is my right hon. Friend aware that after Soviet forces went into Afghanistan there was a considerable number of unreported demonstrations by the families of soldiers who had died there, and that there is a huge memorial movement within Russia today on behalf of those who are still not recognised for the sacrifices they made?
Mr MacShane
Yes, indeed. That conflict contributed to the undermining of the Soviet Union, but in the very worst sense, in that it required the senseless sacrifice of a lot of young Russian men finally to persuade Mr Gorbachev and his new Soviet leaders that the action in Afghanistan had to come to an end. In some ways, I wish that we had been able to defeat communism in Vietnam, because the period after the retreat of the United States was a horribly cruel one in Vietnam—we saw what happened with the boat people, the re-education camps and the killings and tortures. But there was no question of our remaining longer in the vain hope that we could have created a more stable, orderly or democratic regime.
The Select Committee’s report stated:
“We welcome the Government’s attempt to engage more pro-actively”—
I never know what that adverb means—
“with parliamentarians on Afghanistan.”
That might interest the Chair, Mr Deputy Speaker, because I understand that a new poem is doing the rounds there. It goes as follows, “From Kandahar to Kabul, the whispers grow and grow, stand by Pashtuns and Tajiks, here comes Mr Speaker Bercow.” We will see whether our Speaker is going to be the magic solution and whether he will be sent down there to spread lightness and parliamentary tolerance among the peoples of Afghanistan. I do not think that anybody can move an immediate amendment and call a Division on that subject—[Interruption.] Perhaps one of his deputies would be more appropriate.
When I talk about “the west” I mean the broad family of democracies—north America, Europe, and our friends in Canada, Australia, Japan and South Korea. As long as the west is mired in Afghanistan, we will not be able to promote our core interest now, which is to recover economic strength and to recover confidence in the need to have an adequate security profile against the rise of authoritarian powers, which are arming fast, which might, at some stage, threaten our interests and which, because we are lost in the wildernesses of west Asia, we are unable to see coming over the horizon.
In the few years after America withdrew from Vietnam things were unclear, but for the 20 years after 1980 America led the world in many ways. It did so economically, in inventing new forms of technology and in expanding many human freedoms to do with personal liberty and respect for multicultural and multi-ethnic cohabitation. Right now, America is bogged down in this wretched war. The UK is a minor ally of America and the sooner we are out of this war, the better. I sincerely say to those on the Treasury Bench that if they look at history, they will find that it has very often been the Conservative party that has had a greater sense of geopolitical reality than some of the opposing parties and has known when enough was enough. I would like us out before 2015.
Finally, the title of the report we are debating is “The UK’s foreign policy approach to Afghanistan and Pakistan”. It is very detailed on Afghanistan, and I congratulate the Committee on that, but it does not in any way address foreign policy towards Pakistan. Pakistan hardly gets a mention and is seen only in relation to Afghanistan. That might be the way in which the title of the report was chosen—I am not criticising the members of the Committee—but we need a policy on Pakistan and part of that must involve telling the truth to our great friends in India. As long as they have 500,000 people in an oppressive occupation of part of the region—I am choosing my words carefully—called Kashmir, there will be no possibility that the people or the Government and military of Pakistan, however constituted, will not see that as a direct threat to their identity and national interest. If 500,000 armed soldiers are camped on a country’s western border, that is where that country will have to put its troops.
Until we ask India to take a new approach to Kashmir and to take it off one of the world’s fault lines, we will not be in any position to ask Pakistan to take a new and more helpful approach on Afghanistan or on other issues. The western world, if I might use that term—the Euro-Atlantic world, let us say—has spent too long in majority Muslim countries creating giant armies. Whatever the motives for sending those armies originally, they are making matters worse. It is time to get out. I want to spare the Prime Minister, with his many problems, from ever again having to stand at that Dispatch Box to lament the loss of a British soldier’s life in a conflict of which we should no longer be part.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are running out of time and I have eight Members wishing to speak. I want to get everybody in, so will Members be courteous to each other and try to limit the length of their speeches?
Sir Malcolm Rifkind (Kensington) (Con)
It would be foolish for anyone to suggest that NATO had not made foolish mistakes with regard to Afghanistan in recent years, or that the matter will come to a conclusion in the way that would have been hoped. It is equally unwise, however, for the right hon. Member for Rotherham (Mr MacShane) to suggest that the withdrawal of troops from Afghanistan will simply constitute a retreat, or for the hon. Member for Newport West (Paul Flynn) to say that the whole presence in Afghanistan has been an unqualified failure.
Let me go back to the point that the House was reminded of by my hon. Friend the Member for Basildon and Billericay (Mr Baron): we went into Afghanistan to ensure that the country could not be used again as a base by the Taliban. One only has to ask whether it was ever possible or realistic in the immediate aftermath of 9/11 for us not to have seen international action, given the Taliban’s refusal to deny sanctuary to al-Qaeda as a continuing base for terrorist operations at that time. The decision made at that time, with the unqualified approval of the United Nations Security Council, was the right one, and we should never lose sight of that fact. Mistakes have been made since then, as my hon. Friend has rightly pointed out, but the question today is not whether it was all a mistake but how we can maintain what has already been achieved.
I agree with those on both sides of the House who have said that al-Qaeda is now effectively out of Afghanistan. It is no longer able to use that country as a base, so there is no long-term rationale for the presence of combat troops there. That does not mean, however, that the matter is now entirely resolved. The question now is: how do we leave in a way that will not enable al-Qaeda to return? At the moment, we do not know whether by the time we leave there will be a coalition Government including the Taliban, or peace in Afghanistan—in which case we can be relatively relaxed that there will be no future for al-Qaeda there. It is equally possible either that the Taliban will not agree to a coalition Government and that we will leave without their being part of a joint agreement, or that they will be part of a coalition but will have their own agenda, which will be one that will not give us comfort.
Although I welcomed what the Prime Minister said today and have no difficulties with it so far as it went, it seemed to me that it left open certain serious gaps. He said that as far as the Government are concerned, our future relationship with Afghanistan after the withdrawal of our ground forces will be based on our diplomatic, developmental and trade relationships. He said that the only military dimension would be the support we would give to the development of a military academy. All of that is very sensible and desirable, but we have to ask about something that is not just a British problem, but primarily a problem for the United States. How can we help to ensure that an Afghan Government who may not have full control of all the territory of Afghanistan when we have withdrawn will be able to prevent the use of parts of the country that they might be unable to control, even with their fullest efforts, as a base for terrorist operations?
I believe that the international community, including Russia and China, should be arguing for two things. First, we should be asking for the basis of the withdrawal of combat forces to lead also to an agreement with the Afghan Government, because this can happen only with their support and agreement, and preferably to a treaty sanctified by the United Nations, for the continuing facility of air support for the Afghan Government if that should prove necessary. If there are areas of Afghanistan that the Government do not control, and if there is evidence that those areas have been infiltrated by al-Qaeda, we should have the legal authority—in co-operation with the Afghan Government and through the use of special forces and other means—to eliminate that threat if and when it arises.
We must remember that when the Taliban Government were eliminated, that was done not by NATO ground forces but by air power combined with Afghan Northern Alliance ground forces. In exactly the same way, at the end of current operations when all of our combat troops are withdrawn, having Afghan ground forces, which will be very strong, with the back-up of potential air support and the potential deployment of special forces purely to deal with terrorist threats, will be the way to provide the long-term security that the right hon. Member for Rotherham seemed to doubt would be available.
In the light of your comments, Mr Deputy Speaker, I shall keep my comments very brief, but there is a second proposal that should also be part of the international response. We know that Russia and China are just as concerned about a premature withdrawal from Afghanistan as NATO or the west might be—for obvious reasons, given their own domestic and internal problems. What is needed for Afghanistan, as part of that country’s future, is an internationally recognised declaration of neutrality. Afghanistan should become a neutral state, rather in the way that Austria became a neutral state in 1955 as a way of ensuring the withdrawal of the Soviet forces from that country and the ability of that country to develop in peace. Austria is now in a situation very different from that of Afghanistan. Only by having regional support for an independent Afghanistan that cannot give sanctuary to terrorist forces will we have the level of confidence that we need to produce the desired result.
Mr MacShane
I am conscious that others want to speak, but may I gently put it to the right hon. and learned Gentleman, for whom I have immense respect when it comes to foreign affairs, that China and the Kremlin might not be totally unhappy to see America and the west bogged down as badly as we are in Afghanistan?
Sir Malcolm Rifkind
For other reasons, the right hon. Gentleman might be right, but we are not going to get bogged down because there will be a withdrawal of NATO forces. The Russians have said publicly, through the Foreign Minister, that a premature NATO withdrawal from Afghanistan would be a disaster, so they are obviously concerned about the power vacuum that could result.
I believe that the real concern—this goes back to the struggles that there have been over Afghanistan for 150 to 200 years—is about Afghanistan’s future status. Of course the Russians and the Chinese will not wish to see Afghanistan as some American client state—why should they?—but there is no need for that to happen. It should not happen, and it must not be allowed to happen. Equally, Afghanistan will not be strong enough to defend itself without maximum international regional support from its neighbours—not just Russia and China, but India, Pakistan and Iran, all of which have an interest in the situation, and all of which could live with a truly neutral Afghanistan that was not the client state of any of the big powers.
We must not see the withdrawal of combat forces as the end of international military involvement. I hope that it will be, but there has to be a fall-back position if a terrorist threat re-emerges. The real solution is a combination of a treaty arrangement with the Afghan Government combined with an international status for Afghanistan, which the Afghan Government would welcome; they have already said that they would be interested in and attracted by such a proposal. That would give the kind of political and military security that ought to give confidence.
Sir Malcolm Rifkind
I do not have any privileged information, but I am pretty certain that they already are. Whatever the formal public position, there is no doubt that talks are going on and that Americans have been involved in discussions with the Taliban. I bet that they were not simply discussing what the agenda would be or what preconditions would apply. It is a slow steady process, and I am sure that it has begun. It should have begun some time ago, and I hope that it leads to progress, but we cannot assume that it will do so. Even with the best will on our part, there is no certainty that the Taliban will wish to co-operate. They may think that they can win without such an agreement, so we have to have a structure in place, both internationally and among western countries, that takes into account all the possibilities, including the Taliban not being willing to co-operate.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am grateful for the opportunity to make a contribution. I had not planned to speak, but having listened to speeches from Government and Opposition Members, I felt compelled to bring some sanity to our discussions.
I am a member of the Select Committee on Defence, and I have decided not to read the report by the Select Committee on Foreign Affairs because, as the House will know, we are producing our own report on Afghanistan and I thought that it might prejudice our inquiry—although I accept that there is probably a debate to be had about why two august Select Committees are doing reports on the same subject almost at the same time.
My right hon. Friend the Member for Rotherham (Mr MacShane), who has left the Chamber, discussed, in a speech that did not just span 40 years but which seemed to go on for 40 years, the art of stopping the war. Perhaps I am being naive, but the way to do that is by winning the war, not by pulling out because we do not particularly like how it is going in the short term. I am slightly confused because I found myself agreeing more than would normally be the case with the right hon. and learned Member for Kensington (Sir Malcolm Rifkind), who offered a great deal of common sense on the situation in Afghanistan and Pakistan.
The Defence Committee had the opportunity to visit the United States a couple of months ago, and we spent a week or so at various locations, including US Central Command, the Pentagon and Norfolk. We were privileged to visit the Walter Reed hospital, where we met a number of what the Americans call wounded warriors—their very brave men and women who have suffered life-changing injuries. The Committee was overwhelmed not just by the courage and sacrifice of those very young men and women but by the fact that many of them were determined, despite the horrific injuries that they had suffered, to go back to Afghanistan, both to be with their comrades in arms and because they genuinely believed, despite what they had been through, that it was a fight worth having. If they did not see it through, the sacrifices that they and their friends had made would have been for naught. I was humbled by our meeting with those brave men and women.
On our visit we also met General Mattis and General Allen, with whom the Foreign Affairs Committee and others in the House will be familiar. It is fair to say that we were pleased when President Obama announced that General Allen would succeed General Petraeus as commander in Afghanistan. If there is a lesson from the past 10 years, it is that continuity of command is crucial. There is no point in changing senior personnel and strategy every two or three years, whether in the military or in political leadership, and I hope that the Prime Minister will think carefully before he makes any moves in the next three years while the job moves towards completion.
I am uncomfortable with the Prime Minister’s statement this afternoon about withdrawal. There is an inconsistency in his logic. On the one hand he talked about conditions and progress, but he gave an arbitrary unilateral date of 31 December 2014, which sets a calendar against which the Taliban can measure progress. We should withdraw because the conditions allow us to do so, and because we have completed the missions on which we set out.
Sir Robert Smith (West Aberdeenshire and Kincardine) (LD)
I share the hon. Gentleman’s general concern about an arbitrary time line, but if the US has set an arbitrary time line, given how dependent we are on the Americans’ scale of operation there, surely we have little choice but to match their arbitrary time line.
Thomas Docherty
I am grateful for the hon. Gentleman’s point, and I shall respond briefly to it. It is not often that I say this, but the US has been more nuanced than we have. It is not something that the Americans do particularly well, and I am not sure that many of them can spell the word, but they have said that although that is their goal and they are beginning to pull out their surge troops, they are not absolutely committed to their end date.
There is a simple hypothetical question that the House may wish to consider: what if, as we get to the end of 2014, President Karzai says to President Obama and Prime Minister Cameron, who I expect will still be Prime Minister at that point, “We’re almost there but we need another six weeks, or another two months”? My understanding is that President Obama has made it clear that there would be an element of flexibility. Our Government have said that there is absolutely no flexibility. I think we need a plan B, and we need to have an element of flexibility built in, so that if it is a matter of extra weeks, or even a couple of months, a small number of combat troops may stay.
John Hemming (Birmingham, Yardley) (LD)
I share some concerns about the current strategy. Given that the support for the Taliban is, to some extent, a reaction to the presence of occupying forces, what would the hon. Gentleman define as completion?
Thomas Docherty
As I said earlier, completion of the mission is training up the Afghan national security forces to the level of troops and police that can take forward their own security. It is not about defeating the Taliban. It is about leaving Afghanistan in a stable condition.
Martin Horwood (Cheltenham) (LD)
There have been some fascinating contributions to the debate, not least the eloquent and expert contribution by the right hon. and learned Member for Kensington (Sir Malcolm Rifkind).
I start by doing what many others have done in the Chamber many times, but is still worth doing—paying tribute to our armed forces and, in particular, to those who have lost their lives. I would like to make special mention of Colour Serjeant Kevin Fortuna, who went to school in my constituency and who lost his life not that long ago in Afghanistan. I do not think that he died in vain. The presence of Colour Serjeant Fortuna and many others helps to achieve the central aim of our presence in Afghanistan, which is to protect the security of this country, but has also increased the chances of Afghanistan being a more stable and peaceful country at some stage in the future. If it is not a perfect democracy, that was never one of the core aims of our intervention.
That is why I am slightly puzzled by some elements of the Foreign Affairs Committee’s report. It makes a couple of highly controversial claims. It states that the core justification of the UK presence, which was the threat posed to national security by al-Qaeda in particular, was removed some time ago, but somewhat contradictorily, it suggests that the security situation is still precarious. The right hon. and learned Member for Kensington made exactly the right answer to that, which was that even if that was true, and even if al-Qaeda has been massively damaged in its capacity to regain control of Afghanistan, we still have to find a way of extricating ourselves from the position we are in now in a way that maximises the Afghan Government and society’s chances of stability and peace. We cannot simply walk out.
The report also suggests that there were wider secondary aims that have now proved unachievable, one of which was the defeat of the Taliban. Again, I am not sure that that was ever one of the core aims. The idea was to increase the capacity of the Afghan national security forces to contain and manage the security situation themselves. That is still an important aim as we proceed through withdrawal.
Rather paradoxically, the report goes on to query the 2015 deadline for withdrawal, but accepts that it has concentrated minds. That is an important function of deadlines, but in some ways the debate has moved on, especially after the Prime Minister’s announcement earlier today of further troop reductions. Quite a few hon. Members have pointed out the hard-headed realism that is needed, and the fact that we are not in a leadership position in Afghanistan—a role that effectively falls to the Americans, as we have only one 10th the number of forces that they have there. That leadership will inevitably pass at some stage to the Afghan Government and the people themselves. Therefore, the troop reductions that the Prime Minister announced today are not only right but inevitable.
Political reconciliation ought to be part of the process that we encourage as the withdrawal takes place, which is something that liberals and democrats might find difficult to accept. Would we have wanted political reconciliation with our enemies in previous wars? Has political reconciliation worked everywhere else it has been tried—in Zimbabwe, for example? If we support democracy, should we not defend it at all costs and recognise that there are non-Pashtun political leaders in Afghanistan who really do not want reconciliation with the Taliban at this stage?
I think that there is a role for political reconciliation if some of the points made in the report and elsewhere are acknowledged, including the importance of recognising the regional context and finding a solution that takes into account not only Pakistan and Iran, but India and Russia, and approaches the region on a wider scale. It should also encourage a political solution that recognises the complexity and diversity of Afghan society, its highly tribal structure and perhaps the need for less control from Kabul and a more decentralised approach. In that situation, such an approach to political reconciliation might be, as the hon. Member for Croydon South (Richard Ottaway) described it, distasteful but worthwhile. It might not be successful, but in a regional context and with an attention to complexity and diversity, it might become more likely.
The UK’s role must be to support development, and preferably not just in militarily volatile areas, to support the institutions of government and society—such support ought to be, if anything, increasing—and to do whatever we can to embed universal human rights in Afghan politics and society, especially the rights of women, while accepting that ultimately that will not be our job, and that those responsibilities will have to pass to the Afghans themselves.
We have to encourage the same thing in the border areas of Pakistan. I commend to the Minister an extraordinary report that recently landed on my desk, produced by an organisation called the Community Appraisal and Motivation Programme, which I am happy to say is funded by the British high commission. That extremely revealing report explores in great detail opinions in the federally administered frontier tribal areas of Pakistan. It shows that there is, unfortunately, a high degree of hostility to British and American policy, but far from universal support for extremist or Salafist militancy. Of the respondents, 42% identified terrorist attacks as the main threat to life, 57% said suicide bombing was never justified, and there was support for military operations by the Pakistani army. The BBC World Service was rated highly as a source of information, and the same kind of attention was given to issues such as education and schools as we would expect to find among people all over the world.
Rehman Chishti (Gillingham and Rainham) (Con)
Will the hon. Gentleman give way?
Martin Horwood
I cannot, because of the time and because I am drawing my remarks to a close.
We must have a realistic approach, but in some senses a more optimistic one, that accepts that the whole debate on Afghanistan is moving into a different phase, but in which we are still determined to support the stability and peace of Afghan society.
Rory Stewart (Penrith and The Border) (Con)
We are leaving, and that is a very difficult and painful fact. We are not leaving entirely, but we are leaving combat operations, as the Prime Minister has made clear. It is the correct decision, but it has troubling implications, because the underlying logic is that we will cease combat operations by the end of 2014 even if human rights are not established, even if al-Qaeda is not defeated and even if the Taliban are not defeated. Why is this difficult? It is difficult because the military, both in the United States and in the United Kingdom, fundamentally do not agree.
I have calculated that I have been in and out of Afghanistan 57 times since 2001, and consistently every general has said, “It’s been a tough situation but we have a new strategic plan requiring new resources, and this year will be the decisive year.” It was said in 2003 by General McNeill; General Barno said in 2004 said that that would be the decisive year; General Abizaid also said 2004 would be the decisive year; 2005 was described by General Richards, now Chief of the Defence Staff, as the crunch year for the Taliban; 2006 was described by General McNeill, returning, as the decisive year; 2007 was described by General McKiernan as the decisive year; at the end of 2008, General Stanley McChrystal said that they were knee-deep into the decisive year, and this was echoed by General Petraeus in 2009; our former Foreign Secretary described 2010 as the decisive year; and 2011 was described by Guido Westerwelle, the German Foreign Minister, as the decisive year.
Why is it difficult to challenge the military orthodoxy? It is difficult for real and moving reasons. It is difficult because we have lost a lot of people—we have lost a lot of lives and spent a lot of money; it is difficult because we have made promises to the Afghan people; and it is difficult because we have developed great fears about Afghanistan, fears about our own national security, fears about Pakistan and fears about our credibility and reputation in the world.
Therefore, when a politician meets a general with a row of medals on his chest, coming in and saying, “Just give me another two years”—exactly what General Petraeus is saying at the moment—“don’t drop the troop levels, and we can guarantee that we will reach a situation where the Taliban will never be able to come back,” it is very difficult to disagree.
Withdrawing is the most difficult thing. In Vietnam, and in Afghanistan for the Soviet Union, more troops were lost after the decision to withdraw than in the entire period leading up to the decision. By 1968, the United States had come out of an election determined to withdraw from Vietnam, and Henry Kissinger was obsessed, as we are now, with a political settlement with the enemy. He begged the North Vietnamese to give him the political terms that would allow him to withdraw with honour.
After Gorbachev made the decision to leave Afghanistan in 1986, more Soviet troops were committed to a surge and more Soviet troops were killed, because of the real problems of fear, credibility and loss. So the Prime Minister is absolutely right to set a firm date for withdrawal.
Let us hope that by the end of 2014 we have achieved the things that we are looking for. Let us hope—I, too, join in this hope—that the Taliban have been defeated, that al-Qaeda can never again come back, that human rights have been established, that the Afghan Government are credible, effective and legitimate, that the Afghan national army and police are able to look after themselves, and that there is no risk from Pakistan.
Let us hope. I fear that those things may not be achievable, but we need to have the courage to go ahead regardless at the end of 2014. We need to have the courage to say that we must leave at the end of 2014 regardless because—this is the very difficult thing to say—we no longer believe that we are likely to achieve those objectives. If we have not achieved those objectives by the end of 2014 and the general comes back, as the hon. Member for Dunfermline and West Fife (Thomas Docherty) suggests, and says, “Just give me another two weeks,” or, “Just give me another two months, it’s all going to be fine,” in the end we have to say no.
Why do we not say no? We do not say no because it is horrible—because if I were to stand up in this House, for example, and say, “Afghanistan matters, but there are other countries that matter more,” that, “If we are worried about terrorism, Pakistan is more important,” and that, “If we are worried about regional stability, Egypt is more important,” there would immediately be a headline, perhaps in The Sun, declaring “MP says Afghanistan doesn’t matter.” A flag-draped coffin would be produced, and the mother of a veteran would step forward and say, “The suggestion is that they died in vain.”
I met the same situation last week, talking to Afghanistan veterans. A man sitting in the front row was missing both his legs, and somebody in the audience said, “Are you suggesting that we have made no progress? Have you not acknowledged what we have done in Helmand? Have you not seen that the bazaar is now open? Are you suggesting that people died in vain?” We have to learn to say that no single soldier dies in vain, regardless. The courage, commitment and honour of our soldiers is connected to their unit and their regiment, not to the fantasies of politicians. We must pay them every form of honour and respect, but we do not honour dead soldiers by piling more corpses on top of them.
To conclude, it is difficult for Britain to lead a withdrawal from Afghanistan. We need to make it something that acknowledges that Britain’s pride and reputation has never been connected with extreme ideological projects. We are not a nation of crusades or great ideological wars, but a nation characterised by scepticism, pragmatism and deep country knowledge. If we get the withdrawal right, it will not go down in history as a symbol of ignorance or cowardice, but will represent our wisdom and our courage in sticking to the decision. There should be a realisation that our motto should be and must remain, “Passionate moderation”.
Dr Julian Lewis (New Forest East) (Con)
My hon. Friend the Member for Penrith and The Border (Rory Stewart) has been to Afghanistan on 57 occasions, as he told us. That is 56 occasions more than me. Nevertheless, I have a few ideas about campaigning there. When faced with a deadly insurgency, one has three options: to counter it, contain it or quit. We have been trying to counter it and now we are going to quit. It seemed to be the nub of my hon. Friend’s eloquent contribution that those are the only two alternatives.
I believe that NATO’s Afghan strategy has a fatal flaw: the knowledge that however effective our efforts may be, we plan to quit. That signals to the Taliban that they will ultimately win and removes their incentive to negotiate the political deal that we all agree is what must end an insurgency. President Obama and my right hon. Friend the Prime Minister have set a time limit for the current surge. British troops, as we have heard many times today, will no longer fight after 2014. By then, the Afghans should be self-sufficient. That is the theory, but as we all know, the key question is, “What if they are not?”
Is there a third way to be found between full-scale counter-insurgency campaigning, which is what the generals have been doing all along, and total withdrawal when the deadlines are reached? In other words, instead of countering or quitting, should we be containing? Some say, and I have heard it said this afternoon, that the long-term use of special forces will be enough by itself to underpin a post-surge Afghan Government. That seems to me inherently improbable. As I have argued before, and as I continue to argue—completely unavailingly in the United Kingdom, but perhaps with a degree more resonance on the other side of the Atlantic—what is required when the surge concludes is a strategic base and bridgehead area, or SBBA, to secure our strategic needs permanently.
There are only two sound reasons for NATO’s military presence in Afghanistan: to prevent the country from being used again as a base, training ground or launch-pad for terrorist attacks, which has been mentioned many times today, and to assist next-door Pakistan in preventing any possibility of its nuclear weapons falling into the hands of al-Qaeda or its imitators, which I do not believe has been mentioned today. The following three objectives, though desirable, are not adequate reasons for our presence in Afghanistan: the creation of a tolerant and democratic society, the prevention of drug production, and the advancement of the human rights of women. Full-scale counter-insurgency campaigning, often referred to as war down among the people, involves micro-management of the threatened society. As such, it enables the pursuit of worthy goals such as those. By contrast, a strategic base and bridgehead area cannot secure such goals, but it can achieve both of our genuine strategic interests. During the period of grace provided by the surge deployment, an existing base area should be selected, or a new one constructed, in a remote area out of sight and largely out of mind of the Afghan population.
It is often said—in fact, I have lost count of the number of times it has been said—that there can be no purely military solution in Afghanistan, and that eventually a political deal must be done. Yet there is no basis for such a deal under our existing strategy. The deadlines for scaling down and ending our military presence will certainly put pressure on the Afghan Government to compromise with reconcilable elements of the Taliban, but they will have the opposite effect on the insurgents. The creation of an impregnable, long-term SBBA would enable pressure to be applied equally on both sides, and would confer many benefits, which I will summarise very briefly.
First, any return of international terrorists could be punished without having to re-invade the country. Secondly, any assistance needed by the Pakistan Government to secure its nuclear arsenal could be provided via the long-term strategic base. Thirdly, NATO would be almost completely disengaged from Afghan society, thus removing the constant irritant of a uniformed infidel presence in the towns and countryside.
Fourthly, the ending of micro-management would do away with the need to send service personnel out on vulnerable patrols, along predictable routes, which can easily be targeted. Fifthly, the balance of political and military forces in Afghanistan would be allowed to find its own level. If the worst happened and the Taliban took over, we would still have the strategic base and bridgehead area as a safeguard. Sixthly, the prospect of an SBBA would make it more likely that the Taliban would reach a deal with the Government. If the eventual outcome were nevertheless a more radical regime than NATO would like, that would be a matter for the Afghans alone as long as they offered no support to international terrorists. Finally, an SBBA could be garrisoned by as many or as few service personnel as the political and military situation dictated. Too remote to attack, it would be a deterrent to extremism and a bridgehead for easy entry and operations if, regrettably, they become necessary under a policy of containment.
It suits al-Qaeda to embroil us in Muslim states, as it did most calculatedly in Afghanistan in September 2001. That was why, 48 hours before the attacks in America, General Massoud was assassinated by al-Qaeda. It wanted us to, and knew perfectly well that we would, respond by invading Afghanistan. That was why it removed him.
Costly counter-insurgency cannot be our answer every time our enemies establish a presence in a different country; but there is an alternative to the extremes of micro-management, which is what we have been doing, and total withdrawal, which is what we say we are going to do next. That alternative is containment, and the means of doing it is a strategic base and bridgehead area.
Neil Carmichael (Stroud) (Con)
It is a great honour to follow my hon. Friend the Member for New Forest East (Dr Lewis). I agree completely with my hon. Friend the Member for Penrith and The Border (Rory Stewart) in recognising that we need a definite date for withdrawal.
I wish to pay tribute to Rifleman Martin Lamb, who recently died. He was a constituent of mine who was serving his country bravely and correctly, and we remember him appropriately.
The next person whom I wish to mention is my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind), because I agree that it is very important for us to consider the international approach. It is what we do next that matters, and we need to prepare the ground now. I want to talk briefly about the Helsinki accords, the process that they led to and the process of getting to them, and see where the parallels might be with the situation in the region that we are discussing today.
Very bravely, Gerald Ford signed those accords as President of the United States when neither he nor the idea of détente were at their most popular in the US. Nevertheless, off he went to complete the process, which involved 35 states. Many had views that were not consistent with one another, and many had a huge number of reasons to disagree with their neighbours.
Three baskets of themes were captured in those accords, the first of which was security. The idea was to give other member states the confidence that their military position and security issues would be treated fairly and justly. That would be achieved largely by states notifying one another what would happen.
The second basket was politics and the production of good governance—we should remember the governance of some of those states at that time, and certainly, for example, Romania. Good governance was an important part of the Helsinki accords, but it is also an element that we need to deliver in Afghanistan and elsewhere.
The third basket was culture and human rights. Oddly enough, the third basket turned out to be the most influential. Many commentators will now say that the Helsinki accords suggested to repressed people in those 35 states—obviously, I am talking in the main about eastern Europe—that we would give them the comfort and space to develop their interest in having human rights.
If we extend those three baskets, and in particular the third one, to Afghanistan, Pakistan and—critically—their other neighbours, we could engage them in a way that gives shape to their security and traction to better governance, and that starts to equip their people with the idea that they have space to develop their human rights. That model—it cannot be exactly the same as that of 30 or 40 years ago—could be a framework for international co-operation and for involving the various states that we need to involve. That is the kind of thing that would be of interest as we move towards a new phase of politics.
Neil Carmichael
I would prefer not to, but if the hon. Gentleman is quick, I will.
Martin Horwood
The hon. Gentleman makes an important point, and it may apply in unexpected areas. One of the points made by the Community Appraisal and Motivation Programme report, which I cited earlier, is that the frontier areas of Pakistan have never been fully integrated into Pakistani democratic politics. In effect, they still have the post-British colonial style of military administration. That has isolated people in those areas from mainstream politics, and indeed from the enjoyment of full human rights of the kind that he is describing.
Neil Carmichael
That is exactly right. Another interesting thing about the Helsinki accords is that, oddly enough, they recognised frontiers that had not been properly recognised before. The accords also enabled those frontiers to be changed through peaceful means. Funnily enough, that mechanism was used by the two German states that were unified in 1990. That is a parallel of what the hon. Gentleman says, although the situation is not precisely the same.
We should go down that route and look at the processes that were involved in the accords. We should ask who would participate and how far the region would extend. My belief is that it should be pretty big, and that we should think in terms of 20 or more states in the area. The UK, the US, and Russia and China ought to be involved in the process too.
That is a big project and it will not happen overnight—it will not happen very quickly at all. Most people would recognise that the Helsinki accords took an awful long time to produce anything, but produce something they did. The process worked. It enabled nation states to start understanding one another, to build better governance, and above all, to respect and promote human rights. That is the basis on which we should start, and it would be interesting to see how such a process unfolds if we develop that policy.
Stephen Gilbert (St Austell and Newquay) (LD)
It is a pleasure to follow my hon. Friend the Member for Stroud (Neil Carmichael) because, in putting human rights at the heart of the long-term stability of Afghanistan, he touched on an issue that I raised with the Prime Minister earlier today about the preconditions that we might put not on talks—I agree with my hon. Friend the Member for Basildon and Billericay (Mr Baron) that talks should be open and without conditions—but on power sharing.
The Afghanistan operation was legitimatised by the United Nations and was in this country’s national interest. Like my hon. Friend the Member for Cheltenham (Martin Horwood), I pay tribute to the 375 members of our armed forces who have lost their lives in that part of the world. This country has spent billions of pounds on the operation and committed itself to the mission in that region for more than a decade. That gives value to the nation’s overall commitment to delivering both our security and a better future.
The Foreign Affairs Committee report makes it clear that UK operations and those of the international community have led to some tactical successes on the ground, but the situation overall remains precarious. The military surge has no doubt played a key part in that, but it is not sufficient. The Prime Minister was right when he said today that we now need a political surge. That political surge should be Afghan-led, however. It is right that initial conversations are being had with the Taliban. However, when we look to a future of power sharing, rather than just negotiation, it is right that we ask ourselves: what are our red lines on women’s rights? What are our red lines on minority rights within Afghanistan? Are we going to ensure that any Afghan Government that includes the Taliban maintains freedom of worship and continues to develop democracy within its borders?
The repudiation of violence is, of course, the first step to legitimising the Taliban, but it is not the only step that they need to take and it should not be the only line that the UK Government should push in discussions. We owe it to those 375 members of our armed forces to ensure that we deliver in Afghanistan the kind of environment that we ourselves would want to live in.
Paul Flynn
The hon. Gentleman has described in these red lines an Afghanistan that never existed in the past 2,000 years. Is there not a great danger that our beliefs and our aim of securing these rights are so unobtainable that they will delay the peace process?
Stephen Gilbert
The Afghan constitution enshrines those rights. I am not seeking anything more or less than what is already in that constitution. I simply want to ensure that we do not move backwards by involving in the government of Afghanistan parties that might seek to go back rather than forwards.
Martin Horwood
My hon. Friend is making many important points. In response to the hon. Member for Newport West (Paul Flynn), is it not the case that if the Arab spring, the Arab awakening, has taught us anything, it is that these universal human rights and aspirations are present in every population? It is slightly patronising to regard them as inappropriate for some countries, even in places where we know that a perfect liberal democracy is not going to emerge in the short term.
Stephen Gilbert
As always, my hon. Friend makes a perfectly valid point. I have spoken in the House several times about the hope that the Arab spring is delivering to generations of people who have been excluded from the rights that we take for granted.
As the right hon. Member for Rotherham (Mr MacShane) disappeared into Vietnam, you might forgive me for mentioning Iraq briefly, Madam Deputy Speaker. We failed in Iraq; we made fundamental mistakes: de-Ba’athification, disarmament of the local militia and army, and demobilisation of a civic society. They were the wrong choices to take, and it took Iraqi society years to recover from them. To get Afghanistan right we need to learn those lessons. We need to ensure that we do not undermine Afghanistan’s society as it stands.
Rory Stewart
I wonder whether the hon. Gentleman might like to reflect on whether US expenditure of $125 billion a year and the presence of nearly 150,000 foreign troops are not likely to undermine local capacity and Afghan society in exactly the ways that he is warning against.
Stephen Gilbert
My hon. Friend makes a perfectly valid point, which is why I was encouraged by what our right hon. Friend the Prime Minister said earlier today. For every member of our forces leaving, there will be two local people taking those responsibilities forward. If I may touch briefly on recommendation 35 in the report—
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Will the hon. Gentleman give way?
Madam Deputy Speaker (Dawn Primarolo)
Order. The hon. Gentleman has said several times that he will not give way.
Stephen Gilbert
I note that the hon. Gentleman has not been in the Chamber for the debate—
Madam Deputy Speaker
Order. It is up to the Member who is speaking whether he wishes to give way to another Member, and the hon. Gentleman has said that he is not going to give way because of the time pressures.
Stephen Gilbert
Thank you very much, Madam Deputy Speaker. In the final minutes I want to look at some of the lessons that the report suggests we can learn for our actions and activities in Libya. The report says that we need a co-ordinated approach to post-conflict stabilisation, which is something that we have perhaps not succeeded in adopting in all the instances where our forces have been deployed in the past, particularly Iraq and Afghanistan. If we are truly to deliver a legacy in Libya that is worth the risks that our brave men and women are taking in that country, recommendation 35, which deals with the need for co-ordinated action, is crucial. We cannot have Departments squabbling over who is leading on post-conflict Libya or from which budgets post-conflict Libya will be helped. Departments need to work together and with their international colleagues. That is one of the key lessons that we can take from this debate.
Overall, the report—along with our international commitment—makes it clear that we as a nation cannot choose the history we live in to meet our budgets; rather, our budgets must be capable of meeting the history in which we find ourselves. We are a member of the NATO Parliamentary Assembly, and I am concerned that our contribution to that organisation will fall over the course of this Parliament to below the international minimum standard of 1.9%. Never again must the forces that we deploy be short of the tools that they need to do their jobs.
Mr Sheerman
I just want to explain why I was trying to intervene. The hon. Gentleman made the sweeping statement that we failed in Iraq. I was in the House at the time and voted for the Iraq war, and I do not believe that what we did to remove Saddam Hussein was a failure. The hon. Gentleman said that Iraq was a failure; I do not believe it was right for him to say that this afternoon.
Stephen Gilbert
I am grateful that the hon. Gentleman has managed to get his point on the record. As he knows, I was not in the House at the time. My position is that the Iraq conflict lacked international legitimacy and post-conflict reconstruction, and was a distraction from our important work in Afghanistan, which was in the national interest and did have legitimacy from the United Nations. I hope that the hon. Gentleman will be generous to me in future, as I allowed him to put his point on the record.
We as a country have an international obligation to spend 2% of GDP on our defence. Over this Parliament we will fall short of that. Never again must we allow our forces to cry out that they lack helicopters, body armour, boots or protective vests. Our role in this place is to be clear about the policy objectives, clear about the need to resource them properly and confident in our military’s capability to deliver those outcomes.
Mr John Spellar (Warley) (Lab)
We fully recognise how the extraordinary events of the past few days have impacted on the length of this debate and possibly on the attention that it will receive outside the House. It is probably true that
“The world will little note, nor long remember, what we say here”
today, but this debate is important, not least for those who have served, who have been injured and who have died in the conflict in Afghanistan.
In the time available to me, I want to deal with three main issues. The first is the prospects for Afghanistan and, as I stressed in our debate on this subject in May, the role of the regional powers. The second significant issue is the impact of all these developments on the stability of Pakistan. Finally, I want to talk about the report—and more significantly, the Government’s response to it—and the provision of equipment for our troops. As I have said, we debated this subject less than a couple of months ago. We have to address the tragedy of Afghanistan under Taliban rule and insurgency, and ask what our best approach is to enabling Afghanistan and its people to come out of this nightmare.
Interestingly, a number of Members of both Houses recently visited the exhibition at the British Museum on early Afghanistan, which presented a very different picture from the TV coverage showing a dusty wilderness and a population living in the middle ages. The exhibition showed early Afghanistan as an ancient centre of civilisation with a significant position at the crossroads of the ancient world and a rich cultural tradition. For an example, one has only to think of the Buddhas of Bamiyan, which were constructed in the sixth century and, sadly, destroyed by the vandals of the Taliban. In the Prime Minister’s statement today, he also drew attention to many of Afghanistan’s strengths, including abundant mineral wealth, fertile agricultural land and a position at the crossroads of Asia’s great trading highways.
Mr MacShane
Is my right hon. Friend aware that, up until about 1970, a Marks & Spencer was open and functioning in Kabul? Should it be an objective of British foreign policy to get M&S back there?
Mr Spellar
Similarly, the symbol of the end of the cold war was the appearance of McDonald’s in many capitals in eastern Europe.
We should also remember how much of Afghanistan’s ancient civilisation was destroyed by nihilist tribes, in a pattern not dissimilar to what is happening today. We need to focus on the process of political dialogue and reconciliation in Afghanistan, as well as on a political settlement in which enough Afghan citizens from all parts of the country have a stake. The central Government there also need enough power and legitimacy to protect the country from threats, from within and without. That first proposition depends on there being a new external settlement that commits Afghanistan’s neighbours to respecting its sovereign integrity, as well as a process by which the ex-combatants there can acquire civilian status and have an opportunity to gain sustainable employment and income.
Afghanistan will then require reconciliation. This will include ensuring that tribal, ethnic and other groups are represented and recognised. Parliament and parliamentarians should also be recognised and encouraged. In that context, we were all interested in, if not intrigued by, the proposal for an exchange of Speakers. We were wondering whether the Speaker might seek to delegate that responsibility, a prospect that caused some alarm to your predecessor in the Chair, Madam Deputy Speaker.
I shall turn first to Pakistan, however. I say to the Chairman and other members of the Select Committee that, if I have a concern about the report it is that the content does not fully reflect its title, “The UK’s foreign policy approach to Afghanistan and Pakistan”. The section on Pakistan takes up only about six of the 97 pages, and looks largely at the effect on the campaign in Afghanistan of action in and by Pakistan. Frankly, the more important strategic issue is the impact of Afghanistan on Pakistan.
Pakistan is a country of 160 million people. It is the second-largest Muslim country in the world, and it has a significant military and nuclear capability. It is also, as the Foreign Secretary has rightly acknowledged on behalf of Britain, a country that has suffered considerable losses from fundamentalist terrorism, and it continues to do so. We need to think seriously about Pakistan’s concerns and prospects, and to take into account a factor that is sometimes overlooked—namely, its need to recover from the horrific flooding that it has experienced.
That is why the announcement of continuing aid to Pakistan by the Department for International Development is encouraging, and welcomed by the Opposition, especially the scaling up of investment in effective, non-fundamentalist education to £446 million a year by 2015. Pakistan faces, in the words of a DFID publication, “an educational emergency”, with 17 million children not in school, half the adult population and two thirds of the women unable to read or write—and the population is escalating. We have to be clear in this context that there is a considerable onus on the Pakistan authorities to ensure that the money reaches its intended recipients. As DFID says, aid is
“dependent on securing value for money and results and will be linked to the Government of Pakistan’s own progress on reform, at both the federal and provincial levels, including taking tangible steps to build a more dynamic economy, strengthen the tax base and tackle corruption.”
That places a clear obligation on Pakistan to improve its administration, especially in tax collection, to foster a more open and pluralistic society and, last but by no means least, to engage in dialogue to reduce tension with India, which occupies so much attention and resources in both countries. My right hon. Friend the Member for Rotherham (Mr MacShane) mentioned the Indian obligations, and there is an obligation on both sides of the divide if dialogue is to be used to reduce that tension.
What of India and the other regional powers? They were mentioned by a number of hon. Members—the hon. Members for Stroud (Neil Carmichael) and for Cheltenham (Martin Horwood) and particularly the right hon. and learned Member for Kensington (Sir Malcolm Rifkind). It is true that all the regional powers could seek to pursue their own separate interests, looking on Afghanistan as a zero-sum game. We should make no mistake; it certainly could be like that. Indeed, if the situation in Afghanistan unravels, it could end up being a negative-sum game for those countries. The creation of a black hole of political intrigue, anarchy and violence in Afghanistan could impact in very different but very significant ways on all its neighbours.
China, as we know, has considerable Islamic problems in its western province, but also has considerable investment in Afghan resources. Russia faces the potential of instability on its southern flank and also has a significant drugs problem. Iran has a minority group in Afghanistan and also feels the impact of the drugs trade. Turkey has growing regional influence. India has a long and historic, but also a current and dynamic, interest in Afghanistan. Part of our strategy for disengagement will thus depend very heavily on the extent to which the regional powers can co-exist and work together for a progressive solution for Afghanistan.
Thomas Docherty
Does my right hon. Friend share my concern about the role of Tehran in destabilising both Afghanistan and the wider region? Does he share my assessment that we cannot allow Tehran to continue down this destructive path indefinitely?
Mr Spellar
That is certainly to be encouraged, but Tehran will have a degree of involvement. It has a Persian minority within Afghanistan, it is a significant power within the region and it suffers considerably from the impact of the drugs trade on its own population. It will thus have to be engaged in its own interest.
Paul Flynn
My right hon. Friend will recall that when we went into Afghanistan, one of the reasons for doing so that we heard from the Dispatch Box was that Afghanistan provided 90% of the heroin coming into Britain. Will he remind us what percentage of heroin comes to this country from Afghanistan after the sacrifice of 375 British lives?
Mr Spellar
Still far too much, but I think my hon. Friend would also recognise the role of the Taliban in that trade and the money they obtain from it to fund their activities. As I point out again in this context, it is in the interest of the wider world and in the particular interests of the regional powers to act along the lines I mention and the regional powers obviously need to be engaged in the process.
Let me deal now with the Select Committee report. There has understandably been a debate about the decision to announce a deadline for British combat withdrawal by 2014 and about the manner in which it was taken. This features quite strongly in the report and was obviously the subject of the Prime Minister’s statement today, which was welcomed by the Leader of the Opposition.
I have to say, however, that the Government’s response was, frankly, inadequate—almost embarrassing—and if I were a member of the Select Committee, I would have been rather insulted by such an inadequate response to the very significant questions that it posed. The Select Committee might well want to pursue these at a future date. It reads very much as a “seat of the pants”, “top of the head”, “don’t bore me with the details” response.
Let us examine the Government’s response to paragraphs 156 and 157, which makes it clear that the 2014 decision was not made by the Cabinet or even the National Security Council. My right hon. Friend the Member for Rotherham quoted from it earlier. The decision
“was made by the Prime Minister following discussions with a number of senior Ministers”.
It is not even clear whether those discussions took place collectively or individually. Obviously, in this context, sofa government is alive and well.
Nowhere in their response do the Government answer the Select Committee’s questions about what advice they had received from the military before the decision, and we consider that a significant omission. Equally unclear—especially in the context of the many references today to our engagement with the United States—is the answer to the question asked in the Select Committee about what consultation the United Kingdom had had with the United States. I do not know whether there has been any subsequent communication from the Government to the Committee on the subject, but the reply given on May 2011 did not match the significant questions that the Committee had posed. That is no way to run a war, and it is certainly no way to treat a Select Committee.
Further questions arise from today’s statement by the Prime Minister. First, it is clear that a dozen helicopters were ordered by the previous Secretary of State. The current Secretary of State, when he was the Opposition spokesman, raised the issue regularly—according to an estimate by my hon. Friend the Member for North Durham (Mr Jones), about 161 times—before the general election. Now he has put the order on hold. Given that the Prime Minister has committed British forces to two more fighting seasons, will the Government activate this order immediately? I gave the Minister notice of that question. I hope that he has a reply, not only for me but for the House, and, more important, for the troops.
Secondly, the Prime Minister announced a continuing military relationship with Afghanistan, and stressed that it would not involve a combat role for our troops. We have to ask—and the military too will seek an answer to this question—how force protection will be provided, and by whom it will be provided. We must also think again about the dangers of mission creep.
Because I want to give the Minister time to respond, I will end my speech now. The role of the Opposition in these matters is to support the national interest and, in particular, to take a long-term view of the issues and support our armed forces. However, on behalf of the country and our troops, we must also hold the Minister and the Government to account for their performance, and we look forward to the Minister’s reply to the questions that he has been asked.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
I thank the House for its attention. I agree with the right hon. Member for Warley (Mr Spellar) that it is a pity that the debate fell where it did in the timetable, but, although there was huge interest in the Prime Minister’s statement earlier, I do not think that that detracts in any way from the importance of what we have been discussing or the manner in which it has been discussed.
Before I deal with the substance of the debate, I want to respond to the speeches made by my hon. Friend the Member for Croydon South (Richard Ottaway), the Chairman of the Select Committee, and the right hon. Member for Warley, the Opposition spokesman. My hon. Friend led the debate extremely well, referring to the Foreign Affairs Committee’s important report and guiding us through a number of the issues. I shall deal later with some of the points that he raised about transition, political reconciliation and the drawdown issues, but first I want to deal with his point about intelligence. I know that he raised it with the Prime Minister earlier today.
My hon. Friend observed that, understandably, we rely on intelligence reports to guide actions and give ourselves a sense of whether, for example, al-Qaeda might still be in the area. He asked how this intelligence could be scrutinised, particularly given the intelligence queries in respect of Iraq, and he wondered whether there was further scope for parliamentary activity. I have to say that I doubt that. We undertake rigorous analysis through the Joint Intelligence Committee to assess the terrorist threat to the UK, drawing on analysis from across the agencies, the MOD and the joint terrorism analysis centre. Ministers receive that advice to inform their decision making. We have all learned the lessons from the experiences over Iraq, and we continue to carry out the most rigorous scrutiny of these issues. The assessment is that while the threat has diminished, it has not disappeared.
Although I wish I could, I cannot see how the intelligence on which Ministers operate daily could be made available for the immediate analysis my hon. Friend has in mind. I understand his point, however. The onus is on the Government to handle the intelligence correctly because information is made available subsequently, and the process for confirming the information on which Ministers act at the time is rigorous. At present, however, I cannot see any means whereby Members might be more involved. I will address the substance of my hon. Friend’s remarks in the course of my speech.
I will also deal with the points the Opposition spokesman, the right hon. Member for Warley, made about Pakistan and regional powers, but first let me deal with the specific issue about the Chinooks, which he was good enough to raise with me in advance, so that I can give him clarification and make clear what the Prime Minister said today. Nothing has changed since the announcement we made in the strategic defence and security review. We plan to buy 12 additional Chinook helicopters, as the Prime Minister confirmed today, and a further two to replace those lost on operations in Afghanistan in 2009. The MOD is working towards the main investment decision on the helicopters. In the meantime, Boeing is under contract to continue all critical path work to ensure that the delivery time scale for the aircraft is met. So that is a definite commitment, but no order has been placed, and we are exactly where we were before the Prime Minister spoke today.
Mr Spellar
Can the Minister therefore give us any idea, even within broad parameters, of when it is likely that that order will be confirmed, and helicopters will start to arrive for our troops?
Alistair Burt
In all fairness, I cannot. This is a matter for the Secretary of State for Defence. The investment decision is in the process of being made. Our troops, of course, have helicopters. The aircraft we are currently discussing will be deployed in Afghanistan in the very long term, if they are deployed at all bearing in mind the time scales of our commitment to Afghanistan. There is no issue about the availability of helicopters now, however. As the Prime Minister said, the situation is much improved from that in previous years. We believe that the kit that is available to troops is entirely appropriate; adding to it through the future Chinooks will be important, but the availability of kit now is absolutely right.
I do not want to say too much about the question the right hon. Gentleman raised about decision making in respect of 2015. That would open up a debate on decision making by Government, in which I do not believe his predecessors would come out terribly well. We are therefore content to rely on the perfectly proper answer in the response to the report.
As always, debates on Afghanistan and Pakistan attract contributions with no little passion, and occasionally a lot of soul searching, from Members with a wealth of experience and insight to offer on the UK’s most important foreign policy commitment. I am therefore indebted to all colleagues who have spoken in our brief, but important, debate. We have looked at origins, intentions and policy. We have queried success and failure. We have looked ahead with varying degrees of optimism or pessimism to where we might be going and why, and the contributions from all have been good, even though I have disagreed with some of the judgments made.
In responding to my hon. Friend the Member for Croydon South and his Committee, I wish to reaffirm our strategy and relate developments on it to some of the issues highlighted by colleagues in the debate and in the report itself. I then wish to pursue one or two specific points that colleagues have made today. I apologise in advance for not being able to cover every question, but I will write to colleagues who asked specific questions that I am not able to deal with now.
Our strategy for Afghanistan, as repeated clearly by my right hon. Friend the Prime Minister this week in Afghanistan and again this afternoon, is clear and straightforward: we are in Afghanistan, with others, to ensure our own national security by helping the Afghans to take control of theirs, so that Afghanistan cannot be used in the future as the base for al-Qaeda terrorist attacks, which have taken too many lives in the United Kingdom and around the world. That aim is pursued through three inter-linked strands, which incidentally but not coincidentally do make for the better Afghanistan that my hon. Friend the Member for Basildon and Billericay (Mr Baron) understandably seeks. Those strands are: political progress; development aid to help create and ensure the progress of a viable state; and, of course, security. This Government are totally focused, on behalf of all their citizens and especially those who are sacrificing so much in delivering on that aim.
Having looked at the Committee’s report and having listened to today’s debate, I wish to offer responses on progress under the following headings, which I think cover most of the things that colleagues have raised: transition and security, including issues relating to draw-down; political settlement and reconciliation; development progress towards a viable state; and Pakistan, which is a fundamental element.
On transition, the shared aim of the United Kingdom, the Afghan Government and our international colleagues is to ensure that the Afghan national security forces are in the security lead in all provinces by the end of 2014. We are making good progress towards that aim. The first tranche of areas to begin the transition process was announced by President Karzai in March, and implementation is due to begin on 20 July. It is testament to the excellent work that British forces are doing in Helmand that Lashkar Gah will be among that first tranche. Like all colleagues who have spoken today, I wish to pay tribute to all British military personnel who have served in Afghanistan. Their courage and dedication has allowed for the progress that has been made so far. The training and development of the Afghan national security forces is at the heart of the transition process. Since December 2009, those forces have grown by more than 100,000 personnel and will grow by an additional 70,000 in the next year. Quality is also rising, as is the Afghans’ pride in their armed forces.
Alistair Burt
I wish to make some progress. A lot of colleagues were able to give up two and a half hours to this debate and I would rather concentrate on the issues they raised, rather than on the hon. Gentleman, who came in very late—I hope he will forgive me.
Good progress is also being made on the expansion and improvement of the Afghan national police, and that is also a key part of ensuring security for the future and transition. The UK has funded the construction of 12 new police stations in Helmand province, and since its establishment in December 2009 more than 1,000 patrolmen have graduated from the Helmand police training centre. I have had the good fortune to see for myself the work being done in Lashkar Gah at the police centres and to spend time with Bill Caldwell talking about the training of the national security forces. Progress is being made and there is a growing confidence about this process, but, as with all things relating to Afghanistan, progress is never linear. This is not something that will go smoothly all in one direction; and there will be setbacks and we will take steps backwards before we move forward. However, genuine progress is being made, and the House is entitled to take note of it and feel some pride in it because of the work that has gone into creating that situation.
On security and draw-down, the Government welcome President Obama’s recent announcement on the draw-down of US troops from Afghanistan. We agree that substantial progress has been made towards the international community’s shared objective of preventing international terrorists, including al-Qaeda, from again using Afghanistan as an operating base. This is not simply about whether al-Qaeda is operating there now. The issue is: can the area be made sufficiently secure to ensure that al-Qaeda does not come back in future? That progress has been hard won and the announcement is a sign of success.
As was mentioned by a number of Members, including in interventions that I appreciated from the hon. Member for Dunfermline and West Fife (Thomas Docherty) and my hon. Friend the Member for Penrith and The Border (Rory Stewart), that draw-down has coincided with the notification of draw-down made by my right hon. Friend the Prime Minister. He made a further comment today about reducing our force level by a further 500 to 9,000 by the end of 2012. The decision has been agreed by the National Security Council on the advice of our military commanders, which reflects the progress that has been made in building up the ANSF. For the benefit of my hon. Friend the Member for Penrith and The Border, let me simply say that the Prime Minister said this afternoon:
“This marks the start of a process that will ensure that by the end of 2014 there will be nothing like the number of British troops who are there now, and they will not be serving in a combat role. This is the commitment I have made, and this is the commitment we will stick to.”
This afternoon, there has been discussion about what the draw-down means and about whose incentive is greater. Our assessment is that the incentive for the Taliban to get involved in reconciliation is very clear, as the greatest imminent threat is faced by those who stay outside the process and continue to conduct operations against ISAF forces. The incentive is there for the Afghan security forces to continue the preparation work they are doing. That is the reason for draw-down dates and our sense is that steady progress is being made that vindicates the dates that have been given.
Dr Julian Lewis
I understand the incentive while drones are still killing Taliban in the run-up to the end of 2014, but what incentive will the Taliban have to stick to any deal that is reached or to go through with a deal after 2014? Are we going to be firing drones from outside the country?
Alistair Burt
My hon. Friend is taking far too little notice of the improvement and strength of the Afghan national security forces in their own right. It is they who will carry on the fight on behalf of their people against those who threaten their state. To assume that this is a practice that only we are engaged in and that only we can be engaged in is unfair to the growing success and strength of the ANSF. That is the incentive for the future.
It is vital to recognise that the absence of combat troops does not mean a lack of interest from those who have created the conditions for what we hope will be a secure—
Alistair Burt
No, I have only three minutes left.
Let me turn to the political settlement. Despite the military gains that have been made, it is common cause in the House that we need not just a military answer but a political settlement and reconciliation. We strongly support the Afghan-led efforts that are being made to encourage the process of integration and reconciliation. We support the work that has been carried out this year through various international conferences and by the High Peace Council as well as the direct engagement with the Taliban from the Afghan community on the basis of the conditions set by President Karzai: renouncing violence, cutting links with terrorist groups and accepting the constitution.
In answer to those who queried the issues to do with preconditions, let me say that our understanding is that the Afghan-led process is about those who are prepared to accept the conditions stated, not about meeting those conditions in the first place. As my right hon. Friend the Prime Minister said in his statement this afternoon, we are looking towards a situation in which the conditions are met but early negotiations might take place in a situation that is not clear. It is important that the conditions laid down by President Karzai are ultimately accepted. We welcome the engagement of the United States and the recent comments made by the Secretary of State about US involvement.
The third leg is the viable state. We should all pay tribute to the work done by DFID in particular, and I am pleased to welcome my hon. Friend the Under-Secretary of State for International Development to this debate. From 2001 to 2011, DFID has spent £960 million in Afghanistan and over the next four years it will spend £712 million. We have seen improvements in education, health and the economy. May I also pay tribute to those outside Government, such as Karen Woo and Linda Norgrove, who gave their lives for the development work in which they were engaged, showing its importance?
I do not have time, I am afraid, to deal with Pakistan. I accept the comments made by the right hon. Member for Warley and perhaps I may write to him about the importance of Pakistan in the future. Engagement with Pakistan is crucial and we have productive intelligence work. It is essential that those in Pakistan are engaged both with Afghanistan and with dealing with the issues in their own country, which has suffered so much.
In conclusion, Afghanistan debates illustrate the depth of engagement of Members of the House in the issue. Our commitment is clear: notwithstanding the complexities for the country, its relationship with others in a region desperate for stability and the variable factors that will determine its future, our aim of a secure Afghanistan in the hands of its people, secure from its enemies and from those of the rest of us, can be realised.
Department for Communities and Local Government
(12 years, 10 months ago)
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Home Office
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ESTIMATES, 2011-12
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Business without Debate
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Madam Deputy Speaker (Dawn Primarolo)
With the agreement of the House, I shall group motions 6 to 12 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
International Development
That the draft Caribbean Development Bank (Further Payments to Capital Stock) Order 2011, which was laid before this House on 12 May, be approved.
That the draft Inter-American Development Bank (Further Payments to Capital Stock) Order 2011, which was laid before this House on 12 May, be approved.
That the draft Inter-American Development Bank (Contribution to the Fund for Special Operations) Order 2011, which was laid before this House on 12 May, be approved.
Immigration
That the draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011, which was laid before this House on 23 May, be approved.
That the draft Immigration (Provision of Physical Data) (Amendment) Regulations 2011, which were laid before this House on 23 May, be approved.
Environmental Protection
That the draft Environmental Permitting (England and Wales) (Amendment) Regulations 2011, which were laid before this House on 13 June, be approved.
Terms and Conditions of Employment
That the draft National Minimum Wage (Amendment) Regulations 2011, which were laid before this House on 13 June, be approved.—(Miss Chloe Smith.)
Question agreed to.
COMMITTEE ON MEMBERS’ ALLOWANCES
Motion made,
That Standing Order No. 152G (Committee on Members’ Allowances) shall be amended as follows—
(1) in line 2, leave out ‘Allowances’ and insert ‘Expenses’; and
(2) leave out lines 3 to 17 and insert ‘to consider such matters relating to Members’ expenses as may be referred to it by the House;’.—(Miss Chloe Smith.)
Hon. Members
Object.
REVIEW OF PARLIAMENTARY STANDARDS ACT 2009
Motion made,
That, further to the instruction to the Committee on Members’ Allowances of 12 May, it be an instruction to the Committee on Members’ Expenses to report to the House on the review of the Parliamentary Standards Act 2009 by 31 December 2011.—(Miss Chloe Smith.)
petition
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Mr Lee Scott (Ilford North) (Con)
I thank my colleagues the hon. Member for Ilford South (Mike Gapes), the right hon. Member for Barking (Margaret Hodge), the hon. Member for Dagenham and Rainham (Jon Cruddas), my hon. Friends the Members for Hornchurch and Upminster (Angela Watkinson) and for Romford (Andrew Rosindell), my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), the hon. Member for Leyton and Wanstead (John Cryer) and all the volunteers who have helped to get the exceptional number of 32,000 signatures to this petition on the accident and emergency and maternity services at King George hospital.
The petition reads:
The Petition of the residents of North East London and others.
Declares that the Petitioners believe that the proposed closure of accident and emergency and maternity wards at King George Hospital Redbridge would not be in the best interests of the people living in these constituencies.
The Petitioners therefore request that the House of Commons urges the Government to take all possible steps to stop the proposed closure of the A&E and maternity wards at King George Hospital.
And your Petitioners, as in duty bound, will ever pray.
[P000934]
Football Clubs in Administration
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Alison Seabeck (Plymouth, Moor View) (Lab)
No town or city wants to see its football team go into administration, and it certainly does not want it to be docked 10 points, which leaves it with an even bigger mountain to climb, but that is what has happened to Plymouth Argyle.
The club’s problems do not end there, and I would like to draw on its experience to highlight the problems undoubtedly experienced by the 36 English clubs that have gone into administration since Charlton Athletic did so in 1984. I hope that the Minister will share these concerns, and go away, investigate and discuss them with those involved in running football. I do not want to see another club go through what Plymouth Argyle has gone through. I am sure that their best known supporter, Michael Foot, will be turning in his grave; indeed, in some ways I am pleased that he is not here to see what has happened and the misery that has been heaped on loyal staff and supporters, because he followed the club through good times and bad.
There were good times, and I must thank Gordon Sparks—Sparksy—for reminding me of some of the highlights of a club which was formed in 1886, joined the Football League in 1920 and got to the FA Cup semi-finals in the 1983-84 season—the same year in which the team were league two champions. I also thank Lee Jameson on behalf of the supporters for the information that he gave me in preparation for this debate. Plymouth has an incredibly loyal “green army” of supporters—and there are at least two of us in the Chamber—but their patience has been sorely tested.
Following a winding-up petition in November 2010, the staff faced Christmas without full pay packets. Learning from Exeter City’s experience, the supporters rallied round, and in December set up a trust designed to offer support to the then board and raise funds to support the staff and their families.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
My hon. Friend mentioned the establishment of a supporters trust, and I declare an interest, as I was involved in the establishment of the Fulham supporters trust some eight years ago. The important role of Supporters Direct in helping to support supporters such as those in Plymouth who are setting up a trust should not be underestimated. Does she agree that it is regrettable that the funding for Supporters Direct is under threat because of the problems that the premier league has with the former chief executive? I hope that the Minister can help to persuade those involved to resolve that problem as soon as possible.
Alison Seabeck
My hon. Friend makes an interesting point, and I hope that the Minister has heard his plea, because supporters trusts and Supporters Direct have been immensely helpful to a number of clubs.
In Plymouth the staff have been asked to sign away or defer payment of their salary. In the main, we are talking about some very low-paid people who were presented with a form to sign after the club to which they feel great loyalty was threatened with closure. With little opportunity to obtain expert advice on whether signing was the right thing to do, they signed, and most have struggled since, signing further salary deferrals. Some have now had no option but to take redundancy. The hon. Member for Plymouth, Sutton and Devonport (Oliver Colvile) and I spent quite a lot of time with the staff looking into their problems; none the less, they are in a difficult position.
The irony is that these are the very people who are keeping the ground in condition to start the next season. The players are protected to some extent by the Professional Footballers Association, and I had a brief word with Gordon Taylor about the position. He shared my concern that there was no protection for all the other staff. It was a struggle to see last season out, with relegation almost guaranteed, despite some amazing and spirited performances by a team that must have been feeling the pressure. Peter Ridsdale stepped in when most of the old board resigned and, in all fairness, worked to get to the bottom of the finances and pay key bills. At the time, he was welcomed. Help also came, as I have said, from the Plymouth Argyle Supporters and Training and Development Trust, which lent the club a not insubstantial amount. Then came the cloak and dagger stuff—the secret discussions between the administrator and various bidders. Plymouth’s local paper, The Herald, struggled to get to the bottom of the question of who they were.
We have all had concerns about what checks have been carried out to ensure that they are fit and proper people to run and sustain a football club. Where are the assurances of the ability of these bidders to meet the financial demands of running a club? Rumours have circulated about what various bidders might have wanted as part of the deal, and concerns have been expressed that they might asset-strip, including developing the current practice ground. Although no one has said that this is true, it does not help to build confidence in those most closely linked to the club, especially the supporters.
What checks are carried out by the Football League on such matters? Very few, I suspect, yet this is a sport of national importance. Where is the transparency that the administrator promised in a BBC interview? Nine days later he was quoted as saying that he did not have to know who was financing the bid. Given the amount of money that circulates at the top of football among clubs which, in some cases, use the lower division clubs as nurseries for up-and-coming stars of the future, I find it astonishing that some contribution could not come from them and/or from the Football League clubs to support the administration and ground staff when such circumstances arise, as a sort of insurance policy.
Others are affected too, especially small businesses linked to football clubs. The Federation of Small Businesses has pointed out that most football clubs operate as small or medium-sized enterprise, employing fewer than 250 people and, like other small businesses, often find it difficult to access credit from the major banks. As a result they often turn to smaller creditors, and similarly contract through many small companies. The impact of such a business going into administration can, therefore, have a knock-on effect on several other local businesses.
I ask the football authorities to look again at the negative impact of the points docking system. Is it really achieving their original aim? Is it punishing the right people? Will the Minister explain why the rules for football clubs placed in administration are different from those for other companies? I believe that Lord Sugar has in the past expressed concern about this.
Damian Collins (Folkestone and Hythe) (Con)
I anticipate that the hon. Lady might be about to mention the football creditors rule. Earlier she spoke about the impact on small businesses. Does she agree that the football creditors rule has no place in football today, and that it acts as a disincentive for clubs to deal responsibly with each other and punishes local businesses, while protecting the interests of other football clubs and former players who might be hundreds of miles away?
Alison Seabeck
I thank the hon. Gentleman for making that point. He has made it in far more detail than I intended to do. I shall reinforce it later, and I hope that the Minister will listen.
Lord Sugar made plain his view that—I paraphrase—the money thrown at clubs by television companies should be put into a trust, and half of it distributed to the clubs to spend, perhaps on players, but also to do other things. Protecting the staff in times of difficulty would be a worthwhile cause.
There are many questions specific to Plymouth which still need to be answered, despite the fact that we understand that the takeover has gone through today and the papers have been signed. Does the takeover proposal provide sufficient cash for the creditors to be paid in full, as regulation demands? Will the Football League be satisfied enough to hand over the competition share, or will deferred debts, including the remaining unpaid salaries, not be paid or simply stack up, rather like an individual in debt who puts the bills behind the clock in the hope that they will go away? Is the Football League happy that neither party to the deal is likely to be subject to any other outside investigations, which could throw their role at Argyle into confusion?
Although the various parties have signed on the dotted line today, it is still not clear whether this is the end of the story. Will they be able to get on and prepare the club for next season—and, we hope, promotion at the end of it? It will not be easy. Media stories are still circulating about concerns among former bidders that do not appear to be going away. We may never know who the mystery shareholders and directors from the Gibraltar-based company are. The lack of transparency is hugely concerning.
With clubs in the lower leagues spending £4 for every £3 that they generate in revenue, reduced Football League distributions in 2012-13 because of lower broadcasting rights values, and a range of other pressures, clubs elsewhere in the league could face the type of misery that Plymouth is going through, with all sorts of people waiting to pick up the pieces. Some of them care about football and some do not. Some should be allowed to run a football club and some should not be allowed to run a sweet shop. I urge the Minister to take a close look at what is happening in Plymouth and take action to encourage the sport to take better care of its assets—the people who work for and support it.
Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
I begin by thanking you, Madam Deputy Speaker, for calling me to speak in this debate, and by congratulatingthe hon. Member for Plymouth, Moor View (Alison Seabeck) on securing it. I hope that she and I have illustrated that Plymouth MPs can work together across the political divide when Drake’s drum starts to beat. It is apt that we should be having this debate today, because Plymouth Argyle, which is based at Home Park in my constituency, and has been in administration since March because it could not pay its tax bill, has at long last concluded its negotiations and is in the process of being bought—in the near future, I hope.
I will not pretend for one moment to be the greatest of football fans, but I am a member of the Plymouth Argyle fans trust. I cannot explain the off-side rule with any sense of certainty, but I do know how important it is for a city with a population of 225,000 to have a football club that plays in the Football League. Plymouthians are very proud of Argyle, but they are less enthusiastic about its directors, who have caused so much angst and about whom they have been forced to read so regularly in the Plymouth Evening Herald.
The green army, as Argyle’s supporters are known, will be relieved to learn that they might be watching professional football during the coming season. Although crowd sizes fluctuate, there is a real sense of community support for the club, the players and the back-room staff. When it was announced in April that the back-room staff were not being paid, the supporters formed the Green Taverners to raise funds to help those loyal employees. The city council acted with great sensitivity and speed and agreed to delay those employees having to pay their council tax until they had been paid their salaries. I have nothing but praise for Councillor Vivien Pengelly, the leader of the council, who acted with such speed.
Plymouth Argyle’s employees should never have been put in that situation. The directors at the time behaved irresponsibly. They thought that they could use the club to make money for themselves through a property deal. Property development is something that I know quite a large amount about, because before I entered this place I ran a communications company that helped developers regenerate land and managed planning for real weekends. Indeed, I retain an interest in the company, so I suppose I should declare an interest.
Betting on England winning the world cup bid and Plymouth being one of the venues for some of the matches, the Argyle directors came up with a proposal to develop the stadium and use green undeveloped park land owned by the city council—before discussing it with officers or local politicians. I fully support the leader of the city council, who made it abundantly quite clear so some time that this would not be possible. I very much hope that the other political party on the city council supports Councillor Pengelly’s lead.
Perhaps someone could explain to me why normally sensible business men leave their business brains at the turnstiles when they get involved in football clubs. They seem to think that they can be clever and play property deals with clubs. At Plymouth Argyle the ground was owned not by the club but by a third party. Indeed, I understand that under Football League rules the directors were allowed to assign their interests in central distribution rights, including proceeds from television coverage, to a third party, Mastpoint. Therefore, when the club went into administration and the back-room staff were not being paid, the Football League froze any money from central distribution rights and would not release it, because they were concerned that it could face a claim.
I ask a very simple question: is that fair? Is it morally right that small and medium-sized enterprises and clubs’ backroom staff should have to wait to be paid—and, potentially, have to take less than they are owed, despite supplying goods and services in good faith—when some sharp-suited developer is allowed to keep the proceeds of those central distribution rights? I do not think so. In recent times the bankers have been criticised for being paid their bonuses when others have had to go without, so why are owners of football clubs allowed to play loose and free with moneys that should be used to settle debts? There is a moral imperative here.
I understand that the Culture, Media and Sport Committee has been holding an inquiry into football governance, and I shall write to the Committee’s Chairman tomorrow, because I am very concerned that the central distribution rights, which include the proceeds from television coverage, should be made available to the club rather than going to third parties, so that organisations and people who are owed money can be paid. That needs to be investigated fully. I shall also write to suggest that clubs be required to have some insurance, so that if a club gets into difficulties, back-room staff and creditors are always paid.
This has been a difficult time for Plymouth Argyle football club, but I hope that the new owners will have learned a significant amount from what has happened, and will not try property development before running a successful football club.
The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (John Penrose)
I echo Members’ congratulations to the hon. Member for Plymouth, Moor View (Alison Seabeck) on securing this very important debate. She has made very clear her passion for the local football team, as indeed has my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile). He also showed that he is heavily involved, and whether or not he is an avid football fan he is clearly a powerful advocate for the club.
As both local MPs said, everyone believes that a deal on Plymouth Argyle’s future has been completed today. The BBC Sport website states, however, that the agreement is conditional on the Football League’s ratification. The hon. Lady said that she has some concerns about all the criteria that the Football League may consider during ratification, so the process is not technically or entirely complete, and it is theoretically possible that the league will take a different view, but we will have to wait and see. It is very much up to the football authorities to make that decision one way or another.
I must apologise, because Members will have doubtless noticed that I am not the Minister for Sport and the Olympics, who is in South Africa doing something, I am sure, terribly glamorous and wonderful, but he has asked me to stand in for him, and I will endeavour to respond appropriately. I know that he will be following this debate very closely and will take a close interest in the reports on it.
Both Plymouth Members mentioned the fact that the Culture, Media and Sport Select Committee is completing an inquiry into the governance and regulation of professional football clubs. Its inquiry, which the Government have welcomed and given evidence to, is considering a range of issues that affect the way our national game is run, and the focus of the inquiry is on strengthening the financial health of the game.
We all look forward to receiving the Committee’s report—the Government certainly do—and its recommendations in due course, after which the Minister for Sport and the Olympics will set out the Government’s official response. He has mentioned it several times, and he is very keen to do so just as soon as the report is in.
May I echo the praise that both local MPs have showered on the fans, players and staff of Plymouth Argyle for their continuing efforts in keeping the club going? It is a perfect example of what the Prime Minister calls the power of the big society, whereby local communities come together to tackle common causes and unite behind a theme. Plymouth Argyle can be added to a long list of football clubs—Leeds United, Portsmouth and Crystal Palace to name just a few—that in recent years have fallen into serious financial trouble.
There is a worrying statistic that since 1992 more than 40 of the Football League’s 72 clubs have been insolvent at one stage or another. I should confess at this point that, although I of course support my local club in Weston-super-Mare, historically I have supported Ipswich Town as a “tractor boys” fan, and it had a little financial difficulty a few years ago, so I guess that it counts as one of the clubs in that statistic.
It is of course important to differentiate, as the hon. Member for Plymouth, Moor View did, the elite clubs in the premier league that command the most money and can therefore pay their players the greater salaries from clubs such as Plymouth in the lower divisions that operate on a far tighter shoestring. The latter rely on local businesses, sponsors, hospitality and so forth for their revenues to a much greater extent than premier league clubs.
If football today is as popular with supporters, advertisers and broadcasters as it seems, there are legitimate questions about why so many of our clubs face the prospect of having to sell their grounds, and why they cannot afford to pay players and staff or repay debts owed to local businesses. Those are the questions that the football authorities, which are entrusted to administer the game and our clubs, must continue to address seriously, as both MPs from Plymouth have pointed out.
When the Football League chairman, Greg Clarke, gave evidence to the Select Committee, he admitted as much in saying that debt is the
“single biggest problem for football”.
He believes that if football clubs ensure that debt is genuinely sustainable, issues such as transparency of ownership, which has been mentioned, supporter buy-in and co-operative ownership will fall more easily into place.
Damian Collins
I was at the Select Committee when Mr Clarke gave evidence. He also stated that he could not find a moral case for keeping the football creditors rule. Nevertheless, it remains the position of the Football League that it should stay. Does the Minister, like me, find that regrettable?
John Penrose
If the football authorities find it unacceptable and regrettable, the Government probably do as well. This is something for football governance to take on first. The Government will seek not to intervene if football puts its own house in order. Mr Clarke has made his position very clear, and that should be a very powerful voice.
The football authorities deserve credit for the rules they have introduced in recent years in the areas of financial regulation and club ownership. There are now an early warning system with HMRC in relation to tax returns, transfer embargoes that help curb club spending, new salary control measures in the lowest two leagues, a new means and abilities test that requires proof of funds from prospective owners, and a strengthened owners and directors test. It is welcome that in May, all 72 Football League clubs voted in principle to adopt UEFA’s new financial fair play rules from 2013, which will require clubs to spend only what they bring in. The Government obviously support those moves. Of course, situations such as that in Plymouth demonstrate how much more may need to be done. They also demonstrate that prevention is better than cure. It is far better to avoid going into a company voluntary agreement or insolvency if possible.
We believe it is for the football authorities to continue to challenge themselves to see whether they should tighten their rules further to ensure that clubs do not fall into administration in the first place, in precisely the way I have just mentioned. Equally, the clubs have to take greater responsibility. Supporters should not have to bail out the club because of bad financial management by owners and directors, as both local MPs said.
The stark reality is that for any company or organisation, not least a football club, emerging successfully from administration is likely to be painful and difficult. The focus must be on doing everything possible to avoid clubs getting into such problems in the first place. The Government’s hope and expectation is that as part of the wider process of the Select Committee inquiry’s recommendations, the football authorities will take steps to deal with such challenges themselves. If they do not, all avenues of course remain open to the Government, and we are prepared to look closely at how best to make those changes.
Alison Seabeck
Can the Minister give a reassurance that the Government will not just sit on this matter? I have heard him say that the Government will look at it. This is very important and we do not want another club to go down this route. I urge the Minister for Sport and the Olympics to have further meetings with those involved.
John Penrose
I can reassure the hon. Lady that my colleague the Minister for Sport and the Olympics is particularly exercised about the matter. He is on record as saying, in the Chamber and elsewhere, that he feels that football governance in general is in need of a serious overhaul. I know that he is prepared to be quite activist if he needs to be. Clearly it would be far better for all concerned if football could get its act together and put its own house in order first. That would be better for fans, and for everybody involved in both playing for and running football clubs, than to have a politician intervene. He remains willing to intervene, and will do so if necessary, but it would be a last resort.
I repeat my congratulations to both local MPs on the interest and clear care and passion that they bring to their job on this issue. Everybody will echo their concerns and their hope that the announcement today marks the beginning of a successful new chapter in Plymouth Argyle’s history.
Question put and agreed to.
Ministerial Corrections
(12 years, 10 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Infant Mortality: Research
(12 years, 10 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Zac Goldsmith
To ask the Secretary of State for Health (1) what proportion of the funding allocated by his Department for health research was allocated to research on (a) maternal and (b) fetal health in each of the last five years;
Mr Simon Burns
The Department funds research through both the National Institute for Health Research (NIHR) and the Policy Research Programme (PRP).
Estimated spend by the NIHR and PRP relating to maternal and foetal health is as follows.
Estimated spend on maternal and foetal health research (£ million) | Estimated spend on maternal and foetal health research as a proportion of total NIHR revenue and PRP spend (percentage) | |
|---|---|---|
2006-07 | 4.4 | 0.6 |
2007-08 | 4.7 | 0.6 |
2008-09 | 9.0 | 1.1 |
2009-10 | 10.9 | 1.2 |
2010-11 | 12.7 | 1.3 |
The Department does not hold specific figures for the proportion of funding allocated to research into stillbirth prevention, preventing neonatal deaths or sudden infant death syndrome.
The Government fund a range of research of relevance to maternal and foetal health, including stillbirth and sudden infant death syndrome.
For example, the Department's Policy Research Programme has funded a Policy Research Unit in Maternal Health and Care at the National Perinatal Epidemiology Unit (NPEU), University of Oxford. Research themes include pregnancy loss, perinatal morbidity, maternal morbidity and maternal mortality.
The Department also funds research relevant to stillbirth. For example, through an NIHR Programme Grant for Applied Research, the Department is funding a study entitled “Improving Pregnancy Outcomes in Obese Women”. Running from 2008 to 2012, this study aims to develop an individually tailored “life style” programme for obese women.
Furthermore, the NIHR Cambridge Biomedical Research Centre has an ongoing programme of research on women's health. A major focus of this research is understanding the determinants of stillbirth risk and using this understanding to improve clinical care of pregnant women.
In addition, the Government currently fund the Centre for Maternal and Child Enquiries (CMACE), which publishes an annual report into perinatal mortality. CMACE monitors changes in perinatal mortality rates, and identifies causes and risk factors. In addition to providing a national overview, CMACE also provides localised information to enable maternity units to review and monitor their own rates so that action can be taken to improve services.
The correct answer should have been:
Mr Simon Burns
The Department funds research through both the National Institute for Health Research (NIHR) and the Policy Research Programme (PRP).
Estimated spend by the NIHR and PRP relating to maternal and foetal health is as follows.
Estimated spend on maternal and foetal health research (£ million) | Estimated spend on maternal and foetal health research as a proportion of total NIHR revenue and PRP spend (percentage) | |
|---|---|---|
2006-07 | 4.4 | 0.6 |
2007-08 | 4.7 | 0.6 |
2008-09 | 9.0 | 1.1 |
2009-10 | 10.9 | 1.2 |
2010-11 | 12.7 | 1.3 |
The Department does not hold specific figures for the proportion of funding allocated to research into stillbirth prevention, preventing neonatal deaths or sudden infant death syndrome.
The Government fund a range of research of relevance to maternal and foetal health, including stillbirth and sudden infant death syndrome.
For example, the Department's Policy Research Programme has funded a Policy Research Unit in Maternal Health and Care at the National Perinatal Epidemiology Unit (NPEU), University of Oxford. Research themes include pregnancy loss, perinatal morbidity, maternal morbidity and maternal mortality.
The Department also funds research relevant to stillbirth. For example, through an NIHR Programme Grant for Applied Research, the Department is funding a study entitled “Improving Pregnancy Outcomes in Obese Women”. Running from 2008 to 2012, this study aims to develop an individually tailored “life style” programme for obese women.
Furthermore, the NIHR Cambridge Biomedical Research Centre has an ongoing programme of research on women's health. A major focus of this research is understanding the determinants of stillbirth risk and using this understanding to improve clinical care of pregnant women.
In addition, the Government funded until March 2011 the Centre for Maternal and Child Enquiries (CMACE), which publishes an annual report into perinatal mortality. CMACE monitors changes in perinatal mortality rates, and identifies causes and risk factors. In addition to providing a national overview, CMACE also provides localised information to enable maternity units to review and monitor their own rates so that action can be taken to improve services.
Audit Commission: National Audit Office
(12 years, 10 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Andrew Griffiths
To ask the Secretary of State for Communities and Local Government on what dates representatives of the Audit Commission dined with representatives of the National Audit Office paid for by the public purse since 2007-08; in which restaurants each meal took place; and at what cost.
[Official Report, 20 June 2011, Vol. 530, c. 50W.]
Letter of correction from Robert Neill:
The Audit Commission have identified an error in the answer they provided to my Department which accompanied the written answer given to the hon. Member for Burton (Andrew Griffiths) on 20 June 2011. Professor Sir Andrew Likierman NAO was omitted from the list.
The full answer given was as follows:
Robert Neill
This is an operational matter for the Audit Commission and I have asked the chief executive of the Audit Commission to respond to my hon. Friend direct.
Letter from Eugene Sullivan, dated 20 June 2011:
Your Parliamentary Question has been passed to me to reply.
The Commission has paid for meals with the NAO on five occasions since 2007/08:
1 November 2007 the then MD, Communications met with Gabrielle Cohen, Assistant Auditor General NAO for lunch. Information on the location and cost is no longer available.
3 December 2007 Steve Bundred, Chief Executive and Sir John Bourn, Comptroller and Auditor General of the NAO, dined at L'Escargot at a cost of £103.39;
5 May 2009 Steve Bundred, Chief Executive, Michael O'Higgins, Chairman and Amyas Morse, Comptroller and Auditor General of the NAO dined at Qurinale at a cost of £240.19;
14 September 2009 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO at the Ebury Wine Bar at a cost of £53.04; and
7 April 2010 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO at the Footstool restaurant at a cost of £22.50.
The Commission dined with the NAO on three occasions where the Commission did not pay.
11 June 2007 Steve Bundred, Chief Executive and Sir John Bourn, Comptroller and Auditor General of the NAO met for dinner at Wiltons;
15 January 2009 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO for lunch at the Ebury Wine Bar; and
2 February 2011 Eugene Sullivan, Chief Executive had a breakfast meeting with the Comptroller and Auditor General of the NAO, Amyas Morse at the Mint Hotel.
The correct answer should have been:
Robert Neill
This is an operational matter for the Audit Commission and I have asked the chief executive of the Audit Commission to respond to my hon. Friend direct.
Letter from Eugene Sullivan, dated 20 June 2011:
Your Parliamentary Question has been passed to me to reply.
The Commission has paid for meals with the NAO on five occasions since 2007/08:
1 November 2007 the then MD, Communications met with Gabrielle Cohen, Assistant Auditor General NAO for lunch. Information on the location and cost is no longer available.
3 December 2007 Steve Bundred, Chief Executive and Sir John Bourn, Comptroller and Auditor General of the NAO, dined at L'Escargot at a cost of £103.39;
5 May 2009 Steve Bundred, Chief Executive, Michael O'Higgins, Chairman, Professor Sir Andrew Likierman, Chairman NAO and Amyas Morse, Comptroller and Auditor General of the NAO dined at Qurinale at a cost of £240.19;
14 September 2009 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO at the Ebury Wine Bar at a cost of £53.04; and
7 April 2010 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO at the Footstool restaurant at a cost of £22.50.
The Commission dined with the NAO on three occasions where the Commission did not pay.
11 June 2007 Steve Bundred, Chief Executive and Sir John Bourn, Comptroller and Auditor General of the NAO met for dinner at Wiltons;
15 January 2009 David Walker, MD Communications met with Gabrielle Cohen, Assistant Auditor General NAO for lunch at the Ebury Wine Bar; and
2 February 2011 Eugene Sullivan, Chief Executive had a breakfast meeting with the Comptroller and Auditor General of the NAO, Amyas Morse at the Mint Hotel.
Petition
Cheshunt Urgent Care Centre (Hertfordshire)
Westminster Hall
(12 years, 10 months ago)
Westminster HallRead Full debate Read Hansard Text
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Dangerous Dogs
(12 years, 10 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Caroline Nokes (Romsey and Southampton North) (Con)
It is a pleasure to serve under your chairmanship, Mr Bayley. I am immensely grateful to Mr Speaker for allowing this debate. We can see from the number of Members present in the Chamber what an important subject this is and how much concern it has caused.
I should declare an interest at the outset as the owner of two adorable cocker spaniels. However, although they are both quite mad, exhibiting all the natural exuberance of the breed, neither has an aggressive bone in its body, and they are dangerous only in their capacity to leap around.
The issue of dangerous dogs affects many rural and urban constituencies and has been raised with me on numerous occasions since last year’s general election. Experiences differ: in one constituency, I have been faced with complaints about dogs being used as weapons and with the problem of dogs exhibiting pack behaviour and attacking farm animals and domestic pets. I will never forget the day when I received in the post a package containing photographs of a Jack Russell terrier that had been ripped to shreds by a larger dog.
Legislation is outdated and ineffective in addressing a problem that evidence indicates is growing. The Dogs Act 1871 is still in force, but it was significantly updated by the Dangerous Dogs Act 1991 and the Dangerous Dogs (Amendment) Act 1997, which made owning certain types of dogs a criminal offence. Until then, to be responsible for a dangerous dog was only a civil offence. The 1991 Act was a legislative reaction to a series of high-profile attacks by pit bull terriers.
I am not saying that that legislation was wrong, but it has caused heartache for the owners of dogs that have done nothing wrong other than appearing to be of the wrong breed or type. It has certainly not prevented further tragedies—indeed, they have increased—and it has caused police forces and local authorities enormous sums in court cases and kennelling fees. It has been in desperate need of updating for a long time.
Why do I believe that now is an appropriate time to update the legislation? At long last, there is widespread agreement among different organisations about the way forward. Some 20 different bodies, including the National Dog Warden Association, the Police Federation, the Royal College of Veterinary Surgeons, the Royal Society for the Prevention of Cruelty to Animals, the Communication Workers Union and Battersea Dogs and Cats Home have now reached a level of agreement about what might be effective.
Neil Parish (Tiverton and Honiton) (Con)
I agree that it is not the dogs but the owners who are dangerous in many respects, especially people with status dogs who train them to be vicious. Such dogs are known to be vicious, and postal workers and midwives go into homes where such dogs have been trained to be vicious and are attacked. We must do something about that.
Caroline Nokes
I thank my hon. Friend for making that point, which I will certainly address later. The crucial point is that in many cases it is the owners who are dangerous, not the dogs.
Any proposed solution must be practical and in the best interests of both dogs and their owners. Not only dog welfare organisations but professional bodies, trade unions and charities covering wide interest areas have all concluded that the current law on irresponsible dog ownership is simply inadequate. New legislation has been passed in both Scotland and Northern Ireland, and consistency across the whole United Kingdom would be helpful. Finally, in an era of austerity, the current legislation places an immense financial burden on hard-pressed bodies, such as local authorities, our police, national health and ambulance services and not to mention animal welfare organisations, which all too often end up picking up the pieces.
Under the Dangerous Dogs Act 1991, it is a criminal offence for a dog owner or the person in charge of a dog to allow it to be dangerously out of control in a public place. Such a dog is defined as one that has injured someone or that a person has reasonable grounds to believe might do so. The most contentious part of the 1991 Act is section 1, which details the breeds of dog that it is an offence to own or keep. Four types of dog are referred to specifically, including the notorious pit bull terrier, Japanese fighting dogs and Brazilian mastiffs.
The original intention of the 1991 Act was that due to the restraints and conditions placed on owners, such dogs would simply die out, having been destroyed or compulsorily neutered, and that they would all have been eradicated by now. However, that clearly has not been the case. Evidence suggests that their popularity, and hence their number, has risen. The number of bull terriers taken in by Battersea Dogs Home has increased dramatically. I mention Staffordshire bull terriers in particular for reasons that I hope will become clear. In 1996, 380 bull terrier types were received at Battersea. Last year, there were nearly 2,500. Many of those dogs were not pit bulls but Staffies. I appreciate fully the clear difference between a Staffordshire bull terrier and an American pit bull. The Staffie is well known as a bold and fearless dog, but it is also affectionate, particularly with children. By contrast, the pit bull is a breed created by interbreeding terriers and bulldogs specifically for illegal dog fights.
Mr Gregory Campbell (East Londonderry) (DUP)
I commend the hon. Lady on securing this debate. Does she agree that the trick is to get the balance right so that the law takes action on irresponsible owners of any breed of dog? We need to enact legislation in respect of those owners without penalising responsible dog owners who are prepared to look after their dogs, keep them on a leash and ensure that they do not get out of control.
Caroline Nokes
That is exactly the problem. It is all very well to ban a particular breed, but any dog can be dangerous, whatever the breed. We must consider behaviour and responsible ownership. I am the first to concede that getting that balance right will be difficult. I am sure that that is part of the reason why—
Jack Lopresti (Filton and Bradley Stoke) (Con)
I congratulate my hon. Friend on securing this debate. On that point, before we all rush to enact more legislation and regulation, in many cases the current legislation is not always enforced properly. Before we introduce another Act, we must ensure that local agencies, the police and so on enforce current legislation. In many cases, they do not.
Caroline Nokes
That is valid. My hon. Friend makes a good point. Enforcement is certainly not consistent. However, I am seeking consolidation of the legislation to make it easier to enforce consistently across the country.
As I was saying, the problem is that Staffordshire bull terriers and pit bulls share many visual characteristics. Naturally affectionate Staffies are either mistaken for pit bulls by the authorities, resulting in seizure, kennelling and lengthy legal battles to prove that they are not one of the banned breeds, or—which is much worse, in my view—are deliberately selected for their status dog appearance and then trained to be aggressive, or not trained at all. As all of us who are dog owners know, any pet requires a reasonable level of training and discipline to become a pleasant, well-behaved member of the family.
I contend that much behaviour is learned rather than inherent, and that wrong handling or deliberate training to provoke aggression can turn any dog into a potential problem. The rise of so-called status dogs, which are often linked to antisocial behaviour, cannot necessarily be addressed by breed-specific legislation. The real cause of the problem is the owner’s actions rather than the breed of dog.
David Simpson (Upper Bann) (DUP)
I congratulate the hon. Lady on obtaining this important debate. I pay tribute to Banbridge high school in my constituency, which has taken a great interest in the matter and made it into a project. She has mentioned Northern Ireland. One blight on Northern Ireland is illegal dog fights for gambling and so on. Does she agree that if illegal dog fights are found to be occurring—we need the general public to provide information about them—the full rigour of the law must be brought to bear on the people who hold such fights? Those people train dogs to be vicious, while people who look after their pets properly are penalised.
Caroline Nokes
I thank the hon. Gentleman for raising the problem of illegal dog fighting. He is correct to say there has been a rise in such cases not only in Northern Ireland, but here in the capital, London, in particular. He is right that the full rigour of the law must be brought to bear.
One problem is that, while some dogs may have certain characteristics, it does not mean that they are fighting or status dogs, either by temperament or by upbringing. There is a fundamental problem with the assumption that one breed or type is dangerous and others are not. That misses the point that it is owners, not dogs, who pose the risk, and that a dog’s behaviour will be largely dependent on its upbringing, socialisation and home environment. Ultimately, the law should be targeted at individuals taking responsibility for their dogs, not at dogs for simply being dogs.
There is, however, a significant problem with aggressive and out-of-control dogs. I emphasise that much of the problem stems from irresponsible ownership, but we cannot get away from the fact that eight people have been killed in dog attacks in the past four years. According to the Communication Workers Union, 6,000 postal workers are attacked by dogs every single year. Attacks on farm animals cost in the region of £2.8 million a year, and there have been 74 reported attacks on horses in the past three years. Other dogs are certainly not immune. According to the Guide Dogs for the Blind Association, there are three attacks a month on guide dogs.
Jessica Morden (Newport East) (Lab)
I congratulate the hon. Lady on securing this incredibly popular debate. I have a constituent whose guide dog was attacked by another dog and, when the guide dog was retired, my constituent was refused a replacement on the grounds that there were too many dangerous dogs in the area. Does the hon. Lady agree that we should ask the Government to look at that specific issue?
Caroline Nokes
The hon. Lady makes a valid point. Guide dogs are not simply pets or companions, because they enable the visually impaired to lead a normal life. It is critical that we look at that problem. It is unacceptable that a blind person should be penalised simply because there is a type of aggressive and unpleasant dog in the surrounding area. Statistics for the number of attacks on family pets in public places are not available, because those attacks are too numerous.
I represent a small corner of New Forest national park, which is extremely popular with dog walkers, and I am conscious from both my own experience and the comments of local residents that not all owners who utilise the area to walk their pets have their dogs adequately under control. I am not suggesting that Wellow common is rife with dog attacks—it is not—but incidents involving out-of-control, aggressive dogs do occur, and for every person or other dog involved, it is not only terrifying, but dangerous.
There is also a significant cost, both to individuals and to the public purse, as a consequence of the rising incidence of dog attacks. Every single strategic health authority has experienced an increase in accident and emergency admissions due to dog bites. It is hard to estimate the financial cost accurately, but attempts to do so indicate that, over the past few years, it has been more than £2.5 million a year. In Hampshire, the local police have experienced a clear rise in the number of incidents involving dangerous dogs, and there is increasing anecdotal evidence of status dogs being used in the county instead of firearms or knives. Among the criminally inclined, there is a growing awareness that the potential punishments for having a dangerous dog are far lower than for other weapons.
Tackling the issue is expensive for my local police force. Last year, it spent about £30,000 on kennelling fees, but that is tiny in comparison with the Metropolitan police, which spends £9,000 a day and has budgeted for £10 million to be available for the seizure and kennelling of dogs over the next three years. For every dog seized, there is a human cost. As owners struggle to prove that their family pet is innocent of any crime, families are deprived of its companionship, and the poor animal itself is deprived of its liberty and the chance to have a normal existence. The great irony is that the stress placed on a kennelled dog makes that pet more likely to develop behavioural issues.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
This is an important debate. Perhaps the Minister will address this later, but does the hon. Lady have any information about the tests that are available nowadays which show the DNA of a dog’s parents and their breed types in a matter of minutes? We can use technology to accelerate decisions and make sure that dogs that should not be kept in kennels are released back to their families.
Caroline Nokes
My hon. Friend is right. DNA testing to determine the type of dog is much easier now than it was when the legislation was introduced. It is interesting that, in the past week, the Government have acknowledged the dreadful stress placed on dogs in quarantine and have announced a relaxation of those time limits, yet some dogs whose breed type is under question end up kennelled for several years.
Jim Shannon (Strangford) (DUP)
In our previous jobs, my hon. Friend the Member for North Antrim (Ian Paisley) and I were members of the Committee for Agriculture and Rural Development in the Northern Ireland Assembly and were involved in legislative change in relation to dangerous dogs in Northern Ireland. Does the hon. Lady agree that it would be helpful for the Minister and his Department to make direct contact with the Northern Ireland Assembly in order to gauge the lessons that we learned about important legislative changes?
Caroline Nokes
I thank the hon. Gentleman. Progress towards legislative change has been made not only in Northern Ireland, but in Scotland. Such progress has, sadly, been lacking here.
Any legislation must be evidence based, proportionate and, importantly, best debated and drafted away from the perfectly understandable reaction that is always to the fore when there has been a dreadful attack. I do not seek to undermine the importance of and need for legislation to protect the public from dogs that are a danger, that have been trained and encouraged to be aggressive, and that, in increasing instances, are used as a weapon. That is why I welcome several of the components of Lord Redesdale’s Dog Control Bill, which was introduced in the other place and is currently on Third Reading. It aims to consolidate existing legislation, give greater flexibility and discretion to enforcers and the courts, include a genuine preventive effect, improve public safety and animal welfare and reduce the costs of enforcement.
At present, enforcers have to wait for an incident to occur before they can step in and deal with the animal. As we have heard, there is a lack of consistent enforcement, but if police have a dog of a banned type drawn to their attention, they must act, whether that dog has done anything aggressive or not.
Mr James Gray (North Wiltshire) (Con)
I have agreed entirely with every word my hon. Friend has said until now, but she seems to have slipped back from her argument of a moment ago that it is the deed, not the breed, that matters. She now seems to be saying that it is the breed that matters and that, if the police are aware of a particular breed and that there is DNA evidence or a microchip to prove it, they should step in prior to an incident. Surely the process should be incident-driven, not breed-driven.
Caroline Nokes
With respect to my hon. Friend, that is my exact point. Under the current legislation, if a banned type or breed is drawn to the police’s attention, the police must act, regardless of its behaviour. There is currently no provision for an owner to be able to apply to a court for a seized dog to be returned, and the 1991 Act predicts a dog’s behaviour based on its physical conformation, which, I would contend, is simply wrong.
Indeed, to drift off into the anecdotal, the dog that made me run in the opposite direction fastest during last year’s general election campaign was a golden retriever. That breed is never going to appear on a list of dangerous dogs, but the one that I encountered seemed rather enamoured by the prospect of chewing my leg off. We need to establish in law the principle that it is the deed, not the breed, that determines whether a dog is dangerous or not. That view is widely held, even at the very highest levels of Government.
Ian Paisley (North Antrim) (DUP)
As my hon. Friend the Member for Strangford (Jim Shannon) has indicated, I used to chair the Committee for Agriculture and Rural Development in the Northern Ireland Assembly, which is a grand place. Whenever we dealt with the issue of legislation, the key point was that it was backed up by adequate resources, so that the police or whoever was responsible for enforcement—it could be another agency, such as a local authority—would be able to enforce it. The most important issue was that the local authority was adequately resourced by central Government. Whatever legislative change the hon. Lady goes for, I urge her to insist that the necessary resources be made available to allow it to take proper effect.
Caroline Nokes
I thank the hon. Gentleman for that contribution and hope that the Minister will comment on it later.
I would appreciate the Minister’s comments on the range of possible measures to tackle the problem. The possible solutions include dog control notices, compulsory microchipping, muzzling in public places and, importantly, training for owners. Rather than generalising a type or a breed, those are practical suggestions that directly address the specific behaviour and the ways to ameliorate it.
Failure to comply with a dog control notice could lead to the responsible person becoming liable to a fine and potentially being disqualified from owning or keeping a dog for a prescribed period. This issue has been the subject of numerous written and oral questions, consultation and reviews of existing legislation. The issue is not confined to cities, but I highlight the work of the deputy Mayor of London, the Metropolitan police and many hon. and right hon. Members who represent constituencies in the capital, where there are certainly greater issues than in other parts of the country. Yet still we have unsatisfactory legislation that does not address the rise of the so-called status dog, which has impacted on the police and on their ability to carry out their role. The legislation desperately needs updating.
I urge the Minister to publish the Government’s response to the consultation on dangerous dogs, for which we have been waiting a considerable time. Will he also indicate whether he supports the measures in Lord Redesdale’s Bill, and whether he will consider introducing compulsory microchipping? I am the first to acknowledge that that is a measure of traceability rather than prevention, but it was simply not an option in 1991 when the Dangerous Dogs Act was introduced. Microchipping was first introduced in the UK in about 2000. The procedure is now commonplace and can be carried out by not only vets but registered practitioners, which has brought down the cost. I appreciate that microchipping will inevitably be most prevalent among the law-abiding majority, but it will indelibly link dog to owner and provide an important step forward.
Obviously there will need to be a register that is updated at every change of ownership, but dogs do not change hands that often. The vast majority of owners have dogs for life and, although I understand concerns that a register will be another imposition on responsible citizens, it will also be a way to steadily move towards a situation in which owners are accountable and dogs behaving in an antisocial way are identifiable. If there is no excuse for mistaken identity, enforcement officers will be able to judge the deed not the breed.
Mr Gray
I absolutely agree with my hon. Friend up to now. However, does she not remember the days when we had dog licences? They did not work. The bad guys did not have them; only the good guys had them. Surely what she is proposing is a bureaucratic, interventionist, centralised solution to the issue. If we want to deal with the problem of people who have criminal intent and behave badly, licensing dogs will not achieve that.
Caroline Nokes
I thank my hon. Friend for that intervention, but I disagree with him. This is not about licensing; this is about being able to scientifically identify a dog that has perpetrated some sort of unpleasant deed. Many other types of animals are microchipped and are identifiable from birth. We could easily have registers that trace any transfer of ownership. As I have said and as the Dogs Trust has taught us, a dog is for life, not just for Christmas. They rarely change hands, and we simply need to move to a situation whereby we can identify who is responsible for which dog.
As I said at the outset, we are 20 years on from the Dangerous Dogs Act 1991. Police forces, animal welfare organisations, vets and nurses all believe that that legislation failed to solve the problem. It is high time that that failure was addressed.
Hugh Bayley (in the Chair)
Order. It is clear that there is likely to be more demand than supply when it comes to speeches. I intend to start the winding-up speeches at 10.40 am, so we have about 50 minutes for debate. I do not have any power to stop Members speaking, but I ask people to try to be kind to their colleagues.
Angela Smith (Penistone and Stocksbridge) (Lab)
It is a pleasure to contribute to this debate under your chairmanship, Mr Bayley. I congratulate the hon. Member for Romsey and Southampton North (Caroline Nokes) on securing this important and timely debate. The vital context for many of her comments is the consensus, to which she referred, around the need to introduce, update and consolidate the laws on dog control. The fact that Scotland and Northern Ireland are legislating makes it important that we follow the lead of the devolved Assemblies and update the legislation.
The hon. Lady set out clearly the case for changing the law. Between 2004 and 2008, the Royal Society for the Prevention of Cruelty to Animals has seen a twelvefold increase in reports of dog-fighting. As she mentioned, more than 6,000 postal workers are injured every year by dogs. The estimated cost to the state of dealing with issues relating to irresponsible dog ownership is £76.8 million, which does not include the costs of dog welfare enforcement. That figure alone indicates the need to update the legislation, prevent and educate in order to reduce the incidence of irresponsible dog ownership, thereby reducing the overall cost.
Some 2,500 adults and 2,200 children were either treated in A and E or admitted to hospital for dog-related incidents in 2006-07, and eight people were killed by dogs in the past four years—six children and two adults. I think we would all agree that that is six children and two adults too many. In addition, some 197 people were seriously injured.
In an age of austerity, we can’t go on like this, to borrow a phrase from the general election. We need to educate, prevent and enforce. Many hon. Members have long been persuaded of the need to act. For me, the starting point was Christmas 2006, when there was a horrendous attack on a postal worker called Paul Coleman in Sheffield. He was dragged to the ground by a dog in a street outside the property at which the dog resided. Paul Coleman suffered horrendous injuries. He needed plastic surgery and skin grafts to his leg to try to repair the damage. I have met him and the scars from that attack are visible to this day. The psychological scars will remain for ever, along with the physical ones.
Dr William McCrea (South Antrim) (DUP)
I accept that it is vital that on the mainland in the United Kingdom there is an essential strengthening of the legislation, and we must get it right. However, that in itself is not the answer. We need to ensure that the legislation is enforced. How does the hon. Lady think that will be done in reality?
Angela Smith
I will come on to that later, because it is a very important point.
After the attack I mentioned, the Communication Workers Union—the postal workers’ union—launched its bite-back campaign, which has been incredibly successful in raising the profile of the issue. I think that the Minister acknowledges that. I place on the record today the importance of the work done by the CWU in partnership with the RSPCA. They have played a critical role in bringing us to where we are today. About three years ago, I introduced a ten-minute rule Bill based on the bite-back campaign to try to get the law changed. However, before I could get the Bill on the Floor of the House, there was another serious attack involving a postal worker in Cambridge, who nearly lost his arm as a result of a dog escaping from inside the gates of a property. Two Rottweilers dragged him to the ground and, as I say, he nearly lost his arm.
In that case, there was an attempt at prosecution on the grounds that the dog attacked on public property. However, the case was thrown out because the attack happened in an unadopted cul-de-sac. That judgment effectively means that there is very little protection not just on private property, but beyond the boundaries of what most of us would understand to be private property. That case alone highlights and underlines the need not only to consolidate, but to strengthen the law, as the hon. Member for South Antrim (Dr McCrea) mentioned a moment ago.
Andrew Griffiths (Burton) (Con)
I would like to mention a case in my constituency, where a young child was attacked by a dog on private property. After the child had been taken to hospital and things had calmed down, the parents understandably rang the police and said, “Can you do something?”. They were told, “We can’t act because it’s on private property and therefore it’s a civil matter.” Surely we must do something about such cases.
Angela Smith
We must absolutely do something about that. Every single time a child is seriously attacked or killed on private property, usually in the home of a grandmother or a relative, it makes it incumbent on legislators to strengthen the law, so that we can reduce and possibly eliminate such attacks. It is absolutely critical that we act. I am fed up of being asked to go on radio or television to comment on yet another attack on a child on private property, or another attack on a postal worker, a midwife, a health visitor and so on. It goes on and on.
Last year, Labour Members persuaded the then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), to initiate the consultation that we are discussing. I place on the record my appreciation of the work of my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who was then Home Secretary, and my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), who was at that time a Minister in the Department for Environment, Food and Rural Affairs. They were both absolutely instrumental in persuading the then Prime Minister of the need for change. The consultation finished more than a year ago, and since then the case for updating the law has not changed. The health costs of dealing with dog-related injuries have not reduced. In fact, if anything, the case since June last year has strengthened.
What needs to be done? The hon. Member for Romsey and Southampton North laid out the case for change very well indeed. We need to prevent. We need dog prevention notices, or dog ASBOs, as they are often called. That may require a range of measures on the part of a dog owner to restrain and control a dog properly, including muzzling in public and keeping a dog on a lead at all times. There are all sorts of measures that could be included in a dog penalty notice to encourage more responsible ownership. I agree with the hon. Lady that we need to repeal section 1 of the Dangerous Dogs Act 1991. It is deed, not breed, and it is the owner, not the dog, that we need to focus on in legislation.
We need to enforce, which is a point that was raised earlier. We need the law to apply to private property, so that enforcement can be initiated. At the moment, it is impossible to do anything at all. We need a range of penalties for irresponsible dog ownership, including disqualification if necessary and/or deprivation of ownership. We need more severe penalties, especially at the extreme end of irresponsible dog control, involving dogs as weapons. We need more consistent and effective enforcement of dog control measures, including, if necessary, more dog wardens and police dog legislation officers. That is the point about the microchip and the reintroduction of a licensing system. That system not only helps with enforcement, but means that we can raise the funds necessary to enforce more consistently across the country; that is the key point. Local authorities will lose 28% of their budgets in the next four years. They need the funds to enforce properly, as do the police.
We need education. We need dedicated budgets for local authorities and trained officers to be made available, not just to enforce new legislation, but to ensure that owners are educated about responsible dog ownership. I met a woman a couple of years ago whose dog attacked her own child on her own property. She was in the house doing a bit of hoovering. The dog attacked her boy in the garden, and she has never reconciled herself to what happened that day. She is now passionate about the need to educate owners about responsible dog ownership.
I think it seems obvious to everyone in the Chamber that nobody should ever leave a dog alone with a child, but people out there do need to be educated on these points—they need that. Education is critical to the success of any legislation. There is public support for updating the legislation: 78% of the public want the law updated and consolidated. I call on the Minister to put on the record today that he will inform the House, before the recess, of his response to the consultation, and that he will recommend that we update and consolidate the legislation.
Finally, the Prime Minister sent a letter to the Communication Workers Union on 30 April 2010, in which he stated that his party’s manifesto pledged support for
“updating the Act in such a way that it provides adequate protection for all and ensures that dog owners are fully responsible for their dogs.”
He went on:
“We support extending dangerous dogs law to cover all places including private property”.
I therefore call on the Minister to fulfil the manifesto commitment, and the commitment made by the Prime Minister last year.
Angie Bray (Ealing Central and Acton) (Con)
I, too, congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this important debate.
I first raised the issue of dangerous dogs in my maiden speech in the House last year. Having heard a number of horror stories from constituents about out-of-control dogs terrorising parks and open spaces, it was quickly obvious that Ealing and Acton, like the rest of London, has a serious problem. I put on record my support for the approach in the coalition agreement—cracking down on irresponsible owners who use their dogs as weapons—and I hope that we still agree that that is the correct approach. This debate is important, a year on, because we really need to see some action.
There have been some whisperings that an announcement from the Department for Environment, Food and Rural Affairs might be imminent. I shall be interested to hear the Minister’s words this morning. It is true that last year’s DEFRA public consultation provided some interesting responses and talking points, as I am sure the recent Home Office consultation on antisocial behaviour will. Yet, in essence, that is part of the problem. The issue of dangerous dogs cuts across several Government Departments. We need a co-ordinated approach to finally get something done.
My Adjournment debate on dangerous dogs, this time last year, touched on that. In my speech, I focused on two measures that I thought might be helpful as a way forward. At the time, the Minister reacted positively. The first measure would be to attach court orders to the sentence of anyone found guilty of a crime involving violence or drug dealing. Those court orders would ban the person from being in control of a dog in a public place for a fixed amount of time. My local police assure me that that would be easily enforceable—they know their local criminals. That would not deal with the problem entirely, but would provide a measure of reassurance to the public. The second idea is to make local authorities attach conditions on dog ownership to tenancy agreements. I am pleased to hear that a number of local authorities are considering that and beginning to apply it. That would go some way towards dealing with dogs that are a nuisance to neighbours, as would a requirement to microchip, which is essential to ensure proper responsibility. I am aware, however, that neither of the measures are necessarily areas that DEFRA could take the lead on. Nevertheless, this is a pressing problem, and we need a common approach across Departments.
The issue filters down to a local level, too. Our local dog warden in Ealing has told me on a number of occasions how frustrating it is that doing something about dangerous dogs is talked about endlessly, but nothing ever actually gets done. Similarly, he cannot understand why each borough attempts to tackle their own problem in their own way, often quite differently. He feels that a common approach is surely needed. We need direction from the top.
The Deputy Mayor of London, Kit Malthouse, has been leading the way on the issue for the Mayor of London, as my hon. Friend the Member for Romsey and Southampton North mentioned. His focus on getting tougher sentences for owners of weapon dogs or status dogs—whatever you want to call them—who use their dogs for crime, is entirely right and a good example to follow. I hope that we start to see some action soon. He also wants tougher enforcement against ownership of banned breeds. I take the point that we are talking about deeds rather than breeds. I also suggest that it tends to be dangerous owners who are more of a problem than dangerous dogs. We have to recognise, however, that there are breeds that very much lend themselves to weapon status, and they must be controlled. Kit Malthouse says, rightly, that the whole court process must be speeded up, partly to save the public purse from the costs of kennelling, which costs £2.5 million a year in London alone, but also because it is cruel to keep animals cooped up for weeks on end.
Speaking as a London MP, I am only too aware that our open spaces are especially precious in built-up areas. That is why it is so galling when some thug dominates the space with a weapon dog kitted out with the usual status paraphernalia and spoils everyone’s pleasure. Not so long ago a puppy was ripped to pieces in Walpole park in my constituency, in front of a distraught mother and her son. I also recognise, however, that we need to amend the law to cover private land. The law must be able to intervene when a dog attack takes place on private property, just as it can in a case of domestic abuse. Somebody pointed out the other day that it seems ridiculous that if a postman puts his hand through a letter box and is bitten by a dog, no action can be taken. However, if the owner of the house happened to be standing behind the letterbox and for some reason decided to bite the hand of the postman, that would automatically be an assault—an offence that the police would look into. We need a proper balance. We must protect those workers who need access to private properties and children who are at risk.
The problem will not go away. It is getting worse and we need our Ministers, right across Government, to get together and sort it out before we are all confronted by yet another terrible tragedy.
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
It is a pleasure to see you in the Chair this morning, Mr Bayley. I congratulate the hon. Member for Romsey and Southampton North (Caroline Nokes), who saw off a lot of competition to secure this debate, on giving us all the opportunity to have this discussion with the Minister.
I asked about dangerous dogs twice last week in the House, at Home Office questions and in Department for Environment, Food and Rural Affairs questions. As the hon. Member for Ealing Central and Acton (Angie Bray) has just said, because the issue is cross-departmental, it is more complicated. However, I was grateful for the positive responses from both Ministers on the Treasury Bench. Also, as was referred to earlier, the coalition agreement is positive in that its programme for government states:
“We will promote responsible pet ownership…and will ensure that enforcement agencies target irresponsible owners of dangerous dogs.”
On the back of last year’s DEFRA consultation, which received more than 4,000 responses, I and other colleagues hope that the Minister will indicate the Government’s conclusions and the way forward.
I have had, as have many colleagues, various meetings with a number of organisations, most recently with the Dogs Trust, the Battersea Dogs and Cats Home, the Royal Society for the Prevention of Cruelty to Animals and the Association of Chief Police Officers. They all want a Bill. I am grateful to them for their briefings, and the consensus across the piece is that any Bill must consolidate legislation concerning dog control, allow greater flexibility and discretion to enforcers and the courts, include a genuine preventive effect, update some offences, improve public safety and animal welfare and reduce the cost of enforcement, all of which have been referred to by colleagues so far.
As the hon. Member for Romsey and Southampton North said, breed-specific legislation is not effective in tackling the real cause of the problem, but should—there is agreement—relate to the owner’s acts and omissions rather than the type of dog. All the groups mentioned also believe that, without the political will to repeal breed-specific legislation, it must be amended to ensure better canine welfare and a clear strategy must be put in place to phase out the breed-specific legislation. The third main pillar of the consensus is that the scope of updated legislation must be extended to cover all places, including private property, to ensure better public safety and animal welfare. It must also provide suitable defences for responsible dog owners—for example, if people are attacked and their dog defends them. I want to focus a few remarks on the third point.
I was e-mailed by two constituents, Mr and Mrs Sprosson of Wapping. They were walking their dog last Friday and were subjected to a vicious attack by a dogo Argentino. Both their dog and Mr Sprosson were seriously injured. It was very much the usual story, with no owner in sight, although one eventually came into the open. My constituents are very unhappy with the response to their 999 calls to both the police and the ambulance—I am pursuing those concerns with the borough police commander and the chief executive of the London ambulance service—but those responses were almost symptomatic of the problem caused by inadequate legislation, which does not give the emergency services clear indications of how they ought to respond. Mrs Sprosson, in her e-mail, concluded:
“It is only a matter of time before this dog attacks again. Judging by its size, strength and alarming aggression it could easily kill a child and very badly damage an adult. What will it take for the police to address this terrible situation? How many more people will it be allowed to damage before they are forced to take action?”
The statistics, quoted by many and in the speeches this morning, are quite clear. We have seen a twelvefold increase in dog fighting between 2004 and 2008, according to figures from the RSPCA; 6,000-plus attacks on postal workers every year, according to the Communication Workers Union; 1,000-plus dogs seized by the Metropolitan police in 2009 and 2010, according to the Mayor of London’s office; and, sadly, as has been referred to, eight people killed and 197 seriously injured in the past four years. All of that is costing the taxpayer money, quite apart from the untold suffering.
I have not mentioned compulsory microchipping for all dogs, which many of us support, although perhaps not the hon. Member for North Wiltshire (Mr Gray). That would be a modern, 21st-century solution to registering dogs, tracking owners and ensuring that those responsible are held to account when things go wrong.
In conclusion, there is cross-party, animal welfare, police and public support for a Bill dealing with dangerous dogs and irresponsible owners. The Minister is sympathetic and DEFRA and the Home Office want to make progress. Colleagues in the Chamber are not being over-critical but genuinely trying to be helpful in giving momentum to what Ministers and civil servants want to achieve, which is updating the legislation.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
I am grateful to you, Mr Bayley, for allowing me to speak now. I join in the congratulations for my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes).
I will deal with two issues, one of which is to add to the momentum about consolidation, and the other is to touch on the law of unintended consequences. I have been fascinated and to some extent enlightened by the rare outbreak of consensus among all parties—we seldom hear so many hon. Members making the same points for the right reasons in Westminster Hall or the main Chamber—but one issue does concern me. There has been much reference to evidence and statistics that suggest an increase in attacks by dangerous dogs or, indeed, by dogs. Is that a trend with evidence to which the Minister can refer us, or is there simply a greater awareness or reporting of such incidents? Is there perhaps greater enforcement of which we are not aware, because we might not be privy to the statistics, and can the Minister put us right?
Another important point was the reference to the Dangerous Dogs Act 1991 as amended. If ever there was an example of a piece of legislation that has clearly had no effect, the 1991 Act is surely it. Many of the speeches made today were made then as well, back in 1991, with just as much passion and feeling. Legislation was forthcoming, and those in Parliament at the time presumably felt that they had done the right thing by voting for the legislation; yet, a few years on, here we are, having the same debate and referring to statistics that appear to have got worse rather than better. So I ask the Minister to exercise some caution in thinking that the solution to the problem mentioned by so many Members is simply further legislation. Unless we deal with the problem of enforcement, such legislation will serve only to restrict legitimate dog owners, while not restricting illegitimate ones, which is contrary to what we are all attempting to do.
I want to touch on the six pieces of existing legislation, although I will not go into them all. There are provisions in the Dogs Act 1871, as amended in 1989, for some civil recourse for people such as postmen who might be the victims of vicious dog attacks. I note that no one has highlighted the plight of poor old parliamentary candidates—apart from my hon. Friend the Member for Romsey and Southampton North, who touched on the issue—who might also find themselves being attacked on private property.
Angela Smith
To satisfy the hon. Gentleman, I put on the record that I was attacked in the general election last year, in precisely the circumstances outlined earlier—the hand through the letter box and the dog on the other side—so I sympathise with the plight of parliamentary candidates in elections.
Simon Hart
I do not think that there would be much public sympathy for our plight, but it might be the only area in which we could generate some sympathy for ourselves. That is why I made the point. I accept that such an incident is a civil rather than a criminal matter, so that might need some attention as part of any consolidation process that follows. We must also not overlook the Animal Welfare Act 2006 or the Policing and Crime Act 2009, which do at least provide an opportunity for injunctions forbidding ownership.
As other Members have mentioned, there is therefore quite a lot of legislation, dealing with quite a lot of issues, varying from using dogs as a form of weapon to using dogs in a way that might cause them suffering, let alone the people that they might come into contact with—indeed, there is a power to prevent some people from owning dogs at all. Such provisions already exist, suggesting that instead of new legislation necessarily being the solution, the proper and cross-departmental consolidation of existing legislation might be the way to proceed.
I also want to touch on the law of unintended consequences. There are some grey areas in what constitutes a dangerous dog or activity that might cause alarm and distress to members of the public. Plenty of dog owners have fallen foul of concerned if not mischievous people who are worried that the activity of a dog might be dangerous, although it is not at all. We must protect those whose livelihoods depend on working dogs. There is a distinct line to be drawn between legitimate scrutiny by law enforcement agencies and individuals, and people who may simply be caught up as a consequence of owning a dog responsibly and thoughtfully, but which might seem to an outsider to pose a danger. There have been numerous examples of people who have fallen foul of that distinction.
This debate has shown, if nothing else, that the Dangerous Dogs Act 1991 did not have the desired effect, nor did the Dangerous Dogs (Amendment) Act 1997. Clearly, there is much work to be done on the activities of irresponsible dog owners, for which the dog usually gets the blame. One wonders whether some of the measures for dog control notices that have been suggested or are in place would be better applied to the owner instead of the dog. The point raised by my hon. Friend the Member for Romsey and Southampton North about attitude and education is crucial. I fiercely defend the Minister’s position that the Government are not bossy and that it is not their business to interfere with people’s daily lives, but there is line to be drawn.
With a little knowledge, a lot of progress can be made in persuading, educating and informing people about the difference between irresponsible dog ownership and responsible dog ownership, and that could be easily and cheaply achieved. Consolidation of existing legislation, coupled with other measures, would be a sensible and proportionate way forward.
Simon Wright (Norwich South) (LD)
I congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this debate. The behaviour of aggressive, violent dogs and their irresponsible owners has been raised with me by constituents time and again. Earlier this year, I was presented with a petition of more than 350 signatures from residents living in the West Pottergate area of the city demanding that local authorities take action. I heard terrible stories from some of those residents about pets that had been mauled to death by loose dogs running freely around their neighbourhood. Patricia McAndrews saw her dog killed by a Staffordshire bull terrier in September, and Patricia Harker lost her kitten to another aggressive dog in the same area.
The residents who came to see me told me of their fears, not only for their pets and their neighbours’ pets, but for children. Horrifyingly, their fears were realised on Friday last week when a 10-year-old child was attacked by two dogs in a park near West Pottergate and sustained injuries to his arms and legs. Those residents are right to call for action and right to call for protection, so that they can enjoy their neighbourhood without fear of what may happen to them or their own loved pets if confronted by a dangerous dog.
As we have heard, the problem is generally with so-called status dogs, which are kept not as pets but as symbols of aggression or, even worse, as weapons. We would not allow young men on the streets waving knives around, but dogs in the wrong hands can be just as dangerous. Many dogs have been deliberately trained by irresponsible owners to be aggressive and violent, and others have been neglected, abused and deprived of the love and attention that other pets receive and develop an aggressive personality as a result. Those owners have no respect for their animal, and instead see them as a means of gaining respect for themselves, but fear does not equate to respect.
One breed that has been abused as a status dog is the Staffordshire bull terrier, but I want to say a few words of support for the Staffie. It gets some dreadful press, partly due to its historic use as a fighting dog, and because it is also associated with many reported incidents, including some of those that I mentioned in Norwich. My brother is the proud owner of a Staffie called Milo—a lovely dog with an affectionate and playful personality. To assume that all Staffies are aggressive is far from the truth, as I have seen for myself. Indeed, the UK Kennel Club describes Staffies as
“Extremely reliable, highly intelligent and affectionate, especially with children.”
The temperament of any animal will always be due in large part to the care and attention that it receives at a young age from its owner. When we talk about dangerous dogs, it would often be more reasonable, as other hon. Members have said, to refer to dangerous owners. Government policy should focus on responsible ownership over and above a breed-specific approach.
Returning to the situation in West Pottergate, I have been asking Norwich city council to introduce a dog control order to require owners to keep their dogs on leads in public in that part of the city. Compelling people to keep dogs on leads raises questions about whether it is fair for responsible owners of harmless dogs to have their liberty constrained, but I do not believe that that argument holds up in areas with an established problem. Many responsible pet owners are terrified of what could happen to their animal, and many would gladly exchange the right to allow their animal to run free in problem areas for greater peace of mind. I will continue to make the case for dog control orders as part of a proportionate response to a real problem, and I hope that there will be no more incidents before the council changes its mind.
The compulsory microchipping of dogs has been mentioned and is endorsed by the RSPCA and others. There is merit in such a policy, and it would certainly be of huge help in tracing stray and lost animals, but in the context of today’s debate, it would also help authorities to identify ownership and accountability of dangerous dogs immediately. However, if a compulsory scheme is introduced, it needs to be done in such a way that it will make a difference. I suspect that responsible dog owners will be queuing up with their pets, and the irresponsible—those whom we are most concerned about in today’s debate—will try to find ways of avoiding the system. Any system must be watertight.
A significant issue is who should bear the burden of cost. It would almost certainly be the owners of the pets, but if the system were not watertight, it would not be fair for responsible owners to shell out £35, while those whom we are most concerned about today fail to do so. The system must be drawn up in such a way that it would minimise the risk of large numbers of dogs being made homeless by owners who would sooner dump their pet than pay for microchipping. That prospect could be minimised by applying the new compulsion at times of change of ownership of the animal, or by exempting groups of owners who find it hardest to pay the charges. Microchipping may have an important role to play, but these issues need to be clearly addressed in any scheme.
This debate is important, and my constituents are eagerly awaiting the Minister’s response. I appreciate the Government’s difficulties in reconciling the rights of responsible pet owners with irresponsible ones. The issues are quite complex, and proposals cannot be rushed. However, many of my constituents are appalled by the dreadful treatment that many dogs receive at the hands of their owners, and horrified by the all-too-real consequences on the safety of the wider community. They are calling out for the Government to help to make our neighbourhoods and areas such as West Pottergate safe for animal lovers, for children and for all who wish to enjoy public spaces without fear of out-of-control dogs. If the Minister can explain how new measures can make all pets safer from both aggressive dogs and abusive owners, he will have the support of animal lovers throughout the country. We must address this issue before more pets and children become victims of aggressive dogs and dangerous dog owners.
Hugh Bayley (in the Chair)
Order. Three hon. Members are trying to catch my eye, and 12 minutes remain.
Caroline Dinenage (Gosport) (Con)
I add my congratulations to my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this valuable debate. You will be pleased to hear, Mr Bayley, that my comments will be brief. I shall concentrate on the increasing incidences of status dogs—dogs that have been bred and, more importantly, trained to be weapons.
The Government have made inroads in tackling antisocial behaviour and violence on our streets. Knife crime has been vilified, and serious steps are being taken to stem the gang culture and youth violence that fuelled its rise. In place of the knives and offensive weapons that people carry in their pockets, more imaginative ways are springing up for people to look scary, fierce and suitably menacing. Status dogs should be seen for what they are: a violent weapon, a source of fear and something that fuels the rise in crime and antisocial behaviour.
As my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) said, we do not necessarily need more legislation, but we must ensure that existing legislation is interpreted correctly and is flexible enough to get to the heart of the problem. We need to bring about a culture of more responsible and positive dog ownership.
The rise of the status dog is striking. Between 2004 and 2008, the Royal Society for the Prevention of Cruelty to Animals reported a twelvefold increase in reports of dog-fighting. Over half those cases involved youths fighting with their dogs in the street. A clear connection exists between the breeding and training of such dogs and criminal activity, and dogs are often used as a way of threatening and coercing others. As many of my colleagues have mentioned, attacks on humans have also increased and convictions have doubled over the past decade.
That troubling rise has been confirmed by my experiences and those of my constituents in Gosport. A great number of constituents have contacted me, sometimes in great distress, following attacks on much-loved family pets in public places. Dangerous dogs make the streets less safe for all by supporting and exacerbating violent crime. Current legislation is failing to deal effectively with the use of dangerous dogs as weapons, and ownership of the four breeds prohibited under the Dangerous Dogs Act 1991 has increased. Perversely, the pariah status of such dogs is an attraction for youths involved in violence.
I want to see a more cohesive vision for tackling the use of dogs as weapons. We must recognise that such dogs are part of a wider network of street violence and antisocial behaviour. The most troubling attacks—those linked to gang warfare—must be met with immediate and severe penalties. Furthermore, courts must be enabled to disqualify offenders from dog ownership altogether when the clear intention is for dogs to be used to cause harm.
We must not lose sight, however, of the suffering of the animals. Despite the danger that they pose to the public, in many cases their experience involves severe animal abuse. Through a partnership between the police, councils and animal welfare charities, it is possible to combine effective enforcement with wider educative goals. Dog ownership can have a beneficial and socialising effect on disadvantaged and demonised youths. Pioneering work has been done by organisations such as BARK—Borough Action for Responsible K9s—which seeks to teach responsible animal ownership in deprived and crime-ridden areas.
The beneficial and socialising effects of dog ownership on disadvantaged youths presents a powerful case for thinking imaginatively about future legislation. The straightforward ban on breeds and the reactive enforcement action of the current legislation has proved ineffective in the face of an increasing use of dogs as weapons. Such animals present a serious threat to the public; they are a significant prop for street violence, but in themselves a tragic example of animal abuse. I welcome this debate, and I look forward to hearing the Minister’s thoughts on proactive steps that could be taken to address the issue of dangerous dogs and the wider culture of gang crime and animal cruelty that perpetuates their use.
Martin Horwood (Cheltenham) (LD)
I, too, will try to be brief. I congratulate the hon. Members for Romsey and Southampton North (Caroline Nokes), for Ealing Central and Acton (Angie Bray), and for Penistone and Stocksbridge (Angela Smith) on their accurate and appropriate comments about this serious issue.
I would like to draw the Minister’s attention to the latest in a long series of cases that have hit the headlines in my constituency. On 7 May, the headline in the local paper stated: “Savage dog went in for the kill”. It recounted the story of an Alsatian cross called Cleo that suffered horrific injuries at the teeth, I suppose, of a husky-type dog in Springfield park in Cheltenham. Her owner was 71-year-old Mr Robbins, who has already had a triple heart bypass. I imagine that he was terrified by the whole incident. It probably posed a threat to his health, and it would certainly have terrified any bystanders, especially parents, who may have imagined what could have happened had it been their child, rather than another animal, that irritated the dog. Mr Robbins said:
“It was a vicious attack and it was horrible to watch…The man was kicking his dog to get him to stop.”
The dog that attacked Cleo was on a lead, but dragged its owner to the ground as it pounced. According to the article,
“Police have not established whether the owner of the other dog could be charged with breaching the dangerous dogs act.”
That may provoke looks of astonishment from the Minister and other hon. Members, but we can draw a few conclusions from that story. First, the dog in question was not one of the four banned breeds—I am not sure when a Japanese Tosa was last seen in Gloucestershire, or whether Gloucestershire constabulary would recognise it if it saw one. Although that part of the legislation should remain—I would not want to be the Minister who removed it and later saw an attack by a dog of that breed—emphasis needs to shift away from breed and towards behaviour.
Secondly, because the attack was on an animal rather than a human, it carries less weight under the Dangerous Dogs Act 1991, and that issue needs to be tackled. Thirdly, the owner tried to control his dog by kicking it which, as we have often noted, suggests that the origin of the dog’s problem lies with the owner. As the hon. Member for Ealing Central and Acton rightly pointed out, there is no definitive way of identifying a dog’s owner. I know from Cheltenham animal shelter and other places that at times, people have claimed ownership of a dog until they realised that they were at risk of prosecution, at which point they passed the animal to someone else. That also has to be tackled. Universal microchipping is ready to roll. Welfare charities know how to run the system; it takes seconds and costs a few pounds, and if it makes a surplus to enable the provision of more resources for dog control, that would be desirable. The time for universal microchipping has arrived.
We must not, however, wear rose-tinted spectacles when looking at this issue. As well as owner behaviour we must tackle dog behaviour. If a dog is showing extremely aggressive behaviour, as in the case I mentioned in my constituency and other such instances, we need powers to deal with that. The Association of Chief Police Officers, the Royal Society for the Prevention of Cruelty to Animals and other organisations have pointed out the importance of early intervention. Whether or not that involves control orders—dog ASBOs, as they have been called—we need something to enable properly licensed persons in a local area, including those who work in animal shelters, local authority employers and the police, to exercise professional judgment about whether a dog is dangerous.
One animal I saw at Cheltenham animal shelter was so aggressive that the well-trained staff could approach it only with a humane version of a cattle prod. They were not clear who the owner was, and did not know whether, if someone claimed to be its owner, they would have to release that dog out into the community. The dog that attacked poor Cleo is still at large in Cheltenham. Something is badly wrong if we cannot confiscate a dog when necessary. Even if no attack has taken place on a human being or been documented to the satisfaction of current legislation, if a dog is clearly aggressive in the eyes of professionals, they should have the power to confiscate it. They do not necessarily need to put it down; it could be neutered, trained or re-homed. In extremis, sometimes a dog may need to be put down. Unless such matters are tackled with care and a degree of urgency, I fear that I will read more headlines like the one that I quoted from the Gloucestershire Echo, and I would not want that. I hope that the Minister understands the urgency of the problem.
Paul Uppal (Wolverhampton South West) (Con)
I congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this debate. I have one minute and 30 seconds for my speech, so I will make one basic point. For me, the issue comes down to basic common sense, and in that respect, dog owners are like parents. I echo the sentiment that the issue is not about dangerous dogs, but dangerous owners.
I am a parent of three children, and in the minute that remains I would like to repeat a brief quote. When I was a candidate, the wisest thing said to me came from an individual in a mosque who recited a saying that I believe is 3,500 years old. It is an Indian Veda; it may be apocryphal, but its essence is as follows: we spend time with children from the age of nought to seven; from seven to 14 we educate them; and from 14 to 21 we love them unconditionally. If dogs are brought up in an environment where they have little engagement with their owners and little emotional input, are we surprised that society has to pick up the pieces? In essence, it is about responsibility.
I will finish by echoing the words of my right hon. Friend the Prime Minister. If a person chooses to own and look after a dog, they should be legally responsible for the actions of that dog. In agreeing to take the dog into their home, they must ensure that the dog is safe and behaves appropriately wherever it is. That is the essence of the issue. I am sure that my right hon. Friend the Minister will cover all the other points about breed and deed, microchipping and so on, but for me, the essence of the issue is the ownership of the dogs.
Mr William Bain (Glasgow North East) (Lab)
It is a pleasure to speak under your chairmanship again, Mr Bayley. I congratulate the hon. Member for Romsey and Southampton North (Caroline Nokes) on securing the debate. It has been remarkably well attended and has shown great insight from hon. Members from Northern Ireland, from urban constituencies and from rural constituencies. There has also been great consensus across the Chamber that this problem must be dealt with for the benefit of people throughout the country.
We heard some fine speeches. A particularly fine speech was made by the hon. Lady, who dealt with the issues in a very practical and consensual way. We also heard from the hon. Member for Ealing Central and Acton (Angie Bray). We heard from the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) on the impact of the dangerous dogs legislation in rural communities. The hon. Member for Norwich South (Simon Wright) spoke about responsible ownership and the effects that compulsory microchipping would have. The hon. Member for Gosport (Caroline Dinenage) spoke about the ineffectiveness of a reactive approach to the current dangerous dogs strategy.
The hon. Member for Cheltenham (Martin Horwood) spoke about the need for early intervention and addressing the behaviour of the owner. The hon. Member for Wolverhampton South West (Paul Uppal), in his brief but very cogent remarks, stressed the need for policy makers to address the environment in which dogs are being brought up and stressed responsible dog ownership.
My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) spoke very cogently about the need to extend the dangerous dogs legislation to private property. She spoke movingly about the impact that the failure to do so has had on her constituents. She also spoke about the need for education on responsible dog ownership. My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) has great experience in these matters, having been in the Department for Environment and Rural Affairs and having been involved in launching the consultation. He spoke with great power and authority about the need for an urgent Government response and action on the part of the House to deal with the situation now.
The need for further action is shown by even a cursory analysis of the number of prosecutions and the number of persons found guilty of offences under the Dangerous Dogs Act 1991 in the past 13 years. In 1998, 764 people were proceeded against under the 1991 Act in England and Wales, yet by 2008, the number had risen to 1,247. In 1998, of those 764 people proceeded against, 406 were found guilty of an offence; that number had risen to 889 by 2008. The problem has become so serious in London that the Metropolitan police set up a status dogs unit in March 2009. They did so because of the serious impact on antisocial behaviour in London.
Department of Health figures show that 565 dog attack victims needed to go to hospital in August 2010. That was up from 538 in June 2010. The problem is one that constituents throughout the country are raising with Members of Parliament, and the Government have to get a grip on it and address it urgently.
I am in the very good position—perhaps even the hon. Member for North Wiltshire (Mr Gray) will be satisfied with this—of being the walking embodiment of the West Lothian question this morning, because from 26 February 2011, my constituents have benefited from improvements to the law made by the Scottish Parliament. Of course, the issue is largely devolved. It is instructive to consider what the Scottish Parliament decided to do, having explored the issue for the past 18 months.
The Control of Dogs (Scotland) Act 2010, passed by the Holyrood Parliament last year and enforced from February 2011, did not end the prohibition on the four prohibited breeds. It did not bring in a scheme of compulsory microchipping. Those may be issues on which there would be a difference with England. However, the Act did ensure that the legislation would apply to private property, so that postal workers and other employees, children and other dogs and animals would be protected. It also brought in a system of dog control notices—sometimes referred to as dog ASBOs—which place real responsibilities on the owner, in terms of their conduct. Conditions imposed by a notice can relate to such things as training and neutering of animals. There is a great deal in the Scottish approach that could be taken up by DEFRA. There may be differences, but certainly the direction of travel followed by the Holyrood Parliament and, indeed, the Northern Ireland Assembly commends itself to this House and DEFRA.
The consultation closed last June. Since then, the Government have been informing us that we will hear soon what the response will be. In a written answer in December, the Minister said that we would hear early in the new year. We are now into July, but hon. Members are none the wiser. I hope that when the Minister winds up this debate, he will be able to outline the broad principles of the changes that will be taken up by DEFRA. We can see from this debate that there is consensus across the House. The Government would have support from those on the Opposition Benches for the introduction of a Bill in 2012, after the next Queen’s Speech, to deal with the fact that the 1991 Act does not apply to private property, to deal with the lack of enforcement options available and to allow for compulsory microchipping to be introduced if DEFRA wanted to do that.
What is remarkable about the issue is the degree of consensus in civic society. Battersea Dogs and Cats Home, the Blue Cross, which I visited late last year, Guide Dogs for the Blind, the Kennel Club, Prospect, the Police Federation, the Royal College of Nursing, Unison, the Union of Shop, Distributive and Allied Workers, Unite and, of course, the Communication Workers Union all support the campaign for a change in the law in England.
When we examine the data—what is happening on the ground year by year—we see that the case for change is strong and urgent. As many hon. Members pointed out, 6,000 postal workers are injured every year in dog attacks. Hospital admission statistics show that 2,500 adults and 1,200 children were either treated in accident and emergency departments or admitted to hospital in the 2006-07 financial year alone. As has also been said, most notably by my hon. Friend the Member for Poplar and Limehouse, in the past four years, eight people have been killed and 197 people have been seriously injured in dog-related incidents. This is a serious problem, not just for urban Britain but in rural Britain.
Hon. Members ably set out the case for preventive action. In the public’s response to the consultation launched by DEFRA, 78% of people believed that consolidation of the law and taking proactive and preventive steps were the most important way of improving the law at the moment. Hon. Members also pointed out the need for discretion in the seizure of dogs. In a written answer, the Minister provided stark statistics on the number of animals seized in the past two years. Perhaps DEFRA could consider giving the police greater discretion regarding the necessity of seizure in any legislation.
The case advanced by the public is clear: 88% of the public believe that change is needed. We need to move to an approach that is based less on the breed of the animal and more on the deed of the owner. We need to promote responsible dog ownership. We need to ensure that local authorities and police authorities, which are under great stress because of some of the Government’s public spending policies, have dedicated resources in place to deal with enforcement. The Opposition are prepared to work co-operatively with the Government, and if we move forward together, we can secure reforms that will be in the interests of animal welfare, employee safety and public safety.
The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)
I am pleased to serve under your chairmanship, Mr Bayley, and to reply to the debate, which was introduced by my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). I, too, congratulate her on securing it; like the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), I heard that a number of people wanted to secure a debate on this subject, but fortune favoured my hon. Friend. Clearly, I will not be able to pick up every point that has been made in the debate in the time that remains, but I will try to explore the main issues, as DEFRA is indeed doing.
I start by saying that there is absolutely no difference between the Government’s position and that shared by every Member who has spoken this morning—there is a need for change, and there can be no doubt about that. My hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) asked whether there is real evidence that the situation is worsening, and I assure him that there is; indeed, after he spoke, other Members, including the hon. Member for Glasgow North East (Mr Bain), trotted out some statistics. Action must, therefore, be taken. As hon. Members have said, the issue crosses different Departments, which is unfortunate, but they will appreciate that that means that DEFRA has to work closely with other Departments, particularly the Home Office.
My hon. Friend the Member for Romsey and Southampton North said that she owns a couple of exuberant cocker spaniels, and any of us who owns one or more dogs should, like me, treat that close relationship as a privilege. When a dog actually does something that we tell it to do, because it is properly trained, that is a privilege and a reflection of a close personal relationship—sometimes, it is probably easier than trying to train our children. [Interruption.] I will not repeat the sedentary comment from my hon. Friend the Member for North Wiltshire (Mr Gray). However, such a relationship is a privilege, and all of us who consider ourselves to be responsible dog owners understand that. It is therefore difficult to understand the mentality of people who do not have that relationship, who even go out of their way to create a totally different relationship and who treat their animals with the cruelty that hon. Members have mentioned. In that respect, we are seeing a deterioration, and, tragically, there has been another attack on a child in the past 24 hours. Fortunately, it was not fatal, but we all send our support and sympathy to the family and hope that the child recovers quickly.
We need to respect the principle that we should get these things right and avoid jumping in simply because something must be done. I agree that something must be done, but if we are not careful, we tend to take precipitate action, which is exactly what happened in 1991, when, as we all accept, the Government of the day rushed to introduce the Dangerous Dogs Act, which was not the salvation that people thought it was. We therefore need to get things right and to ensure that any changes have a real impact on reducing instances of irresponsible dog ownership—the issue of the deed, which so many hon. Members have spoken about.
Let me take a minute or two to go through what we have been doing in the past 12 months. In that context, the hon. Member for Poplar and Limehouse gave his successor—namely me—a hospital pass. It must have been one of his last decisions before the general election to launch the consultation—as has been said, the consultation did not finish until well after the election. Since then, we have been analysing the 4,250-odd responses. Clearly, now is not the time to go through all the results, but it is interesting that some of the answers are not what one would have expected. The first question was about whether to extend the 1991 Act to private property, an issue that the hon. Member for Penistone and Stocksbridge (Angela Smith) mentioned. Some 63% of respondents said no, and 37% said yes, which is a surprise, but it just shows that there is not great agreement on all the issues, and the same interpretation could apply on other issues.
The Home Office consultation was launched by my right hon. Friend the Home Secretary, who made it clear that the Government expect everyone to have a right to feel safe in their home and neighbourhood. She also made it clear that antisocial behaviour should be a priority for local agencies, including the police, councils and landlords. She was referring to antisocial behaviour across the piece, and much of what we discuss in relation to dogs involves people, too, which is why there is a crossover.
I will not go through all our proposals in the consultation document, because I assume that hon. Members have read it, but the new flexible tools proposed by the Home Office would replace the 18 formal powers currently in use, including those applicable to dogs. Under the proposals, control measures on dangerous and nuisance dogs would be effected largely through the new crime prevention injunctions and community protection orders. The Home Office is analysing the results of its consultation and will publish a summary soon.
In addition, DEFRA is looking at the results of the earlier consultation to see how the Home Office’s actions and ours would meld together to address the very real problem that we face. I assure hon. Members that my noble Friend Lord Henley, who leads on this issue, is discussing it with all the civic organisations that the hon. Member for Glasgow North East mentioned.
I want to refer to the quite proper point about Scotland and Northern Ireland. I assure hon. Members that we are very much aware of the decisions that have been taken there, and we are in close contact with those involved. As the hon. Gentleman said, the provisions have been in place for only a few months, so it is early days in terms of judging whether they will work. However, I assure hon. Members that we are not averse to introducing such measures, if they work.
Several Members discussed dog control notices, which many people see as an example of preventive action, in that they can be used in circumstance where a dog is unruly without actually being dangerous. The Home Secretary’s review, which I have just mentioned, includes the full range of measures currently being used to prevent people from allowing their dogs to be a nuisance or a threat to others. The measures include everything from keeping dogs on the lead to dog fouling and tackling those who allow their dogs to threaten and intimidate. We are working closely with those involved.
For those who use dogs as a weapon, there are already some severe penalties. Although it is an old Act, the Offences Against the Person Act 1861 provides that a person guilty of such an offence can face a long prison sentence, including up to life in certain circumstances. There is legislation—it might not be the easiest to use, but I assure my hon. Friends that it exists.
There is also the issue of section 1 of the 1991 Act—the breed-specific legislation—which we discussed. ACPO tells us that without breed-specific legislation and, more specifically, the prohibition on pit bull terriers, there would have been many more attacks. The vast majority of police officers are of the view that pit bull terrier-type dogs are not suitable to be kept as pets, unless they are in strictly controlled conditions. We must also recognise that other breeds—the hon. Members for Cheltenham (Martin Horwood) and for Norwich South (Simon Wright) mentioned some—have occasionally attacked people or other animals. That is why section 3 of the 1991 Act applies to all dogs, regardless of breed.
There is also the issue of extending the criminal law to private property. I mentioned the response in the consultation, and I do not want anybody to read anything into that, other than that it is an example of how public consultation does not always produce the answer we expect. As the hon. Member for Penistone and Stocksbridge rightly said, there is currently no criminal liability if the dog itself is not trespassing. Extending the law would allow the police to investigate all dog attacks on private property to establish the facts and see whether a prosecution should be brought. Extending the law in that way might, on the face of it, be an easy thing to do, but we must avoid the law of unintended consequences, which is a frequent problem. Do we really want a home owner to be investigated as a possible offender and to be at risk of prosecution because their dog acted in a way that most people would consider only natural, in that it defended the property on which it was brought up?
I do not have time to answer the many other points that were properly raised. Let me conclude by saying that we are ruling nothing out at this stage. All the measures that have been advocated are under close consideration. I wish that I could give a precise timetable, but I can only repeat that it will be soon. We are working closely with the Home Office to get on top of what we all accept is a serious situation.
Flood Defences
(12 years, 10 months ago)
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Miss Anne McIntosh (Thirsk and Malton) (Con)
It is a privilege and pleasure to serve under your chairmanship, Mr Bayley, as my immediate constituency neighbour and someone who is familiar with the problems of flooding in Yorkshire.
I am delighted to have secured this debate on the implications of the potential delays to planned flood defence systems. In the short time available, I want to focus on a technical point and relate it to my constituency, North Yorkshire and Yorkshire and the Humber, areas with which I am familiar. I hope to put to my hon. Friend the Minister a once in a lifetime opportunity. I am sure that there are occasions when he lies awake in the middle of the night wondering what he can do, in what one hopes will be a long ministerial and parliamentary career, to make a difference. I suggest that he has an opportunity here and now to make a difference to a large number of people not only in Pickering, Thirsk and North Yorkshire, but in the rest of the country.
The Minister is familiar with the background to the scheme, and I am delighted that the Secretary of State had the opportunity to visit Pickering and see the work on the “Slowing the Flow” project. The Minister will know that the original £6 million scheme for flood defences at Pickering was rejected by the town and the district civic society, but, eventually, in April 2009—with confirmation in 2010—funding for the Pickering pilot project was announced. It is a unique, pioneering scheme, with Government bodies working closely with communities, where there is not an established pot of money. There are particular difficulties with the course and nature of the river upstream of Pickering, which, as you will be aware, Mr Bayley, is where the beautiful North Yorkshire Moors railway is located. The innovative and pioneering scheme involves creating buffer strips along water courses, digging ditches and blocking moorland drains, as well as planting trees.
The scheme was created with the compliance of the landowner and in partnership with the Environment Agency, the Forestry Commission, Durham university, as an academic partner, the North York Moors national park authority, Natural England and Ryedale district council, primarily driven by Pickering town council and the local floods group. There was extreme shock, surprise and disappointment when in June, at the eleventh hour—the technical aspect of the scheme that I want to discuss was due to start this summer—the scheme was put on hold and effectively cancelled, as the cost was deemed to have undergone a staggering increase from an initial £1.3 million to a total of £3.2 million. That was alleged to be due to the requirements of the 1996 guidance to the Reservoirs Act 1975, which is the focus of my questions to the Minister and of my call for action.
The guidance states that the bunds must be able to withstand a one in 10,000 year flood event. However, one local, who is expert in the matter, has said:
“While I appreciate that more detailed modelling and info was constantly coming to light to influence the res engs decision, the fact remains that the critical factors of bund capacity of 85k m3 and the number and proximity of properties at Newbridge remained constant throughout.”
You almost could not make this up, but I did not appreciate before preparing for the debate that a community is 10 properties. Were there only nine properties at Newbridge, the scheme would proceed apace. There would be no cause for delay or concern about the reservoir. Newbridge has been there for far longer than the proposed scheme.
One option—not my favourite—would involve the compulsory purchase of one of the dwellings or properties at Newbridge. That would be the most regressive and least favoured option, but it shows how daft it is that some of the definitions, such as the number of properties that form a community, lead to perverse decisions. As my constituent goes on to say:
“I just cannot understand an anomaly within effective legislation that allows this.”
That is a reference to the fact that the interpretation of the Reservoirs Act 1975, through the guidance, is either woolly or misleading. Although it appears on the one hand that high-risk criteria are precisely laid down, there appears to be a get-out clause to lower the classification to low risk. My constituent concludes:
“I shudder to think what these obligatory Res Engineers are being paid”—
that is his personal comment, I hasten to add—
“but there is something seriously wrong when their interpretation can vastly alter the design criteria from one month to the next when all the physically present criteria remain constant…unless the application of common sense is overtly permissible.”
Miss McIntosh
I wish to make progress.
I do not want to use the debate to apportion blame. I want to use it in a constructive way to urge the Minister to remove the barriers to this project and to other projects. There are similar difficulties in Thirsk, and the common thread of the flood defence schemes is that part of the project in both Thirsk and Pickering allows a storage bund to be created. However, that is now being defined as a reservoir under the Reservoirs Act 1975. My conclusion is that the projects are being over-engineered with structures that are too complicated, and falling foul of the iniquitous 1996 guidance note to the 1975 Act. Clearly, there is a gap between aspirations for individual projects, such as the Pickering pilot project and the Thirsk flood defence scheme, and the ability of the Environment Agency and others to deliver on such schemes.
The Pickering bund scheme has highlighted a lack of clarity about high risk and lower risk in the 1975 Act, and, therefore, a major disconnect between legislation and guidance. There is little guidance beyond the matter of actual reservoirs. It does not seem sensible to build bunds to withstand a flood of biblical proportions, when communities downstream of 8,000, 10,000 or 14,000 properties are being held back by a community of 10 properties. Those communities downstream, in that eventuality, would already be both evacuated and in any case devastated. I agree with another of my constituents that that massively over-engineered standard is denying Pickering residents protection from repeated and frequent flooding. Will the Minister confirm that the return periods are based on data since the late 1980s? In that case, one in 10,000, or 235 cubic metres per second, can barely be described as an educated guess. On what basis were the figures reached? Pickering starts to flood at 12 cubic metres and seriously floods at 15, but in 2007 there was approximately 29 cubic metres. At 235 cubic metres—the one in 10,000 years risk—the town would be devastated and possibly extinct. The Flood and Water Management Act 2010 contains no specific provisions for bund schemes of this type.
I turn next to the personal liability of reservoir engineers in the event of structural failings. It would be totally impractical to ask the two reservoir engineers to risk their personal liability, as it would result in hugely over-cautious, over-engineered and therefore over-priced structures. Liability needs to be shifted from the individual to a public body such as the Environment Agency—or, in my view, the Environment Agency’s political master, the Minister.
Well over £1 million has been wasted in Pickering, and it has produced nothing. We do not want more feasibility studies, consultants or modelling unless specifically needed for a bund. There is a scheme on the table, which everyone believed would work, and there is a great desire and the practical and political will to make it work.
I shall take this opportunity to put a number of questions to the Minister and to tell him of a number of possible solutions that I have identified. The “Slowing the Flow” project in Pickering has been hampered by the fact that although it is a demonstration project, and although part of it is already under way—I have mentioned the creating of buffer strips, the digging of ditches, the planting of trees and the blocking of moorland drains—I am told that no engineer has yet quantified the volume of water that will be retained. That is staggering, given the work that the Conservative party did in opposition, the fact that the Department recently produced its natural environment White Paper and the work undertaken by a number of water companies.
Miss McIntosh
I wish to make progress.
“Slowing the Flow” was always a demonstration project. Implementation requires a major policy change by the Environment Agency, from highly expensive hard defences to affordable simplicity. We should keep things as simple and unstructured as possible, working with nature as closely as we can. However, that appears to be outside the engineers’ and the agency’s comfort zone. Where is the expertise? Is the answer in the White Paper? Is it already known by the water companies? If it does not exist, it should be developed. Is the Department minded to develop it?
The key to this debate is whether the Minister has the power to vary the 10,000 and 25,000 cubic metre thresholds. I understand that the reservoir guidance notes drafted by the Institution of Civil Engineers and agreed by the Department and the Environment Agency can be varied. Schedule 4 to the Flood and Water Management Act 2010 amends the Reservoirs Act 1975. New section A1(6) of the 1975 Act states:
“In making regulations under subsection (5) the Minister shall aim to ensure that a structure or area is treated as large under the regulations only if 10,000 or more cubic metres of water might be released as a result of the proximity or communication mentioned in that subsection.”
New section A1(7) of the 1975 Act states:
“The Minister may by order substitute a different volume of water for the volume specified in subsection (3) or (6).”
This is the thrust of my debate. The project could probably go ahead if the Minister were to be bold and use that power of variation. He could also instruct the Environment Agency to replace the dam at Mill lane with an automatic sluice. In the longer-term, he could ask Yorkshire Water to consider storing water underground through enlarged sewer pipes. He could even instruct the Environment Agency to compulsorily purchase one of the 10 properties at Newbridge. I have been reliably informed that the chances of finding extra money or exploring local authority options through the flood defence committee or through development gain are minimal.
This is an individual debate, and I am asking for the Minister’s urgent reply. I urge him to go back to the drawing board to find a similar scheme that can use the £1.3 million already on the table and re-examine the engineers’ judgment that category A status applies to the reservoir and the two bunds upstream. Most urgently, I ask him to waive the reservoir guidance notes by using his ministerial discretion and common sense, for which he is well known.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)
I congratulate my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) on securing this debate. On behalf of her constituents, she has raised the subject through every conceivable parliamentary mechanism, and I entirely understand why. I know that the matter is extremely important to her constituents. My hon. Friend was right to say that my right hon. Friend the Secretary of State has visited Pickering. She saw the project at first hand, and returned to the Department impressed with innovative ideas that involved a variety of mechanisms, particularly those that incorporated the natural environment as a flood alleviation and flood resilience asset. I note the presence of right hon. and hon. Members from other areas that face similar problems. The concept of holding back water is vital to a variety of communities and we want to ensure that our legislation supports common sense and is governed by proportionate rules.
Richard Benyon
My hon. Friend the Member for Thirsk and Malton asked a number of questions, and I shall answer some of them before allowing others to intervene. She has submitted some written questions, and she will receive a reply in the next day or so. Today, she asked a question about the number of people who live below a reservoir risk. I understand that it is not 10 properties; the definition of a community in this instance is considered to be not less than about 10 persons who could be affected by a disastrous breach as a result of the under-provision of spillway capacity. That is the crux of the issue. The independent assessment said that the reservoir would require greater spillway capacity. To me and to other laymen, that does not sound a massive issue, but it increased the cost of the project way beyond what was possible.
Certain questions float around, such as what is a bund, and what is a reservoir? A flood defence bund is an embankment designed to prevent flood-water flowing from a watercourse and flooding adjacent land. The water is held up and then released through a controlled mechanism. We have to be compliant with the Reservoir Act 1975, which my hon. Friend identifies as the villain of the piece.
My hon. Friend will be pleased to know that we are reviewing the guidance. I do not know whether she has seen a copy of it, but I have. It is thick and highly technical. She is right that the independent assessors from the Institution of Civil Engineers who make these judgments are singularly liable. Once the asset is built, it will be the Government who are liable through the Environment Agency. At the moment, however, liability for the level of comfort that has to be achieved rests with individuals, so they want to get it right. There is undoubtedly an incentive for them to be precautionary, but the Government have to ensure that, in our desperate desire to see comfort given to communities such as Pickering, we do not rush measures through that in years to come, with the climate changing as we know it is, may pose catastrophic risks for many people.
Mr Andrew Smith
I am grateful to the Minister for giving way. Given that this was a pilot project of national significance designed to find out what could be achieved through land management to reduce flooding—an issue of concern in many parts of the country, including my constituency—what implications will the shortcomings that the hon. Member for Thirsk and Malton (Miss McIntosh) rightly identified have for the evaluation of the pilot for other areas?
Richard Benyon
That is a key point, and I will come on to talk about how we are reviewing the situation, principally in Pickering, and the implications that it will have for other areas.
The Environment Agency is responsible for technical judgments on flow rates and volumes. The Institution of Civil Engineers is the expert, and it is vital that we have such organisations. The Environment Agency has assessed with the panel engineer the volume of water that needs to be stored. My hon. Friend the Member for Thirsk and Malton made a point about powers that I may or may not have to do with variation. Under the Flood and Water Management Act 2010, the threshold has been reduced from 25,000 to 10,000 cubic metres. That is the area in which Ministers can apply variation, depending on the circumstances. However, that element of the Act has yet to be formally adopted. When it is, that variation will be in the power of Ministers. Under the current scheme, the Secretary of State and I do not have the power to vary the rates.
Miss McIntosh
I am delighted to be able to help my hon. Friend on that point; someone in the Institution of Civil Engineers has put it to me that that might be suitable for Ministers, but not under the 2010 Act. Its provisions and the reduction in rates caused shockwaves in golf clubs and farms. Those reductions have huge implications for future reservoir building, but that is not the purpose of the debate today. Under the 1998 guidance to the Reservoirs Act 1975, the Minister has the power to make an order proposing the scheme in Pickering. We have to balance removing the risk of river flooding with the slight risk caused by the presence of a reservoir upstream to the communities at Newbridge. He has the power; I urge him to use it before the House rises for the recess.
Richard Benyon
I recognise the point that my hon. Friend makes and it is now on the record. My officials and I will look carefully at it. However, that is not the information that I had when preparing for this debate, so I will take that point away and get back to her.
Let us look at the case that my hon. Friend raises, because it is important to understand the history. I apologise to other hon. Members who might wish to intervene, but I have only a few moments left. My hon. Friend called this debate and I want to be able to answer her points. Last September, an independent reservoir engineer was appointed to assess the proposals in the context of the Reservoirs Act 1975. The Act is designed to ensure that public safety is maintained. The engineer acted in accordance with guidance produced by the Institution of Civil Engineers. At that stage, the engineer identified the reservoir as a category A reservoir. That classification means that a breach of what could be an 85,000 cubic metre reservoir could seriously endanger a community—we have already discussed what constitutes a community. As a result, it is only right that the highest standards of public safety apply. At best, a failure would increase the level of flood-water, thus defeating the purpose of the scheme. At worst, a catastrophic failure would result in human tragedy. The engineer agreed necessary design standards that should apply in this case to maintain public safety.
In March, new modelling led the engineer to conclude that a higher design standard was necessary. In May, a second opinion was sought, again from an independent reservoir engineer. The second opinion confirmed that the Institution of Civil Engineers guidance on the 1975 Act had been correctly applied and that a higher standard was needed. That led to a redesign that incorporated the higher design standard of the spillway, to which we referred earlier. Inevitably, that pushed up costs. Despite the significant local investment already on the table, the shortfall in funding amounted to around £2 million. Frustratingly, at that level of cost, the scheme is not cost-beneficial under the Treasury Green Book rules. It is not my view that the guidance is wrong. That said, the case does underline the sense in reviewing the guidance. That is a firm assurance that I can give to my hon. Friend today. A review on highly technical guidance—I have already referred to the complexity of the document—is not a quick fix, and will require broad engagement. In the mean time, I welcome efforts to reassess these proposals.
The reservoir is clearly an important part of the plans for the area. That said, I know that many of the innovative approaches that my hon. Friend has described are continuing in parallel. It may well be that we can fairly quickly achieve a different scheme that complies with the Reservoirs Act 1975 and has a sensible cost frame and a sensible cost-benefit analysis result. All the work going into reviewing the guidance will not affect the implementation of the Flood and Water Management Act 2010. If it does, Ministers will have the power to apply other criteria to assess whether, on the balance of risk, it is right that these schemes should go ahead even with the lower threshold.
The reservoir is clearly an important part of the plans for the area, so I genuinely applaud the real openness and innovation. There has been engagement with the local authorities, local landowners and many other partners, and leadership from my hon. Friend.
The Environment Agency and local partners are working hard to reassess the designs and to drive down costs. Other options that were originally put forward are also being discussed. Once consideration is complete—I expect that to be at the end of July—the agency is eager to continue working with local partners to explore what can be done while maintaining public safety.
Anne Marie Morris (Newton Abbot) (Con)
I am sure that the Minister will listen carefully in this case, as he did when he enabled me to have a flood scheme in Teignmouth, for which I am extremely grateful.
Richard Benyon
I am grateful to my hon. Friend for coming to this debate; not all hon. Members come to debates to give a thumbs up. The difficulty with flood defences is that we only know that they work when issues are not raised because problems have been resolved. I know that the issue is a burden for the constituents of my hon. Friend the Member for Thirsk and Malton, the right hon. Member for Oxford East (Mr Smith) and the hon. Member for Wansbeck (Ian Lavery). There are serious problems affecting communities around the country. We are changing the way in which we approach flood funding.
Richard Benyon
If the hon. Gentleman’s intervention will take no more than two seconds, I will give way.
Ian Lavery
My point relates to the potential delays. We now have funding from Northumberland county council, as well as the Environment Agency. Will the Minister see whether we can progress the Morpeth flood alleviation scheme as a matter of urgency?
Richard Benyon
I can assure the hon. Gentleman that the scheme is being progressed as a matter of urgency, following meetings on the subject, and thanks to the forceful way in which he puts his case—as does my hon. Friend the Member for Thirsk and Malton. There are no national secrets here. There is no impediment other than the need to find a sensible way forward that can be afforded. As my hon. Friend rightly points out, her local authority—and that of the hon. Member for Wansbeck—has put forward some more money to ensure that the scheme can operate. I will go through any proposal that my hon. Friend the Member for Thirsk and Malton brings forward. We will consider all the points that she has made and ensure that the absolute powers of the Minister are understood. If we can make a difference at this stage, prior to the change in the guidance, we will make it, but my understanding is that that will require the implementation of an element of the Flood and Water Management Act 2010, which we are keen to see taken forward.
My hon. Friend says she wants a result before Parliament rises for the recess; she wants to be able to give her constituents the assurances that they need. I can promise her that I will give every assurance that I am able to give. I will work with officials and local people in her constituency to ensure that we achieve the result that they all want, which is a lifting of the burden of the threat of flooding from their lives.
Employment (North-West)
(12 years, 10 months ago)
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Mr Gordon Marsden (Blackpool South) (Lab)
As always, Mr Bayley, it is a great pleasure to serve under your chairmanship; I have done so on a number of occasions. I give thanks—spiritual or otherwise—for having been given the opportunity to introduce this debate, which is particularly timely given that we have just had a series of apprenticeship results and some major Government announcements on employment.
As I hope any MP would do, I want to start by singing the praises of my region and saying what it can do about employment. The north-west and its young people benefit from having a diverse, dynamic region with strong areas of sectoral employment. It is strong in manufacturing and in the service and creative industries, many of which are based in my constituency in Blackpool.
These issues are not just of historic importance. We have a proud history of achievement and innovation in industrial apprenticeships, but we also have new developments coming on stream. I particularly want to pay tribute to all the work that is being done to bring the BBC to Media City in Salford, Greater Manchester, thus building on the legacy of Granada Television. Of course, all such developments offer opportunities for young people to get not only skills but jobs in the region. The retention of young people in the region will build and strengthen our potential in the years to come.
Excellent work is being done to attract young people into fulfilling careers by a number of businesses, both large and small. In particular, I want to bring to the attention of Members today the work that is being done at BAE Systems. In my constituency, hundreds of people are directly employed at BAE and a large number of people are employed indirectly by BAE. Of course, the BAE apprenticeship scheme is frequently hailed as one of the best in the sector, because it gives young people real career opportunities that are comparable to those enjoyed by graduates.
In 2009, in my capacity as chair of the all-party group on skills, we conducted a major inquiry into progression through apprenticeships. One of the most vivid pieces of evidence was given by a young apprentice—a young man—who had actually worked for BAE at Warton. He had just completed his course and acquired a very good degree. He spoke before all the current discussion about fees in higher education and made the point that, as a result of being employed by BAE, he had come out of the system with a good degree, which would enhance his career prospects within BAE and without incurring the debt that some of his school contemporaries had incurred.
Of course, in the Blackpool area, we also have the nuclear skills complex, or academy. Again, it would be fair to say that, after a number of years of quiescence, the ability of that academy to take on young people has expanded. That is important to people in Blackpool, because a number of our people have been employed at the Springfields nuclear site.
I pay tribute to the National Apprenticeship Service in the north-west for working tirelessly to encourage businesses to take on apprentices and to encourage young people in the north-west generally to consider the options offered by apprenticeships. In 2009-10, more than 20,000 young people in the north-west started apprenticeships, and more than 500 of them were in Blackpool.
As MPs, we see the importance of apprenticeships most vividly when we go to particularly successful companies in our constituencies. Last week, I had the privilege of visiting a company called Ameon, which is a major construction-based business on the edge of my constituency in Blackpool. I quote from The Blackpool Gazette:
“The firm, which boasts a turnover of more than £20m, has created six new electrical apprenticeships…awarded to teenagers from Blackpool and Manchester”.
While I was at Ameon and talking to its very dynamic managing director, Robin Lawson, I was introduced to two young men who had been employed by Ameon and who had just completed their part-time degrees at the university of Central Lancashire. Again, those young men had gone through that system without incurring debt.
Of course, the north-west also benefits from a vibrant collection of universities, further education colleges, schools and sixth forms, including many in my own area. I pay tribute to the North West Universities Association for its sterling work in establishing the link between schools and universities.
As many north-west MPs know, there are also many excellent schemes that can offer young people opportunities to train and learn on the ground. For example, there are opportunities with some of the local volunteering teams. I found myself working on such an initiative with the Blackpool Circus school—a school that is very appropriate for Blackpool. Those teams help many young people into volunteering and training opportunities. The Get Started unit in Blackpool, which was funded by the local enterprise grant initiative established by the previous Government, has helped many young people in Blackpool into jobs and careers. Many of them work for small businesses or have become sole traders.
Like many local newspapers, my own local newspaper—The Blackpool Gazette—launched a campaign earlier this year to find 100 apprenticeships in 100 days. I was very pleased to attend the launch of that campaign and the newspaper achieved its target.
Those are all good things, but it would not be reasonable if I did not say that there are big problems in the north-west, particularly for young people in the region who are looking for career opportunities. Many local authorities in the north-west were hit with a double whammy in the cuts programme: first, the cuts last year in area-based grants and, secondly, the general comprehensive spending review cuts, which hit the north-west particularly hard. Area-based grants were historically used—certainly in my own local authority—to support youth work schemes and the voluntary sector. As a result of the cuts to those grants, the position is now nigh-on catastrophic.
On top of the cuts to area-based grants, there has been an 80% cut in the teaching grant in higher education and a 25% cut in capital funding for further education over four years. Again, those cuts could put severe pressures on schemes and training opportunities for young people.
The most striking and difficult change has been that in the all-age careers service. The Minister will know that I have paid tribute to him on previous occasions for the work that he has done on that service, so I hope that he will not take amiss what I am about to say; I say it not to him but to the Department for Education as a whole. As a result of removing the potential—not the actuality, but the potential—for face-to-face advice and closing off the vocational route for many people, I believe that there will be severe difficulties.
In Blackpool, as in many other places, the Connexions team has already been halved as a result of the budget reduction caused by the cuts programmes that I have talked about. I will just give some statistics on the effects of those cuts: £2 million was taken out of the budget by the outgoing Conservative administration in Blackpool earlier this year, which was a 50% cut; there was a 46% cut in full-time youth workers; a 48% cut in part-time youth workers; a 59% cut in Connexions posts in schools and colleges; and a 61% cut in posts for people working with young people not in education, employment or training. Of course, none of those cuts is exactly good news for young people and their careers.
In its 2009 report, the all-party group on skills highlighted the importance of quality information, advice and guidance to help young people towards vocational routes. That importance was also recognised in the Department for Children, Schools and Families “Quality, Choice and Aspiration” report, with which my hon. Friend the Member for Hartlepool (Mr Wright) was closely associated when he was in government. The Department for Education said in the past that it would, in principle, provide £200 million for careers provision via Connexions funding, but that funding seems to have vanished from the new service.
In June 2011, the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb) responded to a written parliamentary question that I had submitted. He stated:
“The Department for Education is providing funding through the Early Intervention Grant to support access to impartial careers guidance for young people in the academic year 2011-12.”—[Official Report, 7 June 2011; Vol. 529, c.56-57.]
However, the Department’s website says that the early intervention grant is there to fund Sure Start centres, free child care for disadvantaged two-year-olds, short breaks for disabled children and targeted support for families with multiple problems. One is bound to ask just what will be left for careers provision after the money has been divided between all those worthy causes. I hasten to suggest that it is not the loaves and fishes fund, and I do not think that Ministers have yet demonstrated the ability to walk on water, so in both those respects the Department needs to look carefully and rapidly at the negative implications of the current situation.
The axing of the education maintenance allowance will also be a serious blow to young people right across the north-west. I met with young people from my constituency who came down to Westminster to protest against the abolition of the EMA, and they echoed the sentiment that I am sure many of my colleagues throughout the north-west have heard: the allowance was vital in that it gave them the opportunity to stay on in education. A survey that I conducted in local colleges showed that half the respondents felt that losing their EMA would affect their future plans, and I know from meetings with people at Blackpool and the Fylde college and with students in the sixth-form college that the potential the EMA offered was really valued. It remains to be seen whether the replacement that the Government have put in place will be adequate for purpose.
The Government decided not to continue the future jobs fund, despite having indicated before the general election that they might do so, and despite enthusiasm for the scheme. I saw in my constituency how well the scheme worked, with innovative placements such as a group of young people being given apprenticeship roles at Blackpool football club. I am not passing judgment too soon I hope, but it remains to be seen how such proposals will work out via the Work programme. The Government have not yet, it seems, got a handle on how to tackle the growing problems of youth unemployment, particularly in the north-west.
I want to turn to apprenticeships, because despite the positive progress being made—again, I pay tribute to the work being done by all concerned—there remains in the north-west a lack of apprenticeships for young people. The head of the National Apprenticeship Service himself admitted at a recent conference that there remained a chronic lack of apprenticeship places for school and college leavers. However, it is, of course, a question of pull as well as push. There can be apprenticeships—indeed, the Government have increased the number of places—but the question is: how will they be filled?
A City and Guilds survey at the beginning of this year showed that 31% of businesses in the north-west felt that in the current economic climate it was too risky to take on apprentices. That was the highest percentage among the English regions. At a time when the Government have ended the future jobs fund and the previous Government’s guarantees on opportunities for 16 to 24-year-olds, there is a real danger of young people being nudged away from training and from investment in their careers.
Meanwhile, the Secretary of State for Education has been distracted—that is the kindest word to use—over the micro-management of schools and has allowed a crowded and confused marketplace to surface for young people, with academies, free schools, studio schools, university technical colleges and free colleges all jostling in the mix. Is that not a distraction from what should be our clear goal of providing good quality vocational education to those who wish to take it up? How does that haphazard environment fit in with Alison Wolf’s recommendations to the Secretary of State on improving vocational employment? The Government need to strengthen and make clearer their plan to promote apprenticeship take-up, with a much stronger emphasis on work-based learning.
On the use of the voluntary sector, I can cite examples from my own constituency. Volunteer groups are involved with Stanley park. Army cadets play a major part in the organisation of the armed forces and veterans weeks. Fantastic work with disadvantaged young people is being done by the Prince’s Trust and the Lancashire fire and rescue service—again linked with Blackpool football club. All those initiatives provide tasters that offer young people pointers and other outlets for their careers; but ultimately, we have to get right the structures for that process and for that progression to apprenticeships or to whatever career option. University technical colleges might well have a role to play in that, but it is important that we have clarity.
The Association of Colleges just yesterday produced a booklet entitled “Sticks & Carrots: Will Every 16 and 17-Year-Old Stay in Education or Training?” It rightly draws attention to the four things that are key to the policy being best implemented:
“Consistent and sufficient funding…to help Colleges and other education institutions support those who stay in full-time education… Good and appropriate careers advice—
which—
“requires the support of Ofsted and teachers in order to create rigorous standards for Information, Advice and Guidance… The right learning opportunities - We should not assume that all young people wish to stay in ‘academic’ education”.
The final key thing mentioned is financial support and transport, which picks up the point I made a few moments ago.
It is also important to take note of what the report says about the take-up and supply of apprenticeships. It states that the majority of new places have been for adults between the ages of 18 and 24, and that fewer than 5% of 16 and 17-year-olds are apprentices.
We need stronger pathways for work-based learning for young people in the north-west. Much more can be done, and is being done, to promote such work-based training, and I want to refer briefly to the work of the Manufacturing Institute, which is an independent charity founded by north-west manufacturers and universities. The institute’s “Make It” campaign has been working with some 20,000 young people across the north-west, and its partners include Jaguar Land Rover, Siemens, Tetra Pak and James Walker. It aims to give young people in schools and colleges a taster experience, and in the past year, eight enterprise challenge days were sponsored by manufacturing partners and a further three days held in partnership with Education Business Solutions in Manchester high schools.
There are good things going on, but the message needs to go out from the Government to young people in the north-west that vocational education and qualifications are truly valued by them. I am afraid that the hoo-ha around the Secretary of State’s English baccalaureate and the critical comments by Government Members about vocational education have not entirely helped in that respect. The Government need to listen and to get the various agencies to engage with schools more, to give them practical assistance to promote face-to-face encounters and instruction and also some funding, otherwise this will end up like the freedom to dine at the Ritz. The Government need to look thoughtfully at what Wolf says about matching work-based learning to far more partnerships with the voluntary sector and schools.
We need to ensure that teachers understand more clearly what vocational educational routes are out there. Sadly, much of the research and many of the surveys that have been done show that there is still a long way to go in persuading many teachers that a vocational educational route is right for their students. That is especially true in places such as the north-west. We have three types of area challenge. City regions such as Manchester and Liverpool have strong and persistent NEETs levels and skills shortages alongside ambitious regeneration plans. In peripheral seaside and coastal towns such as Blackpool, transients—young people coming into and leaving the town—are key in terms of skills levels. We also have second-level towns and in-between areas, which will not necessarily benefit from the critical mass of jobs and opportunities in the travel-to-work areas. All those areas must have progression and links.
Tony Blair talked about “education, education, education”, but I believe that our watchwords—the Minister has already heard this, so he will have to forgive me—should be “progression, progression, progression”. Our young people in the north-west must be equipped for a working life in which they will change jobs or careers probably four or five times. The situation was not like that for my father, who signed up as an engineering apprentice just before the second world war at the age of 14 with the famous engineering company Crossley and was told by my grandfather that he would have a job for life. Young people will have to be adept at picking up bespoke skills on the job and acquiring the enabling and personal skills that will ease subsequent transfers and take them toward opportunities that include self-employment as well as working for traditional large employers.
To address all that, we need not just proper resources but a proper strategy for progression. So far, the Government have done too little to make those links and enable our young people and their talents to stay in or come back to the north-west. Joined-up pathways to career opportunities will be key to a combination that will enable the north-west’s young people and economy to enjoy the fulfilment, dynamism and achievement to which its history points it.
Esther McVey (Wirral West) (Con)
I am delighted that this debate has been secured, because youth unemployment and the lack of youth opportunities are one of the main reasons why I came into politics. Given that I grew up in Liverpool in the 1970s and 1980s, it is understandable that I wanted to change that. It feels a bit like déjà vu at the moment; it reminds me of what happened in the ’70s and ’80s. Sometimes there are defining moments in a life. One such moment for me was 3 July 1981, when I was in Princes park at the top of Devonshire road as the Toxteth riots began. It was 30 years ago this week when the blue sky changed to orange and smoke billowed up into the air.
The riots might have happened in July 1981, but the situation had been festering for some time, perhaps throughout the ’70s. There was much social unrest, as well as complex economic issues and problems with city leaders. People did not feel that they were being heard or given opportunities, although there was a lot of talent in the area. That was a formative experience in my youth, and I desperately wanted to address the issue.
At the time, the Scarman report recognised that the riots represented the result of social problems such as poverty and deprivation, and the Government responded by sending Michael Heseltine to Liverpool to be Minister for Merseyside. He set up the Merseyside taskforce and launched a set of initiatives to begin the regeneration of Liverpool. That is what I am thinking about. We are talking about education and opportunities, but city regeneration is also needed, so that the kids who have learned can take up opportunities. The statistics show that youth unemployment is one of the biggest issues that the coalition Government have been left to tackle. In September 2009, Wirral West had some of the worst unemployment rates in the north-west for 16 to 24-year-olds, ranking seventh—
Graham Jones (Hyndburn) (Lab)
The hon. Lady mentions regeneration in Merseyside; a lot of people were employed in the housing market renewal programme in Merseyside. Does she regret the loss of that programme?
Esther McVey
It is slightly off the subject to talk about a specific housing renewal project, but I will say that infrastructure is key, and we have put £450 million into the Mersey gateway. We have set up enterprise zones in the area, and we are putting money into the Royal Liverpool hospital, which will develop the Merseybio campus to extend the knowledge economy. We are also considering ways to develop Wirral Waters and Liverpool Waters. There are various ways to create regeneration and improve an area.
Bill Esterson
I jest. I wanted to ask, as my hon. Friend the Member for Blackpool South (Mr Marsden) did, about the future jobs fund. It reduced youth unemployment, which was falling as Labour left power. The hon. Lady discussed the scale of the problem, but does she recognise that the future jobs fund was a success, and does she regret the fact that one of this Government’s early decisions was to scrap it?
Esther McVey
The future jobs fund had some successes, but 50% of people never ended up in a job. It focused on providing temporary and short-term jobs, which led to false expectations and a lot of upset when jobs did not come to pass. It was also one of the most expensive schemes ever. I do not think that it was a success. It might have been for a small set of people, but it was expensive. Given the timing of its introduction, some might consider it a pre-election stunt. We have to consider schemes that are sustainable. The Work programme, which we are working on now, can get more people into employment.
The statistics in our area show that unemployment for 16 to 24-year-olds across the country stands at more than 1 million. The figure for the north-west is 160,000, making it the region with the highest unemployment. Unemployment for 16 to 24-year-olds has decreased by 35,000 since the last election. It is a tiny dent, but necessary.
The hon. Member for Hyndburn (Graham Jones) asked about development in Merseyside. I mentioned some of the schemes and the things that we must develop. Merseyside, in its heyday as a maritime port, had a population of 1 million, which dropped to 400,000. We must develop our natural unique selling points. On Merseyside, one of those must be the port. That is why I am delighted that the Minister with responsibility for ports, my hon. Friend the Member for Hemel Hempstead (Mike Penning), has been negotiating with city council leader Joe Anderson. We need a stop-and-start cruise terminal there. We must also work with private enterprise—we are working with Peel Holdings, Cammell Laird and the Stobart Group—to open up the port, with a vision of Merseyside as the port of the north. If we want to achieve our goals on carbon emissions or other issues, surely developing the port is a way forward and an opportunity for the people there.
As well as increasing employment within the area, we need training schemes for the youth of the day. That is why I am delighted that we are investing in and supporting apprenticeships and increasing the number of places, although I agree with the hon. Member for Blackpool South (Mr Marsden) that the issue is not just about apprenticeships; it must be about attracting buy-in from businesses, which must understand that they will benefit. We are considering work experience schemes, voluntary work and the Work programme. All those things are key.
There are things that we can do ourselves. I am doing something this Friday in Wirral West. I visit schools every week; I have seen 5,000 schoolchildren since this time last year. One of them said to me, “Esther, it is a hugely changing landscape. Things are getting more complicated. What will happen at universities? Who will fund us? Who will sponsor us?” I am putting on a youth summit in Wirral this Friday. I will bring together a collection of universities and everybody who could sponsor the event, such as the Manufacturing Institute, which has been mentioned by the hon. Gentleman, the Institute of Physics, the police and the Army. I will also bring businesses together to see how they can fund young people, and to discuss the paths they could take to become perhaps a legal executive, solicitor or accountant. I will also bring together apprenticeship schemes from the BBC, the Chemical Industries Association, INEOS, Merseytravel and Andrew Collinge. The National Youth Theatre will also be there, as will a head of recruitment, who will speak to young kids who are at school about what employers need.
Having spent the past 10 years looking into and researching the traits and characteristics of people who succeed in business, I know that what we are talking about is not just grades, but character traits and personality types. It is key that pupils at school understand that, so recruitment people will be present to talk about that. In an ever more complicated age in which CVs might all seem the same, those character traits are key.
We are members of different parties, but we all want more people, particularly the youth, in jobs. If people think that there are no opportunities for them and that they have no future, that will have deep, long-term effects on what they will achieve and what they will want to do. I was slightly different from my friends. In 1984, when we were wondering what we were going to do and most jobs were not available, I thought, “Well, if most jobs aren’t available, I can do whatever I want to do, so why not have a go, and go into TV?” Some of my friends did not have that outlook and were somewhat disappointed for many years to come.
As I have said, the issue is about education and the opportunities that we as a Government can provide in the field of learning, and through apprenticeships and the Work programme. Equally, however, it is about regenerating areas so that they have jobs. I have said all that I wanted to say. We need to do something. The scars that have been left on Merseyside for a long time need to be healed, and one key thing would be the development of the port to provide Merseyside with maritime jobs for a long time to come.
Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
It is a pleasure to follow the hon. Member for Wirral West (Esther McVey). As she has reminded us, it is the 30th anniversary of the events in Toxteth. In many ways, Liverpool and the rest of Merseyside, in common with the rest of the north-west, have come a very long way in those three decades. However, communities in Liverpool, including in my constituency, are concerned and fearful that the large-scale cuts in public spending will result in a return to those days. I should also like to put on record my appreciation of the hon. Lady’s work in promoting career opportunities. She came to St John Bosco school in my constituency and spoke to the girls there about career opportunities, which was a positive experience for the young people concerned.
I congratulate my hon. Friend the Member for Blackpool South (Mr Marsden) on securing this important debate, which addresses vital issues for constituencies throughout the region and, indeed, other parts of the country. He set out some of the key economic strengths of the north-west region. He spoke about the BBC’s move to Salford and about the impact of the work of both the National Apprenticeship Service in the north-west and the North West Universities Association. He rightly reminded us of the disproportionate and unfair impact that the Government’s decisions on cuts last year have had on constituencies such as his and mine. The combination of the reduction in the area-based grant and the disproportionate impact of the wider cuts has been felt in the voluntary and communities sector and in education, including, as my hon. Friend rightly said, further education.
My hon. Friend spoke about the impact of the cuts to the education maintenance allowance. Like other Members, I have in recent months visited sixth forms and colleges, including Liverpool community college, in my constituency, and young people are concerned that, without EMA, they might not be able to stay in education. I still encourage them—I am sure that all Members do this—to consider education, because of the broader benefits that it brings, but there is concern. My hon. Friend is right to say that the Opposition will closely monitor how the Government’s new and much cheaper scheme to replace EMA operates in practice.
My hon. Friend also spoke about the English baccalaureate and its implications for vocational education. It is a big challenge. Concerns have already been aired about the E-bac—the subjects that are and are not included, the way in which it was introduced, and the retrospective application of a standard that schools did not know about at the time. Those, however, are matters for another day. In today’s debate, I am keen for the Government to give an indication that they will develop a vocational version of the E-bac. It would tell those young people who will not follow a primarily academic path that there is something of equally high status and rigour with a strong vocational component that will recognise their achievement.
My hon. Friend also spoke about apprenticeships. I want to put on record my appreciation of those in Liverpool who provide apprenticeships. When Labour regained control of Liverpool city council just over a year ago, a commitment was made, despite the difficult funding environment, to create new apprenticeships. I am delighted that Joe Anderson’s administration has created 133 apprenticeships. It is striking that, when Liverpool city council advertised those new apprenticeships, there were 1,183 applications. That demonstrates my hon. Friend’s point about the demand for the kind of support that apprenticeships provide.
I want to refer to three different examples—two from Liverpool and one from London. If we are to enhance career opportunities for young people, that will not simply be delivered by the state, be that the Department for Education nationally or local authorities. The social and private sectors will also have an important role to play. In Croxteth in my constituency, the neighbourhood services company, Alt Valley Community Trust, is a model of a social enterprise that works with both the private and public sectors to deliver for local people. Its work has been widely praised and recognised. It runs a hugely successful future jobs fund initiative. I certainly do not concur with the hon. Lady, who described that fund as a pre-election stunt. I invite her to come to Croxteth to see the brilliant work that the communiversity is doing with funding from the future jobs fund. Some 800 beneficiaries have been provided with six-month contracts over almost the past two years. There have been more than 500 work placements as a result of that one social enterprise, which is a communiversity or neighbourhood services company based in Croxteth, one of the most deprived parts of my constituency.
From September, when the future jobs fund will come to an end, the neighbourhood services company in Croxteth will work with others, including local housing associations and the city council, to provide a further 60 apprenticeships. Yes, future careers for young people are about what happens in our schools and the policies of central Government and local authorities, but they are also, importantly, about engaging with social enterprises such as the communiversity in Croxteth.
Liverpool city council, in partnership with Liverpool community college and Liverpool John Moores university, is working on a proposed university technical college in Liverpool. It is an exciting opportunity for Liverpool to create a new college for 14 to 19-year-olds. Some 600 students will probably attend the university technical college, if it gets the go-ahead, which I very much hope it does. Its curriculum for 14 to 16-year-olds will be based on traditional GCSEs and A-levels, but with a much more significant technical element for about 40% of the curriculum. It will look at either the traditional or the new strengths in the Merseyside economy. I echo what the hon. Lady has said about the importance of the port. The university technical college will focus on the port and economic activity around it, as well as on environmental technology. That is a model of the way in which the education system can meet some of the new challenges we face, particularly in vocational education, which my hon. Friend has set out so eloquently.
Finally, there is the broader question of careers advice. Frankly, we have never got it right in this country, and we can all tell stories about the advice we got when we were at school or college as teenagers. When the Labour party was in government, we tried to deal with the issue, and I was briefly the Minister with responsibility for the Connexions service when it was first set up. We know from all the evidence that, for all the different initiatives we have had, we have never quite got things right. We have to look at new and innovative solutions.
Cardinal Heenan school in my constituency runs industry days. It invites local people who work in a variety of fields to come and meet its young people face to face to talk about the work they do. The school does that with the year 9s before they choose their GCSE options, and it does it again with the year 11s, who are at a crucial stage in their education. That is the sort of programme that we need to encourage and have more of.
Bill Esterson
My hon. Friend is giving some good examples of the importance of a good careers service and good practice. Does he agree that the change to providing careers advice remotely is worrying? The loss of face-to-face careers guidance, particularly where personal relationships already exist, is very worrying, and there is concern about the ability to maintain the benefits of such face-to-face guidance.
Stephen Twigg
. I share my hon. Friend’s concern. I echo what he has said and what my hon. Friend the Member for Blackpool South said in his opening remarks: a face-to-face element and direct interaction are crucial. In a sense, my argument is that we need more rather than less of that. Some of that advice will come through traditional careers advice in school, but some needs to be different and innovative, and I will give an example shortly.
Kate Green (Stretford and Urmston) (Lab)
We all agree about the importance of good-quality careers advice. Is my hon. Friend as concerned as me about the resources for that advice in schools? As more schools set up independently as academies, the resources available to local authorities to support the schools that remain in their ambit will be reduced, so careers advice may suffer.
Stephen Twigg
Absolutely. It is vital that carers advice is seen as a priority by schools—whatever their status, they have to own this issue—and by central and local government.
I want to give an example of a social enterprise. Future First, which was set up by an inspirational young man called Jake Hayman, looks to change the way in which careers advice is provided. Its key aim is to bring former students back to their old schools to inspire, advise and guide the current pupils. It aims to build an alumni network in each school in the state sector and to work with schools to celebrate the diverse range of talents that have come from them. Future First uses these networks to engage with the current pupils over four years—this is not a one-off event. It leverages that network with a community of businesses. It is currently working in London with businesses such as Google and PricewaterhouseCoopers to provide work experience, internships and industry days.
I know one of the schools Future First works with in north London. William Ellis school in Camden has built a network of 40 former students, including football coaches, doctors, sound technicians, entrepreneurs and architects, providing a careers curriculum for more than 900 students. Through its alumni network, it has created a range of work experience placements, which includes more than 20 work-shadowing opportunities with leading barristers. That is absolutely the right way to go, because it is about promoting social mobility, narrowing gaps in opportunity between the poorest and the richest and giving young people in state schools opportunities that a lot of young people in private schools take for granted.
Future First has commissioned research into the issues it works on. Some 27% of children in state schools said the careers advice they had received was bad or very bad, whereas the figure in private schools was just 6%. Some 39% of young people attending state schools agreed with the statement:
“I don’t know anyone with a career that I'd like to do”,
and the figure rose to 45% among those receiving free school meals. The polling showed that the Future First style of advice was very popular among young people. Future First receives no Government funding and has been set up voluntarily. The schools pay for its services, but at a heavily subsidised rate. Corporate partners provide the bulk of the funding.
I have mentioned that example from London in this debate about the north-west because I am keen to see a similar programme in the north-west, perhaps starting in Liverpool—just to conjure a name off the top of my head. I have spoken today with Future First, which is keen to go to other parts of the country. That is not an alternative to the proper careers advice service my hon. Friend the Member for Blackpool South spoke about, but on its own the traditional service is not good enough. In particular, it is not addressing the skills gaps and lack of social mobility that Members have identified in the debate. I would be grateful if the Minister responded specifically on how the Government see the Future First programme.
David Mowat (Warrington South) (Con)
I, too, congratulate the hon. Member for Blackpool South (Mr Marsden) on securing the debate.
It is a pleasure to take part in a debate with the phrase “north-west” in the title, because there is a bit of a structural issue in this place about the treatment of the English regions vis-à-vis other parts of the country. We hear a great deal about Scotland, and we have Scottish questions. We also have Welsh questions and Northern Irish questions. However, we hear little about the English regions, which is why I am pleased to take part in the debate. In that regard, at least, people on both sides of the Chamber have more in common with the each other than not.
I want to talk first about how London-orientated our economy is. The gross value added of the north-west is approximately 60% of London’s, and no other major economy in western Europe or the US has a similar discrepancy. That is extremely serious for our constituents, because there is an assumption that anything world-class that happens in this country goes back down to London, and we need to do what we can as MPs to fight that. I will talk a little about some of the world-class enterprises that we have in the north-west, which we need to encourage.
I also want to talk about the public spending that Scotland gets vis-à-vis the English regions. Today’s debate is not the place to discuss the Barnett formula, but it is a fact that if my constituency was north of the border, and it had the same demographics and a similar needs profile, it would get about £1,600 a head more in public spending.
A small thing that happened a fortnight ago should give us all food for thought in the north-west. We have talked about the Mersey Gateway project, but another major bridge programme will take place just north of Edinburgh, when the Forth road bridge is replaced. That bridge will not be tolled, but ours will be, and it is increasingly difficult to understand why such discrepancies and differences can continue in the same country and still be defended.
I want to go back to the point about London. I will not make a party political speech, but the fact is that London has got away from the rest of the UK, including the north-west. That has got worse over the past decade. That was principally because of the financial services boom in London, which caused the rather frothy increase in GDP per head there, and we saw the reckoning that occurred. One of the reasons why the situation got worse—again, this is not a party political point, but one for both Front Benchers—is because two years ago, Government capital spending per head in London was three times what it was in the north-west. That level of discrepancy generated private sector jobs, affluence and all that went with it for London. I very much hope that the coalition will do what it can not to let that happen in the future.
Infrastructure is part of how the north-south divide—
Hugh Bayley (in the Chair)
Order. I remind the hon. Gentleman that the subject for debate is a narrow one. We are talking about career opportunities for young people in the north-west, not about the regional or national economy more generally.
David Mowat
My point is that the degree of affluence and gross domestic product that we can generate in the north-west translates to career opportunities. The reason why many of our young people come down to London to make their way is because there are not enough world-class organisations in the north-west. However, I will take your point, Mr Bayley, and move on to the changes in education and career opportunities that have occurred over the past 30 years.
The jobs that our young people need to do, whether or not they are in the north-west, are increasingly technology-based and technology-focused. Companies such as Google, Yahoo!, Facebook, Microsoft and Apple are all technology companies. Each has generated perhaps as many as 250,000 jobs in their immediate infrastructure. None of them are in the UK, let alone in the north-west. It is important that this country can compete on technology. One of the most striking things that has occurred over the past 30 years is that while we have increased the number of graduates by a factor of five—that applies to the north-west as well—we have fewer people studying engineering than we did 30 years ago. That is not a point for just the previous Government or the Government before that, because it is what has happened in our country. The consequence is that many of our young people cannot compete for high-technology jobs or in the expanding market in high-technology. That is a shocking failure—it is possibly one of the most dramatic failures in education policy in the past. I will be interested to hear the Minister’s response to that.
Finally, our economy will continue to be fairly focused on manufacturing. A unit of GDP generated from manufacturing uses more energy than a unit of GDP generated from services. It is important for the north-west economy, and therefore for the prospects of the young people in the north-west, that energy prices are kept competitive. I am interested to hear how the Minister addresses my concern, which is that this country is sleepwalking its way into having higher energy prices than any similar economy in Europe. That will bear down particularly hard on parts of the country where manufacturing, especially process manufacturing, is a significant feature.
Hugh Bayley (in the Chair)
I need to start the winding-up speeches at 3.35 pm at the latest.
Rosie Cooper (West Lancashire) (Lab)
I will be brief and not take long at all. Thank you, Mr Bayley, for allowing me to contribute to the debate. It is a pleasure to serve under your chairmanship today.
I congratulate my hon. Friend the Member for Blackpool South (Mr Marsden) on securing this important debate. I know from his previous work what a great champion he is for our region, the north-west, and for young people. Before the debate, I read his article on ePolitix.com, and it struck me that the points he raises ring true with the experiences in my constituency. We, too, have excellent leading-edge companies, fantastic higher and further education institutions and a population of young people who are as ambitious and aspirational as any of their peers elsewhere in the country.
In West Lancashire, we have leading companies such as Trelleborg CRP, which is at the forefront of marine technology, and the company that was given the job of providing Wembley stadium with a surface that we can all be proud of. We also have social enterprises, for example West Lancashire Community Recycling, which used money from the future jobs fund to support getting people who would otherwise have remained unemployed into work. We have the Construction academy in Skelmersdale, and we need a strong construction sector for people to move into.
This September, a new £42 million further education college will open its doors to students from across West Lancashire and beyond. That college has had £4 million taken away after the Government’s decision to scrap the Northwest Development Agency, which was a vital tool in securing investment in the region. I brought that matter to the attention of the Prime Minister last September. When the £4 million was removed, the college had already been half-built up out of the ground. The furniture had been built and there was absolutely no scope for a redesign. The college was in a desperate position. The Minister made a successful visit to see the building and the condition of the old Skelm college building. Sadly, an offer of £19,000 over three years, which will hardly make an imprint on the £4 million that had been stolen by the Government, was made. I asked the Prime Minister for help—not a hand-out, but a hand-up—for young people, and what have they got? The college, whose building is now built, will see further cuts in education—a 4% cut in overall funding. It has lost two thirds of its entitlement funding and is consulting on 17 job losses. It has also cut courses to try to meet the gap. It can do nothing else about it. At a time when youth unemployment is a severe concern, we should be investing in the education and training of young people and equipping them for work.
I fear for future opportunities for young people. As cuts and redundancies bite, my concern is that young people will be lost in the mayhem. Many north-west MPs lived through the 1980s and early 1990s, witnessing at first hand the scale and depth of economic devastation that was wrought by Conservative Governments. Towns such as Skelmersdale were decimated, with real unemployment levels at about 50%. Families were left without work, and many are still feeling the effects of those policies today. We are in danger of going back to the future if we are not careful. For all the success of the schemes that I have mentioned and many others in West Lancashire, the ability to bring on board the next generation of workers is increasingly limited. The future jobs fund has been scrapped, which will hinder many social enterprises and voluntary organisations. Apprenticeship opportunities are limited, and the young apprenticeship scheme is disappearing.
In education, the support given to families through the education maintenance allowance is vital. When I talk to young people in my constituency, they tell me that £30 a week is the difference between their going to college or not. We have also seen a reduction in entitlement funding, which is vital for further education colleges, providing support to young learners that help them to be job-prepared or prepared for university. Previously, that group received 114 hours of support. In Skelm college, that has been slashed to 30 hours. It is clear from the few examples that I have highlighted that the opportunity for young people to develop the skills, knowledge and experience to make them job-ready and able to access career opportunities is being choked off, especially for those from deprived backgrounds.
My message today is that we cannot afford to have another generation of young people thrown on to the scrap heap. We must address two challenges—ensuring that there are career opportunities for the young people of the north-west in the north-west, and ensuring that the pathways of support that will prepare them to take advantage of those opportunities are available. One without the other is of no use at all. I want to see an economy for the communities such as West Lancashire and the north-west that continues to build on the strengths and expertise that we have within the region and that encourage people to remain there. I once again make a plea to the Minister to do what he can to help Skelm college and young people. We cannot and must not forget or write off our young people.
Hugh Bayley (in the Chair)
The generosity of the Opposition spokesman means that there is a little more time for Back Benchers. I call Bill Esterson to speak for a maximum of five minutes.
Bill Esterson (Sefton Central) (Lab)
I add my congratulations to those given to my hon. Friend the Member for Blackpool South (Mr Marsden) on securing a very important debate. Given the good and positive discussions that we had in the Select Committee on Education some weeks ago on similar topics, I am looking forward to the Minister’s response.
I shall pick up the excellent points made by my neighbour in the Chamber today and in the north-west, my hon. Friend the Member for West Lancashire (Rosie Cooper), about rebalancing the economy geographically. It is absolutely crucial that we establish good employment prospects for young people, so that they stay in the region. We should do that through investment in the local economy. The abolition of the regional development agency has created a big problem in achieving that, but there are opportunities.
The port of Liverpool has been mentioned. Although the cruise terminal would be a welcome development, we need to go much further than that and provide opportunities for export through the sorts of hi-tech industry that hon. Members have mentioned. It is absolutely essential that we achieve that for the wider economy and for the future of young people.
David Mowat
The RDA has been mentioned in the previous two contributions. I do not deny that that organisation did a great deal of good in the north-west. However, if an organisation is given £3 billion a year to spend, that is what will happen. Does the hon. Gentleman accept that each job created by the RDA in the north-west, which was one of the better RDAs, cost £60,000? That is an awful lot of money, and we need to consider alternatives.
Bill Esterson
I am grateful for that intervention, because it ties in with two other issues that I was going to raise: the abolition of the future jobs fund and the phasing out of the young apprenticeship scheme. Both programmes are being phased out because of the high cost of success. The hon. Gentleman is making the same point about the RDA.
Esther McVey
It is about not only cost but sustainability. We should not have short six-month schemes, because such programmes must lead to sustainability. It is about cost and sustainability.
Bill Esterson
Those are closely linked issues. Whether we are talking about the RDA, the young apprenticeship scheme or the future jobs fund, the issue is about finding better ways of running such schemes, rather than just abolishing them and leaving a void that could go on for many years.
In the north-west, there was the particular problem because the recession peaked in 1981, but youth unemployment only peaked four years later in 1985. Unless we deal with these issues now, there will be a repeat of that pattern. There was success. I consider a 50% conversion in relation to the future jobs fund to be a success not a failure. We need to learn the lessons of the past if we are to get it right in the future.
I want briefly to say something about the EMA before I finish. The EMA was crucial to apprenticeships and to colleges. It was a core part of family income. Evidence from Hugh Baird college in Sefton and elsewhere in the north-west shows not only that it was a core part of family income, but that it increased achievement and attainment. It is hard for college principals to identify who absolutely needs it and who will continue to attend without it. Those issues were not considered in the haste to make changes. The sorts of changes that have been made to the EMA, the future jobs fund and the young apprenticeship scheme are, as with so many other areas, too far, too fast. That is my major concern.
I hope that such an approach will not lead to young people of the current generation paying a very steep price, as people of my generation did in the ’80s. Even now, some of those people have never found well-paid jobs or established careers. Their families have paid the price over many years. I hope that the Minister will address those points in his summing up. We are 14 months into this Government. If we do not get it right very quickly, the time will have passed and it will be too late for this generation as well.
Mr Iain Wright (Hartlepool) (Lab)
I am particularly pleased that we are serving under your chairmanship today, Mr Bayley. For my sins, I was campaign manager for the Oldham East and Saddleworth by-election earlier this year. I have fond and vivid memories of driving through the snow on the M62 to deliver the keynote speech for the celebration of achievements at a spectacular and ambitious college called York college. I understand that you are a massive champion of that fantastic further education institution, Mr Bayley, so it is a pleasure to serve under your chairmanship.
I congratulate my hon. Friend the Member for Blackpool South (Mr Marsden) on securing the debate. I pay tribute to him not only for being a first-class Member of Parliament on behalf of his constituents, but for his excellent work on the Front Bench in respect of further education colleges and adult skills. He knows how important it is for young people to have opportunities provided to allow them to have fulfilling and rewarding careers and lives and for professionals to have the support and resources to navigate the young people through the options that they face.
We have had a good debate. Hon. Members from all parties have articulated the enormous potential of the north-west. As I was listening to the debate, it struck me that the north-west is very similar in terms of its history and potential to my region of the north-east. We were once the workshop and powerhouse of the world, and we also suffered too much from changes to industry in the latter half of the 20th century. However, our economies have diversified and both areas now have great potential to take advantage of the opportunities in the 21st-century global economy.
As my hon. Friend the Member for Blackpool South said, the north-west has a strong network of further and higher education institutions. It is also very similar to my area of the north-east in having a positive culture of welcoming apprenticeships. My hon. Friend mentioned world-class apprenticeship schemes in the north-west such as those run by BAE Systems. I should like to mention companies such as MBDA in Bolton. I greatly enjoyed going to that factory when I was a Minister. A few months ago, I welcomed apprentices from the firm to the House with my hon. Friend the Member for Bolton West (Julie Hilling). The quality of MBDA’s apprenticeship scheme is absolutely first class. I particularly like the way that apprentices visit schools to teach younger pupils about science and engineering. They spark pupils’ interest in the issues, ignite their ambition and encourage mentoring and work experience opportunities. The MBDA apprentices are the very model of professionalism. They are marvellous ambassadors not only for their firm and Bolton, but for young people across the country.
The debate has provided a good opportunity to ask the Government what they have against the young people of this country. In the space of a few short months since coming to office, they have stripped young people of opportunities through the abolition of the future jobs fund, the cancellation of education maintenance allowance, the trebling of tuition fees, the ending of Aimhigher, the cancellation of the youth opportunities fund, the ending of young apprenticeships and the loss of the careers service without any replacement put in place.
Any Government should be judged on their ambition for the future by the way in which they help, support and nurture young people. I am afraid that this Government have been found wanting at best and downright neglectful and damaging to the next generation at worst. It is little wonder that the Education Committee concluded in its recent report on services to young people:
“we comment that the Government’s lack of urgency in articulating a youth policy or strategic vision is regrettable. The Government needs to acknowledge the reality of what is happening to many youth services on the ground and act now.”
We have heard in the debate how the economic certainties that the post-war generation had have gone for ever. People in the north-west in the 1950s and ’60s might have had a very clear form of career road map, as was also the case in my patch. People might have gone into the Ferranti works in Hollinwood, Oldham, or been employed by Crossley in the constituency of my hon. Friend the Member for Blackpool South. Alternatively, they might have worked at the docks in Liverpool or on the railways in Crewe. Those places were the absolute bedrock of the local economy and provided a certainty of long-term employment that is no longer there. My hon. Friend recalled vividly how his father left school at the age of 14 and expected to work in the same place for 30, if not 40, years.
Young people are starting their careers in a much more complex and more challenging world, which has been made even more difficult by the global financial crisis. In an economic downturn, young people will find it especially difficult to secure and maintain employment, because by definition they do not have experience of work. They face that Catch-22 situation—they cannot find work because they have not got experience, but they cannot secure experience because they have not got work. We in the House have to help young people to break that cycle.
In these challenging times, it is more vital than ever that young people have the support, help and tools they need to navigate the various options that they face when trying to secure further education, training or employment. Now, more than ever, we need an effective careers service for young people. That is why the Government’s inept and shambolic attempts to reform the careers service are particularly damaging. The move from Connexions to a national careers service, with schools having a greater responsibility for the provision of such information, advice and guidance, has been botched. I like the Minister very much—I should like to consider him as a friend—but I have to tell him that on this occasion and on this issue he is guilty of being asleep on the job.
I have a series of questions that the Minister needs to address, and he needs to address them urgently. Will he update the House as to where we are on the transition plan? In March, during the consideration in Committee of the Education Bill, I stressed to him the urgency of producing rapidly a comprehensive transition plan for the careers service. We are now at the stage, more than three months after discussing this in Committee, where we still have no real additional information. That is not good enough. School leavers have a matter of days—literally, days—left in education, but no real clarity on what will happen come September. How shambolic is that? Will the Minister get his finger out and do something quickly to prevent those young people, in the north-west and elsewhere, from drifting because of ambiguity, uncertainty and dithering by the Government into a lifetime of low pay, low skills and low expectations?
I understand that the careers summit between the Minister and professionals will take place soon—I think it is on 15 July. I fear that this is far too little far too late, but will the Minister provide further information on the agenda and invitees to the event? Parliamentary questions from me were answered by the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb)—it is unusual to get Education Ministers to answer parliamentary questions, but I will leave it at that—but the answers were spectacularly uninformative. Does the Minister now accept that the summit is happening too late? What does the Minister hope to achieve from the summit and how will practical recommendations and suggestions arising from it be communicated and disseminated to schools and other stakeholders, particularly given the time of the year? The summer holidays will start a matter of hours after the summit.
Face-to-face guidance was mentioned in the debate, and that is a good part of good-quality information, advice and guidance. It worries me that the Department for Business, Innovation and Skills states on its website that it will provide:
“free face to face guidance to priority groups”.
Will the Minister confirm or deny that not all pupils will receive face-to-face information, advice and guidance? Will he articulate what the phrase “priority groups” actually means, and what will the criteria be for such groups? Will he reassure me that priority groups will include all children—all children in schools—to let them have the opportunity to have face-to-face guidance on careers to allow them to make meaningful choices and decisions about their future career?
The Minister’s Department’s website states:
“the network of organisations funded by BIS will be able to offer services on the open market to those individuals/organisations which are willing to pay”.
Will the Minister explain that in more detail? In particular, will he rule out the prospect of high-quality information, advice and guidance, including that important point about face-to-face careers advice and guidance being provided to pupils only where parents are willing to pay an additional fee for such a service? Can he rule that out immediately?
Many careers professionals lost their jobs when local authorities dispensed with Connexions at the end of March. The Government talk a good game when they say they wish to trust professionals in education policy but not, evidently, when it comes to careers professionals. How will the Minister ensure that that experience, skills and professionalism will not be lost permanently for young people, when thousands of staff lost their jobs in March?
The Minister is aware, because my hon. Friend the Member for Blackpool South rightly pointed it out, that funding for careers has been cut severely. My hon. Friend mentioned the pooling of 22 separate funding streams, including that for Connexions, into a single early intervention grant. He made the point, in a great and articulate way, about the additional services that this early intervention grant has to produce. In addition to Connexions and youth services, it is intended to fund Sure Start children’s centres, build capacity for local authorities to extend free early education to disadvantaged two-year-olds, provide short breaks for disabled children, support vulnerable young people to engage in education and training, prevent young people from taking part in risky behaviour such as crime, substance misuse or teenage pregnancy, support young people at risk of mental health problems and help young people who have a learning difficulty or disability. There is simply not the funding in place to have an effective careers service. Can the Minister do something about that, especially when we are thinking that the early intervention grant will be cut by a further 11 per cent next year?
The Government have failed to articulate their vision about how they will help young people develop and prosper in the most difficult economic circumstances for a generation. More damning is that the Government have simply failed young people. We have seen the Secretary of State for Education lose control over his Department, fail to address the real needs that young people and industry require and fail to be on the right side of the argument on the careers service, school capital, school sport and the education maintenance allowance. He has emphasised elitism in education at the expense of excellence for all. As we have heard several times during the debate this afternoon, we now face the appalling prospect of a lost generation failing to achieve its potential and having a poorer quality of life than the previous generation. That is not how it should be. The Minister needs to raise his game and do something to help the young people of the north-west and, indeed, the young people of the entire country.
The Minister for Further Education, Skills and Lifelong Learning (Mr John Hayes)
It is a great pleasure to serve under your chairmanship, Mr Bayley. It is also a pleasure to respond to this debate, which I congratulate the hon. Member for Blackpool South (Mr Marsden) on securing.
I am going to discuss three things, and I will try to deal with as many of the points that have been raised as possible. First, I want to speak about apprenticeships. Secondly, I want to talk about the careers service, information, advice and guidance, as that is what the hon. Member for Hartlepool (Mr Wright) and other hon. Members focused on in particular. But before I deal with those, the third thing that I want to speak about, which I will deal with first just to create a degree of excitement in my short peroration, is macro-economics.
Macro-economic strategy is critically important to the future that we want for our young people—indeed, for all our people. The Government’s emphasis on dealing with debt is an important pillar in that strategy. In that effort, the recalibration of our perspective on what government does and does not do needs to be taken into account. The silver lining, if I may put it that way, of the very tough comprehensive spending review that we have endured is that we have had to think more critically about the value for money that we get from all the taxpayer funds that we invest.
The second pillar of the macro-economic strategy, which is less often spoken of but is no less central to our ambitions, is to rethink the character of our labour force. We do so against a background, as the hon. Member for Hartlepool said, of greater uncertainty and more rapid change. In order for our economy to succeed, it must be more sustainable. That sustainability will make it better able to endure some of the challenges that we have faced in the past two years when they doubtless happen again, because as you know, Mr Bayley, economies move in cycles. That redrawing of what Britain can be and should be requires us to think about what modern economies look like. Modern economies are more advanced, more high tech and more highly skilled, and they change more rapidly. That dynamism, and indeed that high-tech work force, will be essential if we are going to develop the productivity and competitiveness that we seek, which underpins prosperity.
As Minister, my task is to implement measures that allow us to develop that high-tech, highly skilled work force fit for a high-tech, highly skilled economy. That is why I focused so heavily on apprenticeships when I became a Minister. The hon. Member for Hartlepool—I have two hon. Members shadowing me, because the Opposition know that one would not be enough—is right that the previous Government understood that, too. Indeed, he was a Minister in the previous Government. I do not, for a moment, claim that we have a unique insight into the value of apprenticeships. However, the difference between his Government and ours—where his Government got this wrong and we have got it right—was to make apprenticeships the pivot around which the rest of the skills offer moves. To do that, we transferred money from the Train to Gain budget to the apprenticeship budget, as the previous Government could and should have done. The support that the previous Government gave apprenticeships provided an important foundation, and there was trend growth in apprenticeship numbers—I want to acknowledge that clearly—but we have gone further and faster than they did or perhaps would have done. I say that with as much generosity as I can summon, which is not easy for a party politician, although it is made all the more easy by the two people who shadow me, who are diligent, studious, committed and decent.
Let us look at how the constituencies of Members currently in the Chamber are affected. Since we came to office, there has been a modest but not insignificant increase of 4% in the number of apprenticeships in the constituency of the hon. Member for Blackpool South, and a 13% increase in your constituency, Mr Bayley—all the figures are based on the latest data, which I announced to the House on my birthday only a few days ago. In my Parliamentary Private Secretary’s constituency of Bromsgrove, the increase was 16%, in Wirral West 23%, in West Lancashire 22%, in Warrington South 11%, in Liverpool, West Derby 22%, in Sefton South 27% and—
Bill Esterson
The Minister did not mention my constituency because it is called Sefton Central, not Sefton South, but I am grateful for the figure.
I mentioned young apprentices in my speech. The worrying finding in Professor Wolf’s inquiry was that most of the increased number of apprenticeships have gone to 19 to 24-year-olds. The danger is of a gap among the 16 to 18-year-olds who are not able to take up apprenticeships. How does the Minister intend to rectify that?
Mr Hayes
The hon. Gentleman makes a good point. There are particular pressures on 16 to 18-year-olds, and some of those pressures are to do with the perceived and real risks for businesses taking on a young person. That is particularly true for small and medium-sized enterprises—small businesses perceive an associated risk because they have a small base—while the capacity of large organisations to absorb such risk is rather different. Nevertheless, the figures that I announced a week ago of about 114,000 more apprenticeships in total throughout the country, amount to the biggest single boost in apprenticeship numbers ever in our history, and I have no doubt that at the end of the CSR period we will have 500,000 apprentices, which is a previously undreamed-of figure. Also, when I looked closely at the figures, there has been growth for 16 to 18-year-olds, for 19 to 24-year-olds and for 25-plus, which suggests significant latent demand on the part of learners and of employers. We can talk about that at greater length when we have more time, but I suspect that we have further untapped demand, as well as some trend changes in how businesses are interfacing with the skills system and how learners are making choices about the route best suited to them.
Mr Hayes
I never have targets; I only have ambitions—it would be vulgar to describe them as targets. The hon. Gentleman is right that, at the next stage of implementation, we need to tie our skills strategy more closely to growth, so next I want to identify those parts of the economy with the biggest growth potential and where skills gaps might inhibit that potential growth. Over the coming weeks and months, I hope to look specifically at the inhibitors to growth in those areas where we can create maximum opportunities for employment, including employment for young people. He is right that, in developing the strategy that I laid out last November, we certainly need to be mindful of growth and, in particular, of sectors and subsectors where there are real skills gaps that are impacting on productivity and competitiveness. For example, I was at Ravensbourne academy today, talking about the creative industries, which have real capacity for growth but also unmet demand, and we need to address that issue of skills. Advanced manufacturing is another such example. We need to look at such challenges, and he is right to raise the issue.
I have spoken about macro-economics and apprenticeships, although I am at risk of becoming an apprenticeship bore. Suffice to say that, for the whole time that I am the Minister, which my hon. Friends throughout the Chamber hope will be for a long time, although that is down to the Prime Minister and not to me, apprenticeships will be the pivot. Shaping the skills system around apprenticeships creates a different dynamic and a different set of expectations, as well as a vocational pathway that is as navigable, progressive, seductive and rigorous as the academic route on which so many of us travelled. We need a longer vocational ladder, which is rigorous and provides opportunity for young people, and which means that those with practical and vocational tastes and talents do not see vocational learning as a cul-de-sac. For too long, people have not seen the route to higher learning in that vocational pathway, which they need to do if they are to make the right choices at the right time that are most likely to allow them to fulfil their potential.
I have said that I will discuss careers advice and guidance; it would be wrong for me not to do so. I will be making a major speech on the subject tomorrow, so the hon. Member for Hartlepool can look forward to that with bated breath. I could say more now but, in fact, I will do more than that, although my officials will shudder: I will deal with all the questions that he asked today in that speech tomorrow—it will require some redrafting, because we did not know what questions he would pose until a few moments ago—but I will ensure that I do, as I owe the hon. Gentleman that.
In summary, however, the hon. Gentleman grossly overstated my few weaknesses and understated my many strengths. I do not mind his doing that, because I like him as he likes me. I believe passionately in advice and guidance, for the reasons that my hon. Friend the Member for Wirral West (Esther McVey) has mentioned. She is doing such incredible work: for example, by pulling together the Wirral youth summit, in just a few days’ time, and by doing immense work promoting careers advice and guidance. My hon. Friend the Member for Warrington South (David Mowat) and the hon. Member for Liverpool, West Derby (Stephen Twigg) understand the difference for social mobility of ambition and rebalancing advantage in society—as a Tory, I believe in rebalancing and redistributing advantage in society—and the hon. Member for West Lancashire (Rosie Cooper) feels the same. Therefore, we need to ensure that we give those young people who do not have access to familial networks or similar social networks the best advice, so that they get their chance of glittering prizes as well. That is why we need good advice and guidance.
So we will do three things. First, over the past year, we have done a great deal with the careers profession, which in the coming months—certainly by the autumn—will be in a position to announce an unprecedented degree of co-operation among careers professionals, leading to a new set of professional standards with linked training and accreditation. The national careers service will be founded on the expertise and professionalism of the careers sector, reprofessionalised and emerging from the dark days under the previous regime to a new era of purposeful drive, in which it is valued and its role is central to the work that we will do to foster social mobility. That will be laid out in the autumn—I always said that the national careers service would be up and running next year, not this year. The hon. Gentleman will have a chance to look at those proposals, and I think that he will be proud of the work that the Careers Profession Alliance has done following the work of the task force led by Dame Ruth Silver.
Secondly, we will change the statutory duty on schools to ensure that they secure independent professional advice—the Bill is going through the House now—which I expect them to do. For too long provision has been patchy. The hon. Member for Liverpool, West Derby talked about the difference between the independent sector and the state sector, and he is right. Connexions did not do the job—let us be frank. Connexions did some good work, of course, and many people were dedicated to that work, but the structure itself was faulty, because it had to be a jack of all trades rather than a master of careers. We are therefore changing the statutory duty incumbent on schools, and we will deliver a tough statutory arrangement to ensure that schools live up to it.
Finally, we will provide national access to the national careers service through co-location with colleges throughout the country and Jobcentre Plus. We will lay all those proposals before the House, so the hon. Member for Hartlepool can be confident that, in every part of Britain, young people and others will be able to obtain the careers advice and guidance that they need to make the best of themselves—to be their best and to do their best. I will say more tomorrow, but I know that you, Mr Bayley, and others will leave this Chamber with a spring in your step, because you know that the Government are committed to the young people of the north-west and to all the young people of Britain.
Phonographic Performance Ltd
(12 years, 10 months ago)
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Ms Margaret Ritchie (South Down) (SDLP)
I am grateful for the opportunity to have this important debate under your chairmanship, Mr Bayley. I want to talk about the licence regime operated by Phonographic Performance Ltd, which governs copyright for musical recordings, and by the associated Performing Rights Society; they issue music licences that cover the copyright for musical and lyrical compositions. Both licences are required by businesses if they want to play music in public places or hold a live performance.
I want to draw attention to the over-complex and expensive licensing regime in this market. The problem has been highlighted by the European Union and the Federation of Small Businesses, and by various businesses and constituents throughout my constituency in Northern Ireland. The regulations impact financially on many small enterprises across Britain and Northern Ireland, which are already over-burdened by Government regulation and red tape. Broadly speaking, as we seek to develop and grow the economy in Northern Ireland, such measures can place an undue strain on businesses that already have narrow profit margins.
The Government have acknowledged that the economy in the north of Ireland needs to be rebalanced, and the proposed steps to devolve corporation tax powers to the Northern Ireland Executive are encouraging. However, it has been noted that businesses are still subject to around 60 regulations, including licensing arrangements, which cost firms throughout the UK £13 billion. Those regulations may be particularly burdensome for our small and medium-sized businesses, which may not have staff dedicated to compliance issues. It is therefore important that we pay attention to the criticism that such firms have expressed about the licensing arrangements for performance music.
I would like to draw attention to more specific issues within the broader context of the debate. In March 2009, the PRS introduced an exemption rate for businesses with fewer than four employees to cover employees playing music in private that was not audible to the public. Under that arrangement, such companies were to pay £44 a year plus VAT, and that decision has since been upheld by the High Court. Such exemptions are welcome, but unfortunately they are some way short of a classification that would help small and medium-sized enterprises, given that SMEs are classed as organisations with fewer than 50 employees. I want to encourage the Government to examine such exemptions, and to make them more consistent with the definition of a small business.
Pete Wishart (Perth and North Perthshire) (SNP)
After 10 years as a Member of Parliament, I have not received one complaint on the subject from an SME in my constituency, and I, too, represent a rural area. Most small businesses are content to pay a small price to enable them to use wonderful music to enhance their businesses. When the hon. Lady is talking about exemptions, is she thinking about the musicians, most of whom survive on less than £16,000 a year? If small businesses with fewer than 50 people were exempt, the impact on musicians would be massive. Does she understand that musicians are struggling, and survive on the scraps that they get from the PRS?
Ms Ritchie
I thank the hon. Gentleman for his welcome intervention. I recognise that in another life he was a musician, and is a member of a popular Celtic folk band in Scotland, which has played in Northern Ireland on several occasions. I recognise the musicians’ plight, and that they and the music industry are an integral part of small businesses. I am reflecting on the position of small and medium-sized enterprises in Northern Ireland, where we have a predominantly public sector-led economy, and are trying to grow our economy and encourage small businesses. Any additional taxation or fees simply imperil their financial situation.
Mike Weatherley (Hove) (Con)
Does the hon. Lady agree that it is a blunt instrument to use the arbitrary definition of small businesses as being those with fewer than 50 people, when radio usage in small companies is often higher than in large companies?
Ms Ritchie
I thank the hon. Gentleman for his intervention, but I am simply using the definitions proposed by the European Union. I accept his point, but perhaps I could continue my speech.
It is likely that many firms with fewer than four employees are unaware of the exemption, and more should be done to ensure that they are not paying excessive amounts. That brings me to a related issue: the cost of referring a case or complaint to the Copyright Tribunal can be prohibitive. As Consumer Focus highlighted, that is especially likely to be the case for small and medium-sized businesses, and even for a trade association, such as the Federation of Small Businesses. We must be especially aware of such concerns given the relative monopoly held by the collection organisations. Businesses have no alternative within the market.
In contrast with most other European countries and the US, the UK does not provide in law for the regulation of licensing collection bodies, and no authority is charged with their ongoing supervision, except in relation to the ad hoc resolution of complaints through the Copyright Tribunal. Given that somewhat unbalanced field of play, it is important to consider the charges that companies face. With reference to the PPL charges, businesses defined by the European Commission as small enterprises —including, for example, a hair salon with more than four employees and with more than five treatment or stylist chairs—that use a radio, CD player or MP3 player will have to pay PRS £169 and PPL £121 a year. An office or factory with 135 employees will pay PRS £1,142.03, plus VAT, and PPL from £113 depending on square metres. A small café seating up to 30 people will be charged for television, radio and CD. The PRS fee will be £440.72 and the PPL fee will be from £113, depending on square metres.
Set against that, I note that the PPL’s total licence fee income grew 10.7% to £143.5 million from £129.6 million the previous year. It boasts of a revenue growth from public performance of 2%, and claims that that is noteworthy. Its last press release around 8 June stated that
“it was achieved despite...extremely difficult trading conditions for many of the company’s customers and licensees.”
The fact that so many businesses are complaining about the high cost of the licences and the undue strain that it is placing on their finances indicates that there is a more draconian approach to compliance. It is vital—I say this advisedly—that PPL works closely with such businesses, and that the relationship is symbiotic rather than confrontational. Proclaiming their own revenue growth at a time of difficulty for the businesses that purchase their licences is not a step in the right direction.
As well as considering the level of charges, it is important at this stage to consider the sort of businesses that are most likely to be affected by the current arrangements. In my constituency, which is on the east coast of Northern Ireland, a large proportion of the economy revolves around the tourism and hospitality industry. The complexity and cost of requiring two separate licences, combined with an aggressive compliance regime, can put undue pressure on the bars, hotels and restaurants that form the background and backbone of our tourism industry. If those establishments are forced to cease playing music, business will suffer, customers may leave and the public’s exposure to artists’ music will be greatly decreased. As highlighted in a recent report by Consumer Focus, the European Commission commented, in reference to competition, copyright and collective rights management, that
“no other sector operates such complex licensing arrangements.”
Before concluding, I wish to raise an associated and relevant concern that relates specifically to businesses that play radio stations. Although the radio station will have paid a royalty fee for playing the music, the small or medium-sized enterprise effectively has to pay that fee again, which I consider amounts to double taxation. In a similar manner, an hotel may be faced with a double cost for playing music in separate areas. That overly severe and inflexible approach damages small businesses. If those businesses are forced to stop playing music, it will hurt not only the businesses but those artists who, as the hon. Member for Perth and North Perthshire (Pete Wishart) pointed out, may live off a small wage and rely on being played on the radio for exposure. In summary, the licensing arrangements, which in some instances comprise many different tariffs, are cumbersome and cost-prohibitive for many owners of small and medium-sized businesses.
Mike Weatherley
I wonder whether the hon. Lady will expand on one aspect of that argument. If music is a necessity and part of the raw material required to provide a service in a café, for example, how does it differ from any other products offered by that café, such as coffee? Does the hon. Lady suggest that the Government should subsidise all other services offered by that business?
Ms Ritchie
If I may, I will say with a degree of temerity that there is a major difference between paying two licence fees, and paying for coffee and other services offered by a café. I am sure that we could elaborate further in the margins of the debate.
The licensing arrangements, combined with what is perceived to be an increasingly draconian compliance regime, is putting businesses under pressure. If we recognise that, we must find a solution that protects our valuable music industry, of which small businesses form an integral part. I urge the Government to take steps to create a simpler and more effective licensing regime. It is vital that licensing requirements and costs do not disproportionately impact on small and medium-sized businesses at a time when many already face a challenging economic climate.
In Northern Ireland, all parties are collectively trying to rebalance the economy and change it from being 77% public sector-led, to a system that puts greater emphasis on the private sector and will provide opportunities for people to develop business ideas. Given the degree of compliance involved in the licensing system, and the fees that are charged in such a cumbersome way, the charges need to be streamlined so that people and businesses can enjoy greater comfort. People should be able to enjoy the music without facing difficult charges. It is vital that the licensing requirements be streamlined and reviewed as a matter of urgency, and on behalf of small to medium-sized enterprises throughout Britain and Northern Ireland, I ask the Minister to take those views on board. I recognise that we have devolved arrangements in Northern Ireland, but the responsibility for licensing lies in London.
The Minister for Further Education, Skills and Lifelong Learning (Mr John Hayes)
It is delightful, Mr Bayley, to speak in successive debates in this Chamber under your benevolent stewardship. I congratulate the hon. Member for South Down (Ms Ritchie) on securing this debate and on her speech, and in the short time available I will do my best to deal with some of the points she has raised.
I hope that hon. Members will join me in recognising the success of the 45,000 performers and almost 5,000 record companies that are members of Phonographic Performance Ltd. They make a significant contribution to the cultural life and economic wealth of our country. The industry of which they are part—the creative industries—acts as an important ornament to all that we are and all that we do. It is one of the big growth areas in our economy and has the support of the Government. We are working with the creative industries to develop ways in which they can grow still further. Our country is home to the largest national creative sector in Europe, and the creative industries account for 5.6% of gross value added in the UK, and provide around 2 million jobs. They are not merely ornamental but make a difference to the health and well-being of our economy and of communities up and down Britain.
Intellectual property and the copyright system lie at the heart of our creative industries. Many of those industries are small firms—the hon. Lady drew our attention to that once again in her speech. PPL tells us that the vast majority of its members are small and medium-sized enterprises. As she has said, those industries rely on copyright to survive, and it provides them with a legal framework to sustain and protect creative value. Although we are committed to minimising unnecessary burdens on small businesses, we also want to maintain a fair and balanced copyright system in which artists can gain fair rewards for creative works, and licensees can expect access to content via a licensing system that is fair, transparent, and reasonable.
As the hon. Lady has said, PPL plays an important part in that system. Like all collecting societies, it has a valuable role in managing and clearing rights. Its collective licensing activities mean that users do not have to approach every single rights holder for permission, which helps to reduce transaction costs. As a collecting society, PPL is a private commercial organisation that manages the rights of its members. The collecting society functions of PPL and all other collecting societies are not specifically regulated by the Government. PPL acts on the basis of mandates given to it by its members, which it uses to license those rights—the exclusive rights that the international and domestic legal framework gives to copyright owners—for those who want them.
The licensing system in the UK is relatively unregulated compared with other jurisdictions. Our system expects the licensor and the licensee—or their representative body or trade association—to negotiate freely and agree a market rate for the licence. If negotiations break down, the licensee or their representative can refer the matter to the Copyright Tribunal. The collecting society has no corresponding right. That is intended to act as a check on the power of what is effectively a monopoly supplier when dealing with, for example, the kind of small businesses championed by the hon. Lady.
As the hon. Lady will know, Professor Hargreaves has reviewed these matters. In his work, he noted that collecting societies in the UK fulfil a valuable role in licensing markets, but that they are also effectively unregulated natural monopolies. Licensees do not generally enjoy the protections that are available to consumers when dealing with broadly comparable organisations such as utility companies. Professor Hargreaves recommended that collecting societies should be required by law to adopt codes of practice approved by the Intellectual Property Office and UK competition authorities to ensure that they operate in a way that is consistent with the further development of efficient, open markets.
Following that inquiry and review, the Government are considering their response to Hargreaves’s recommendations, which will be made public in the near future. The hon. Lady’s Adjournment debate could not be timelier, because the Government are open-minded about this issue, mindful of the recommendations and anxious to move forward. The constraints within which we work are, of course, international and European obligations. The hon. Lady will be familiar with those, too. None the less, I think that further progress can be made, and I will say a few words about that in the time available to me.
Ms Ritchie
I thank the Minister for his answer and his speech so far. He has referred to the Government response to the investigation and report by Professor Hargreaves. Can he provide an estimated timetable for the Government response? Is it likely to be produced in the next month, the next two to three months or the next six months?
Mr Hayes
I shall deal with that specific question before I finish speaking. No doubt inspiration will wing its way to me to inform my response—the hon. Lady knows what I mean by that. She has made it clear that there are areas in which we can make improvements, notwithstanding the constraints to which I have referred. Ah! Inspiration may already have reached me, but I want—not tantalisingly, but temptingly—to delay what I say about that for a few moments.
Pete Wishart
I am very much looking forward to the Minister’s reply to tomorrow’s debate on the Hargreaves recommendations. He knows that nothing in the Hargreaves report suggests or recommends exempting small and medium-sized businesses with fewer than 50 people, so can he now rule that out and ensure that musicians continue to get fair play from the wonderful recorded works that they provide, which enhance so many businesses up and down the country?
Mr Hayes
We will not exempt small firms. That is the answer to the question. The hon. Gentleman has raised the issue, and there is a case for exempting small firms, but the frank answer to his question and the question asked by the hon. Lady is that the UK would almost certainly be in breach of its international and European obligations if it did so. I can be very clear about that.
Let me deal with the hon. Lady’s intervention. Within the next month, she will learn more—because I will insist on it—about the Government’s response and thoughts on how we can take forward the review’s recommendations, where we feel that it is appropriate to do so.
I want to say more about what further progress can be made. First, we need to ensure that people understand the law and understand what not only PPL but all collecting societies from whom they need a licence are doing. We know from the ministerial postbag and from our constituency postbags and surgeries that many small businesses are unaware that they need a licence for the activities that we are discussing. The hon. Lady has made the point clearly. Many businesses question why they need a licence from PPL and PRS for Music to have the radio on in business premises when the broadcaster has already paid for a licence. Many ask why they need a licence at all. Where they do require licences from both PRS for Music and PPL, some businesses query, reasonably enough, why they are not told clearly that they need two licences and why joint licensing is not used to cut costs and the time that they have to spend on that.
PPL tells us that it is doing more to raise awareness among licensees and potential licensees. As a result of this debate, our further consideration and representations made to us from outside this place and within it, we will continue to press PPL to fulfil that commitment. Indeed, as a result of the debate, I will ask Baroness Wilcox, who is the Minister with responsibility for this area, to meet representatives of PPL to talk about how they can make the commitment real and what further steps they will be taking to address some of the questions that I have raised. Trade associations, too, must continue to build on the work that they do to raise awareness among their members. We will certainly involve them in that discussion.
Secondly, where charges are justified, they should be applied in a clear, unambiguous and efficient manner. Those wanting to start new businesses must not be deterred by uncertainties about charges that have no bearing on their core business. Thirdly, inquiries suggest that not all trade associations are aware that they can have a role in negotiating the terms and conditions of the licence for their sector. Some trade associations and licensees are even unaware that they can take a case to the Copyright Tribunal, if they are unhappy with the terms and conditions. They simply do not know their entitlements. The tribunal secretariat is working to raise awareness in those areas. It hosts regular user group meetings, which are aimed at making the tribunal more accessible by familiarising users, especially SMEs, with its procedures and giving them an opportunity to meet the chairman and lay members. The secretariat also hosts regular meetings of collecting societies to discuss, among other things, concerns raised by licensees.
I will also ask Baroness Wilcox to advance our work with trade associations. Of course, we do not exert executive power in that respect, but we will take the work further to ensure that all the steps are accelerated. It seems to me that a seminar might be appropriate. I am thinking of a seminar in which the interested parties are brought together to talk through what further steps might be taken to deal with some of the specific issues relating to small businesses raised by the hon. Lady. Perhaps my ministerial colleague will write to her and other interested hon. Members, addressing the possibility of just such an initiative.
I have heard much in this debate that provides food for thought. We do not take these matters lightly. In relation to charities, PPL has agreed to joint licensing with PRS for Music, which should reduce administrative burdens. The hon. Lady will know about that. We might be able to discuss, at the type of event that I have described, further steps along those lines, because there are community organisations—some of them are very small—that struggle to deal with some of these matters, not least in terms of information and understanding. On that basis, I welcome the agreement that has been reached and encourage exploration of other areas for joint licensing, notwithstanding the point that I made about exemption and the perfectly proper point that the hon. Gentleman has raised.
We will reflect carefully on these matters before responding formally to the recommendations of the review. We will continue to work to ensure that the framework is explicable and accessible and that it operates fairly. There is a balance to be struck between the interests of different parties, as I think has been made clear in this brief debate. Those parties have a legitimate expectation that the system will work fairly. The regulation should certainly not be burdensome, and we need to ensure that we have some understanding of the costs of the regulation. When we promote steps that are designed to ensure that a system is operating fairly, we should always do so on the basis of understanding the cost burden that it creates. We also feel—I am sorry; I am using the royal “we”. I also feel that measurement of the function of these agencies is important, so having proper lines of accountability to ensure that what is being done is working as it should be is important.
This has been a useful albeit short debate. As I have said, it is remarkably timely. I hope that I have made reasonable commitments to the hon. Lady as a result of it. She will hear more very soon about our further reflections.
Special Olympics
(12 years, 10 months ago)
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Chris Heaton-Harris (Daventry) (Con)
It is always a pleasure to serve under your stewardship, Mr Bayley. I hope that you will be as benevolent to me as you were to the Minister in the previous debate.
Two Saturdays ago, I was in Athens for the opening ceremony of the largest sporting event in the world in 2011, yet I knew full well that few people in the United Kingdom realised that it was happening. The centrepiece of the day was the spectacular opening ceremony of the Special Olympics world summer games. It was a beautiful parade of 7,500 athletes from 185 nations, who were to compete in 22 sports over the following days. As they walked past me, I felt truly humble to be present at such a wonderful occasion.
Over the last two weeks in Greece, people have been celebrating the ability, the talent and the dedication of those athletes with learning difficulties and their coaches. Team GB comprised 214 Britons—157 athletes and 57 coaches. They were out there to win. Make no mistake about it: these are dedicated and seriously talented sportsmen and women. When they returned to the UK yesterday, our athletes brought back many special things with them, including tales of tough competition and inspirational personal achievement, the odd bruise and injury and 187 medals—72 gold, 63 silver and 52 bronze. Great Britain can truly be proud of its Special Olympians. However, we must remember that just to be there, they each had to raise £2,000, and that includes the coaches. They receive no sponsorship, and for a while now they have received no lottery funding.
There are 1.3 million people with learning difficulties in the United Kingdom, so most families are touched by learning difficulties in one shape or form. However, the Special Olympics are largely unknown here, and I hope that this debate will change that, if only in a small way. Indeed, the press coverage given to the Special Olympics world games in Athens over the last two weeks—bar the beautiful and brilliant exception of ITV Central, which covered the games daily on its news broadcasts—was difficult to spot.
Dignity, acceptance and a chance to reach one’s potential are things that all politicians believe are worth promoting for everyone, and for more than four decades the Special Olympics movement has been bringing a simple message to the world: learning-disabled people can and will succeed if they are given the opportunity.
After visiting institutions across the United States for people with what the Americans call intellectual disabilities in the late 1950s and early 1960s, Eunice Kennedy Shriver, a wonderful lady, found herself appalled by their treatment. She believed that, given the same opportunities and experiences as others, they were far more capable than commonly believed. She had a vision that things could be improved through the medium of sport.
Shriver put that vision into action in 1962 by inviting children with intellectual disabilities to Camp Shriver, a summer day-camp in her backyard, where they could explore their capabilities in a variety of sports and physical activities. The Camp Shriver concept—that through sports, people with intellectual disabilities could realise their potential for growth—began to spread. In July 1968, the first international Special Olympic games were held in Chicago, Illinois, and a movement was born. The Special Olympics have grown magnificently across the world, and the last UK summer games were held in the city of Leicester, in the constituency of the hon. Member for Leicester South (Jon Ashworth).
Jon Ashworth (Leicester South) (Lab)
The hon. Gentleman and I have something in common, inasmuch as we have both been Leicester South by-election candidates, so I know that he is familiar with the city of Leicester. Does he agree not only that the games held there in 2009 were a great success for the city, and hugely beneficial and inspiring for many of the athletes, but that they played a great role in countering what might be described as misunderstandings about disabled athletes? That is something to celebrate.
Chris Heaton-Harris
Absolutely, and I thank the hon. Gentleman for his contribution. Given the opportunity, I hope that he will come to a Special Olympics event with me and experience again, first hand, exactly how brilliant these athletes are. It is difficult to describe the achievements that these athletes attain. They are doing things that I cannot do. I competed in one of their unified sports two Sundays ago. I was cycling against two learning-disabled athletes; my partner was from Hungary and was the co-sponsor of an event. I came a miserable fourth, and I was trying really hard. They are proper athletes doing a proper job; I certainly would not be able to do what they, with their disabilities, do.
The Special Olympics movement is where learning-disabled athletes celebrate and are celebrated for their accomplishments. It is often the first time that these athletes have truly taken centre stage and been recognised as individuals in their own right. Sport is a central element of the movement, but it is not the only one. In areas as diverse as health care, leadership training, legislative self-advocacy and employment, the Special Olympics take a global leadership role.
Tim Shriver, Eunice Kennedy Shriver’s son and now chief executive officer of the Special Olympics, says:
“Sport teaches us to recognize our similarities over our differences while celebrating the effort to do one’s best in a spirit of respect. And while Special Olympics has had a positive impact on many persons with an intellectual disability, there are many more people that are still hidden, shunned or abused. We look forward to working more closely with the international sports community to broaden the reach of our organizations and bring the joy and goodwill of sport to many more people.”
Through year-round sports training and competition, the Special Olympics empower learning-disabled individuals in more than 180 countries. The games are often the only place where they have the opportunity to participate in their communities and to develop a belief in themselves. Many lead lives of neglect and isolation, hidden away or socially excluded from full participation in schools or society. The Special Olympics transform the athlete and are a gateway to empowerment, competence, acceptance and joy. Better than that, the movement also transforms communities. When people see Special Olympians in action, they see humanity, joy in competition, pride and potential, and they begin to believe in a different sort of world—a world in which everyone is respected and included.
I shall give some examples. In 2009, the Afghanistan world winter games floor hockey team was honoured with congratulations from the highest levels of Government as a tribute to their success. In Romania, children who were once solitary and forgotten now participate in sports training and interact regularly with the community outside their institutions. In the United States, the young girl who was bullied or isolated early in her life is chosen as homecoming queen. In China—I went to the Shanghai Special Olympics summer games four years ago—people who were hidden away in their homes now receive vocational and literacy training at thousands of “sunshine centres” across the provinces.
The Special Olympics movement is also a catalyst for societal change, fostering community building around the globe. It is a leader in diversity and tolerance education, bringing young people with and without intellectual disabilities together in youth and schools outreach programmes. It is a research leader, partnering with Governments, non-governmental organisations and the private sector to develop new ways of including people with learning disabilities in all aspects of society. The movement is also the world’s largest public health organisation serving people with learning disabilities, offering free health screening to the world’s most neglected populations. It is the fastest growing grass-roots volunteer movement on the planet, with the potential to improve the quality of life of millions of people.
Why did I ask for this debate? As a fan, I wanted to tell everyone how much I enjoyed watching Great British athletes competing in the Athens games just over 10 days ago. As a spectator, I want to say how fantastic the opening ceremony, and the buzz around the events, was. It was wonderful to watch our athletes competing for their country, and to see the parents’ pride as they watched them. As a consumer, I want to let people know that the sponsors of such events deserve huge praise. Indeed, Coca-Cola should stand up and take a bow; it gave an awful lot of money to the games. As a friend of Tim Shriver, I want to pay proper respect to him and his family, especially his mother, for driving the movement forward so strongly. As a politician, I want to remind my peers how important the inclusion agenda is, and that we do not constantly have to reinvent the wheel. We have a brilliant example of what we should all be aiming for in the Special Olympics movement, and I am proud to be associated with it.
The Minister will know that Sport England is talking to Special Olympics Great Britain about the possibility of funding in the future. I hope that any logjams can be eased. Perhaps the Minister could use his good offices to get a group of people in a room and knock a few heads together to try to free up funding that could improve the lives of thousands of people across the country. It would be much better if Sport England could treat Special Olympics Great Britain as any other national sporting governing body, rather than as an individual sport. Over the years that I have been involved in sport, I have heard numerous gripes from the various sports bodies that have had to deal with Sport England, so I understand that it is a complex beast, but I would like to think that when it comes to disability sports, funding blockages can be removed.
However, I am not here to ask the Minister for more money. I know that he is a fan of the Special Olympics movement, but much as I would love more money from the Government coffers for the movement, that is not the purpose of the debate. The purpose is to celebrate the Special Olympics movement. I suppose that the Minister could possibly help, though; recently, it has been difficult for Special Olympics GB representatives to meet the officials who deal with learning-disabled and inclusion issues in the Department for Education and the Department of Health. It would be helpful if he could use his good offices to set up some meetings. I believe that the movement and the Departments could learn a great deal from each other.
The main thing that I want to hear from the Minister is the Department’s, and his, commitment to the Special Olympics movement across the UK. I want him to say how he can help to raise the profile of the movement here, and hopefully he may give a few words of congratulation to all those who have represented their country so brilliantly in Athens over the past couple of weeks.
The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (Mr Edward Vaizey)
I am pleased to be speaking under your chairmanship, Mr Bayley. I congratulate my hon. Friend the Member for Daventry (Chris Heaton-Harris) on securing this important debate. I acknowledge, too, the presence and contribution of the hon. Member for Leicester South (Jon Ashworth), who also takes an interest in the subject.
It goes without saying that I am delighted to begin by congratulating all the participants in the 2011 Special Olympics world summer games, which finished on Monday in Athens. As my hon. Friend pointed out, there was an outstanding performance by the Great Britain Special Olympics team, who won 187 medals—72 gold, 63 silver and 52 bronze; it is worth repeating that. It was not in my notes to congratulate Coca-Cola, but I will follow the lead of my hon. Friend and pay tribute to it for sponsoring the Special Olympics and helping to make them such an outstanding success.
We are rightly proud of the team’s fantastic achievement in Athens, and it is clear that every competitor did their best. I will not comment on my hon. Friend’s athletic prowess, but I can guarantee that if I were to compete in a cycle race, I would not finish fourth; I would probably finish last. Some Special Olympians had the chance to visit the Prime Minister at No. 10 before leaving for the games, and I am sure that there was an equally warm welcome for all the competitors, and the people who have supported them in Greece, when they arrived back at Heathrow yesterday.
It is worth spending half an hour of parliamentary time acknowledging the success and work of the competitors. By calling this debate, my hon. Friend will have further boosted the pride of the competitors and their parents, families and friends, and for that alone he must be congratulated. He has been a supporter of the Special Olympics movement for many years, going back to the time when he was an MEP. He knows better than most about the many years of work that have gone into the success of team GB in this year’s Special Olympics.
Special Olympics Great Britain was formed to offer a lifetime of learning through sport. Even though we should celebrate its most recent achievements, it is also right that we recognise the many benefits that the Special Olympics bring to individuals of all ages and ability levels every day, from those with low motor abilities to the most highly skilled athletes. By bringing together coaches and volunteers to provide sports training and competition for children and adults with learning disabilities, regardless of their ability, Special Olympics GB not only reaches out to those who participate, but brings their families, friends and volunteers closer to sport, too.
With such excellent credentials, I can understand why my hon. Friend asks what the Government are doing to support Special Olympics GB, and to help make its good work go further. My Department and this Government support its work and will continue to do so. I will certainly use my good offices to ensure that he gets the meetings that he needs to increase awareness of Special Olympics GB in government, and to get any support that he feels is necessary for this important part of British sport.
As my hon. Friend knows, Sport England’s aim is to grow and sustain participation in grass-roots sport. Central to its work is the £480 million it invests directly through the 46 national governing bodies of sport. Disability provision is woven into the work of the national governing bodies, so part of that investment will contribute to increasing disability participation in sport. The approach is entirely inclusive and looks to offer opportunities for everyone to participate in sport, regardless of their gender, disability or ethnic background. Sports are tailored to meet the specific needs of those groups of people, so they are not separated out from other participants, and that helps to increase accessibility.
To help build capacity and expertise in disability sport, Sport England and the national governing bodies work with the English Federation of Disability Sport. As the umbrella organisation for disability sport, it has responsibility for the promotion and development of sporting opportunities for the 11 million disabled people in England, by providing expertise and advice and by bringing together eight national disability sport organisations recognised by Sport England, one of which is Special Olympics GB.
I was delighted to hear today’s announcement by Sport England—perhaps it was not unrelated to this debate—that it will, for the first time, directly fund disability sports organisations to advise, support and guide other sports bodies as they create opportunities for participation by disabled people.
To complement that core investment, Places People Play is Sport England’s mass participation legacy initiative that will bring the magic of the London games into the heart of local communities, and that includes a specific focus on disability. Furthermore, the school games will offer meaningful competitive sporting opportunities to young people with both physical and learning disabilities at every level.
A lot of work is going on in many places to help get people with disabilities, including learning disabilities, into grass-roots sport. A lot is also going on at the top-end of sport, too. When we won the right to host the Olympic and Paralympic games in London in 2012, UK Sport became clearly focused on achieving performance and medal success. That investment strategy was limited to the Olympic and Paralympic summer sports. However, the International Paralympic Committee General Assembly agreed in November 2009 to include, once again, learning disabled participants in IPC competitions, including the 2012 Paralympics. Four sports were targeted for inclusion in London 2012: athletics, rowing, swimming and table tennis.
This decision is most welcome, and we look forward to seeing our best intellectually disabled athletes competing once again at the very highest level. However, much work remains to be done by the sports themselves before the participation of learning disabled athletes can be guaranteed in London 2012. Indeed, the international governing body for rowing has decided not to take up the opportunity at this time.
UK Sport has set aside funding for learning disabled athletes in athletics, swimming and table tennis, now that that category of athlete has been readmitted to the Paralympics. The funds will be allocated to the sports, following confirmation and the outcome of the classification standards and qualification process by the international federation.
Since that decision, the International Paralympic Committee world swimming championships have taken place in Holland, and they included six events for athletes with an intellectual disability. The Great Britain team included four intellectually disabled athletes, who won four medals including two golds. I can also confirm that a number of intellectually disabled swimmers are already in receipt of public funding through UK Sport’s world class programme to assist them in their preparations for London 2012. I am sure that my hon. Friend will agree that those are very positive developments.
We fought very hard to get a good settlement for sport in the comprehensive spending review. We did well, and in a highly challenging economic climate, we have been able to go a long way to protect the central funding streams that we believe add genuine value to the sports sector and the people that it serves. However, there will be financial constraints on our ambitions, and we will have to consider creative solutions to difficult problems. For example, our changes to national lottery funding have helped to release more funds for sport of every kind.
It is also important to recognise that there are a number of competing priorities for sport funding. The latest figures on participation show that far too many of us do no sport at all and those of us who do participate do not do enough sport. That is a fundamental problem, and we need to solve it. Of course, we need to take a proportionate approach, but we also need to prioritise, so Special Olympics GB must be considered alongside priorities for disability sport and sport more widely.
That is not to say that there are not opportunities that we should consider. As I indicated earlier and as my hon. Friend called for, my Department can consider having closer collaboration with the Department of Health and the Department for Education. We also need to look closely at the evidence. Sport England’s active people survey measures participation in sport, but a breakdown of disability by type was only included in the survey from October last year. We should be able to examine the evidence more fully by December this year.
When my hon. Friend the Minister for Sport and the Olympics met Karen Wallin, the chief executive of Special Olympics GB, earlier this year they had a very positive discussion. In particular, they covered the lessons that had been learned from the Special Olympics GB national summer games that, as we have heard, were held in Leicester in 2009. My hon. Friend hopes to attend the launch of the report about those games, and I know that he will give the same message that I give here: there is more to do and we will keep working with Special Olympics GB to try to do it. I am sure that my hon. Friend the Member for Daventry will also follow developments closely.
In the meantime, once again, I pay tribute to the fantastic performance of the competitors and volunteers in Athens, and I congratulate Special Olympics GB on its excellent work.
Question put and agreed to.
Written Ministerial Statements
(12 years, 10 months ago)
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Regional Development Agencies (Transfer of Land and Property Assets)
(12 years, 10 months ago)
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The Minister of State, Department for Business, Innovation and Skills (Mr Mark Prisk)
The coalition is committed to closing the regional development agencies (RDAs) and facilitating the delivery of economic development at the local level through supporting the establishment of local enterprise partnerships (LEPs) and the existing role of local authorities in fostering and sustaining growth.
In the 12 years they have existed the RDAs have undertaken the acquisition, development and sale of a range of land and property assets for the purposes of providing economic development to local communities, assistance in deprived areas, and regeneration to encourage growth and new business. However, this model is no longer affordable in the current economic climate and we need to agree a future for these assets that is affordable while enabling them to be developed in a way that is responsive to local needs.
In preparation for closure, each of the eight RDAs (outside London) has developed a plan for their assets and liabilities. The National Transition Board, chaired by the Department for Business, Innovation and Skills (BIS) and involving the RDAs, the Department for Communities and Local Government (DCLG), HM Treasury and others, has considered these plans. In relation to land and property assets, on 14 April I confirmed my agreement to:
Disposal of sites that are market ready, where the economic development and regeneration objectives have been achieved;
Market disposal of sites to local authorities who want to acquire assets;
Retention within central Government of key national land assets including those where technology and innovation centres (TICs) are located;
Transfer of the RDA coalfield sites to the Homes and Communities Agency (HCA).
I am confirming today the Government’s intention to transfer the majority of the RDA land and property portfolio, into a “stewardship” arrangement through which local partners, including local authorities, businesses, LEPs and others, will be able to influence their development and ensure they are developed in a way which maximises economic outcomes for the area. Most of these sites are not ready for market sale and in the majority of cases require further investment to deliver economic benefits. To achieve delivery of this we intend to transfer title to these assets to the Homes and Communities Agency (HCA), which will be responsible and accountable for managing the portfolio. Subject to completion of the necessary detailed work and arrangements the transfer is currently planned to take place on 19 September 2011.
The HCA will use its expertise in land and property management to ensure that the assets are fully developed in a way that will help deliver economic growth and regeneration to local areas. Under HCA supervision of the stewardship arrangement HCA will establish local committees to allow local partners such as local authorities, businesses, LEPs and others to influence development of the portfolio. National policy interests will be managed through BIS and DCLG representation on a newly constituted Land and Property Board, and with BIS local membership of the local stewardship committees.
The portfolio includes income-generating assets which will provide investment funds for those assets which need further development. This recycling of receipts should enable the arrangement to be largely self-financing.
DCLG will use its powers under section 51 of the Housing and Regeneration Act 2008 to transfer the assets from the RDAs to HCA. The detail of these transfers is still being agreed. The Secretary of State for Communities and Local Government will approve the final list of assets to be transferred. Details of the transfer order will appear on the DCLG and BIS websites once it has been made. We will set out detail of the assets being put into the stewardship arrangement by LEP area at that point. There will be a transfer of staff from the RDAs to the HCA in accordance with TUPE regulations.
Under a similar but separate stewardship arrangement, BIS will contract HCA to manage its interests in three nationally important technology parks; Ansty Park, Coventry; the Advanced Manufacturing Park, Rotherham; and SPark, Bristol. HCA will manage these in order to continue the development of these land assets which will maximise their impact on economic growth. These sites have been identified as assets of national importance to be retained under the ownership of central Government in order to be developed further to support investments in innovation and technology. Four facilities based on these sites form part of the recently established High Value Manufacturing Technology and Innovation Centre funded by the Technology Strategy Board.
This transfer is in line with the principles for disposal of assets published on 10 February 2011, which can be viewed at www.bis.gov.uk/rda-assets. I will provide an opportunity for Members of the House to discuss these transfers at a meeting early in the autumn, once the local details of the transfers have been established.
Planned Tax Consultations
(12 years, 10 months ago)
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The Exchequer Secretary to the Treasury (Mr David Gauke)
Budget 2011 announced a number of tax policy changes and longer-term tax reforms that will be subject to consultation. These are summarised in the tax consultation tracker, which is available on the HM Treasury website at:
http://www.hm-treasury.gov.uk/tax_updates.htm.
HM Revenue and Customs (HMRC) and HM Treasury have today published the following consultation document:
Enterprise Investment Scheme (EIS) and Venture Capital Trusts (VCD)—A consultation on a scheme to provide further support for seed investment, simplification of the enterprise investment scheme (EIS) rules by removing some restrictions on qualifying shares and types of investor and refocusing both EIS and Venture Capital Trusts (VCTs) to ensure they are targeted at genuine risk capital investments.
The following consultation document will be published on 7 July:
Modernising Powers, Deterrents and Safeguards: Bringing HMRC’s information powers into line with international standards for tax information exchange—A consultation on proposals to bring the UK’s information gathering powers fully into line with international standards set by the OECD.
Updates to dates for some consultations planned for July have been made to the tax consultation tracker.
People, Pay and Pensions Agency
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)
With effect from today, the People, Pay and Pensions Agency (PPPA) will cease to have the status of executive agency of the Ministry of Defence (MOD).
The People, Pay and Pensions Agency (PPPA) was formed in April 2006 to bring together civilian pay, pension and human resource (HR) services. The PPPA subsumed the Pay and Personnel Agency (PPA) and became the single provider of all corporate civilian personnel services to the MOD.
My right hon. Friend, the Secretary of State for Defence, announced on 22 March 2011, Official Report, columns 49-50WS, the intention to establish the new Defence Business Services (DBS) organisation, bringing together the delivery of a range of corporate service functions to support all areas of the Department from one organisation. The DBS stood up on 1 July 2011 and the civilian HR function of the DBS provided by the PPPA has been renamed as DBS Civilian HR.
This change in operating status will have no impact on PPPA’s customers and will deliver efficiencies and wider savings to Government, in particular the costs incurred in auditing the agency’s annual report and accounts.
Early Years Foundation Stage
(12 years, 10 months ago)
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The Minister of State, Department for Education (Sarah Teather)
The importance of the foundation years—as a foundation for life and for future attainment and success—cannot be over estimated. Children’s personal, social and emotional development, physical development and communication and language are of paramount importance. Without a strong start in these three prime areas, children will struggle as they develop in life, with friends and in school. It is vital we have the right framework to support high-quality early years education and development.
The early years foundation stage sets the standards for the whole of the diverse early years sector, from birth to five. Reform of the EYFS is one important element of our wider approach to supporting families in the foundation years, which we will shortly be setting out in full, in a publication jointly developed with the Department of Health.
On 30 March Dame Clare Tickell published her independent review of the early years foundation stage, informed by the latest evidence about how children learn and develop, and the views of parents and carers, practitioners, academics and other experts. The Government welcomed her report, and the revised framework, on which we are today beginning consultation, responds to many of Dame Clare’s recommendations. The new framework makes a number of significant improvements:
Reducing bureaucracy and paper work for professionals, simplifying the statutory assessment of children’s development at age five;
Simplifying the learning and development requirements, reducing the number of early learning goals from 69 to 17;
Stronger emphasis on the three prime areas which are most essential for children’s healthy development—personal, social and emotional development, physical development and communication and language (with four specific areas in which the prime areas are applied—including literacy and mathematics);
A new summary report for parents on their child’s development between the ages of 24 and 36 months, linking with the healthy child review carried out by health visitors, so that children get any additional support they need before they start school; and
Strengthening partnerships between professionals and parents, ensuring that the new framework uses clear language.
Consultation on the early years foundation stage will run until 30 September. The aim is to have the new framework in place from September 2012.
Horn of Africa
(12 years, 10 months ago)
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The Secretary of State for International Development (Mr Andrew Mitchell)
The horn of Africa is currently experiencing a major humanitarian crisis: 10 million people are in need of emergency relief and the situation is likely to get worse, in places, before it improves when the next rains come. This is the horn of Africa’s most severe drought since 1995. In some areas, 2010-11 has been the driest period in 60 years, and soaring local and global food and fuel prices have made the situation worse. The ongoing conflict and insecurity in Somalia in particular is exacerbating the problem and driving over 10,000 people a week to flee into neighbouring Kenya, Ethiopia, Somalia and Kenya are the worst hit.
In the long term, people in the horn of Africa desperately need food security. The UK is a world leader in supporting countries to become more resilient to drought and famine, and has been working in the region for many years. Thanks to UK support, 7.8 million people in Ethiopia have access to cash and food in exchange for work through the productive safety net programme. DFID funding is also helping create 60,000 new jobs that are not dependant on rain-fed agriculture. A further 60,000 people are assisted through a “safety net” programme for the poorest households in Kenya.
These programmes that build long-term resilience are having an impact. In 1992, 71% of the population of Ethiopia were chronically malnourished (out of 53 million). Today, only 46% of a total population of 80 million are malnourished, so tens of millions more Ethiopians are able to feed themselves throughout the year. Those benefiting from UK-supported programmes have proved less vulnerable to the current drought. But long-term resilience takes many years to build up, and emergency relief is needed now to respond to the crisis before our eyes, and to make sure that the significant development gains of recent years are not eroded.
On 3 July the UK Government announced significant funding for the World Food Programme to help feed 1.3 million Ethiopians for three months and to help 329,000 malnourished children and pregnant women. Our commitment will allow the WFP to access food from the Government of Ethiopia’s emergency food reserve now, while also starting procurement to replenish the reserve in time to meet shortfalls expected during the peak period of need (September to November).
The UK has also provided strong support for Kenya and for Somalia in the last financial year, funding emergency nutrition, health, water and sanitation and livelihood support activities through UN agencies. Red Cross and non-governmental organisations. We are rapidly looking at what additional support the UK should give in Somalia and Kenya.
But other countries must also do more. We are vigorously pressing the rest of the international community and Governments in the region to join us in stepping up and taking action to prevent this disaster becoming a catastrophe. Intervening now is more cost-effective than waiting for the situation to get worse. I am in close touch with Baroness Amos, UN Under-Secretary General for Humanitarian Affairs, who I met on Tuesday 5 July to discuss how to galvanise a bigger and more effective response.
Detainee Inquiry
(12 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government and the detainee inquiry have agreed the terms of reference and protocol for the inquiry’s work, which are being published today on the inquiry’s website at www.detaineeinquiry.org.uk, along with some frequently asked questions and answers about the inquiry and its preparatory phase to date.
As the Prime Minister said in announcing the detainee inquiry on 6 July 2010, the purpose of this inquiry is to examine whether, and if so to what extent, the UK Government and their intelligence agencies were involved in improper treatment, or rendition, of detainees held by other countries in counter-terrorism operations overseas, or were aware of improper treatment, or rendition, of detainees held by other countries in counter-terrorism operations in which the UK was involved. The primary focus is the aftermath of the attacks of 11 September 2001 and particularly cases involving the detention at Guantanamo Bay of UK nationals and former lawful UK residents.
The inquiry will also consider the evolution of the Government’s response to developing knowledge of the changing practices of other countries towards detainees in counter-terrorism operations in this period. This will include how the response was implemented in Departments and the security and intelligence agencies. The Prime Minister has asked the inquiry to report to him within one year of commencing. The inquiry will identify any lessons to be learned and make recommendations for the future, to which the Government have undertaken to publish a formal response.
The Government hope that the inquiry will be able to start as soon as it is possible to do so. However, as the Prime Minister made clear in his public letter of 6 July 2010 to the right hon. Sir Peter Gibson, the inquiry chair, this depends on the end of related criminal processes, the timing of which is a matter for the police and the Crown Prosecution Service.
The Government are grateful to the inquiry for the important preparatory work it has done to date and which it will continue to do. The inquiry is a vital part of the set of measures announced by the Prime Minister that aim to draw a firm line under the serious questions that have been raised about the United Kingdom’s actions. We want to understand properly what happened and to learn any necessary lessons. We look forward to the detainee inquiry being able to get under way formally in due course and will make a further statement to the House when in a position to do so.
Grand Committee
(12 years, 10 months ago)
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Arrangement of Business
(12 years, 10 months ago)
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The Deputy Chairman of Committees (Lord Colwyn)
My Lords, before we start, the noble Baroness, Lady Garden of Frognal, will say a few words.
Baroness Garden of Frognal
My Lords, before the Lord Chairman calls the first amendment, perhaps I may make a short intervention regarding our proceedings in this Grand Committee. The rules in Committee here are the same as in the Chamber: Members may, of course, speak more than once and they may speak after the Minister. However, some self-regulation is none the less required if we are to make progress on the Bill at a conventional pace. On the majority of Bills before your Lordships’ House, we regularly debate about four groups an hour in Committee; on this Bill, we have so far managed about four groups a day.
The Committee may wish to recall the guidance in the Companion that the debate must be relevant to the amendment in hand and that the Minister may of course be interrupted only for brief questions for clarification. As for speeches in general,
“The House has resolved ‘That speeches in this House should be shorter’”.
As long ago as 1999, a Leader’s Group reported that,
“Second Reading speeches on amendments are unacceptable.”
That word is not in the Companion, but I suspect that we will agree that the Committee does not want to retrace the debate at Second Reading.
Our target today is to reach Amendment 85A, which is somewhat ambitious. At a convenient halfway point, we shall have a comfort break. Finally, I understand that the Department of Facilities has arranged for the air conditioning to be cooler today, which I hope will further assist our work.
Education Bill
(12 years, 10 months ago)
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The Earl of Listowel
“Minimum qualifications for teachers
(1) To continue in practice or to take up new employment in a school, teachers must have—
(a) a minimum of 50 hours of continual professional development each year, and (b) such minimum qualifications in child development and behaviour management as specified by the Secretary of State.(2) Schools have a duty to ensure that the necessary continual professional development is provided.”
The Earl of Listowel
My Lords, in moving Amendment 66, I will also speak to my Amendment 67. These are probing amendments, the purpose of which is to gain reassurance from the Minister about the entitlement of teachers to continuing professional development. Given that this is a changing environment, I would be grateful for reassurance about that entitlement.
In particular, if schools are taking more responsibility for the CPD of teachers, there must be clear funding for that in the future, given the need for consistency of CPD across education. As I hope noble Lords will agree, if we are to do well for our children, it is absolutely vital that our teachers are well supported in schools. If teachers do not get the support that they need through professional development, they are much more likely to burn out early. In addition, matters such as the inclusion of difficult pupils will be more difficult if teachers are not given the support that they need to give those pupils the necessary understanding and support.
When Professor Sir Michael Rutter, the renowned clinical psychologist, spoke some time ago at the British Psychological Society, he highlighted his concern that initial teacher training includes very little input about child development. In the past, there was some reference to child development, but it consisted of a rather dry few pages on Freud, Piaget and other theoreticians. The teachers to whom I speak say that they would prefer to learn about child development and about managing children’s behaviour a little while after they have started in practice with pupils, because they realise then the importance of understanding these things. It is very important to have a reflective workforce if we are to get the excellent outcomes for our children that we all want.
The bulk of teachers are already in the profession. Although we are looking at ensuring quality in teacher training and induction, most of our teachers are already in schools and many of our teachers are over 50 years old, so it is very important that we also attend to their continuing professional development. I look forward to my meeting tomorrow with Charles Taylor, the Government’s adviser on behaviour, who I think would probably agree with me—I hope that I am not being presumptuous—that it is very important for teachers to be able to depersonalise their interactions with their more challenging students so as not to take personally what may seem to the teacher to be a personal attack but which will very often be something to do with what is going on in the home environment.
It is also important that teachers are aware of developmental milestones, for reasons that many colleagues have given in the past. I hope we might also consider developing some of the best practice from the continent, whereby trainee teachers get to observe a child over a long period, take careful notes and share those observations with other teachers, and thereby learn about child development.
Another very helpful approach is that adopted by the child psychotherapist Emil Jackson and others who are working in 10 secondary schools in Brent, north London. They are working with groups of both school staff and head teachers, sitting with them and helping them to reflect on their relationships and the way that it is working in their classes. Another way of getting that understanding of child development into the teaching workforce is in allowing them a space in which they can sit with professionals such as child psychotherapists, clinical psychologists and child psychiatrists, particularly to discuss their more problematic pupils with them. That is very effective and has many benefits. I apologise for already speaking for rather too long to the Committee and beg to move my amendment.
Lord Storey
My Lords, briefly, I agree very much that in-service training—CPD, as we call it—is hugely important for the teachers in our schools. However, I would say that we currently do that. Every school has to have five days of training. In some schools we still call them Baker days, from somebody we know. My concern is that that training has to be of the highest calibre. As often as not, it is merely a day when people can sort other issues and training does take place.
Also, Ofsted inspections have to look at the quality of training in schools. In terms of observing teachers, every teacher—unless they are newly qualified—has to have set performance and management targets and, as part of that, classroom observations have to take place so that every teacher has to be observed, for a maximum of two lessons per week. To answer the noble Earl directly, training takes place in schools for five days a week, but I am always concerned about quality and teachers are observed at least twice a year.
My third and final observation is that the training days can, however, be quite disruptive to pupils because schools take them at different times. Would it not be great if all schools in an area took their training days at exactly the same time, so that parents could prepare for that and it would not be to the detriment of our pupils?
Lord Sutherland of Houndwood
My Lords, I am happy to give strong support to Amendment 66, in the light of the remarks that the noble Lord has just made. However, I have my reservations about the practicability of Amendment 67.
Baroness Garden of Frognal
My Lords, I wonder whether the noble Lord, Lord Lexden, could speak to his amendment in this group.
Lord Lexden
Thank you very much indeed, my Lords. Spare a kindly thought, if you will, for your comparatively new colleague who is speaking to his first amendment to legislation since he had the honour of joining your Lordships' House. This would have been my second amendment, if the nervous novice had not incompetently passed up the chance to move Amendment 65 at the end of proceedings on Monday, when we were caught up in a fascinating session on the GTC. Perhaps I may just mention that Amendment 65 was designed to tighten further the procedures for reporting serious misconduct and I hope that my noble friend will, in his usual benign fashion, be able to write to me about it.
I will turn, still as the nervous novice, to Amendment 73. The aim here is to explore the possibility of adding to the Bill a reference to partnership between maintained schools and independent schools. As before, I speak as a former general secretary of the Independent Schools Council. For generations, the best independent schools have reached out to maintained schools and their wider communities. The Independent Schools Council conducts detailed audits of these partnership activities. Nine out of every 10 ISC schools are involved in them. Sport, music and drama are the most widespread partnership activities.
Since the Second World War, the state has taken different approaches to the issue of partnership and the wider involvement of the independent sector in our education system. The Fleming scheme and then the assisted places scheme enabled talented children from less well-off families to attend independent schools. These are long gone and will not be repeated, but ambitious new schemes of partnership are in prospect. They include the participation of independent schools in the most important educational reform of our time—the academy movement, which features in a later amendment and in the new system of teaching schools.
Many independent schools have already applied for permission to become teaching schools. If they are successful, an increased percentage of the teaching workforce will get an opportunity to train in the independent sector. If this becomes the case, it is even more important that the sector should be able to take advantage of the opportunities that partnerships can bring and should not be unfairly excluded from the opportunities afforded to teachers in maintained schools. One thinks particularly of continual professional development, to which the noble Earl, Lord Listowel, made reference.
Whatever may happen in these exciting new areas, great effort should continue to be directed at ensuring the success of the independent/state school partnerships scheme, which was introduced by the previous Labour Government shortly after they took office in 1997 and made permanent by my noble friend Lady Morris of Yardley when she was Secretary of State. Relatively small amounts of public money have brought teachers and pupils together in enthusiastic partnership projects throughout the country. Since its creation, the ISSP programme has funded no fewer than 346 projects and allocated just short of £15 million—not a large sum but one that produces considerable benefits. The average value of a grant has been around £43,000. The largest single grant, of just over £500,000, was to a consortium of 18 London schools to enable them to offer gifted and talented provision in mathematics, science and modern languages over a number of years. I will not go into further detail; the Government produce full reports on the outcomes of partnership schemes. The current round includes 24 excellent projects.
It is against this successful background that I bring forward the amendment. Much has been achieved and it may be appropriate, in order to safeguard the partnership in future, to put it on a statutory basis.
Baroness Hughes of Stretford
I will not detain the Committee. I just wanted, in principle, to support the spirit behind these amendments. We have all talked about the quality of teaching being paramount and about ensuring that this goes beyond initial teacher training and involves continued access to good-quality continual professional development.
I particularly wanted to ask the Minister if he could refer in his reply to Amendment 66(1)(b), which makes reference to minimum qualifications in child development and behaviour. I declare an interest because I used to teach such subjects to postgraduate social work and probation students many years ago. More recently my son did a postgraduate certificate in education and is now, I am very pleased to say, a primary school teacher. I was shocked at the very small amount of time spent on child development and behaviour in his training. I know that it is a question of fitting a lot into a relatively small space of time—a year—but the lack of focus on cognitive development and language development in particular was astonishing. Has the Minister any plans to look at initial teacher training and at the focus, or lack of it, on child development? Will each higher education establishment decide that for itself in terms of the national curriculum, or will there be national guidelines to determine that at least a minimum amount of time should be spent on this important subject?
Lord Lingfield
My Lords, I do not think that anyone could quarrel with the values behind the noble Earl’s amendment concerning CPD. They are excellent. I draw attention to two matters. Two years ago, I carried out some research on the amount of CPD available for SENCOs and other teachers of children with special needs. Alas, the picture is that very little is available. Some schools do it extraordinarily well and a few institutions do it very well indeed, but the picture across the country is very patchy. I went to one university to see an excellent MA course for special needs teachers. Seven people had received grants to go on it and three had received no grant at all. That was for the whole county. That picture was replicated across the country. Therefore, the noble Earl’s amendment must be aspirational in this area. We have an enormous amount of work to do.
The noble Lord, Lord Storey, made a very good point, but I suspect that it applies particularly to secondary schools. We all probably know of many primary schools where that level of training does not take place, and the 50 hours mentioned by the noble Earl would require, for every 10 teachers at the school, a half-time teacher to take the classes of those engaged in CPD. It is a difficult matter. Obviously one must support the aspirations behind the amendment, but it would be very difficult to do what the noble Earl wants straightaway.
Lord Elton
My Lords, one disadvantage of the Grand Committee system is that, if one has an interest in the Chamber, it requires one to be in two places at the same time. I apologise for missing the introduction to the amendment as I needed to be in the Chamber.
The noble Baroness, Lady Hughes, has brought me to my feet. I was very struck by what she said about the shortage of training in behaviour management. In the 1980s, I chaired an inquiry into discipline in schools. One day, when I taught in an education college, I discovered I had lost the attention of my otherwise normally engaged adult trainee teachers, so I inquired why that was. They said that it was because they were having their first teaching practice the following week and that was all they could think about. I said, “It is not too difficult; you know three times as much as the best child about your subject and all you have to do is keep reasonable order and carry on”. They said, “Yes, but—”. I said, “Haven’t you been told anything about keeping reasonable order?”. “No”, they said, “not a word”.
I carried that with me into the inquiry and we inquired of all the training colleges in the country whether they taught behaviour management. They all said yes—and, after a comma, added, “as a cross-disciplinary subject”. I thought, “I know what that means”. We wrote to all the students who had been to the colleges in recent years and we had more than 1,000 replies. We discovered that only one college had actually successfully tackled the subject on its own and none of the others had taught it at all. It is very important because you can have someone with everything that the children need to know in his head but no means of getting it to them because he cannot get them to sit down and stop talking. It is as simple as that. It takes training, time and confidence. I could go on at great length about the different elements. Perhaps there is a means of instilling in the department and the Minister the necessity of not recognising training until it includes training in the management of behaviour in the classroom, because otherwise it will be inadequate.
Another matter I will raise concerns the second leg of the amendment in the name of the noble Earl, Lord Listowel. I see the impracticalities of it; the idea of having four consecutive hours is well beyond the reach of most places. Apart from anything else, who has a lesson for four hours? Children disperse and go to different lessons. The timetabling would be terrible.
I will address another question. Having heard the noble Baroness, Lady Hughes, I wonder whether my experience of 20 years ago is not still in date. We were very much aware of a phenomenon called “classroom isolation”. Teachers went in, shut the door and taught. They were alone with their problems, which they did not like to share because their colleagues would think that they were not succeeding. This provision would open the classroom door regularly. That may have changed, in which case I give three large cheers—but if it has not, something along the lines of the noble Lord’s amendment would be welcome.
Viscount Eccles
My Lords, this might be a good opportunity to follow my noble friend, whom I think I first met 60 years ago. We are discussing best practice and experience, and it seems to me that the three amendments represent a lot of experience and best practice. However, I would be very doubtful as to whether any of the matters in the three amendments should be statutory or matters for the Secretary of State. If these matters cannot be dealt with within the education system itself, I do not think that they ever will be.
Baroness Massey of Darwen
My Lords, perhaps I may return to the amendment tabled by the noble Lord, Lord Lexden, who has called himself a novice but was extremely cogent. The amendment refers to the,
“duty to promote academic partnership”.
I wonder whether that is what the noble Lord really means. I know that there are partnerships of all kinds between schools. He mentioned some in music and sport. I am slightly worried about the word “academic”. I am not challenging him but I want to highlight it.
Baroness Howe of Idlicote
My Lords, like other noble Lords, I think that the aspiration behind these amendments is to be applauded. The hours that might or might not be available are more of a problem. Whether there should be some tinkering with the hours required must be a matter for more careful thought on Report. Certainly, I am intrigued by the amendment in the name of the noble Lord, Lord Lexden, and there is a lot to be said for it.
We have got quite a lot of flexibility in how academies will develop. Whether there is room for this in the new schools, I do not know. At one of the schools I was at, the Fleming report approach worked extraordinarily well. There was no question of other students knowing about it at all. Everyone was very much on a par and no one knew who was entering in that way and who was not.
My question for the Minister is: who is in charge and are they sufficiently qualified to teach those who are being educated in prisons—young offenders and so on? There is a great deal of young offender education, which I know the Government want to put on a much more comprehensive basis and for many more hours. Under those circumstances, it would be good to know whether any of these amendments might apply.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, I am grateful to the noble Earl, Lord Listowel, for raising the issue of teacher quality and continuing professional development. We have heard that evidence from practitioners—which can be supported, as if that were needed, by a study by McKinsey—has found that the most successful education systems are characterised by strong systems of professional development, high levels of lesson observation, as the noble Earl argued, and continuing performance management. Also understood is the importance of teachers learning from the best and applying appropriate changes to their own teaching practice. Our approach to CPD and leadership training for teachers is based on that evidence. We are keen to improve the capacity of schools to take the lead for the training and development of teachers, and to create more opportunities for peer-to-peer training.
A key part of our overall proposals is the creation of a new network of teaching schools. This will help give outstanding schools the role of leading the training and professional development of teachers and head teachers so that all schools have access to high-quality professional and leadership development. We have also set up an independent review of teacher standards led by outstanding head teachers and teachers, whom we have asked to recommend to us new standards of competence and conduct for teachers. We hope that these standards will underpin our proposed reformed performance management system to make it easier for teachers to identify their development needs. The terms of reference for the standards review specifically require the standards to include the management of poor behaviour.
The noble Earl also suggested that teachers should have to be qualified in child development and behaviour management. I completely agree that these issues are of the utmost importance. Those points were made by the noble Baroness, Lady Hughes of Stretford, and by my noble friend Lord Elton. Training in relation to these issues is already included in all initial teacher training and trainees must demonstrate their knowledge and skills in these areas in order to attain qualified teacher status. However, I was struck by the points made by my noble friend and by the noble Baroness, Lady Hughes, and I will follow up those points with my honourable friend Mr Gibb, who is the Minister responsible for this area. I hope that the noble Earl will also be pleased to know that the Training and Development Agency for Schools has recently developed and put in place a package of support to improve training in behaviour management for all teachers.
The noble Earl also raised the important question of classroom observation. Again, I agree with him—as I think do all noble Lords—about the importance of that. We are keen to encourage more teachers to take part in school-based collaborative and peer-to-peer professional development and to get feedback on their own practice. That is one of the reasons why we are taking steps to remove the so-called three-hour limit that the current performance management regulations place on the amount of time that a teacher can be observed. I know that these are probing amendments but, as regards some of the specific suggestions, I agree with the points made by a number of noble Lords that a requirement to undertake a minimum amount of 50 hours of CPD is not the route down which we want to go, but I know that he was seeking to elucidate the broader points.
My noble friend Lord Lexden raised the important issue of partnership working between schools in the independent and maintained sectors. I am sure that we can all think of lots of examples where that is going on. I agree with him that it would be good to see even more of that. We are working with groups in the independent sector such as the Independent Schools Council and the independent state school partnership forum to explore how we can get more partnership working between schools in the independent and maintained sectors. As he said, schools from the independent sector can apply for teaching school designation. I think that three independent schools have already made such an application.
It is also the case that independent schools can apply to the education endowment fund that helps support new approaches to raise the attainment of disadvantaged pupils in maintained schools that are below the floor standard. I hope that will be another area that will please my noble friend, as we are trying to build closer relationships and break down some of these barriers that have divided the sectors. As regards his specific amendment, however, he may not be completely surprised to discover that a statutory and particularly prescriptive approach is not one to which I am attracted. However, I would certainly be very keen to do all that I can to bring the two sectors together.
The noble Baroness, Lady Howe, asked about the quality of offenders’ education. I am afraid that I am not able to reply to her specific points but I will follow that up with the Ministry of Justice to see whether we can get her an answer on those.
There is clearly broad agreement that raising the quality of teaching is important. I hope that I have reassured the noble Earl that there are plans in place to improve this aspect of the education system. We are keen to raise teacher quality by creating the conditions in which schools and teachers take responsibility for driving their own improvement, as has been discussed. In thanking the noble Earl very much for—
Baroness Morris of Yardley
Perhaps I might ask one brief question about the second part of the amendment tabled by the noble Lord, Lord Lexden. If my reading is right, teachers in the independent sector would have access to training on the same terms as those in the state sector, which would mean that the state would pay for their professional development, or at least some elements of it. The two of us have had discussions about this over the past 15 years. I would be surprised if the Minister responded positively, but the fact that he has not responded at all has left a question mark in my mind about his views.
Lord Hill of Oareford
My view is that independent schools are independent, and I would not look to the taxpayer to pick up the tab. That is my reaction off the top of my head. It is probably the answer that the noble Baroness hoped for, even if I have disappointed my noble friend Lord Lexden. Some noble Lords will know that I am a great supporter of the independent sector, but the word “independent” is important in that regard.
I thank the noble Earl for giving us the chance to have this debate and ask him to withdraw his amendment.
Lord Lucas
My Lords, I am very encouraged by what my noble friend said in response to the amendments. Perhaps I may pick him up on a couple of points. He said some good things about the integration of the independent and state school sectors. Will he confirm that there is no longer any consideration of the idea of excluding teachers in independent schools from the main state teachers’ pension fund, which would make migration between the two sectors extremely difficult?
Secondly, there has been a history of initiatives, of which teaching schools is the latest, intended to develop and spread good practice. In my view such initiatives have always foundered on the lack of information flow between good schools and schools that need good advice. I will not detain the Committee with ideas on how that might be improved, but when the Minister is no longer under so much pressure, perhaps I might try to persuade him that the Government have a role in helping to set up structures to enable information to flow better than it does.
Lord Elton
Very well. I would be grateful if my noble friend would turn his mind again to the question of the integration of the independent and state sectors, and co-operation between the two. I take it that there would be no philosophical objection to the private sector buying into the provision of these facilities, which he rightly says should not be given away free.
The Earl of Listowel
My Lords, I thank the Minister warmly for his encouraging response, and I thank noble Lords for expressing sympathy at least for the principles behind the amendments—I am very grateful for that. I need to think more about costs, particularly for developing classroom observation. A number of noble Lords pointed out the cost of having teachers away from the class and of having teachers observing other teachers. I want to make sure that that is kept in mind.
Perhaps I might also briefly apologise for something that I said earlier in Committee about the early years workforce. I made some comments that I regret. It is widely recognised that capacity in that area is fairly low and I might have dwelt more on the very positive experience that I have had of meeting people who have a strong vocation in that area of work. With that, I beg leave to withdraw the amendment.
Lord Lexden
Lord Lexden
My Lords, Amendment 68 would extend the possibility of carrying out a statutory induction year to duly accredited schools abroad. The most important matter arising here is the manner in which such an assurance and accreditation would be carried out.
As some noble Lords may know, there is a Council of British International Schools—I have the honour of being its vice-president—which provides recognised accreditation for schools that conform to the statutory standards required of independent schools in England— namely, the independent schools standards regulations. Recently, the Secretary of State approved the Independent Schools Inspectorate, which works on terms agreed and authorised by the Government as an inspection body for British schools overseas. This has the happy result of creating circumstances in which many international schools can now meet the necessary requirements to offer induction to newly qualified teachers working in British schools abroad if the Government agree to such a development.
Extending the opportunity for teachers to complete their induction year overseas would have at least two direct benefits. First, it would encourage more schools abroad to seek accreditation through COBIS or by some other means on the clear basis that they meet the same standards as British schools in the United Kingdom. Secondly, it would allow teachers who choose to work abroad to return to the United Kingdom with full eligibility to teach in our schools. Under current arrangements, a teacher trained in a European Union country such as Romania can come to teach in England without needing to go through a probationary period, while a teacher who trained in England but left to teach abroad would not be able to teach in England when he or she returned, even after many years of service.
Now that British schools abroad can voluntarily request an inspection by the ISI and demonstrate that they are meeting the same standards as British schools in the United Kingdom, their inability to offer induction is a purely geographical problem. In some other cases, specifically those of Her Majesty’s forces schools in Cyprus and Germany, geography is deemed not to matter, presumably because there is a sufficient level of quality assurance from the United Kingdom. Now that kind of quality assurance can be guaranteed at accredited schools. I know that discussions on this matter between COBIS and the Department for Education are proceeding positively, along with parallel discussions with groups such as British Schools in the Middle East and the Federation of British International Schools in South East Asia. It would be good for Britain, and for British teachers and pupils at British schools abroad, if the recognised induction process could be offered in such schools.
Amendment 69 again draws on the experience of the independent sector, and in particular of the ISC's teacher induction panel, established and recognised by the Government in 2002, which last year acted as the appropriate body for more than 1,250 NQTs serving induction in 800 accredited independent schools. It is the largest appropriate body in the country. The panel believes very strongly that newly qualified teachers should be able to serve only one induction period, not least because such a small number fail—16 last year out of more than 29,000 teachers taking induction. That leads the panel to the clear conclusion that, after the established statutory induction period, the outcome is that only a tiny number are not suitable to teach.
The Government are gaining tremendous credit for increasing the rigour of the selection process for state-funded teacher training places, bringing the system closely into line with the very successful Teach First initiative. A revised and significantly reduced set of teaching standards that will underpin both the training and probationary years is in the pipeline.
Given that the new set of teacher standards will cover both years, teachers will be in the satisfactory position of having twice as much time to become familiar with, and proficient in, fewer standards. Thus, it would seem to make even less sense if new teachers who could not make the grade were allowed to retake induction. One year should be enough for experienced professionals to make a judgment on whether new teachers are able to cope with the demands of day-to-day school life. Just as we would expect new teachers who show insufficient knowledge and understanding to fail their initial teacher training, surely we should similarly expect those who are unable to maintain order in a way that meets the required induction standards to fail the statutory induction process without being able to extend that beyond the statutory period.
Finally, and briefly, Amendment 72 relates to a specific, but not unimportant, issue arising from the establishment of teaching schools, which are a very welcome development that will begin in September. The new networks of teaching schools will undoubtedly be successful in training their own staff, whether at initial teacher training level or over the statutory induction year but—and this is the issue—would it be altogether wise to allow these schools to become their own appropriate bodies responsible for validating the induction year and for the oversight of the quality assurance of the process? That is the issue that has led to my tabling Amendment 72.
Lord Sutherland of Houndwood
My Lords, this amendment intrigues me, and it raises a question that I hope the Minister can answer. I hope that the proposal would not in any way affect the positive cross-border flow of teachers between Wales and England and between Scotland and England. There are benefits to both sides at the moment.
Baroness Jones of Whitchurch
My Lords, I am very grateful to the noble Lord, Lord Lexden, for giving us the opportunity to look at the issue of induction periods for staff and to consider who should have to go through that induction period and on what grounds.
Amendment 68, which covers international schools—or any “duly accredited school overseas”—seems to make eminently good sense. Obviously, the underlying issue is accreditation, which means that we need to be sure that the schools that are authorised to perform the induction really are able to provide the quality of teaching to the standards that we demand. However, given that young people these days, as part of their natural early adulthood, move around the globe far more than we ever did in our day, I think that it is perfectly reasonable to expect that young people might want to start their teaching career outside the UK and to bring those skills and experiences directly back into the teaching profession in the UK. Therefore, I very much welcome the intention behind Amendment 68.
On the other hand, Amendment 69 seems rather ungenerous of the noble Lord, because it implies that people who fail their induction will somehow use some underhand way of sneaking back in, so to speak, through the backdoor. When I read the proposal in the Bill, I saw it as much more a facilitative thing. As we have touched on in previous debates, some who start their training when they are very young may not really know in what age group or subject they want to specialise. Therefore, I can well imagine a situation in which some young people, having started off their induction teaching one age group, realise that that age group is not for them and, halfway through the induction year, decide to switch, for example, from secondary to primary or vice versa. I would hope that the regulations that will be set out would enable that to happen. It is not about allowing poor teachers who have failed to get back in; allowing that flexibility for young people to make different career choices seems eminently sensible. Therefore, I support the intent in the original Bill.
Lord Lucas
My Lords, I support my noble friend’s first amendment. Making sure that British education around the world is of high quality does Britain a great deal of good one way or another. There are many countries where our education system comes under far less criticism than it does here and where our qualifications are very highly regarded. All the work that we put in here to make sure that they are even better is important. Now that the system of inspection here, with which we are happy, reaches out to some of those schools, we should acknowledge that by extending to those schools the abilities in terms of raising young teachers that we would accord to them if they were in the UK. They are schools following the British system, using British qualifications and mostly British teachers. I see no reason why we should cut them out of that.
I disagree with my noble friend on his second amendment from two points of view. First, if only 15 or 16 people are failing, why are there so few? What kind of rigorous examination has so few people failing? It really cannot be a mark of quality that so few people fail their induction year. I cannot believe that, as set up now, the processes that allow someone to begin an induction year are so perfect that only that small proportion should fail.
Secondly, I want to argue against the premise that people who fail should not be allowed to retry. I know one of those 15 people and I have had a long conversation with him as to why he failed. In my view, the basic reason is that he wanted to make maths fun and would not put up with the Gradgrind methods that he was told to use. It was silly of him to argue. He should have just knuckled down and gone through it for a year. Then he would have been free to teach and to explore his own way. But he did not because he is a headstrong young man and full of what strikes me to be very good ideas as to how to enliven a subject that I have always enjoyed but many people have not. Where such people have come up against what in my mind is the wrong verdict or have tackled things in the wrong way, they should be given another chance. I look at this in both ways: a lot more people should be failing and they should be given a second chance.
Baroness Garden of Frognal
I thank my noble friend Lord Lexden for giving us this opportunity to talk about induction, which is an important part of ensuring we have good teachers in our schools. Induction is like a probationary period. It provides a statutory national framework for supporting new teachers to make the transition from initial teacher training to their career in teaching. It ensures that NQTs receive support, training and development. At the end of this time, new teachers have to pass an assessment and can then become full members of the teaching profession. Before I come on to the amendments in detail, let me set out briefly some of what the Government are doing to get excellent teachers into the profession, because induction is at the end of the process and needs to be viewed in that context.
Our initial teacher training strategy, which we recently launched, includes the following measures: we will attract the best graduates by offering one-off training bursaries of up to £20,000; we will double the size of Teach First, a scheme that has been highly successful in attracting graduates from some of our best universities into teaching; we will raise the bar for entry to teaching by funding training only for those with at least a second class degree, and by introducing literacy and numeracy entry tests; we will focus teacher training better on the skills that teachers need most, including managing behaviour and teaching early reading, items which we have already touched on in this Committee; and, we will give more schools a strong role in the recruitment and training of the trainees that they will go on to employ.
Alongside these reforms, we have been reviewing teacher standards, including those that trainee teachers must meet. We expect shortly to produce new, clear standards that raise the bar for newly qualified teachers who enter induction, so the Government are doing much—
Lord Knight of Weymouth
Given that the Minister raised the background to this debate, which I am grateful to her for doing, could she clarify one point for me? In terms of the bursaries being proposed in the paper, can the Minister give us her view of the impression given by awarding up to £20,000 per secondary school priority subject, yet so much less for primary school teaching? Is it not really important that we get things right in primaries so that people can become successful in secondaries, and should the bursaries not reflect that?
Baroness Garden of Frognal
Some of this is to do with shortages of teachers. There are more shortages of secondary school teachers, which is why those priorities have been set. However, we would entirely agree with what the noble Lord has said about the real importance of primary school teaching and of introducing an ethos of learning, and of the fun of learning, at a very early stage. Primary school teachers are of the utmost importance in that. The Government are doing much to improve the quality of those who enter induction in the first place but, as my noble friend Lord Lexden has said, induction itself is of great importance. It helps NQTs to handle the fresh challenges they face in their first teaching post, to strengthen their skills and to improve their teaching.
On Amendment 69 it is the case, under current regulations, that NQTs may serve induction only once—a point that has been picked up by noble Lords. In answer to the noble Baroness, Lady Jones, it is a fact that the previous Government’s regulations prescribed only one induction period. We have reviewed that position and decided to continue it. Of course, if things change we can always review the position but that is what we are holding to at the moment. Recent discussions with those who work with induction arrangements have supported the current position, reflecting the important points that my noble friend Lord Lexden has made today. We do not plan to allow NQTs to serve more than one induction period. It is of course a key element of ensuring that only those NQTs who meet the required standards are permitted to continue to teach in maintained schools, and we would wish to maintain that.
In answer to the point by the noble Baroness, Lady Jones, about academies, they are classified as independent schools and as such they may choose to offer statutory induction, although they are not required to do so. We will continue that position through regulations. My noble friend Lord Lexden raised an important issue—
Baroness Morris of Yardley
Can the Minister clarify that? If you do your initial teacher training and choose to teach in an academy, if there is no requirement to do an induction year, how do you get your complete teacher training certificate? Is it not needed? I thought every teacher had to have an ITT qualification and undergo a successful period of induction. What is the position for a teacher going into an academy? It is not quite clear.
Baroness Garden of Frognal
They are classified as independent schools, so they come under those criteria.
Baroness Morris of Yardley
I understand that. It is the teacher I am concerned about. It is just a scenario. The teacher completes a period of initial teacher training for a year as a PGCE, then goes into an academy and does not have to serve an induction year. What happens? I am not sure how they complete their qualification.
Baroness Garden of Frognal
I apologise to the noble Baroness. I thought we had switched to another subject. A teacher who wishes to teach in a maintained school would have to have gone through a period of induction, but I had moved on to the teaching schools.
Baroness Morris of Yardley
If the teacher finishes their initial teacher training and then gets a job in an academy, surely the academy has an obligation to carry out their induction year. Otherwise, they cannot qualify at the end of it.
Baroness Garden of Frognal
Academies can choose. It is a choice, as it is with independent schools.
Lord Knight of Weymouth
I do not want to delay the Committee, but this is really important. There is no requirement on academies. I can understand there being no requirement on academies if the number of academies is small, but if, as it would appear, we are starting to move towards a vision of every secondary school being an academy, how can we ever be sure that we have enough induction places for the workforce that we need to keep continuing to recruit?
Baroness Hughes of Stretford
As I understand this—I may be wrong—teachers’ training is not fully validated until they have successfully completed an induction period. If the choice of whether there is an induction period rests with the school or academy and is not a right for the teacher, there may be a large number of people going into those situations whose training is never finally completed and validated if they have not done a satisfactory induction period.
Baroness Garden of Frognal
My Lords, we seem to have hit an area where it would be helpful if we take this away, look at the detail of the arrangements and write to members of the Committee. The position at the moment appears to lack some clarity. We will write.
Baroness Howarth of Breckland
When the Minister writes, will she tell us the principle behind this? Some of us are anxious that we are going to move towards a position where anyone can teach in any school without appropriate qualifications. We hope that is not the Government’s position and so look forward to that being clarified in the Minister’s reply.
Baroness Garden of Frognal
We will sort that out in the letter because that is certainly not the intention.
Baroness Massey of Darwen
Could the Minister also explain what the situation will be in so-called free schools where, as I understand it, people can teach without qualifications?
Baroness Garden of Frognal
They are independent schools, so the freedoms that have pertained for some time in the independent sector would apply to free schools.
Baroness Massey of Darwen
But the independent sector does not have unqualified teachers.
Baroness Garden of Frognal
They do not need NQT status in free schools or independent schools. That is not a change.
Baroness Jones of Whitchurch
I am sorry to dwell on this, but I want to pick up the point that the noble Baroness made earlier about induction periods. She has confused me because the legislation states that regulations will be made,
“as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period”.
As I said in my original speech, that sounds perfectly sensible. The Government are now saying that they have already decided, and that it is one. The legislation implies a level of flexibility that the Minister is now saying does not exist. It is one induction period—end of story.
Baroness Garden of Frognal
Both the current and proposed primary legislation enable the Government to allow more than one induction period to be served. However, under the previous Government this was not the case, and this Government have decided to continue the practice of the previous Government, so there has not been a change and the facility exists, if required.
Moving on, my noble friend Lord Lexden raised an important issue relating to induction in teaching schools. He indentifies a risk in the possibility of the same teaching school providing an individual’s initial teacher training and hosting their induction. I agree with my noble friend when he says that we must not allow this to be a loophole through which poorly trained teachers can enter the system. I can reassure your Lordships that only schools of the highest quality will be able to become teaching schools that provide ITT. They will need to be judged outstanding by Ofsted and pass a rigorous assessment, overseen by the National College, in order to become a teaching school. They will then need to go through the robust accreditation process that all ITT providers currently go through. If they are successful, their ITT provision will be subject to Ofsted inspection. There will be safeguards on the quality of induction in teaching schools by means of the independent appropriate body that oversees induction. I know we will come on to talk about that body in more detail when we move on to the next amendment, tabled by my noble friend, Baroness Perry of Southwark.
The Earl of Listowel
I beg the Minister’s pardon for interrupting her, but one point that I know concerns some head teachers very much is the status of those primary schools that currently have a status as a sort of teaching school. The head teacher whom I have in mind works in a very challenging area. Her school’s results in terms of educational attainment may not be so high, but it is recognised that she is doing a fantastic job in a very difficult area, where she works with some very challenged families. The concern is that, when the Government are setting parameters for the new teaching schools, they may not take enough cognisance of the huge progress that these head teachers have made with their pupils and will keep more in mind the bare bones of achievement in terms of academic attainment. I would be grateful if the Minister could reassure me that this will not be the case and that head teachers who make a huge difference to children coming from difficult challenging background will not be excluded from the teaching schools initiative.
Baroness Garden of Frognal
My Lords, the schools will need to be judged outstanding by Ofsted, so there will be levels of academic attainment within that. However, we are in no way underrating the value of schools such as the one to which the noble Earl has referred. They may well be able, say, to work in partnership with a school that was rated outstanding, bringing the special skills they have developed in those very challenging schools to bear on the induction period.
Finally, let me turn to the issue of induction at British schools overseas, which was my noble friend’s other amendment. The British education sector overseas is growing rapidly. It appeals both to English-speaking expatriates and to local parents in many parts of the world, who want their children to have an education instilling British values and ethos. For those reasons, I agree with the noble Lord that British schools abroad should be able to offer induction.
In response to the question from the noble Lord, Lord Sutherland of Houndwood, there will be no impact at all on current arrangements between England and Wales and between England and Scotland—those will not change.
The good news is that primary legislation does in fact already allow this. These schools are legally independent schools, and independent schools are able to offer induction to their NQTs if they choose to do so, providing the teacher has QTS and the school can provide a suitable post. However, there is currently a legal barrier to this happening, in secondary legislation. Following our review of induction arrangements, I have therefore asked officials to ensure that proposed amendments to the induction regulations will include changes that allow certain British schools abroad—those that have been inspected under the British schools overseas arrangements and accredited by COBIS or other reputable British schools overseas organisations—to offer statutory induction to their NQTs.
I hope that my remarks have provided some reassurance to my noble friend Lord Lexden, and that he will feel able to withdraw his amendment.
Lord Lucas
My Lords, since the noble Baroness is in writing mood, will she enlarge slightly on the questions that I asked in regard to the second amendment of the noble Lord, Lord Lexden? If we are focusing hard on trying to get high-quality teachers, we need to be careful to ensure that we have not built into the system disincentives to getting rid of teachers who are not up to the grade. It was always the problem with hanging someone for stealing a sheep that juries would never convict. It seems to me that we have a similar situation here, as the penalty for failing an induction year is so harsh—the person may never teach in a maintained school again. Most people strain to get these individuals through their induction year and to pass them just because the penalty is so harsh rather than because they have done well enough to be passed into the teaching profession with all flags flying. Therefore, I would like to understand the logic behind the Government’s decision to keep it as “once only” rather than allowing a second chance.
Lord Elton
Another class of people who deserve a second chance is those who fall over their shoelaces in the first term and lose the respect of children. They are never going to get that back in that school and will never get a fair trial. They need to go to another school and start again, where you may get a very good teacher out of the experience.
The Earl of Listowel
My Lords, I am sorry to trouble the Committee further, but I am still a little worried by the Minister’s response. I was grateful for what she said but I can see a situation where excellent head teachers working extremely hard in very challenging areas producing outstanding results do not get the credit due to them for doing that. It is far easier to get high academic results in a school in a leafy suburb than in an inner-city school. We risk denying our future teachers an experience of learning from an inspirational head in an inner city if these plans are not carefully balanced to ensure that there is a broad base of experience in these teaching schools and they are not situated predominantly in areas where it is easier to get high educational attainment. However, we need to aim always to get the highest educational attainment for all our children.
Lord Lexden
My Lords, my three amendments have precipitated a discussion on induction that has ranged rather more widely than I anticipated. I thank all those who have contributed to this wide-ranging discussion, including my noble friend Lord Lucas who rebuked me for my mean-mindedness. I will work on it and seek to correct it. I also thank the noble Baroness who spoke on behalf of the Government for the many reassurances that she gave, particularly for her comments about the expanded arrangements now in contemplation so that induction can be undertaken in British schools abroad. I beg leave to withdraw the amendment.
Baroness Perry of Southwark
My Lords, this amendment continues with the theme of induction and deals with the rather important issue of who assesses whether the teacher has or has not successfully completed the induction year. The Bill is rather misty on who will do this assessment. New Section 135A(2)(h) simply requires the head teacher ,
“to make a recommendation to the appropriate body”.
My amendment would allow a person who is independent of the school and the local authority to make the judgment. They will be well qualified to make it because they have successful teaching experience and will not pop in just once to make the assessment but will observe the teacher during the induction period on more than one occasion. We all know that you can have one bad lesson and then one sparkling one that goes terribly well, so it is important to see the teacher on more than one occasion.
This is very important, not only because, as we all agreed in the previous debate, induction is a vital part of the training of the teacher, but because it is sometimes very difficult to make an assessment. As I know from long observation and experience, the college or university where the students do their initial training tends to judge them much more on their academic achievement than on their practical performance. Also, it will be very reluctant for all sorts of reasons that I do not need to enumerate to fail many of its students. Now we move on to the school. If it is left to the school and the head, there is also a very real difficulty. The young teacher will have been a colleague for a year, and the school will be very reluctant to make a harsh judgment, even when it has grave reservations about her or his ability to perform well. Therefore, we are left with the crucial option of bringing in a well qualified person who will observe on several occasions.
I did not speak in the previous debate but I hope that even those who have not done too well in their first year might nevertheless have their induction period extended, as is suggested by new Clause 135A(2)(g). Like my noble friend Lord Elton, I have seen many teachers flounder in one school and do very well in the next. Crucially, we have heard that only 15 or 16 fail every year. That is simply not enough. We are still letting through a tiny minority of people who are not born to be teachers and who are not very happy in the teaching profession. For their sake, as well as for the sake of the thousands of children whom they may influence in their career, it is important that they are given at the very beginning the chance to say, “Teaching is not for me, so I will go into another profession”—rather than, out of the kindness of our hearts, just swinging them through. It is pretty miserable to spend the rest of your career doing a job that you are not good at, that you do not particularly enjoy and in which you struggle every day. The red light should come on at a very early stage and I hope the amendment will go some way to making that possible. I beg to move.
Lord Storey
My Lords, I will speak briefly. In days gone by, the inspector called. They would sit and watch newly qualified or probationary teachers, as they were called in those days, and make a decision. We have moved on considerably.
My current experience—I have a newly qualified teacher—is that it is a very detailed process. It is not just about one classroom observation. The newly qualified teacher will have a mentor in school who will guide them through any issues or concerns that they have. Each term, they will be observed on average two or three times. At the end of each term, a detailed form will be completed, which will have to be signed by the mentor and head teacher, both of whom will also provide comments. The newly qualified teacher can give an input into how they feel the first term has gone. That would be in partnership with the local authority and the local authority would then receive that form, which would be completed each term, three times a year. The newly qualified teacher would have to be successful in each of those terms, so it is not just a question of the head teacher observing the newly qualified teacher; other people would be involved in that as well. It would not just be about literacy and numeracy, but it might be that the person responsible for science in the school would observe a class that the newly qualified teacher was taking.
Currently, it is a very rigorous and robust process. I have no objection to an outside inspector or independent person coming in, but I want to assure my noble friend that this current process is very worthwhile.
Baroness Morris of Yardley
Perhaps I could ask a question as part of my response to these amendments. I was going to raise this in the previous debate. We talk about the figure of 15 who failed their initial teacher training, which appears to be very low. I am making an assumption that the selection procedure is not so perfect that it has this right. Before we bandy that figure around, perhaps the Minister might let us know how many students drop out, because sometimes there is a managed drop-out. I genuinely do not know the answer to that. That figure might also be very low. It might be useful to have a picture of how many start and finish as well as the statistic of the 15.
The Earl of Listowel
The noble Lord, Lord Storey, reminds me of a meeting that I had with the noble Baroness, Lady Walmsley, and some head teachers a year or so ago. One subject that came up was mentoring. I am not sure whether it was the mentoring of newly qualified teachers or teachers in initial training. The head teachers were making the point to us that it is very important that the quality of their mentors is right. I forget the gradations, but perhaps they are outstanding, good and satisfactory teachers. The head teachers regretted the fact that sometimes teachers in initial training might be given just a satisfactory mentor when they should have a good or outstanding mentor. They may have been saying that they should have outstanding mentors all the time. Perhaps the Minister will bear that in mind. One way to improve outcomes in this area might be to ensure, more consistently, that the mentors are of the highest standard for people in initial training or their first year.
Lord Hill of Oareford
My Lords, as was clear in the previous group of amendments, I very much agree with my noble friend Lady Perry that we have to encourage the best teachers into the profession and support their professional development. I understand that the intention of her amendment is to ensure that only those teachers who are good enough to pass the induction should become full members of the teaching profession. I support that aim.
We have talked a little about the numbers. The figure of 15 is the correct figure but in response to the question from the noble Baroness, Lady Morris of Yardley, in terms of managed moves the figure is something like 10 per cent. That lends some credence to the point of the noble Baroness. Part of the process is that people drop out—the 15 who do not make it—but there are others who do not make it in a less apparent way.
Perhaps I can briefly set out the current arrangements for induction, although I thought that my noble friend Lord Storey gave some helpful observations on that. As he said, each NQT is provided with a tutor who is an experienced qualified teacher and their role is to mentor the NQT on a day-to-day basis, to observe their teaching practice throughout the year and to give them feedback. They contribute to formal assessments of NQTs, which take place each term. At the end of the year the NQT is judged on whether they have met the required standard to become a full member of the teaching profession. Schools do not make that final judgment; they have to work with the independent appropriate body, which has overall responsibility for ensuring that the induction is fair and rigorous and that the NQT gets the appropriate support. It can visit the school, speak to the head teacher and to NQTs to check up on progress. The independent appropriate body makes the final decision on whether the required standards are met, based on the assessments that have taken place over the year and the recommendation of the head teacher.
Arguably, no set of arrangements is absolutely perfect. We are currently looking at induction and, if my noble friend has any individual cases of appropriate bodies not maintaining the required standards, I would be keen to meet her to discuss the issue further. In any case, it might be helpful if I could arrange a meeting for her with the Schools Minister with responsibility for this area just so that we can tease out some of these issues a bit further.
Induction arrangements are just one element of the Government’s overall reforms, the key aim of which is to raise the quality of new entrants by toughening entry requirements and by investing more in attracting the best graduates. We hope that that will improve the quality of NQTs entering induction in the first place, which seems to me to be the key issue. I believe that, taken together, our reforms are more likely to achieve the increase in quality that we all seek than would be achieved by the introduction of a new check—to check the checkers, as it were—into arrangements that already feature an independent appropriate body. However, I understand the points that my noble friend made and I would welcome the opportunity to discuss the matter further by asking that she raise her concerns with the appropriate Minister. On that basis, I hope that she will feel able to withdraw her amendment.
Lord Sutherland of Houndwood
My Lords, before the Minister sits down, would he accept that there is a difference between a system in which, by and large, those who make the assessment—that is, the referees—are either coaches or mentors or colleagues and a system in which the independent referee is not also a coach? The difficulty in that relationship is, I think, the point of the amendment.
Lord Lucas
Yes, it would be rather like driving tests being administered by the driving instructor.
The Earl of Listowel
Can I trouble the Minister just a little further? I was grateful for his response about ensuring that there is a high-quality mentor for trainees. If he had a little bit of time to drop me a note on how the mentors will be selected—both for the teachers in initial teacher training and for those in the qualified teacher year—I would be grateful to him for that.
Baroness Sharp of Guildford
I, too, apologise for intervening at this point, but there is one issue on which I would be grateful to have a little bit of clarification. My noble friend the Minister talked about the substantial changes that are being made in teacher training provision. The biggest change is the switch from training teachers in ITT settings, within a higher education environment, to training teachers within schools. Am I right in thinking that there is no legislation—certainly there is nothing in the Bill—that covers that change? Does it require legislation?
Lord Hill of Oareford
I do not believe that legislation is required for that, but we will come on to that issue in a later group, where we have some specific amendments on the role of the HEIs.
Baroness Perry of Southwark
My Lords, I thank the Minister very much for his characteristically generous response and for his understanding of the point that is being made. I am particularly grateful to the noble Lord, Lord Sutherland, for making the point that I was trying to make, which is that those who have been colleagues, coaches and mentors—and all the other good things that we must have during induction—are not the best people to make a final, and perhaps rather harsh, judgment at the end of the induction. I feel that having an independent judgment is important.
However, in view of the Minister’s generous response to have further discussions, I beg leave to withdraw the amendment.
Baroness Hughes of Stretford
Clause 13 introduces into law restrictions on the reporting of alleged offences by a teacher in a school up to the point at which that teacher is charged, if they are charged, and covers matters concerning the possible breach of those reporting restrictions and possible defences of those breaches. Noble Lords will know that this has long been an issue and that teachers organisations, and head teachers organisations, to some extent, have talked about it. In fact, the previous Government responded positively to the evidence put before them but decided not to legislate. Instead, they revised the guidance issued to the Association of Chief Police Officers advising police forces not to release the identity of individuals to the media prior to formal charges being brought. The Labour Government also brought in procedures to speed up the processes of investigation because that is another important issue.
I think the general view is that those two measures have had a significant impact and that the problem of reporting of—often very pernicious—allegations about teachers and people in schools has significantly gone away. However, the Government have decided to legislate and, because we are generally sympathetic to the arguments put forward, we do not oppose the legislation. What we are concerned about is that, having decided to legislate, which is a very important step because it is curtailing the freedom of the press by statute, the Government have decided to do so for teachers only. If you are going to legislate on such an important matter rather than go down the route that we have already gone down, which has had a great impact on the behaviour of the media through self-regulation, we have to be very clear about the principles on which you are legislating, about the evidence that is the basis for that legislation and, therefore, on where you draw the line. Those are the key issues that the Government have to speak to us about today to justify why they think the legislation is appropriate for teachers and for teachers only.
I think we all accept that if people are working with children, particularly in a situation such as a school where it is very concentrated and there are large numbers of children, they can suffer extreme difficulties from unproven allegations, even if no charges are eventually laid because it affects the way they do their job, it generates mistrust from parents and people are often assumed to be guilty, even if the police decide there is no substance to the allegations and charges are not brought. We have stories from the past of longer term difficulties when people’s employability has been adversely affected by these kinds of allegations.
We are also aware that it is not just teachers who are in situations where those kinds of allegations can be made. Changes in schools, particularly over the past 10 years or so, have made this very significant. There is a wide range of people now in schools who are doing very similar things to teachers in so far as they are in close contact with children and are often dealing with very challenging children with special educational needs or behavioural difficulties. It is not only teachers who are supervising children. For example, support staff supervise children in non-classroom situations in the school, in the playground, after school and in after-school clubs. It will not necessarily be teachers in those situations. Clearly, those same arguments apply in sixth-form colleges and further education colleges. In a previous day in Committee, I think that we heard the noble Baroness, Lady Sharp, advise us when we were discussing searches that it would probably be security staff in colleges who would undertake searches, not the qualified further education lecturers. The reach of this provision is therefore very restricted.
Also, as I understand from reading it, the provision would not include—the Minister will correct me if I am wrong—people who are teachers but who are providing supply cover, or who are on a temporary contract, or who are teaching in an off-site situation. As it stands, in its very limited reach this proposal does not relate to the real world in schools at the moment or to the wide range of people who are dealing in very close contact with children. In the other place, the justification which the Minister there gave for the limited reach of the Government’s proposal was that they had evidence of the impact on teachers but not to support the application of the legislation to school support staff, or to teachers in sixth-form or FE colleges. In fact, UNISON has carried out its own survey using the same question that the Association of Teachers and Lecturers used, which has provided some of the evidence to support a case for teachers.
The results of that survey showed that nearly half of all the respondents had experience of support staff in schools facing allegations from pupils, 33 per cent of which resulted in an investigation. Twenty per cent of those accused were suspended and 15 per cent were reported to the police, so there seems to be a substantial body of evidence to suggest that these are also issues for significant numbers of school staff. Similarly, in relation to lecturers and other staff at FE colleges, the Association of School and College Leaders has also provided a wealth of evidence and case studies, some of which were rehearsed in some detail in Committee in the other place. I will not detain this Committee now with those examples, as they can be read in the Hansard report from that Committee, but there is evidence of lecturers in sixth-form and FE colleges experiencing the same kind of problem.
My Amendments 73E to 73H, 73J and 73K would therefore simply extend the Government's proposals on reporting restrictions on allegations, which cover the period up to the point only of the person’s being charged, to non-teaching school staff and to lecturers in sixth-form and further education colleges. The noble Baroness, Lady Walmsley, has some amendments in this group as well and I look forward to hearing her arguments. I think she is supporting the extension to sixth form and FE lecturers with her Amendment 75, but in her Amendment 75A she is proposing “Wait and see—let's look again in two years” about school support staff.
I simply conclude with the points that I made right at the beginning: if we are going down this road of applying legislation to restrict the reporting in the media of certain allegations, it has to be on the basis of principle and of evidence. In that regard, I cannot see that the case can be made only for teachers. The Government have got themselves potentially in a difficult position, because I could of course go further. I could talk about people working in residential care and in children's homes, or about people working in a whole variety of situations—in young offender institutions, for example. To be quite honest, that is the problem that the Government have created for themselves here. Understandably, once you start to use legislation, other groups will say, “We are in the same situation so this should apply to us too”.
This is an education Bill and, for the moment, I shall not use those arguments to that extent. I feel that there is no justification for limiting these provisions to teachers only and, as regards education, these other groups of staff ought to be covered by the same protections. I beg to move Amendment 73E.
Lord Black of Brentwood
This is not the best day for British journalism, I fear, so I almost hesitate to declare an interest as a director of the Telegraph Media Group and chairman of the Press Standards Board of Finance. I spoke on these matters at Second Reading, expressing my concern that Clause 13 is unworkable, unnecessary, has huge, significant ramifications for open justice, sets a damaging precedent and, above all, is based on scant evidence. I am very glad that the noble Baroness raised the issue of evidence because it is very important to this clause.
Of course, it is appalling if anyone, not just a teacher, is falsely accused of a crime, but the transparent pursuit of justice is vital too, as it is part of the constitutional compact between the courts, the media and the public. Justice can be effective only if it is seen to be done, and that is why the media is always opposed to reporting restrictions, except in the most pressing circumstances and where there is overwhelming evidence of need. I fear that my interpretation of the research and data in this area is that that evidence is incredibly thin.
On Monday, we heard from the noble Lord, Lord Puttnam, about the evidence-based approach to policy. He said,
“Creating policy involves learning lessons from the past and gathering evidence from the present”.—[Official Report, 4/7/11; col. GC 52.]
I could not agree more. The best evidence that we have is from the Department for Children, Schools and Families’ submission to the 2009 Select Committee inquiry into allegations against school staff, which concluded after careful analysis that there was no case for teacher anonymity. Subsequently, I have checked with some other bodies that might know about it.
It is important that the Committee looks at the issue of evidence. I have talked to the Press Complaints Commission, which has other issues on its mind at the moment, but it looked at the cases it had dealt with over the past four years and could find only two relating to teacher anonymity where there may have been a breach of the industry’s code. The secretary of the code committee of the Press Complaints Commission confirmed to me that there had been no representations from teachers' organisations to the code committee to deal with this issue. I talked to Mr Tony Jaffa of Foot Anstey, one of the leading solicitors in the country dealing with local media, who wrote to me to say that:
“My colleagues and I do not have any recollection of any regional paper ever having received a complaint from a teacher in this context … We have no evidence to support the proposed change … If this were a real problem I would expect to have seen post-publication complaints, PCC complaints, and/or libel claims. We have not seen any of these”.
The noble Baroness referred to a UNISON survey, which was very similar to the results of the survey conducted by the Association of Teachers and Lecturers, which points to a high number of allegations that have been made against staff. Among that huge potential number, the number of actual press reports is tiny. This clause is all about restrictions on the media, so we have to look at the number of press reports that follow, not at the number of allegations made within schools and further education institutions. If there is precious little evidence of a problem relating to schools, I can find even less rationale for extending this to further education institutions and to other staff as a number of these amendments seek to do. I certainly cannot find any in the 2009 Select Committee inquiry.
The other point of great concern to me is precedent. At Second Reading, I warned that Clause 13 was,
“the thin end of a wedge that will lead inexorably to much wider reporting restrictions”,—[Official Report, 14/6/11; col. 734.]
that would have a profound impact on the local media in particular. If we extend the terms of Clause 13 beyond teachers to other members of staff and to further education institutions, as Amendment 73 and subsequent amendments seek to do, as the noble Baroness has said, why stop there? How do the Government explain where the dividing line is, especially when they have already said, as they did in the schools White Paper, The Importance of Teaching, that they would,
“consider whether these measures should also be applied to the wider children's workforce”?
In 2009, a survey among local authorities found that allegations—I make the point that it is allegations and not media reports—were an issue across a number of employment sectors involving children, including social care, health care, foster carers and the police. That already brings another significant potential group of people within this ever-expanding set of potential reporting restrictions. As the noble Baroness said, there are other careers where individuals are sometimes alone with children. If we accept the extensions to Clause 13, what is the logic in excluding them? The list could include hotel staff, babysitters, dentists, vicars, scout masters and museum staff. I do not know where it would end.
We can already see it happening in other areas, which is why this clause and this debate are so important. The General Medical Council has suggested that open hearings should be replaced by private discussion between the GMC and a doctor intended to reach mutual agreement on,
“the measures necessary to protect the public without the need to refer the case to a public hearing”.
That would apply even in the most serious cases—possibly involving children—that end up in the suspension or removal of the doctor from the register.
It is not fanciful to see that unless we draw a strict line here, we will end up with a wide range of reporting restrictions fundamentally affecting the rights of children that, in effect, usher in a new age of secrecy and cover-up where crimes against children are concerned. As the noble Baroness has said, we interfere with media freedoms in this area at our peril, not because of their impact on the media but because of the impact on the justice system. That is why the groups of people covered by this legislation should not be extended but should be kept as tight as possible.
Finally, I know that my noble friend will speak to Amendment 75A, which is on a mandatory review of reporting restrictions. I am all in favour of a review of the efficacy of the legislation eventually passed in this area because I genuinely believe that it will prove to be unworkable, particularly with regard to issues to which we will turn in the next group. A review must be even-handed and must take evidence from all those involved; that is, the media, children’s charities, the police and so on. As I read it, the amendment seeks to direct such a review even before there is any evidence, which cannot be right. By all means, let us look at this again if this legislation reaches the statute book. I think that it will prove to be essential, but it needs to be a proper and independent review.
Baroness Hughes of Stretford
The noble Lord seems to be arguing against any reporting restrictions. Is he arguing against the inclusion of Clause 13 or for the Government’s case that this should be restricted to teachers? If so, given the nature of his arguments, how would he justify this for teachers and for teachers only?
Lord Black of Brentwood
My Lords, that is a very easy question to deal with. I am opposed to the inclusion of Clause 13 in its entirety. That was the basis of the remarks I made at Second Reading. However, I sensed the mood of the House on that day, and of your Lordships, that it is unlikely that the removal of Clause 13 will ever happen. These amendments, and amendments to which we will come subsequently, are meant to deal with the reality of the situation.
Baroness Jolly
My Lords, these Benches certainly welcome Clause 13. Our Amendment 75 extends Clause 13 to include sixth-form colleges and colleges of FE. In the interest of moving on, I shall not repeat most of the arguments already made, although I will add one point. As a result of the Woolf report, staff in colleges of FE will teach young people aged between 14 and 16 on vocational courses. This is to be applauded as CFEs are far better places to deliver vocational courses, but it means that, for the first time, much younger pupils will be in those colleges. They deserve the same level of protection as afforded by Clause 13. This provision adds a bit more meat to that.
Lord Knight of Weymouth
I shall speak briefly to this amendment and to this clause. I am motivated in large part by the speech made by the noble Lord, Lord Black of Brentwood. I wrestled with this subject as a Minister and came under a lot of pressure to bring in a clause such as Clause 13. My judgment at the time was that it would be a slippery slope—the slippery slope that has been described by the noble Lord—and that it would start to include an awful lot of people. The NSPCC put the argument very strongly that we should not go down the road in Clause 13 and that it would be better for children if we put pressure on the enforcement authorities to get on with it and bring cases to justice where there was a case to be put. I was pleased that we managed to get some agreement from the Association of Chief Police Officers to accelerate things. It will be interesting if the Minister has any information about whether that genuinely accelerated things or whether the Minister was just told that it accelerated things.
Probably that is where my instincts lie. A better way of dealing with things is that the police should not feed information to the press and that they should get on with prosecution if that is what needs to be done. Then the blight that can affect professionals in schools as a result of false allegations can be lifted very quickly because there is no doubt of the seriousness of the problem for some individuals.
However, if we are going to have Clause 13, I support the amendments put by the noble Baroness, Lady Hughes. If you are going to give this protection to people who work in schools, you need to give this protection to all people who work in schools. These days, we see support staff, in particular, doing a range of work. In a lot of cases, it is support staff who are doing one-to-one work in schools, not the higher-qualified person, who is left to deal with the majority.
If there is a case to be made for teachers, there has to be a case made for support staff. The noble Baroness, Lady Jolly, made a very strong case in respect of FE colleges, which are starting to educate under-16s. I suppose I am trying to be slightly consensual in saying that I understand and, in the end, kind of agree that I am sceptical about Clause 13 but, if we are going to do it, let us do it properly.
Baroness Howarth of Breckland
I had hoped to support the noble Lord, Lord Phillips of Sudbury, but I am not sure whether he is going to speak now or later. I shall add to what the noble Lord, Lord Knight, said because I, too, believe that this is a question of process rather than of principle. I have talked to the Minister about this before. If we could get the issues dealt with quickly, then we would be able to avoid having to have this kind of clause. I speak as someone who has not only dealt with many victims of abuse—I want to come on to that issue in a moment—but has also supported members of the social work profession who have been faced by unproven, unsubstantiated and quite serious allegations. Having been a director in a child abuse case, I understand all the shock and pain that brings when it happens. It is the same sort of emotion that you feel about not being responsible for what you are being accused of. It is a terrible time for the individual and their family, but if we can get this process speeded up, that pain will be lessened, and we can get on with it.
I agree with the noble Lord who pointed out that we should not deal with the principle in a different way because we have a process problem. The principle must surely be that when an allegation has been made, it must be transparently investigated. I say this because not only have I dealt with people who have been falsely accused, but I have dealt with more young people than most people in this room who have been abused and who have had to face the process themselves. It is a terrible time for the young people when there are delays because they are faced with having to keep their evidence in their mind, they are going to be cross-examined in disciplinary proceedings and if it goes further than that, they are going to find themselves in court. That is another reason for the process to be speeded up.
However, I think the legislation as it stands at the moment is unworkable. I say this because, particularly if you have a situation where there is residential care alongside education—and I declare an interest as a patron of Livability which has a number of schools with both on the premises—what if you have two people accused at the same time? Will one of them find themselves free from publicity and the other one be thrown to the wolves and to the press? Unless the Government think that through, we will have a series of totally untenable situations. I think it is especially difficult in the present climate to talk about not having transparency in these situations when the Government are allowing the press into the family justice system. There are very strong feelings among families that find themselves and their situation in the press, albeit anonymously, when they find that the teacher who they think has harmed their child is protected. We have all sorts of muddled principles developing.
If this legislation is passed, it will weaken safeguarding. One of the things I know from many situations involving young people is that when one speaks out, it gives a voice to others. We know that an individual child’s voice in a court or in disciplinary proceedings is a very small voice. We know that when other young people come forward because one person has been brave enough to do so, you have much more hope of getting your case together. Even then, those of us who work with young people before the court as victims know that you are very unlikely to get a conviction without a great deal of effort and support. You have much more hope of doing so if you have a number of young people. To those people who say that groups of children come forward to make these allegations, research will tell you that there are very few situations where a group of children comes forward and they all tell exactly the same story that cannot be seen through. The lawyers among us will know that. If you talk to children and young people, as I have done, if they are making up a fairy story, you get it in one. If they tell you the story is the true story, then it follows through.
Like the noble Lord, Lord Knight, I am concerned because it is very difficult for people who are faced with these allegations, but the unforeseen consequences of not making them transparent are huge, and I think we should continue to make sure that our children’s needs are paramount, not the adult’s needs.
Baroness Walmsley
My Lords, I normally find myself 100 per cent in agreement with the noble Baroness, Lady Howarth of Breckland. However, picking up the last point that she made, I am comforted by the fact that the legislation makes it possible for the police to apply to a court for the restriction to be set aside if they feel that publicising the name of the accused person will enable them better to make their case by encouraging other abused children to come forward. I trust the wisdom of the court in that situation.
As regards school staff, my noble friend Lord Storey has just pointed out to me that certain highly-qualified teaching support staff are allowed to be fully in charge of a class without a teacher being present for up to two days, so they are in exactly the same position as teachers. All these issues make it all the more important that the Government consider our Amendment 75A, which asks them to have another look at this measure a couple of years after it has been introduced to ensure that it is not protecting abusers or allowing the names of innocent people who have had allegations made against them to be dragged through the dirt in the press. I am sure that that is sufficient time to enable the Government to make a sensible decision about whether the measure goes too far or does not go far enough.
Baroness Howarth of Breckland
The difficulty about the police applying to a court is that they will not know that there are other issues on which to move forward if other children do not come forward. That is the problem. Children come forward because they know that something is happening. The police consider that situation, and then they apply to the court. If they do not have that information, they will not apply.
Lord Black of Brentwood
My Lords, I wish to deal with an important point in this regard. My noble friend rightly says that the court has the power to lift a restriction on an application, but the legislation directs the court to have specific regard to the,
“welfare of the person who is the subject of the allegation”.
That is a very dangerous measure. My noble friend Lord Phillips will be moving amendments on this matter in the next group, but it is not as straightforward as just going to the court, as the court could already have a predetermined view.
Lord Phillips of Sudbury
My Lords, I was going to keep my powder dry until the next group of amendments. However, I have a problem with Amendment 75A in that it seems to me to involve a one-way inquiry. If it were a case of the Secretary of State having to report to the Houses of Parliament on reporting restrictions, whether they be good or bad, effective or ineffective, I would be wholly behind it. However, it is a one-way ratchet; the Secretary of State can report only on whether to extend the restrictions.
Baroness Walmsley
I would be only too happy if the Minister were to say exactly that.
Lord Hill of Oareford
My Lords, I shall try to pull together some of the strands from this extremely good and thought-provoking debate. I fully accept that these are not simple issues. I recognise that the noble Baroness, Lady Howarth, approaches this matter from a slightly different point of view from the generality of the Committee, with her concern for the children involved, whereas generally there was acceptance of the principle that one needs to protect teachers in schools. However, the debate concerns whether one should extend that further. I recognise noble Lords’ concerns, some of which were raised by my noble friend Lord Black, which we shall discuss in more detail when we consider amendments in the next group in the name of my noble friend Lord Phillips.
I accept that the reporting restrictions introduced by the clause interfere with rights to freedom of expression. I think that the noble Baroness, Lady Hughes, made this point. I think all noble Lords agree that any such interference would need to be carefully targeted, proportionate and justified. Teachers already have legal remedies if they are the victims of libel and defamation, as we all do, but those remedies are available only once the damage is done. My noble friend Lord Black raised that point.
Baroness Howarth of Breckland
I am really sorry, but can I gently express my incredulity that we can say that teachers are in a different position from, say, care staff? Those care staff find themselves in a parental role with all the discipline and, often, the actual physical contact which that involves from all the aggro that you get when you are dealing with adolescents in the parental role—adolescents who have often failed to be contained in their own family. Are they in a less vulnerable position than teachers? I do not particularly want to extend this but I cannot see the logic at all of saying that this is a special position for teachers, because they are responsible for discipline in schools, when you have care staff in residential establishments— some of them very large residential schools—who in fact find themselves with even greater contact. I would like the Minister to look at that. I still do not understand how a teacher who may be in a residential institution and a care member of staff might both be accused of the same offence, yet one can be protected and the other cannot. I do not necessarily want the Minister to answer at this moment but I would really like him to take this away because it will make his legislation unworkable.
Lord Elton
Without going into the broader field just raised, would my noble friend perhaps look within the school confines, which is what he is addressing here? It seems to me that classroom support staff, who may spend two days at a time in sole charge of a class, are in a position so analogous to that of teachers that they could perhaps be separated from the remainder of the staff for the purposes of this legislation. I realise that, as they more rarely have sole responsibility for the children, they are less at risk but it seems that the risk, although less, is just as real and the damage could be just as great.
Baroness Howe of Idlicote
My Lords, the more I listen, the more I am sad that we did not have the amendment from the noble Lord, Lord Phillips of Sudbury, because that would have put things into a much clearer perspective. I have the gravest doubt the more I listen, frankly, and I agree more and more with my noble friend Lady Howarth.
Lord Lucas
I always find it very hard to agree with the Telegraph, so I have been having a terribly tough time over the last 15 minutes or so. Although I would say to the Telegraph and others, as they said of us, that they have brought it on themselves and that I have every sympathy for wanting to look after teachers, we have to produce legislation that is practical and that works. I cannot see how what we have in front of us works with Twitter, Facebook and the inevitable communication that there will be between parents and, particularly, pupils. You really cannot have a teacher hoicked out of school with these sort of allegations and not have it flying around on the net. The wording in front of us seems to seek to tackle this by criminalising the children and the parents who will be doing this. That is most unwise. The damage really only occurs when some newspaper picks up a story and eviscerates a teacher to entertain its readers. That is the evil; I do not believe that we should be trying to curb more than that.
Baroness Hughes of Stretford
My Lords, I thank everybody who has contributed to the debate. The weightiness of the contributions, whatever conclusion each noble Lord has come to, has exposed the dilemmas posed by the Government’s proposal. It will be difficult for the Government to hold the line.
I say with great respect to the Minister that he did not say anything about why the reporting restrictions should not also apply to school support staff, teachers in sixth forms and further education colleges and, as we have discussed, to a whole range of other people, some of whom work much more closely and in much more intimate situations with some very challenging young people than do teachers. As far as I understood the Minister, he gave two reasons for restricting the provision initially to teachers and targeting the provision on them.
First, the Minister argued that teachers had a lead role in discipline and that that placed them in a special situation. However, noble Lords have exposed the weakness of that argument. If a member of the school support staff can be in sole charge of a class for two days, they are going to have to apply discipline. Similarly, people in other situations who often deal with challenging youngsters will have to apply discipline. School support staff in the playground have to apply discipline, so I am not at all sure that it is right to justify this targeting by drawing a distinction between teachers and members of other professional groups inside and outside schools.
Secondly, the Minister acknowledged the dilemmas posed by the provision but argued that it should be focused narrowly and evaluated for three or five years to see whether it needed to be applied to other groups. The previous Government provided guidance to the Association of Chief Police Officers on what information they should release to regional newspapers and on measures to speed up the investigation process, as I and my noble friend Lord Knight mentioned. We have heard no evidence from the Government on the effectiveness of those measures or how they could be strengthened as an alternative to this legislation with all its problems.
The impact on people caught up in these situations is the same irrespective of whether they are school support staff or work in sixth forms or in FE. That is why the Government are introducing this measure in relation to teachers. I perfectly understand that the noble Baronesses, Lady Walmsley and Lady Jolly, are trying to find a compromise but you can reasonably argue that school support staff are much more likely than many teachers to live very close to an education establishment and are much more likely to be known by a very large number of people beyond the parents whose children go to the school. Therefore, the reporting of allegations which are later proven to be unfounded is likely to have a much more serious impact on them because it will be picked up by the local free paper and everybody will know about that—friends, relations, everybody. That has to be considered.
The noble Baroness, Lady Howarth, argued compellingly that the legislation will be unworkable as restrictions on the reporting of a case will apply to some members of staff but not to others even though the allegations may concern a similar incident. That could also apply to a school nurse running a clinic with a teacher present.
I argued before that when we pass legislation we ought to consider the evidence of the need for it, how it should apply and the principle. The principle that I referred to was that there should be parity before the law, which ought to apply equally to people faced with different situations. Clearly that will not be the case here. In so far as the Government have given us evidence, as far as I can see it is the same quality of evidence that we have in relation to teachers from the teaching unions as we have in relation to support staff and FE lecturers. We do not have a different quality or quantity of evidence supporting the case for targeting teachers.
I hesitate to say this because I do not want to appear divisive, but it is hard to avoid the conclusion that this is another populist proposal from the Secretary of State that is ill considered, unfair and will have serious implications for many individuals. The excellent debate today has exposed that. I concur with my noble friend Lord Knight and others; if we are to legislate to protect people in schools, we ought to do it properly. We have had an excellent debate. I have no doubt that we will return to this matter and beg leave to withdraw the amendment.
The Deputy Speaker (Lord Geddes)
It has been suggested to me—if noble Lords will excuse the possible pun—that, as a matter of convenience, this might be an appropriate moment to take a short break. The Grand Committee stands adjourned until 6.20 pm.
The Deputy Chairman of Committees (Lord Geddes)
My Lords, the Grand Committee will recommence. Before calling Amendment 73HA, I should advise that, following a request from the noble Lord, Lord Phillips of Sudbury, the question that Clause 13 should stand part of the Bill has been degrouped and, therefore, will be put separately after Amendment 73M.
Amendment 73HA
Lord Phillips of Sudbury
Lord Phillips of Sudbury
My Lords, I asked for the degrouping because this is already a long group of amendments, which is the nitty-gritty and I hope to cover them. That the clause should stand part is a separate debate, which touches on many of the things that noble Lords have said with regard to previous groups and I shall make no further reference to that now.
I put forward this group of amendments very much in a probing spirit. They are not perfect. This is a highly complex clause and I shall seek to explain the point of the amendments in turn. But I am mindful of the fact that, if Clause 13 goes through unamended, it will repose in the teaching profession a privilege unique in English law. As others have said, if this should apply to teachers, why not to many other groups? It is an argument which seems to me to be quite unanswerable. With great respect, I do not think that my noble friend Lord Hill answered it.
We have this debate on a very pregnant day. The other place has debated the latest extraordinary events in relation to phone tapping. Partly because of that, and because the public are so agitated about the conduct of certain sections of the press, it becomes doubly incumbent on us to keep a cool head. I suspect that we, more than any other group in the land, understand the absolute indispensability of a free and fearless press to the preservation of democracy, the rule of law and open justice. Furthermore, if we are frank, we will acknowledge that it was just such reporting, particularly, I have to say, on the part of the Telegraph, which exposed the expenses scandal in both Houses of Parliament. For that, we need to be a little humble.
I should declare my interests. For a decade, I was a proprietor of a newspaper and a trustee of the Scott Trust, which owns the Guardian, the Observer and a fleet of local papers. For 20 years, I was a governor of state comprehensive schools, one of them as a parent governor. My wife is a former teacher and is presently a governor of a state comprehensive school. I come to this subject with huge respect and sympathy for the teaching profession. I understand exactly what it is on about. I also understand a little about the difficulties of dealing with situations where juveniles are witnesses and complainants. Especially in the early part of my long legal career, I dealt with some of those cases and I understand the quite peculiar difficulties of them.
Diving straight into my amendments, many noble Lords will not understand that truth will be no defence against the criminal charge of identifying a teacher, even if he had in fact committed serious criminal offences against one or many pupils. The clause is clear that until and unless a teacher has been charged, which will often follow a long time after an arrest, no individual and no media outlet can say or do anything which would identify that teacher unless the parent, pupil or media have been to court and obtained consent to lift the restrictions. I am bound to say that in my experience the hurdles of going to court and making an application to lift restrictions are simply beyond the scope of a normal pupil or parent, quite apart from the expense of employing a lawyer to undertake that task.
The first amendment in this group to which I shall draw attention relates to new Section 141F(12). It defines what a publication is in respect of which a criminal charge can be brought against anyone identifying a teacher. It gives exceptions to publication, saying that an indictment shall not be a publication so as to bring on the prosecution for identification and so on. I have added, in Amendment 73HJ,
“a publication by or on behalf of a registered pupil at a relevant school made to a person or persons affected by the allegation or who otherwise has or have a bona fide interest in receiving the same”.
If I am the parent of little Johnny who comes back and says that Mr Smith has been doing this or that and I go to the headmaster and say that this is what little Johnny said, and then nothing happens—let us not kid ourselves, often nothing will happen—surely I must be free to go to other parents in little Johnny’s class and possibly to a wider group than that. If I were to do so, I would then be liable to criminal prosecution under the provisions of this section and that must be utterly daft because it would then be a publication to a section of the public. That phrase “a section of the public” has a rather legal meaning and I think I am right in saying that my writing round to, say, 50 other parents in the school would fall foul of that. So that is the first amendment I draw attention to.
What needs to be understood is that in some cases no charge will ever be brought, even though there has been a blatant case of assault or sexual interference. The most common reason for that is likely to be lack of sufficient evidence to satisfy the criminal test of beyond reasonable doubt. The younger the pupil, the more vulnerable they are, and the less confident, composed and convincing witnesses they tend to make. The CPS, in deciding whether or not to bring a prosecution, with all the substantial distress that that can bring to the child or young person, or to the witness and their family, will consider that a major factor and, as it thinks that the witness will not stand up, it may simply not prosecute. No charge may ever be brought. There can also be the problem that the evidence is not corroborated.
There is also a complication, which I need to spell out. If a charge is never laid, no publicity can ever be made, even if the case is a bad one, unless someone goes to court and gets the restrictions lifted. Another complication is that although allegations are supposed to be recorded, then reported and acted upon—your Lordships have heard about that several times—the temptation on the part of a head to deal with matters informally and quietly can be very strong, especially where the school is going through a rough patch and where further publicity could be devastating for it. In any event, teachers are human and, knowing the consequences to a valued colleague when certain, perhaps lower level, allegations are proceeded with, and if there is a bond between the teacher and the head, the rules are not always strictly followed. Does anyone think that they were in the Catholic schools, where, a few years ago, revelations came far too late to help the many boys who had been abused? The prep school that I had the misfortune to attend was presided over by a predatory, aggressive homosexual who abused boys on a daily and nightly basis for 12 years. Nothing ever came to light, nothing was published and no charge was brought.
Lord Lucas
My Lords, I can remember an occasion that illustrates my noble friend’s last amendment. Some boys went to a headmaster and asked if they could have a videotape to use for a project they were doing. He picked one off a shelf and gave it to them, and it was the evidence. People do put these things in the public domain by mistake. I particularly welcome my noble friend’s Amendment 73HJ. There has to be the right for pupils and parents directly affected by this to discuss things. It is the obvious way in which things will come forward. Anyway, it is going to happen. You cannot criminalise that sort of conversation within a school community about something that is happening within the school, so it has to be possible. It will be done on Twitter and on Facebook. These things will not spread. No teacher is Ryan Giggs. There is no national interest in the person’s name. They will remain in a little corner of the social media, of interest to pupils in the school and to the parents of the children, and that is where it will remain. No great harm will be done because, frankly, the school community knows already. I do not see any objection in the wider media carrying just a basic statement that so-and-so has been accused and has taken leave of absence from the school as a result. That is scarcely something that in that form is going to hit the national media, but it at least means that the basic facts that that has happened are, as they should be, a matter of public property.
Surely the evil we are trying to prevent is a newspaper aggressively trying to dig up information about a particular individual in order to make a story, which you might call a human interest story, for people who have never heard of this person and have no interest in him otherwise. It is just a composed story that might be about anybody, but it is immensely harmful to the teacher concerned. That is the sort of thing that we are trying to prevent. The fact that an allegation is made is there and is fact. It should surely not be hidden. We are not in super-injunction territory. I find my noble friend’s amendments very persuasive.
Lord Black of Brentwood
My Lords, I support the amendments tabled by my noble friend Lord Phillips and will speak also to Amendment 73M. Just for the sake of the record, I draw attention to the interests I declared earlier. I was very struck by what the noble Baroness, Lady Howarth, said earlier. She said that this clause as currently drafted is unworkable and that unworkable legislation simply brings the law into disrepute. My noble friend has just said that we are not in super-injunction territory, but I fear that, because of the impact of digital media, which I shall talk about in a moment or two, we will be in super-injunction territory at a sort of local level that will cast this legislation into that disrepute.
If we are to have legislation, at least let it be workable. I believe that the amendments tabled by the noble Lord, Lord Phillips, try to do that by importing into new Sections 141F and 141G the concept of the public domain and the public interest. The exclusion of any mention of the public interest in Clause 13, as it stands, is quite remarkable. I cannot think of any other legislation dealing with incursions into the freedom of the press and freedom of expression which do not have a public interest defence. That must be put right.
In my view, these amendments are crucial because the real problem with this clause—the unworkability factor—is that it takes no account of how allegations are spread and the damage that they can do to schools and to innocent teachers in the absence of responsible press reporting. As I said at Second Reading, my concern is that this legislation will simply drive innuendo and rumour underground and new Section 141F(12) will encourage that. Its definition of “publication” is designed to catch the media, which is not at the root of any mischief here, by tying it to material addressed to the public at large. That is the wrong target. The Minister in another place, Nick Gibb, made it clear that this legislation is not intended to capture private conversations, which include e-mail exchanges, texts, Facebook postings, Twitter and all sorts of other mechanisms. That is precisely where allegations and innuendo, which it seems to me that the Government want to be at the root of this legislation, will build up, now that Clause 13 makes it impossible for them to be dealt with in a responsible way in the press, which is constrained by the laws of libel and contempt. In a short space of time, the weight of individual private exchanges may mean that in a small school everyone knows when a teacher has been accused of something, but only the local newspaper will be unable to report it.
Lord Knight of Weymouth
The noble Lord makes a really powerful point. I am sure that this legislation was drafted before super-injunctions and before the Twitter activity around certain footballers whose names were disclosed and the mischievous and false rumours spread on Twitter about other celebrities and what they may or may not have been doing. Is that not all the more reason for the Government to look at this again?
Lord Black of Brentwood
I could not agree more with the noble Lord. It is a point that I would like to address. Who could imagine what would happen if rumour or innuendo, which turns out to be false, circulates at the school gate about a teacher. There may indeed have been an assault, but perhaps the wrong teacher has been accused in the diaspora of cyberspace, or perhaps, as the noble Baroness said earlier, two teachers have been named in allegations that have been pumping around parents. The only way for teachers to clear their names would be through responsible publication in a local newspaper. That would be in the public interest, and it would reflect the fact that the material is already, in effect, in the public domain because of digital media.
If this law is not to become the same sort of fiasco as the super-injunctions, those defences need to be put in here. I believe that the proposed amendments to this clause will act as a vital pressure gauge and allow accurate and fair reporting where the public interest demands. They will also help some of the massive legal uncertainty that flows from the definition of publication which, by experience, the courts, particularly the magistrates' courts, are not good at dealing with. Often these issues are beyond their competence.
These amendments also mirror exactly the terms of Section 12 of the Human Rights Act, which deals with interference in the European convention right to freedom of expression. That legislation directs a court to have particular regard to the extent to which,
“(i) the material has, or is about to, become available to the public; or
(ii) it is, or would be, in the public interest for the material to be published”.
This legislation, which is a substantial incursion into the convention right, should have exactly the same defences as the Human Rights Act, especially as it is certified to be in accordance with the terms of the Act, and these amendments seek to secure that.
Baroness Howarth of Breckland
My Lords, I shall speak extremely briefly as the noble Lord, Lord Black, has made a number of the points that I was going to make. I wish to make three points. First, given the debate that took place in the Commons, I seek reassurance that parents and children who share information between themselves will not fall foul of the provision regarding publication. That provision has dangers attached to it but also strengths because, if this legislation is passed, they will be able to share information and ascertain whether other children have been involved. That is crucial.
Secondly, I suspect that the Minister may say that as regards new Section 141F(5) and the protection of the person who is the subject of the allegation, the children concerned may be covered by the “interests of justice” provision. However, that needs to be made explicit because it will not be understood that the children are protected in the interests of justice when the Bill makes special mention of,
“the person who is the subject of the allegation”.
That is a serious flaw and goes against all the legislation put on the statute book from the Children Act 1989, which was introduced by the Conservatives and made children’s rights paramount, right through to the subsequent legislation introduced by the previous Government.
Thirdly, even if parents wanted to go to court, the present state of legal aid means that they would have no support through the legal aid system to enable them to put their case. Therefore, they are even less likely to do so than might have been the case previously, difficult as such a process is. I support the sensible amendments in the name of the noble Lord, Lord Phillips of Sudbury, and the arguments put forward by the noble Lord, Lord Black.
Baroness Walmsley
My Lords, I hope that my noble friend the Minister accepts that my noble friends are trying to help the Government produce a good piece of legislation and that he will consider the very thoughtful case made by my noble friend Lord Phillips. In an earlier debate, I said that I was somewhat comforted by the possibility that the police would be able to apply to the court for the restriction to be lifted. However, I take the point that my noble friend Lord Phillips and the noble Baroness, Lady Howarth, have made that the last few words of new Section 141F(5) skew the position of the court in the direction of the alleged perpetrator and not of the child. Personally, I think it would be a very good idea to take that out.
I am also very convinced by my noble friend's argument about inserting his proposed new paragraph (b)—in Amendment 73HH—into subsection (10) of proposed new Section 141F, so that the restriction could be lifted once the person has resigned or been sacked. I have had a great deal of evidence sent to me by campaigners against child abuse particularly, it has to be said, in relation to independent boarding schools, where of course the opportunities are greater. Very often, however, what my noble friend said is absolutely right: it does happen that it is in the school’s interest to sweep it under the carpet and quietly say, “You go away and resign and we will say no more about it”, because these schools are financial organisations and they will lose money if things get about that dreadful things have happened there.
We really have to be very careful if we are to pass legislation that might encourage that situation or protect those people because I am told that what happens is, yes, they go away from that school but they pop up somewhere else and carry on. I am sure that my noble friend the Minister is most concerned about safeguarding children and, secondly, concerned about innocent teachers who might have allegations maliciously made against them. We somehow have to find the right balance between those two things.
I would say one more thing about what the noble Lord, Lord Black, said. The Human Rights Act asks us to draw a balance between the rights of free speech and the right to privacy of the individual. We have to bear in mind that it is not all in the direction of free speech. The Act talks about the rights to privacy for the individual as well and there, again, we have to create the correct balance.
Baroness Howe of Idlicote
My Lords, when I spoke a little earlier, I was trying to say that I was sad that the two groupings had not been moulded together because it was very important to hear what the noble Lord, Lord Phillips, had to say before the Minister has the duty to reply. He now has that advantage but I was also impressed by what the noble Lord, Lord Knight, said previously about his own experience of looking at a similar approach to that which the Government are thinking about. In the end, for a number of reasons, they did not go down that path.
We have heard today of the disadvantage that it would be to some groups, if not to others, to say nothing of this sort of behaviour spreading around the country without anyone knowing what would happen if allegations are true and proved. I am afraid that we have had too many instances in the past of things coming to light much later on. We also know the damage that has been done to so many young people as they grow up. I very much look forward to what the Minister has to say because I hope that Members, obviously not just in this House but in the other House, will read carefully what has been said during this debate because it should have considerable influence, along with what the Minister will say to his colleagues in the other place.
Baroness Hughes of Stretford
First, my Lords, I thank the noble Lord, Lord Phillips, for giving me an annotated photocopy last week of his proposals because it enabled me to work my way through them and really think about them. Having done so, if we are to have legislation of this form then the amendments that he has put forward and the powerful arguments he has made from his own experience are compelling. However, I want to draw the Minister's attention to Amendment 73HB, which would delete that phrase in subsection (5) where the court, in thinking about “dispensing with the restrictions”, can have,
“regard to the welfare of the person who is the subject of the allegation”.
That was picked up by a number of Members here. In our debate on the previous group, we were concerned that the Government were considering teachers, and only teachers, and not other professional groups. For this phrase to be included in the legislation is so illuminating. It speaks volumes to me of the mindset with which the Government have approached this issue. Again, we see the Government thinking of only the teacher vis-à-vis, in this situation, the child. That is so disturbing and demonstrates their tunnel vision approach to this whole issue. I hope that they will take this whole matter away and think again.
Lord Hill of Oareford
My Lords, I know that my noble friend Lord Phillips is always helpful, as the noble Baroness, Lady Walmsley, said, because I benefited from his advice when I stumbled into this House last year on the Academies Bill. I was grateful for his help and advice on that, as I am sure I will be on this Bill. I know that my noble friend is always helpful.
The final point made by the noble Baroness, Lady Hughes of Stretford, implied that the Government care less about children than they do about teachers. She did not put it in those words but there was that sense in the way in which she described the mindset of wanting to think about teachers before thinking about children. I am sure that the noble Baroness accepts that in a whole range of other ways the Government are demonstrating their commitment to thinking about children. But we certainly want to make sure that the interests of teachers are taken fully into account and that, in making sure that absolutely the right balance is struck between the interests of the children and the interests of the teachers, the interests of the teachers weigh properly in the balance. That lies behind a whole range of measures we are taking where the Government feel that there are ways that one can demonstrate that support to teachers.
This group of amendments and our very good debate have echoes of the previous debate. My noble friend Lady Walmsley rightly makes the point about trying to strike a balance. We have tried to draft Clause 13 so that there is clarity about when reporting restrictions commence and when they are lifted. We are keen to try to keep that. The provisions are about protecting teachers, but I understand that there may be cases where there should be balance with other matters in the public interest and the courts will be required to strike that balance when considering dispensing with these restrictions.
We have had a fair discussion about Amendment 73HB and the suggestion that under the clause as drafted it looks as though the teacher’s welfare is represented as the overriding consideration. It is true that the provision requires the court explicitly to have regard to the likely effect of publication on the teacher. The interests of other parties will also be taken into consideration by the court when considering what is in the interests of justice. But I take the point made by the noble Baronesses, Lady Howarth and Lady Hughes, my noble friend Lord Phillips and others. I will try to rattle through some responses to some of his amendments because I hope that we can allay some of his concerns. But, clearly, with a couple of them, I should like to sit down with him and make sure that we have got the balance right in the drafting to make sure that we do not inadvertently open up some of the concerns that he raises.
Lord Lucas
My Lords, perhaps I may pick up on what my noble friend said about private conversations not being included. I entirely understand that, but I do not understand where the Government think the border is in modern social media between private and public. Does he agree that Twitter is at all times public but that Facebook is a pretty difficult area? Kids these days communicate over Facebook in the way that we use e-mail. Communication between children talking about a particular allegation and saying, “Has this happened to you?” or “Have you seen anything like that?” will take place in an environment that might be considered public even though the kids will see it in the same way that we see e-mail. Will the noble Lord say which bits of the social media are public and which are private for the purposes of the Bill?
Lord Hill of Oareford
I will have a go, and if I need to follow up subsequently, I will. We have made it clear that an offence is committed not only when somebody publishes an article or broadcasts a programme in the traditional media, but when somebody posts an allegation on the internet, even anonymously. I recognise, as the noble Lord pointed out, some of the practical challenges posed by investigating the source of allegations on the internet, with which we are all familiar: but that is the intent. It will not affect private conversations, including via e-mail or text. However, where such communications constitute a publication—this is the definition in the clause, which I am sure we can have some fun with—by being addressed to the public at large, or to any section of the public, we propose that reporting restrictions will apply.
Baroness Walmsley
Will a private letter from the parent of one child to the parent of another child in the class be regarded as a publication, or will that be private?
Lord Knight of Weymouth
The issue of Facebook is challenging, because it is possible to establish closed groups within Facebook, which people can join only if they are invited. You would not regard those as public because you are there only by invitation. However, once you are in the group, things can be said. Where would that sit?
Lord Hill of Oareford
I am not answering. I cannot respond to the speaker. We want to hear from the noble Lord, Lord Phillips.
Lord Phillips of Sudbury
My Lords, I am grateful to the Minister for his, as usual, careful and considerate reply. There are a lot of very difficult technical issues involved in that group of amendments. I welcome his invitation to talk about them outside this Committee Room, and I will certainly do that.
I want to refer to only one of his answers particularly, because I am wholly, as opposed to partly, unsatisfied by what he said as regards Amendment 73HJ. The Minister’s claim was that one could get a parent who wanted to start a vindictive campaign against a teacher. I think that is at the far end of speculative possibility, not least because a parent who did that would be in direct danger of libel proceedings by the teacher concerned. One might argue that teachers do not do that, but I have acted for a few people who have done that and have prospered from doing something to recover their reputations. Anyway, we shall talk about that when the time comes.
The only other thing I would say is that I am most grateful to the other Members of the Committee for their extremely wise and informative contributions to this mini debate and I note that not a single person opposed the amendments. No doubt the noble Lord, Lord Hill of Oareford, will sleep on that. I beg leave to withdraw the amendment.
Lord Phillips of Sudbury
My Lords, when I tabled the amendments to Clause 13, I thought that I would leave it at that. However, as I delved more deeply into the background to the clause, had conversations particularly with the National Association of Schoolmasters and Union of Women Teachers, and read carefully the 13th report of the Joint Committee on Human Rights, which was published on the 13 June, I became more and more concerned about the blatant lack of any satisfactory evidential base to support what is, on any reckoning, a very major change in the law of this land. It is the first time in our history that such privilege has been given to a protected group. I want, therefore, to test with the House a little further the whole notion of Clause 13 being removed from the Bill.
Many noble Lords have already said that it poses all sorts of technical and other problems. I noted that, in her opening on the previous group of amendments, the noble Baroness, Lady Hughes, expressed some concern about the whole position and about the whole of Clause 13. The noble Lord, Lord Knight of Weymouth, was clearly concerned. My noble friend Lord Black and the noble Baroness, Lady Howarth, were among a number of noble Lords who directly challenged the need for Clause 13 and several others who have hinted at it. So I hope that noble Lords will bear with me if I plod, as I have to, through the specifics of the factual base which the Government say justifies this novel provision, which, let us not forget, strikes at the heart of freedom of the press, law and order, and open justice.
My first point is that the JCHR report to which I have just referred put questions to the Secretary of State for Education. The 13th question was:
“In each of the last three years, how many examples is the Government aware of in which allegations against teachers have been made public before charge?”.
The Committee will appreciate that that is the very heart of Clause 13. Publicity after charge is unaffected by the Bill. It is still a highly complex subject, even after charge, but unless there is clear and voluminous evidence that criminal allegations against teachers have been made public before charge, I submit that there is no ground for Clause 13. What was the reply of the Secretary of State to this pregnant question? It was:
“The Department does not routinely collect this data”.
Baroness Perry of Southwark
At Second Reading, I quoted figures for the past 10 years from the department which showed that more than 1,700 allegations against teachers were made. If 85 per cent of them were not upheld, the figures do not support the argument that the noble Lord is making.
Lord Phillips of Sudbury
With great respect to the noble Baroness, I cannot agree. Perhaps that is because I am a hoary old lawyer and she, happily, is not. A 15 per cent conviction rate in respect of all the allegations made is a very high outcome. I will happily discuss this with the noble Baroness outside the Room. The ATL figures seem to me to be hopeless as a basis for bringing in this important reform.
The JCHR seems to be lacking in awareness of the balance of injustice and harm between pupils, particularly young ones, and their teachers when it comes to criminal allegations. We are in danger—and in the other place they are even more in danger—of expecting too much of the law. It is not the finely tuned truth machine that ideally we would like it to be. It never can be, given the machinations of mankind, despite the best efforts of our excellent judiciary. We do not talk about rough justice for nothing. That is why in criminal law we have a test of proof beyond reasonable doubt, rather than the lesser, civil test which is based on a balance of probabilities. The bias towards the accused is necessary to protect the innocent from conviction, which we as a society believe is much more important than convicting every guilty person.
We are not talking here about conviction or acquittal but about the freedom of the press to report, within the bounds of defamation, where criminal allegations are made, pre-charge, against teachers. We have to balance their vulnerability to unfair reporting against the undue sheltering of teachers, the interests of actual and potential victims and the interests of the public.
I turn finally and briefly to paragraph 112 of the June report of the JCHR, which states that,
“defamation proceedings offer no protection”,
to a teacher,
“where a report states that an allegation has been made”,
provided that it,
“does not assert that the allegation is true”.
The noble Lord, Lord Hill, referred to this in his earlier reply.
As one who has done a considerable amount of defamation work and overcome that defence put up by newspapers, I can only think that the committee is wrong when it says that libel proceedings offer no protection. The Reynolds case in 2001 and the Jameel case six years later prevent newspapers sheltering behind the defence of qualified privilege—or reportage, as it is called, in relation to a matter of public interest unless they comply with sensible tests. In the Jameel case, the noble and learned Lord, Lord Nicholls of Birkenhead, said that newspapers would not have a defence unless the report was responsible, fair, on a matter of public interest and in compliance with certain other tests, which would include the obligation to evaluate fairly and sensibly the basis of an allegation. They cannot simply recycle a verbal report of an allegation or something given to them by letter without checking. They have also to check with the person aggrieved, the teacher. They have to give the gist of both sides of the story and, importantly, they have to look at the whole tenor and pitch of the article. I hope that that is enough to show that teachers who are the subject of sensational, biased, unfair reports pre-charge have protection. One or more of the unions might make it their business to pick up a couple of test cases, which they could take and use to make their point. Believe me, that would reverberate around Fleet Street very quickly, as my noble friend Lord Black will confirm.
Teachers might also take up the invitation of the Press Complaints Commission—again the noble Lord, Lord Hill, referred to this—to report grievances in relation to pre-publication publicity. He rightly said that there had been none. But, as the JCHR report says, the notion that no complaints are made because it is a useless thing to do is simply not right. First, it costs nothing to make a report to the Press Complaints Commission. Secondly, it has very real powers over its newspaper members. It can and does make them publish retractions and apologies. So I do not agree with what it and my noble friend have asserted.
To summarise, I sincerely believe that the case for this most important of limitations on press freedom, albeit put forward with sincere concern for a most highly valued section of our community, is unsafe. Surely, the onus is on those who would restrict press freedom, especially to a single group and in a way never ventured before, to prove beyond reasonable doubt that such a change is unarguably essential. But, as I have endeavoured to show, the Government’s lack of direct relevant evidence as to the present extent of pre-charge publicity affecting teachers is all but total. It is that publicity, and that alone, which Clause 13 addresses. Not only is the need for the clause wholly unproven but it could and will unfairly disadvantage pupils and, in the worst cases, prevent teacher abuse ever seeing the light of day if a charge for whatever reason, and there are many, is never brought or if a school fails to bring disciplinary procedures against a teacher, and there are many reasons why that might be the case. Nor will truth be a defence, as I have indicated. For those main reasons, I propose that Clause 13 should not stand part of this Bill.
Baroness Hughes of Stretford
My Lords, I did not think that there would be anything for me to say on the clause stand part debate but I want to make one broad comment. When I opened the consideration of the first group of amendments, I introduced the criterion that one of the bases on which we should make a judgment about this matter is the basis of the evidence. In summing up that debate, I pointed out that the Government have not produced what the Minister said was important; namely, an evaluation of the impact of the current measures on reporting of pre-charge allegations against teachers. The whole Committee has to be very grateful to the noble Lord, Lord Phillips, who has researched this and has produced some figures today, which look remarkably small in terms of the incidence of pre-charge reporting of allegations against teachers.
Today, I will go no further than to say to the Minister that, at the very least, he has to come back to every Member of the Committee before Report with as definitive information and statistics as he can gather on the current incidence of the reporting of cases against teachers before charges are made and some evaluation of the quality of that evidence. One point that I should make to the noble Lord, Lord Phillips, is that I think that his figures are very compelling. I cannot make a judgment today on whether they are the total number of cases or not. It may not be possible to get that information, but the Committee, in deliberating further on Report, must have the best information that the Government can put forward on that matter and an evaluation of how robust that information is so that we can make a judgment.
Lord Black of Brentwood
My Lords, I will delay the Committee for just one minute. I originally raised these matters at Second Reading and I wanted to say a few words in support of the noble Lord, Lord Phillips, who has made a compelling and overpowering case. I am also mindful of the remarks that the noble Baroness, Lady Howarth, made earlier about the work of the NSPCC, Childline and others involved in this area.
During our debate in Committee on Monday, I was struck by something that the noble Lord, Lord Peston, said. He said that,
“the fact that these people are young children does not mean that they have no human rights. None of us would tolerate being treated in this way on anything else that we encountered as adults. Whatever was going on, and if we were doing something wrong, we would certainly expect to be dealt with with due process and the right of appeal against anything that was relevant”.—[Official Report, 4/7/11; col. GC 8.]
To sum up, my main concern with this clause is that what we are doing—this is the real mischief of this clause—is removing from vulnerable children the right that every other citizen in the country enjoys, which is to publicise a grievance or complaint. We should be very clear about that. We are saying to children—this is where the work of the NSPCC and others has been so important in previous years—“Unlike any other group in society, your complaints are treated as false until a charge is made”. I do not believe that that is what the Government want. I support the noble Lord, Lord Phillips.
Lord Hill of Oareford
My Lords, I will also be brief as we have already rehearsed many of the arguments this afternoon, so I will not detain the Committee for long. The noble Baroness, Lady Hughes of Stretford, referred to assembling the information that we have. We will, of course, do that although some of it is slightly harder to come by, given its nature.
We have moved a long way in the course of the afternoon—this often happens in your Lordships' House—from the views that have been expressed to us all by the unions and by teachers. Some of their figures as regards the scale of false allegations are so high that I do not believe them in the sense that this is the sort of story that people relate to other people and so it spreads. Like me, the noble Baroness will have seen survey research which shows that 50 per cent of teachers claim to know someone who has been the subject of false allegations. That seems to me a suspiciously high and precise figure. One should not suggest that there is not a problem that needs to be addressed or that a consequence of this measure is that child protection and safeguarding will be weakened.
I support the great British media but arguments have been adduced in relation to the crusading role of the media in child safeguarding issues. I can think of many cases where that is true but I can also think of many where the crusading purpose has been directed at increasing newspaper sales and producing salacious articles. We must be careful not to go too far in taking the moral high ground and taking our eyes off some of the practical issues which teachers and head teachers tell us that they face and fear. We should see this provision as part of a broader range of measures to try to make teachers feel that they have the backing of us all in their difficult job of maintaining order and discipline so that children can learn. One must not lose sight of that point.
My noble friend Lord Phillips quoted powerfully from the exchange between the JCHR and the Secretary of State. Paragraph 1.48 of the JCHR report states:
“However, we are satisfied that the evidence and justifications relied on by the Government are sufficient to justify the imposition of such reporting restrictions as a necessary and proportionate means of achieving the legitimate aim of protecting the reputation and rights of teachers and supporting teachers in their role as the professionals responsible for classroom discipline”.
It is worth recalling that the JCHR concluded that the evidence—not as complete as my noble friend would like—led it to that conclusion.
In the course of this afternoon, there have been forceful arguments in favour of extending the clause from the Benches opposite and from some of my noble friends. There has also been opposition to its current breadth. I am aware of the concerns. I would be happy to speak to my noble friend about the earlier issue and try to provide further reassurance. As I have said, we will bring forward the review of the impact of these provisions and we will continue to monitor closely the issues that have been raised.
I argue that these provisions would not enable a teacher to get off scot-free from wrongdoing. Safeguarding duties remain in place. The clause states simply that anonymity should remain in place until someone is charged. I have a difference of opinion with my noble friends Lord Phillips and Lord Black about the effectiveness as a practical act of recourse of the PCC or of a libel action. I understand the arguments of both noble Lords—one with great experience as a lawyer, the other with great experience of working with the press. In previous situations, people have always said, “There’s always the PCC”, or, “You can always bring a libel action”. I am afraid that I do not believe that the PCC is an effective protector of people, and I do not believe that bringing a libel action would be a practical course of action for a teacher who has had all kinds of awful things going on and their reputation traduced.
Those are the arguments in favour of the clause. I have listened to the points raised by noble Lords on all sides this afternoon. I will try to provide some more statistical information, which I hope will help the Committee. I will also reflect on the points that have been made. On that basis, I beg to move that Clause 13 stand part of the Bill.
Lord Phillips of Sudbury
As before, I am grateful to the Minister. I ask him to reflect on the statistics, as the noble Baroness, Lady Hughes, invited him to do. It is essential that the unions provide us with concrete examples of pre-charge newspaper reports of a salacious nature, because so far they have not produced one. The only reports they have produced have been four-line factual reports. They must produce pre-charge reports.
Finally, the noble Lord, Lord Hill, berated me—no, not that. He would not do that.
Lord Phillips of Sudbury
No, it would be slander. He very reasonably said, “Look at the end of the JCHR report where it exonerates the Government”. Indeed it does, but how it does is beyond my tiny brain to understand. I suspect that the committee was confused.
Baroness Stowell of Beeston
As a member of the Joint Committee on Human Rights, I feel that I ought to respond to that point. I am very sympathetic to the points that have been made, particularly by my noble friend Lord Black of Brentwood. It is my experience in the time that I have been on the committee that its conclusions are made very carefully, after a lot of very careful deliberation. I do not have any experience of the committee concluding in that way without being absolutely confident in its views. It is worth reinforcing that point.
Lord Phillips of Sudbury
I am grateful to the noble Baroness, and I would have been more cautious in my remarks had I known she was here. I think they are blinded by the numbers of allegations thrown around. Those tables are unscientific to an extraordinary extent. Let us remember that all we are interested in is pre-charge newspaper publicity. If the noble Baroness reads her long report, she will find no satisfactory evidence of that. If it is there, let us please have it. On that basis, I shut up.
Baroness Garden of Frognal
My Lords, this may be a convenient moment for the Committee to adjourn until Monday at 3.30 pm.
House of Lords
Office for Budget Responsibility
(12 years, 10 months ago)
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Lord Barnett
To ask Her Majesty’s Government what further discussions they have had with the Office for Budget Responsibility regarding their central growth forecast for 2011.
The Commercial Secretary to the Treasury (Lord Sassoon)
My Lords, there is a memorandum of understanding which sets out a framework for co-operation between the Office for Budgetary Responsibility and HM Treasury. It states that they are expected to meet regularly to scrutinise forecasting assumptions. The OBR will publish a list of contacts with Ministers, special advisers and their private offices shortly after each autumn and Budget forecast. All credible forecasters are clear that the UK economic recovery will continue. The OBR will publish a new economic forecast later this year.
Lord Barnett
My Lords, I thank the Minister. Paragraph 3.6 of the OBR’s economic and fiscal outlook states that,
“there is considerable uncertainty around all the forecast judgements we make”.
I know that the Chancellor cannot introduce a plan B because it would kill plan A. When the BBC last week gave him an alternative, the Chancellor said that “flexibility” was written into his plan. What does he mean by flexibility? Is it the Treasury’s special reserve? If so, can he remind us how much is in it and how much is left after expenditure on the MoD, Libya and other departments? Is that what he meant? If so, can he exceed it with the permission of the House of Commons? Therefore, is that a sort of plan B?
Lord Sassoon
I would love to be able to tell noble Lords what was in the mind of Robert Peston or whoever was being quoted, because it certainly was not the Chancellor. It was somebody interpreting the mind of the Chancellor.
Of course, there are certain ways in which there is flexibility within the numbers, because the automatic stabilisers operate as the economy fluctuates. In that sense there is flexibility, but I have no idea otherwise what that particular commentator had in mind. It certainly had nothing to do with use of the reserve.
Lord Higgins
My Lords, has my noble friend noted that the recent report of the IMF on the UK economy suggests that the Chancellor’s plan A, as the noble Lord referred to it, is on the right course? However, is not the growth forecast referred to in the Question none the less pretty disappointing? Is this not a reflection to a considerable extent of the slow rate of growth in the money supply? Given that that is so, is there not a case for considering a further extension of quantitative easing?
Lord Sassoon
My Lords, I am grateful to my noble friend for pointing out the IMF’s recent assessment that endorses the deficit reduction plan, as has the Governor of the Bank of England and just about every other commentator I can think of. That is the plan to which we stick. The third Question this afternoon is on matters related to the Monetary Policy Committee and maybe it would be better to talk about monetary matters then.
Lord Peston
My Lords, does the noble Lord look every month as I do at an admirable document published by his own department which is a survey of all the independent forecasts made every month by the leading forecasters in this country? Is he aware that their latest figures show that the economy will grow by 1.5 per cent this year, not exactly the greatest performance ever; it is predicted to grow by 2.1 per cent next year and the medium-term forecast is approximately 2.3 per cent for the three further years? Is he aware therefore that alleged independent Office for Budget Responsibility, in the document quoted with great approval in the Budget Statement this year, predicted that for the three medium-term years the economy would grow at 2.8 to 2.9 per cent? When will he or his right honourable colleague the Chancellor go back to this alleged Office for Budget Responsibility and ask it how it managed to get the three most important numbers it was talking about wrong?
Lord Sassoon
My Lords, I recognise the numbers that the noble Lord, Lord Peston, quotes from the excellent monthly publication that the Treasury produces averaging out the independent forecasts. The Office for Budget Responsibility last published a forecast in March. It is obliged to put out forecasts at least twice a year. We can look forward to another one in the autumn and we will see what it has to say then. As to the extraordinary charge of the alleged independence of the Office for Budget Responsibility, I was pleased to see, only within the past couple of weeks, that the noble Lord, Lord Burns, has been appointed as one of the first two non-executive members of the office, which is a sure sign that its independence is going to be very safely guarded.
Lord Jones of Birmingham
How on earth do this Government intend to meet their growth forecast if they do not rebalance the economy through a quality manufacturing strategy and if at the first whiff of gunshot they still buy German trains and not those made in Derby?
Lord Sassoon
My Lords, first, it is not our forecast. These are the forecasts of the independent Office for Budget Responsibility. Secondly, what is very heartening in the economy is the growth of manufacturing output and the growth of exports. Since last May, manufacturing output has been 4.2 per cent higher than in the same period in the previous year. Since last May, volumes of exports to the rest of the world have been nearly 13 per cent higher than in the same period a year earlier. The private sector has created 520,000 extra jobs in the past year and that is three-and-a-half times the number of jobs by which the public sector has contracted. I really do not think that noble Lords should get pessimistic. We always said that the recovery was going to be choppy but the manufacturing side of the economy is doing very well to rebalance, which is what the economy needs.
Lord Eatwell
My Lords, it is very helpful for the noble Lord to introduce the idea of rebalancing. Will he confirm that a vital component of the coalition’s policy to rebalance the economy is growth in business investment? Indeed, the OBR budget forecast contains a projected growth rate of 6.7 per cent for business investment. Will he confirm that latest figures show that business investment is not growing at all, but falling by more than 3 per cent a year?
Lord Sassoon
My Lords, I do not know where the noble Lord, Lord Eatwell, gets his figures from. Since last May, businesses have invested £91.4 billion across the economy and that is 9 per cent higher than in the same period in the previous year. That is very positive confirmation by business of what it sees as the prospects for this economy.
Prisoners: Voting
(12 years, 10 months ago)
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Lord Willoughby de Broke
To ask Her Majesty’s Government how they intend to respond to the ruling by the European Court of Human Rights in April that they should make proposals to grant prisoners the vote within six months of that ruling.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Government are considering the next steps and Parliament will be the first to be informed when the decisions on the way forward have been reached.
Lord Willoughby de Broke
My Lords, I am most grateful to the Minister for that helpful reply, but it does not take us very much further. In February this year, the other place voted by a majority of 212 against giving prisoners the vote, and during the passage of the EU Bill the Government made great play of the sovereignty of Parliament. Which body is actually sovereign? Is it the UK Parliament or the European Court of Human Rights?
Lord McNally
On the question of the commitments made last April, we have promised to make our position clear on 11 October. On the question of sovereignty, of course this Parliament remains sovereign. In many cases over the years, Britain has signed up to conventions and treaties as the will of Parliament, and that is still the case with regard to the European Convention on Human Rights.
Lord Maclennan of Rogart
My Lords, as the United Kingdom is a party to the European Convention on Human Rights, are we not bound to accept the jurisdiction of the court unless we seek to withdraw from it, which would hardly be in the interests of this country? However, if there is a widespread concern, not only in this country but in other countries, about the jurisprudence of the court, is it not more sensible to enter into discussions about possible amendments to the convention on human rights rather than its break-up and withdrawing from the jurisdiction of the court?
Lord McNally
One reassuring thing is that I am not aware of any party represented in this House that is looking for us either to withdraw from the convention or to see it break up. My noble friend is right: we are looking to see whether we can put forward a proper and sensible programme of reform for the court. My right honourable friend the Lord Chancellor spelled out our agenda, as it were, in a speech in Turkey a few months ago, and we will be taking that agenda forward when we take up the chairmanship of the Council of Europe in November.
Lord Anderson of Swansea
Does the Minister agree that while there may be a case for asking for an extension of time while awaiting the Grand Chamber judgment in the Scoppola case, which also involves prisoners’ rights, and a case for negotiating with the court on the broad margin of appreciation allowed in the Hirst case, there is no case whatever for defying the court, as a number of Members of the other place seem rather keen to do, particularly at a time when the UK will assume the chairmanship of the Council of Ministers in November? What sort of precedent would that give to defaulting members such as Turkey and Russia?
Lord McNally
The noble Lord makes the key point in all this. It looks rather macho to say that we are going to defy the court, but one of the real benefits of the convention over the past 60 years has been that it has levered up respect for human rights right across Europe and continues to do so. If I, any of my noble friends, or any member of the Opposition were to meet marginal observers of human rights and put pressure on them, our words would not carry much weight if they were able to say, “Well, when it got tough for you to accept the decisions, you did not accept them”.
Baroness Knight of Collingtree
My Lords, does my noble friend believe that it is fair and right that prisoners convicted of crimes should be allowed to vote, whereas Peers in this House are not?
Lord McNally
There is a saying, “You can tell a man who boozes by the company that he chooses”. I am well aware of the reasons why Peers cannot vote, because we already have a vote in Parliament. I do not think that that rules out the case for prisoner voting—it is an ongoing debate and the Government are studying the various issues. Another reason why the Government are continuing to have to study those issues is that there are changes in the court’s position. The Italian case that the noble Lord referred to means that again there is a slight change in the court’s view on these matters, which may change future actions.
Lord Tomlinson
The noble Lord speaks very clearly and enthusiastically about our responsibilities of adherence to the European Convention on Human Rights. Instead of concentrating so much on this micro case of prisoner voting, will he concentrate equally on the macro problem of making the court work? The biggest problem at the European Court of Human Rights is the backlog of cases—over 100,000 cases—and the real reason for the backlog is because the court is being starved of money by the members who have to finance it. Will he make sure that that problem is now seriously addressed so that the court can get on with its real work on the big scale?
Lord McNally
I am not sure I entirely agree that it is simply a lack of money or budget. I know that the noble Lord has made this point about the financing of the court before, but that is why my right honourable friend the Lord Chancellor has made this such an important part of our presidency of the Council of Europe; as the noble Lord says, any court that has a backlog of over 100,000 cases ain’t working. We are going to do our best, and we are gathering support for the idea of trying, to get some fundamental reform of the court.
Baroness Lister of Burtersett
My Lords, does the Minister agree that if we deny all prisoners one of the most basic rights of citizenship—that is, the vote—they are less likely to fulfil their responsibilities of citizenship on release?
Lord McNally
That is an opinion that, quite frankly, I share. Perhaps the noble Baroness could come down the Corridor with me and we will try to convince David Davis and Jack Straw.
Monetary Policy Committee
(12 years, 10 months ago)
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Lord Spicer
To ask Her Majesty’s Government whether they will maintain the inflation target as the primary criterion of the Monetary Policy Committee.
The Commercial Secretary to the Treasury (Lord Sassoon)
My Lords, the Bank of England Act 1998 states that the objectives of the Monetary Policy Committee of the Bank of England are to maintain price stability and, subject to that, to support the economic policy of the Government. The Chancellor reaffirmed in Budget 2011 that the MPC will continue to target 2 per cent inflation as defined by the 12-month increase in the consumer prices index.
Lord Spicer
I thank my noble friend for that Answer—and take it as a yes. In the light of that, what response are the Government giving to the stream of letters of apology from the Governor of the Bank of England for not meeting the inflation target?
Lord Sassoon
My Lords, it is part of the discipline of the way in which the Monetary Policy Committee operates that it is required to write letters to the Chancellor when inflation is outside the target range. The most recent exchange of letters was in May 2011, in which the Chancellor recognised the factors driving short-term inflation, including, particularly, the very high commodity prices. However, it is important to recognise that the MPC’s mandate enables it to look through short-term movements in prices towards a medium-term target.
Lord Myners
My Lords, as the Minister said, the Bank of England has two monetary policy objectives: to deliver the inflation target, currently set at 2 per cent, and to deliver growth—and to be accountable to the Treasury and Parliament for doing so. On which of those two objectives does the Minister think the governor and the Bank of England are doing best?
Lord Sassoon
I would always hesitate to hold up and criticise the characterisation of the Bank of England MPC’s target by the noble Lord, Lord Myners. However, as I have made clear, it has one primary target—to maintain price stability, with the target that I have already confirmed—and it is doing a fine job in extremely difficult circumstances, when oil prices are 40 per cent higher than they were at the end of last year and agricultural prices are 60 per cent higher than a year ago. Against that background the MPC is doing a fine job in very difficult conditions.
Lord Higgins
Having not got an answer on the first Question, I shall try again. Would my noble friend agree that much of the problem is that the present inflation is imported rather than domestically generated, and that needs to be taken into account in making these decisions? None the less, the MPC also has responsibility for growth. Given the low rate of growth, and the low rate of growth in money supply, is there not a further case for more quantitative easing?
Lord Sassoon
I apologise to my noble friend for cutting him off earlier, but I am glad that he has got in now. It is certainly a bit of a puzzle that there is continued weakness in broad money growth at a time when nominal GDP is growing. I am no macroeconomist, but when I look at the tables I see that, among other things, the velocity of the circulation of broad money is increasing. I cannot see behind me to see whether my noble friend is nodding, but I think he is, so I am all right on that one. Any question of additional quantitative easing or withdrawal of quantitative easing will be decisions for the MPC whenever it sees fit.
Lord Eatwell
My Lords, would the Minister agree that increases in commodity prices and oil prices affect the economy of France, Germany and the United States just as much as they do of Britain? Why then is Britain’s inflation rate more than twice that of France, twice that of Germany and significantly greater than that of the United States?
Lord Sassoon
My Lords, the really important thing here is that the inflation expectations remain very low. All the range of forecasters is predicting that inflation will come down to the range of 2 per cent to 2.1 per cent in 2012 and beyond. That is the critical challenge for the MPC, in which it has the market’s confidence, and that is what underpins the very low interest rates that we continue to enjoy. We suffer, inherited from the last Government, a deficit the size of Portugal’s, but we have interest rates at the level of Germany’s.
Lord Strathclyde
My Lords, we have time for both noble Lords. We can have the noble Lord, Lord Newby, and then the noble Lord, Lord Maples.
Lord Newby
My Lords, does the noble Lord agree that at a time when real incomes are falling, if the Bank of England Monetary Policy Committee were to raise interest rates now the principal effect would simply be to reduce growth and increase unemployment?
Lord Stern of Brentford
Would the Minister agree that we are fortunate that the Bank of England has taken account of the fragility of output and employment in the UK economy, and will he assure us that the Government will also take account of that fragility in setting their own policy?
Lord Sassoon
My Lords, I can confirm the first part of what the noble Lord, Lord Stern, says. What the Government will do is to stick to a very firm, clear deficit reduction plan as the background against which the Monetary Policy Committee can make its decisions with confidence.
Lord Maples
My Lords, consumer price inflation is only one measure of inflation. May I suggest that if in the run-up to the crash the Monetary Policy Committee had been looking at asset price inflation—
Lord Strathclyde
My Lords, there are two noble Lords trying to speak. We are on 22 minutes and perhaps we should go on to the next Question.
Overseas Aid: Famine Relief
(12 years, 10 months ago)
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Baroness Tonge
To ask Her Majesty’s Government what plans they have to provide famine relief to the people of Ethiopia, Uganda, Somalia and Kenya.
Baroness Verma
My Lords, my noble friend Lady Tonge will be pleased to know that on 3 July the Government announced significant funding for the World Food Programme to help feed 1.3 million people in Ethiopia. The UK is the second largest bilateral donor in Ethiopia. Additional responses are rapidly being prepared for Somalia and Kenya, and we are closely monitoring the situation in Uganda. We are vigorously pressing other donors to play their part in helping to prevent a major catastrophe.
Baroness Tonge
I thank the noble Baroness for that response. Is she aware that the population of the four countries currently threatened by famine has grown from 41 million in 1960 to 167 million now and that it is still rising fast? This huge rise is unsustainable and makes populations more vulnerable than ever to drought and crop failures. Will she now repeat the Government’s pledges to give more money to maternal health and, in particular, ensure that when we deliver food aid to starving populations we should also deliver contraceptive supplies and health education to try to ensure that the children whose lives we save today will not be bringing their children to the feeding centres in 10 or 20 years’ time?
Baroness Verma
My Lords, my noble friend is aware that the DfID programmes are concentrating on ensuring that maternal and reproductive health is at the centre of all our programmes. Of course, the noble Baroness is right that the populations in these particularly poor countries are growing far more rapidly than those in more developed countries. However, it is through education and supporting women to get better healthcare that we will be able to address this problem.
Lord Judd
My Lords, I declare an interest as a former director of Oxfam. Does the Minister agree that in their welcome response to this terrible crisis the Government must take care to ensure that, in the distribution of assistance, they do not inadvertently undermine sustainability in the area and that this will be done sensitively, in a way that enables people to build their lives again and build their sustainability? Is it not very important to co-operate with the NGOs, with all their insight into the situation, in achieving this?
Baroness Verma
The noble Lord is right. We have to work on a long-term plan, but we also have to react and respond to the crisis at the moment. The noble Lord will be aware that we have just had a review of the way we distribute humanitarian aid and we want to build on the recommendations of my noble friend Lord Ashdown so that there is resilience in the system as well as responding in the short term.
Lord Patel
My Lords, on the basis that famines do not occur overnight and that conditions exist for some time before the crisis develops, would it not be better if the Government were able to have some plans that they could put into action in order to be ahead of the curve, so that the effects of the famine, or other crisis, could be mitigated?
Baroness Verma
The noble Lord, Lord Patel, is right. Following on from the previous question, it is about ensuring that we have warning systems in place. We are also working hard to build long-term resilience by providing assistance on how to develop economic growth and by ensuring that populations are better educated in healthcare in order to be able to respond to the needs themselves.
Baroness Trumpington
Is the Minister aware of the proportion given by neighbouring African countries, such as Nigeria and Zimbabwe, to the total needed to help prevent this famine continuing?
Baroness Verma
My noble friend raises an important question. While we are world leaders, we are pressing Governments, not just from developed donor countries, but also from regional donor countries, to ensure that they are playing their part in responding to this crisis.
Baroness Kinnock of Holyhead
Will the Minister comment on the fact that we knew full well that the Horn of Africa was experiencing the driest year in six decades and the worst regional food crisis in this century, so it need not have been such a surprise to donors? Does she agree that, yet again, the response to what is clearly a desperately serious food crisis has come too late—indeed, only after disaster has struck and thousands of desperate people have been forced to seek food and refuge in refugee camps?
Baroness Verma
The noble Baroness is right: this was forecast. However, we in the UK are playing our part and pressing other donor countries to play theirs. We know that there is a shortfall and we are pressing other Governments to ensure that they respond. We are working very hard with agencies across the globe. Ultimately, it is about ensuring that we are putting long-term resilience plans into place, which take time to build up. At the same time, we will press for short-term responses from other Governments.
Lord Avebury
My Lords, my noble friend talked about the encouragement of other donor agencies. I am sure that she is aware that the Disasters Emergency Committee is still in discussion with the member agencies on whether the catastrophe meets its appeal criteria, although some of its member agencies such as Oxfam and Save the Children have already issued separate appeals. What can my noble friend and the Government do to encourage wider and more effective co-ordination of the voluntary agencies in responding to this and future disasters? In particular, will they encourage wider co-operation between our agencies and those of the Irish Government?
Baroness Verma
My noble friend is right: we need to have better co-ordination. We are working closely with the noble Baroness, Lady Amos. Ultimately, this is about us showing our leadership and pressing other donor countries and organisations to join in the response to this urgent crisis.
The Earl of Sandwich
Will the Minister confirm that, while the aid budget is ring-fenced, there are going to be cuts in the administration of our aid? How will these impact on the emergency services? Will they be protected?
Baroness Verma
I assure the noble Earl that we are looking at cutbacks only in back-office work. Our aid effectiveness will not be affected; in fact, we will be able to deliver better because it will be more focused on results. How we deliver our aid will be at the heart of what we are doing.
Finance (No. 3) Bill
Draft House of Lords Reform Bill
The Chairman of Committees
That the Commons message of 23 June be considered and that a Committee of thirteen Lords be appointed to join with the Committee appointed by the Commons to consider and report on the draft House of Lords Reform Bill presented to both Houses on 17 May (Cm 8077) and that the Committee should report on the draft Bill by 29 February 2012;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
B Andrews, L Hennessy of Nympsfield, L Bishop of Leicester, L Norton of Louth, L Richard, L Rooker, B Scott of Needham Market, B Shephard of Northwold, B Symons of Vernham Dean, L Trefgarne, L Trimble, L Tyler, B Young of Hornsey.
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the Committee have power to adjourn from place to place within the United Kingdom;
That the reports of the Committee from time to time shall be printed, regardless of any adjournment of the House; and
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
Lord Williamson of Horton
My Lords, I welcome the selection of members for the Joint Committee, and I wish the noble Lord, Lord Richard, and his colleagues godspeed—but of course not too much speed—in the completion of their report.
The Joint Committee’s remit is very wide because the draft Bill itself has a very wide scope, covering composition, functions and the efficiency of the House. However, I suggest that in looking at the draft Bill the committee might also look at the issues raised by the Bill presented by the noble Lord, Lord Steel of Aikwood, because they, too, would improve the efficiency of the House. The noble Lord the Chairman of Committees and the noble Lord the Leader of the House will not be surprised by this comment, because the Steel Bill has the character of the legendary phoenix—when the blaze dies down, the Steel Bill arises alive and well from the ashes.
Lord Steel of Aikwood
My Lords, I would like to speak to the line in the resolution that invites the committee to send for a person’s papers and records. If one reads the report of the two-day debate that we had in this House plus the day’s debate in the Commons, it is obvious that there are five major issues with which the committee is going to have to grapple. These are, first, the question of whether it is to be 80 per cent or 100 per cent elected, and a subsidiary to that is the role of the Bishops’ Bench; secondly, what the election system is to be, as two are outlined in the White Paper but there are others; thirdly, whether the suggested 15-year term is correct, as it was heavily criticised in debate in the other place by supporters of the Bill; fourthly, how the transition from the appointed House to the elected House is to be managed; and, fifthly, perhaps most important of all, what the concordats are to be between the two elected Houses—how will disputes be resolved and what has been the experience of other dual legislatures in that matter? I have enormous respect for the noble Lord, Lord Richard. I have known him in all his previous incarnations, and think he is a man of great wisdom and experience. But, frankly, he is not a magician. To expect a committee of 26 to deal with these five major issues, plus the four housekeeping matters in the Private Members’ Bill that I have been promoting, seems to me impossible to achieve by the date of February which is set out in the resolution. I see that the noble Lord is agreeing with me.
For that reason, I hope that the Committee will seek to send for two papers, which I want to quote. The first is the report from the committee of the noble Lord, Lord Hunt of Wirral, which has already been debated in this House. Perhaps I may quote two passages from it. Paragraph 47 states:
“We recommend that a reduction in the number of members of the House should result in an overall saving to the taxpayer. We recommend that the possibility of offering a modest pension, or payment on retirement, to those who have played an active part in the work of the House over a number of years, should be investigated in detail, though on condition that this should come from within the existing budget for the House and should incur no additional public expenditure”.
The committee earlier said at paragraph 46:
“We are attracted by this ‘value for money’ argument and think it likely that, with appropriate actuarial and accountancy input, it would be possible to identify the potential saving to the public purse which could be achieved if the membership of the House were to be reduced significantly without delay”.
I repeat, “without delay”.
The other paper which I hope the committee may send for is the seventh report of the House of Commons Constitutional Reform Committee. Again, perhaps I may quote two passages. First, that,
“those proposing radical reform need also to address other incremental, urgent reforms that would improve the functioning of the existing House of Lords. A Government committed to radical reform in the medium term should see and portray short-term incremental reform as preparatory and complementary to its programme”.
Secondly, that,
“the current, effectively untrammelled, process for making party-political appointments to the House of Lords, coupled with the lack of any mechanism for Members to leave the upper House, threatens that House’s effective functioning in the shorter term … This is a pressing issue that cannot wait four years to be resolved”.
I suggest that the Joint Committee should look at these two reports. If it does, it would be fully justified in batting this issue back to the Government, and saying, “You have ignored these two reports. This cannot go on. The House is becoming impatient. You should get on with it, and leave us to deal with these five fundamental issues concerning the creation of an elected House, which is quite a separate matter”.
Lord Grenfell
I, too, welcome the composition of the committee: it is a very good choice of Lords’ members. With regard to the coalition Government’s attitude towards this process, I am inclined to Voltaire’s view that common sense is sometimes very uncommon. The Deputy Prime Minister has recently been saying that he wants to incorporate into the legislation much of what is in the Steel Bill. How does that square with what the noble Lord, Lord Williamson of Horton, said, in issuing his Augustinian warning that speed should not be too speedy? If we follow those two courses, the excellent recommendations in the Bill of the noble Lord, Lord Steel, will not be incorporated until some very distant time, when possibly the legislation might become an Act of Parliament. I feel that the coalition is looking a gift horse in the mouth. This gift horse actually has extremely good teeth, and they should buy it. If we have to wait until legislation is passed, which may be a very long time indeed, we miss out on the possibility of instituting the extremely important, sensible and needed reforms that are recommended as an interim measure in the Steel Bill.
Lord Cormack
My Lords, I endorse what has been said and refer to one other passage in the resolution before us, which says that,
“the Committee have power to appoint specialist advisers”.
The noble Lord, Lord Richard, is indeed a sagacious man, and he has an excellent but very large committee. I suggest that the committee looks at the existing powers of your Lordships’ House and commissions a study to find out how far those powers have not been used by your Lordships’ House acting in a spirit of restraint. Only yesterday, my noble friend the Leader of the House asked for 14 Motions to be approved en bloc. It was pointed out on the Order Paper, as it is every time we have such a Motion before us, that all those things could be individually debated. Could an elected House not debate them at great length? Could an elected House, in conflict with the other elected House and in disagreement with the Government of the day, not cause absolute chaos by exercising the powers that we currently have but do not exercise? I ask the committee to look at just how far your Lordships’ House has exercised self-restraint in recent years, and at what would be the consequence if all the things that we could debate were debated, often at great length, and voted on. This is entirely relevant to the committee’s discussions. Since it has the power to send for people and papers, and to appoint advisers, I ask that this be considered.
My only other point is that the committee appears to have carte blanche to travel around the United Kingdom. I wish it well in its travels, which I hope will be lengthy and enjoyable. However, if the committee is to look at the effect of elected second Chambers, would it not be appropriate for it also to do some foreign research?
Lord Elton
My Lords, I welcome the names on the list, wish them every fortune in their work and accept that a central issue is the balance between the two Houses. I ask that the members, and those members of the other half of the Joint Committee who are to be appointed from the other House, recognise that the principal question here is not about the balance between the Houses but about the ability of Parliament to maintain oversight of central government; and that this is, perhaps, a closing stage in the 700-year campaign of government to achieve control of Parliament.
The Chairman of Committees (Lord Brabazon of Tara)
This Motion follows the decision of the House on 7 June to establish a Joint Committee to consider a report on the draft House of Lords Reform Bill. The Committee of Selection published a report on 17 June, proposing the names of those to be appointed. This Motion, if agreed, would appoint those Members named in the report. The Motion also confers a number of powers on the Joint Committee, which are the set of powers usually granted to Joint Committees. The list of names, which I am very proud to put forward, is admirable and I would be extremely surprised if the committee did not take into account all the points made by noble Lords in this short debate.
As for the point of the noble Lord, Lord Cormack, about the committee travelling abroad, the powers to which I hope the House will shortly agree do not allow for that at the moment. However, if the committee said that it wanted to travel abroad, I am sure we would agree to that.
This is a fairly minor Motion to appoint a very good committee, and one that the House has had the opportunity to look at for at least the past week. I commend it to the House.
Ministerial and other Salaries Act 1975 (Amendment) Order 2011
(12 years, 10 months ago)
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Baroness Verma
That the draft order laid before the House on 21 March be approved.
Relevant document: 19th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 5 July.
Wreck Removal Convention Bill
Afghanistan
(12 years, 10 months ago)
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The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
My Lords, I would now like to make a Statement that was made earlier today by the Prime Minister in another place about his recent visit to Afghanistan.
“With permission, Mr Speaker, I would like to make a Statement on Afghanistan. From the outset, this Government have sought to take a more hard-headed, more security-based approach to our mission. As I have said, we are not there to build a perfect democracy, still less a model society. Yes, we will help with the establishment of democratic institutions. Yes, we can improve infrastructure, develop education and encourage development. But we are in Afghanistan for one overriding reason: to ensure our own national security by helping the Afghans take control of theirs. This means building up the Afghan security forces so we can draw down British combat forces, with the Afghans themselves able to prevent al-Qaeda from returning and posing a threat to us and to our allies around the world.
This is particularly poignant today on the eve of the sixth anniversary of 7/7—an attack that was inspired by al-Qaeda and executed by extremists following the same perverted ideology that underpinned the September 11 attack in 2001. Three hundred and seventy-five British service men and women have died fighting in Afghanistan to help to strengthen that country and to keep Britain safe from another 9/11 or 7/7. Thousands more—including many civilians—have risked their lives, and hundreds have been injured fighting for the security of our nation. They have been part of an international coalition involving 48 countries with a specific UN mandate, working at the invitation of a democratically elected Government. Though there have been many, many difficult times, we should be clear about what has been achieved.
In 2009, my predecessor as Prime Minister told this House that some three-quarters of the most serious terrorist plots against Britain had links to Afghanistan and Pakistan. We must always be on guard, but I am advised that this figure is now significantly reduced. International forces have been bearing down on al-Qaeda and its former hosts, the Taliban, in both Pakistan and Afghanistan. In Pakistan, Osama bin Laden has been killed and al-Qaeda significantly weakened. In Afghanistan, British and international forces have driven al-Qaeda from its bases. While it is too early to tell for certain, initial evidence suggests that we have halted the momentum of the Taliban insurgency in its heartland in Helmand province.
We are now entering a new phase, in which the Afghan forces will do more of the fighting and patrolling, and our forces more training and mentoring. As President Obama said in his address last month, the mission is changing from ‘combat to support’. When we arrived, there was no one to hand over to—no proper army, no police force. In many places across the country, the Afghan national security forces now stand ready to begin the process of taking over security responsibility.
Success in Afghanistan requires a number of critical steps. The first is making sure that the Afghan security forces are able to secure their own territory. I know there have been well known problems, especially with the Afghan police, but there has been real progress in the last two years. General Petraeus went out of his way to praise the recent performance of Afghan forces in a number of complex and dangerous operations. The Afghan forces are growing rapidly. They are ahead of schedule to meet the current target of 171,600 Afghan army and 134,000 Afghan police by the end of October this year. They are now deploying informed units and carrying out their own operations. There have been some real successes.
The Afghan national security forces have prevented insurgents from reaching many of their targets. And just eight days ago, when a major hotel was attacked in Kabul, the Afghan forces dealt with the situation. This was a major, sophisticated attack. The Afghan forces dealt with it professionally and speedily, only calling in assistance from a NATO helicopter to deal with insurgents on the roof. As General Petraeus stressed to me, the Afghan forces acquitted themselves very well. It is this growing strength and capability which will allow us over time to hand over control of security to the Afghan forces and draw down our own numbers.
We remain committed to the objective shared by President Karzai and the whole of NATO that the Afghans should assume lead security responsibility across the country as a whole by the end of 2014. Last month President Obama announced that the US will withdraw 10,000 of its forces from Afghanistan by the end of the year and will complete the removal of the US surge of 33,000 by the end of the summer of next year. At the time of the US surge, the UK increased its core force levels by an extra 500.
For our part, I have already said that we will withdraw 426 UK military personnel by February 2012. Today I can announce that the UK will be able to reduce its force levels by a further 500—from 9,500 to 9,000 by the end of 2012. This decision has been agreed by the National Security Council on the advice of our military commanders. These reductions reflect the progress that is being made in building up the ANSF. Indeed, it is worth noting that for every US soldier who leaves as the surge is removed, two Afghans will take their place.
This marks the start of a process which will ensure that by the end of 2014 there will not be anything like the number of British troops there as there are now, and they will not be serving in a combat role. This is the commitment I have made, and that is the commitment we will stick to.
Having taken such a huge share of the burden and having performed so magnificently for a decade now, the country needs to know that there is an end point to the level of our current commitment and to our combat operations. This decision is not only right for Britain; it is right for Afghanistan too. It has given the Afghans a clear deadline against which to plan, and has injected a sense of urgency into their efforts.
While there is a clear end-point to our military combat role after 2014, the UK will continue to have a major, strategic relationship with Afghanistan—a development relationship, a diplomatic relationship and a trade relationship. Above all, we have a vital national security interest in preventing Afghanistan from once again becoming a safe haven for international terrorism.
So although our forces will no longer be present in a combat role, we will have a continuing military relationship. We will continue to train the Afghan security forces. In Afghanistan I announced plans for a new officer training academy. This was something President Karzai specifically asked me for; and I am proud that Britain is able to deliver it. We intend to lead the academy from 2013, in addition to maintaining our current role in the officer candidate school, which is due to merge with the academy in 2017.
So we will continue our efforts to help Afghanistan build a viable state. But our support cannot be unconditional. In my meeting with President Karzai, I made clear the Afghan Government’s responsibility to ensure that British taxpayers’ money is spent well and spent wisely. I emphasised to President Karzai just how important it is that he personally grips the problems around Kabul Bank and the need for a new IMF programme. I also urged him to support due democratic process and tackle corruption. And I made it very clear that while Britain wants to stand by Afghanistan beyond the end of our combat mission, we will only do so on the basis that Afghanistan must help itself too.
Almost all insurgencies have ended with a combination of military pressure and political settlement. There is no reason why Afghanistan should prove any different.
As we strengthen the Afghan Government and security forces, so we will also back President Karzai’s efforts to work towards an Afghan-led political settlement. The death of bin Laden presents the Taliban with a moment of real choice. Al-Qaeda is weakened; its leader is dead. Last month the UN adopted two separate sanctions regimes, creating a clear distinction that separates the Taliban from al-Qaeda. Local peace councils have now been established in almost all Afghanistan’s provinces. These have already allowed more than 1,800 people from 17 provinces to be enrolled on the scheme for reintegration. So we should take this opportunity to send a clear message to the Taliban: now is the time to break decisively from al-Qaeda and to participate in a peaceful political process.
In this task, we need Pakistan’s assistance. As I discussed with President Zardari last week, this is now as much in Pakistan’s interests as Britain’s or Afghanistan’s, as the Taliban poses a mortal threat to the state of Pakistan as well.
There is no reason why Afghanistan should be destined to remain a broken country. It has abundant mineral wealth, fertile agricultural land and stands at the crossroads of Asia’s great trading highway. It has succeeded in the past, when not wracked by conflict.
Afghanistan still has many challenges ahead. There are real security issues and a lack of government capacity. But 10 years ago Afghanistan was in the grip of a regime that banned young girls from schools, hanged people in football stadiums for minor misdemeanours and banished radios and any form of entertainment, all the while incubating the terrorists who struck on 9/11 and elsewhere. For all its imperfections, Afghanistan has come a long way.
Today, Afghanistan is no longer a haven for global terror; its economy is growing; it has a parliament, a developing legal system, provincial and district governors and the basic building blocks of what could be a successful democracy. In Helmand province—which, we should remember, with Kandahar was a stronghold of the Taliban and the insurgency—there is now a growing economy, falling poppy cultivation and many more effective district governors. The fact that President Karzai has been able to choose Lashkar Gar as one of the areas to include in the first phase of transition is a sign of the transformation that we have helped to bring about there.
As we enter this new phase of transition, I am sure the whole House will want to join me in paying tribute to our service men and women who have made such incredible sacrifices to protect our national security. While we have been going about our daily lives they have been are out there, day and night, fighting in the heat and the dust, giving up the things that we all take for granted. That is the true character of the British Army, and it is why we are so incredibly proud of all our forces and the families who support them, and so grateful for everything that they do for us. I commend the Statement to the House”.
My Lords, that concludes the Statement.
Baroness Royall of Blaisdon
My Lords, as we prepare to remember the victims of the attacks of 7/7 tomorrow, we are all reminded of why we are engaged in Afghanistan—to secure our security at home. That is why we on this side of the House continue to support our forces in Afghanistan. We will also continue to support the intention to end the British combat role in Afghanistan by the end of 2014. It is right that we make clear to the Afghan Government and their security forces that they need to step up and take responsibility for the future of their country. It is also right that we make clear to the Afghan people, and indeed the British people, that this is not a war without end. This year and next we must maintain the combination of military pressure, the accelerated build-up of the Afghan security forces and the work on basic governance and justice. So we support the Government’s plan to maintain British troop levels above 9,000, as they have been for the last two years, for this fighting season and the next. We will give our forces the best chance to consolidate the situation before the process of transition to Afghan control starts to accelerate in late 2012 and 2013, when our forces can start to come home in greater numbers.
Can the Leader of the House assure your Lordships that if our reductions go slower than those of other countries, particularly the Americans, that will not cause British forces to take on a disproportionate share of the burden in Helmand? Can the Government ensure that detailed plans for troop drawdown will always be based on military advice and on conditions on the ground?
We ask our troops to do a difficult job in testing circumstances, so can the Leader also assure the House that our Armed Forces will continue to receive all the equipment that they need in the months ahead, including the 12 Chinooks which the Prime Minister promised but for which the order has yet to be placed?
The bravery and professionalism of our Armed Forces deserves to be given the best chance of success. That will be realised only if we also see political progress in Afghanistan. We believe that just as important as the Americans’ decision on troop numbers and military strategy is their decision to start talks with the Taliban representatives who are ready to renounce violence. It is right that those talks have been started in parallel with the military effort, and it is encouraging that both Pakistan and India are taking a more positive attitude to the process, but these are still talks about talks, and much work needs to be done between now and the Bonn conference in December if we are to make the most of that crucial opportunity.
Will the Government press the UN urgently to appoint a senior figure, preferably from the Muslim world, empowered by the Security Council to mediate between the Afghan Government, ISAF and the Taliban? Such a figure could also help to secure the commitment of the countries in the region to supporting a new political settlement reflecting their shared long-term interest in a stable Afghanistan.
Although it must remain a red line that the Taliban and others must commit to a peaceful political process, the current constitution need not be set in stone. Will the Government press the Afghan High Council to consider constitutional reforms, including allowing for a less centralised Afghan state? Those steps need to be taken now, so that by the time of the Bonn conference in December the ground has been prepared and real progress can be made.
As we look to a stronger Afghanistan, we all recognise that issues of governance and the rule of law need to be addressed. I therefore ask the Leader of the House about the ongoing scandal over the Kabul Bank. We welcome the fact that the Prime Minister raised the issue with President Karzai, but that problem symbolises the inability of the Afghan Government to distance themselves from corruption that threatens to undermine the Afghan economy and international development assistance, as well as grievously undermining the faith of the Afghan people in their Government. Can the Leader of the House tell us more about what role Britain is playing in getting the Afghan Government to take the necessary steps to tackle the crisis and allow the IMF to resume support?
Finally, I turn to Pakistan. We all accept that long-term stability in Afghanistan depends on stability in Pakistan. We recognise the hard work and sacrifice of the Pakistani security forces in tackling violent extremism in the north-west of the country, but the situation in Pakistan continues to be serious. There is a danger that bringing bin Laden to justice, which ought to have been welcomed on all sides, will usher in a greater era of mutual suspicion rather than co-operation. What steps are the Government taking to put British support for counterterrorism in Pakistan back on track?
We all want British troops to come home at the earliest opportunity, as do their families, but we also want to see the campaign concluded in a way that ensures that their service and sacrifice have not been in vain and that Afghanistan and the wider region moves to a stable future, rather than once again posing a serious threat to our security. We on these Benches welcome today's Statement as a step along the path, but we urge the Government to redouble their efforts to support a new political process for Afghanistan as the greatest priority for the months ahead.
Lord Strathclyde
My Lords, I am grateful to the noble Baroness the Leader of the Opposition for her support for today's Statement, which I very much welcome. She asked a number of questions, which I shall try to answer. First, I thank her for her support on the end date for the combat mission at the end of 2014. It is important to have set a deadline to encourage all participants in the negotiations and, indeed, to apply a little pressure on the Afghans themselves to encourage them to raise their game in terms of the army and the police. All of those things are happening. The noble Baroness was right to say that it should not be a war without end—we very much agree with her—and the Afghanistan national security force has an important role to play over the next few years.
The noble Baroness asked about the reduction of the UK forces and whether they would be asked to take a disproportionate share of the burden as the US Army withdraws. I can confirm to her that there is no intention to take up any disproportionate part of that burden. Indeed, the drawdown takes place very clearly on the back of British military advice and is being done at a similar pace to the Americans, given that we did not have the same surge as the American army did.
On the question of equipment, it has been recognised for some years that British Armed Forces on mission in Afghanistan do have the equipment that they need. That has been widely welcomed. Of course we will continue to give the Armed Forces what they need while they are in the military zone.
The noble Baroness asked a most interesting question about the role of the United Nations and the possible creation of a figure from the Security Council who would help in those negotiations—help in mediation, I believe, is the phrase that the noble Baroness used. It is not a bad idea, but we feel that the moment for that has passed, because there is every indication that the two sides are already beginning to talk to each other without the need to add the ingredient of mediation. We would be unwilling to introduce a new ingredient into the process at this stage and, indeed, can see some potential undesirability in doing so. It is an Afghan-led process and we hope that it will continue to be.
The noble Baroness also asked a question about constitutional reform and a decentralised state. Our view is that we should not get hung up on every element of the constitution. We have no secret agenda to carve up the country. The people, the parliament and the president of Afghanistan need to work this out to their own timescale.
Perhaps even more important is the Kabul Bank scandal, which has been a shocking event. We are very keen that the Afghan Government and the IMF should reach an agreement on a new programme of support, which must include finding a resolution to the Kabul Bank situation. We very much support the view that there needs to be a recovery of assets, and indeed prosecutions, and that there should be a forensic audit of the Kabul Bank and any other banks that are involved. We also believe that the Afghan parliament needs to vote and agree to recapitalisation of the bank. We have been encouraging both sides—the Afghan Government and the IMF—to reach a satisfactory outcome as soon as possible. We have urged President Karzai to take the necessary action, which includes strengthening future bank supervision in Afghanistan as well as resolving issues relating to wrongdoing at the Kabul Bank.
Finally, the noble Baroness raised the all-important question of the relationship with Pakistan, such an important regional player, important to Afghanistan and particularly important to the United Kingdom. The bonds of the relationship between the United Kingdom and Pakistan are many and varied. They are also extremely strong. We have worked closely with Pakistan to try to achieve a unified view for Pakistan. The threat from the Taliban there is at least as clear as the threat to Afghanistan. However, I confirm to the noble Baroness that the links and the relationship between ourselves and the Pakistani Government continue to be strong, and we will continue to work closely together.
Lord Dholakia
My Lords, I thank the noble Lord for repeating the Statement in your Lordships’ House. I associate these Benches with the tributes paid to our servicemen who are serving us so well and to those who are no longer with us.
I want to pursue the point that the noble Baroness, Lady Royall, the Leader of the Opposition, made about identifying someone who can act as a catalyst in this process. I raise this because one of the successes of the Northern Ireland talks was the involvement and assistance of external elements. I particularly have in mind the former chief of the defence staff in Canada, General John de Chastelain. The Prime Minister was right to say recently when talking about the Taliban that the process of talks needs to proceed, although there will be differences of opinion from time to time. We should remember that there are deep-rooted differences between the Taliban and the Government of Karzai, and therefore, as the Prime Minister said, an external element coming from the Muslim community in that part of the world, free from any suspicions relating to western powers, might be able to assist in this task. It is in all our interests to have peace and stability in that region.
Lord Strathclyde
My Lords, I warmly welcome the tribute to British servicemen that my noble friend Lord Dholakia has made. The question of mediation is really interesting. My noble friend used the word “catalyst” and made a comparison with Northern Ireland. One of the problems with Northern Ireland was that no one was willing to talk to anybody. The Afghanis have made it clear that preliminary contacts are taking place and we should all welcome that, although of course I am not in a position to go into operational details about it. It must be an Afghan-led process and, as I said to the noble Baroness, Lady Royall, at this stage we would be nervous about putting in place another ingredient when talks have already started and contacts have been made. There seems to be a very positive air about progress and we should wish it success.
Baroness D'Souza
My Lords, I thank the noble Lord the Leader for repeating the Statement and, indeed, I associate the Cross-Benchers with the tributes that have been paid to our courageous soldiers in Afghanistan.
I think it is widely accepted that women in Afghanistan have had a pretty bad time over the past centuries and particularly during the era of the Taliban. The Afghan Women’s Network, which is a very respected organisation, wishes to carry out, through many of the women’s groups that exist throughout the country, a nationwide survey of their hopes and fears with a view to bringing those views to the hugely important conference that is to take place in Bonn in December this year. Unfortunately, the Afghan Women’s Network does not have the resources to carry out the survey. We all know that the British Government are giving an enormous amount of aid to Afghanistan—aid that, in particular, is hugely supportive of women and women’s networks. Unfortunately, much of the aid that goes via the Government does not trickle down to the Afghan Women’s Network or similar groups. It is deeply important that this survey should be carried out because it means that the views of millions of women across Afghanistan can be brought to the conference in Bonn in December and that their views will be at the centre of the conference rather than just on the margins and can form part of the agreement that is reached following that conference. Can the noble Lord the Leader of the House try to ensure that the funds are made available to the Afghan Women’s Network so that they can carry out this survey?
Lord Strathclyde
My Lords, I thank the noble Baroness the Convenor of the Cross Benches for what she has said. She is right about the problems facing the people of Afghanistan. Over a third of Afghanistan’s people live in poverty, and Afghanistan remains 155th of 169 countries on the UN’s 2010 Human Development Index. But—it is a small but, because it is good news—the UK Government through DfID will commit £712 million to Afghanistan over the course of the next four financial years; and in 2010-11 5.7 million children are attending school—nearly half a million more than last year—and 37 per cent of those attending are girls.
None of that solves the issue that the noble Baroness raised on the Afghan Women’s Network, which wishes to carry out this survey. I am sure that it is an extremely good idea. Perhaps the best way for me to proceed would be to draw the noble Baroness’s words to the attention of the Secretary of State of DfID to see whether, through his organisation, this is something the department would see some benefit in.
Lord Davies of Stamford
My Lords, no one wishes to keep British troops in Afghanistan for a moment longer than is necessary. Nevertheless, I am very disturbed by the Statement that the noble Lord the Leader of the House has read out today. Surely it makes no sense to engage in negotiations with the Taliban while announcing in advance a deadline for withdrawal, irrespective of progress in those negotiations. Of course it is necessary to keep the Afghan national army and police up to the mark by continuing to confer additional responsibilities and duties on them to see how they cope with those and to keep them challenged, but that could be done without making what I fear is going to be a very fundamental mistake in these negotiations.
Lord Strathclyde
My Lords, I understand the noble Lord’s point but, with the deepest respect, his is an outdated view of the negotiation process. I also understand why he holds it. What has changed in the last couple of years is that the Afghan armed forces and police are in a much better position to take over the role currently held by different European, American and NATO forces in Afghanistan. That is the first point. The second point is that there has been a growing realisation that to some extent the Taliban is motivated by the fear that foreign troops will remain in the country indefinitely. We wanted to send a signal that that was not the case. These things are always hard to forecast but we believe this is the right way, not just for Britain but for Afghanistan. It will encourage Afghanistan to negotiate seriously and to raise the professionalism of its armed forces and police. If we get it right, we will have achieved our aim of providing long-term stability for the people of Afghanistan.
Lord Eden of Winton
My Lords, will my noble friend convey our congratulations to the Prime Minister on having made such a timely and important visit to Afghanistan, and on the comprehensive nature of the Statement that he repeated to the House? While the talks with the Taliban are obviously welcome, can we have some assurance that representatives of the Taliban who are engaged in these discussions will actually be in a position to deliver? Is it not important that, while there are talks with central government, there are also discussions with provincial and other leaders in the regions beyond the centre, for it is there, on the ground, that the small steps of progress will carry the most significant impact?
Lord Strathclyde
My Lords, I shall certainly pass on my noble friend’s congratulations to the Prime Minister on the timeliness of his visit and the comprehensiveness of his Statement. On the substantive point of my noble friend’s question on talks with the Taliban, I broadly agree. We are at the earliest stages of those discussions. Contact has been made, and it must be up to the Afghans to progress the talks. It is an Afghan-led process. I do not suppose there is ever a guarantee that the people with whom you are discussing these issues centrally have the ability to deliver, but I am sure that over time the talks must include provincial leaders, too. If I have any more information to add, I shall write to my noble friend.
Lord Craig of Radley
My Lords, I thank the Leader of the House for repeating the Statement. In it, reference is made to the importance of equipping our forces in Afghanistan. A commitment was made in the strategic defence and security review to order more helicopters. The noble Baroness, Lady Royall, asked whether those helicopters had yet been ordered. If they have been delayed, is there not a fear that the Treasury will argue that they could not be in theatre before our withdrawal is started?
Lord Strathclyde
My Lords, I can tell the noble and gallant Lord that the position has not changed since the announcement in the SDSR. We plan to buy 12 additional Chinook helicopters as well as a further two to replace those lost in operations in Afghanistan in 2009. The Ministry of Defence is working towards the main investment decision on these helicopters.
Baroness Falkner of Margravine
My Lords, we welcome the Statement, particularly its emphasis on reconciliation, but it does not mention that reconciliation is possible only within a framework where the minimal guarantees in the Afghan constitution that women’s rights, education and some of the other things that we believe are so important will be delivered through peace negotiations. I fear that if we signal to the Taliban that we will respect it in high office without its renouncing its ideology or making any change to reflect adherence to the constitution, we will not be able to undertake the major strategic relationship that the Prime Minister seeks after 2014.
On the matter of helicopters, can the Leader tell the House whether NATO will continue to provide air support after 2014?
Lord Strathclyde
My Lords, I cannot give my noble friend an answer about NATO and air support post 2014. All I can confirm is that it is the intention of the British Government that British service men and women should not be in combat roles after 2014.
My noble friend’s first question was entirely different, being about the role of the constitution in negotiations. It is sometimes nice to believe that we, sitting or standing here, can micromanage this process of negotiation, and I am sure that my noble friend will agree with me that we cannot. We have to believe that those who are most involved in the Afghan-led process can work—for example, by making the preliminary contacts, as they have done—so as to try to deliver a settlement that is inclusive and that addresses the political and economic aspirations of all Afghan citizens, including women, who have been treated so badly in the past, and to try to promote security and stability in the wider region. The process must be actively supported by Afghanistan’s neighbours and international partners, including us. My noble friend is not wrong to raise these issues, but it is important that we should not micromanage them.
Lord West of Spithead
My Lords, I thank the noble Lord the Leader of the House for repeating that Statement. All of us in this House are very aware of the commitment of our troops and of the civilians working for us in Afghanistan. I would like to point out that one always refers to troops, soldiers and whatever, but the Royal Navy and Royal Air Force are very deeply involved as well and I think I am right in saying that more Royal Navy personnel are involved there at the moment than the other two services.
We are in danger of deluding ourselves. We are a minor partner, albeit an important one, in an alliance, but the key driver of what is happening in Afghanistan is the United States. Does the noble Lord the Leader of the House agree that once the United States decided that it was going to go and to a certain timetable, we had to fit in with it? It is right for us to be getting out of there, but there was no alternative other than to fit in with that. It is wrong to pretend that we are setting an agenda, which is how we have deluded ourselves in the past.
My other point is that I have real concerns about categorising Afghanistan as of major strategic interest—I think the Leader said—to this country in future. I produced the first national security strategy. A country that is of major strategic interest to us demands from us considerable resources and a willingness to intervene again to do all sorts of things, and I do not believe that, looking to a long-term future, we can afford to make countries such as Afghanistan of major strategic interest. There are areas of major strategic interest, but we cannot go on like this or we will find out that we are involved across the whole world.
Lord Strathclyde
My Lords, I am delighted that the noble Lord, Lord West, reminded the House that the combat role in Afghanistan is not limited to the British Army. My noble friend Lord Astor of Hever reminded me that there are also marines, Royal Navy and RAF personnel in Afghanistan. Indeed, the whole spectrum of the British Armed Forces has been working hard, as have many civilians. It is right that we should support every one of them in the work that we do.
The noble Lord, Lord West, is also right, inevitably, when he says that the key driver is the USA. However, the links between us and the USA are extremely strong. I do not think there is any sense of delusion that the British would carry on operations in Afghanistan without America.
On the point about us having a major strategic interest in Afghanistan, I hope the noble Lord would agree that we may have such an interest not just in Afghanistan itself but in a region of Afghanistan and Pakistan. Given the history of terrorism in the last 10 years or so, there are reasons why we should maintain a major strategic interest in the region. I also agree with him about not deluding ourselves—to use his words again— and I do not think we should delude ourselves about our ability to change as much as we think we would like to. We work in partnership with our NATO allies and our American allies to bring as much peace and stability to the region as we can.
Lord Kerr of Kinlochard
My Lords, I congratulate the noble Lord on his diplomacy in handling your Lordships’ questions. I understand exactly what he says about the importance of the internal talks being an Afghan-led process. I know that he is not ruling out the possibility that they could be facilitated and assisted by outsiders.
However, I go back to the point made by the noble Baroness, Lady Royall, who stressed the importance of proper preparation for the Bonn conference. She is absolutely right. I know that the noble Lord agrees with her and I am sure that he sees a role for the UK in trying to ensure that all those in the region with the greatest interest in the future stability of Afghanistan are properly involved in preparations for Bonn, and that includes not just the Chinese, Russians and Indians but the Iranians.
Lord Strathclyde
My Lords, the noble Lord is entirely right. He offered me some praise, which is deeply flattering, and I thank him for it. It is an Afghan-led process and it is important that it should be seen to be so. However, this House knows better than many other houses of parliament how important regional influences are. I would have thought that all those involved in the process understand the need to bring in as many international stakeholders as possible in order to give the long-term peace, stability and potential for growth that the people of Afghanistan crave.
Arrangement of Business
Baroness Anelay of St Johns
My Lords, there are 31 speakers signed up for the Second Reading of the Armed Forces Bill today. If Back-Bench contributions were to be kept to nine minutes, the House should be able to rise this evening at around the target rising time of 10 o’clock. This advisory time, as always, excludes the Minister’s and the Opposition’s opening and winding-up speeches.
Armed Forces Bill
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
My Lords, I beg to move that this Bill be read a second time.
The Ministry of Defence normally has an Armed Forces Bill every five years, so my task of speaking to the Bill today is a pleasure that falls to few Defence Ministers. I recall my involvement with the corresponding Bill five years ago, then as shadow Defence Minister. That Bill made very significant changes to the legislation governing the Armed Forces and established a single system of service law for the first time. I pay tribute to the then Government for their work to bring forward the legislation and for implementing it. It was a very large Bill. By comparison, the Bill we are considering today is considerably smaller—perhaps a tenth of the size—but, in its own way, it is also very important. This is reflected today in the large number of speakers from all corners of the House.
The Bill continues a series of Armed Forces Bills that stretch back to the Bill of Rights 1688, which says that the keeping of an Army in time of peace shall be against the law,
“unless it be with the consent of Parliament”.
So, one of the Bill’s most important functions is that it provides the legal basis for the Armed Forces to continue.
With long intervals between Bills, the Ministry of Defence tends to keep proposals that require primary legislation until the next one comes along. As a result, Armed Forces Bills such as this one often cover a wider range of topics than service discipline, which is traditionally the main subject.
With the leave of the House, I would like to pick out some highlights. Since coming to office, this Government have confirmed their commitment to rebuilding the Armed Forces covenant to do the right thing by the men and women who have served in our Armed Forces, today and in the past, together with their families. Just over a year ago, my right honourable friend the Prime Minister spoke on HMS “Ark Royal” about the Government’s desire to write the covenant into the law of the land. We have looked at the best way to do that.
Our starting point is that the Armed Forces covenant is fundamentally a moral obligation—on the Government, on the nation and on the Armed Forces themselves. It can never be defined by a host of rules and regulations designed to tell everyone exactly what to do in every circumstance. Certainly, where rules need to be changed we will do so. But, generally, the people of this country know how service personnel should be treated. Our task is to create the right framework for that to happen, and to ensure that Parliament plays a central role.
The Bill requires my right honourable friend the Secretary of State for Defence to lay a report before Parliament every year on the effects that membership of the Armed Forces has on service people. The Bill also provides for what the Secretary of State must cover in his report. For example, healthcare, education and housing are recognised as issues which will always be important to the service and the ex-service community. Other issues will only emerge at the time, so the Bill leaves this flexible.
There is also the question of who is covered. The Bill refers to a broad span of people. The total number of serving and former personnel and their families is around 10 million. This is one in six of the population. For ex-service personnel, it specifies an interest in those who are resident in the United Kingdom. Again, this does not stop a Secretary of State covering relevant issues for those who live abroad—for instance, Gurkhas living in Nepal—but it recognises that many aspects of their lives would be matters for their own Governments.
In preparing annual reports, the Ministry of Defence would consult widely with interested parties inside and outside Government. We hope that contributors will range from charities to the devolved Administrations. But the process of preparing reports will evolve over time. We are breaking new ground. We will learn from experience, listen to comments, and move forward in a positive way. I am clear that that is the right way to do it, rather than making the legislation excessively prescriptive.
Noble Lords will be aware that this part of the Bill has been the subject of extensive debate, both inside and outside Parliament. I would like to pay tribute to the Royal British Legion for the constructive contribution that it has made to that debate, as well as the huge amount of work that it does every day to support service people. We have listened to its views, among others, and we have amended the Bill to make clear that, in preparing the reports, the Secretary of State must have regard to the unique nature of service life, to the principle of minimising disadvantage, and to the principle of special treatment where appropriate. These are the core themes of the covenant and we agreed that they should be mentioned in the legislation.
I would like to say something about the devolved Administrations and the covenant. We want to ensure, as far as possible, that there is no difference of interpretation or implementation between England, Scotland, Wales and Northern Ireland on issues like healthcare, education and housing. Our working relationships with the devolved Administrations are good. The Government want to work with them on the issues that are to be covered in the annual report. In this area, we favour collaboration rather than legislation. I understand, however, that some noble Lords have real concerns on this issue and I very much look forward to discussing them further in Committee.
Questions have also been raised about the independence of the report. The Government have undertaken to publish, alongside the annual report, whatever observations the external members of the covenant reference group—formerly the external reference group—choose to make on it. I repeat that undertaking here, to provide reassurance that the Government will deal with publication of the annual reports in an open and transparent way.
I should now like to cover briefly some of the other issues in the Bill. Last year, the High Court endorsed the ability of the service police to investigate the most serious allegations under the Armed Forces Act 2006. Nevertheless, we want to be sure that the independence and effectiveness of service police investigations have all the safeguards that we can possibly provide.
The first clause in the group places a duty on each of the three provost marshals—the heads of the service police forces—to ensure that service police investigations are carried out free from improper interference. The second clause provides for the service police to be inspected by Her Majesty’s Inspectorate of Constabulary. The third clause provides that the provost marshals will in future be appointed to their positions by Her Majesty the Queen, once again recognising and reinforcing their independence from the service chains of command when carrying out investigations.
There are also provisions in the Bill that will allow commanding officers the flexibility to deal with unfitness through drugs and alcohol. There are two parts to this. One is where commanding officers have reasonable cause to believe that a service person’s ability to carry out a prescribed duty is impaired due to drugs or alcohol. The other is a power to test where they have reasonable cause to believe that a person is in breach of a limit on alcohol specified in regulations in relation to particular duties. The limits and duties will be prescribed in regulations subject to affirmative resolution of both Houses.
The main reason for these changes is to act as a deterrent and to create a safer environment when service personnel are carrying out safety-critical tasks in the course of their employment generally and on operations. Rather than limiting commanding officers to acting after an incident has taken place as happens at present, the changes in the Bill will allow commanding officers to act earlier in the future.
The Bill also contains provisions that will allow members of the Reserve Forces to be mobilised to serve, alongside their regular counterparts in the United Kingdom, in a wider range of circumstances than is permitted at present under the Reserve Forces Act 1996. Examples of where reservists could be mobilised under the new arrangements include the foot and mouth outbreak of 2001, where the work did not fall within the definition in the 1996 Act; a major disruption to the road and rail network requiring assistance with the distribution of food and blood supplies; and unarmed support to the security operation for the London 2012 Olympic Games.
The provisions are consistent with the work that has been undertaken as part of the Future Reserves 2020 Study, which aims to improve the integration and employability of the reserves within a whole force.
Much was said five years ago about the extent to which the then Armed Forces Bill kept the commanding officer at the heart of service discipline. That Bill became the Armed Forces Act 2006. In practice, it has proved to be a good piece of legislation, and I am pleased to reassure noble Lords that the current Bill does nothing to disturb the arrangements. The commanding officer remains at the heart of service discipline.
I am immensely proud of our Armed Forces. They do a brilliant job, often in the most difficult circumstances. The Bill will allow them to carry on doing that job. Through the reference to the Armed Forces covenant, the Bill also provides the basis for their service to be recognised. I also pay tribute to the families and communities who support them.
I commend the Bill to the House.
Baroness Crawley
My Lords, I begin by paying tribute to our Armed Forces and the extraordinary commitment they show in protecting both this nation and, when necessary, people of other countries. Our Armed Forces have been particularly heavily engaged in operations over the past few years and a large number of personnel have made the ultimate sacrifice while serving their country. Many more have suffered life-changing and very challenging injuries. We have nothing but the greatest admiration and respect for the courage and enormous bravery of our Armed Forces.
An Armed Forces Bill, as we have heard, is needed every five years to provide the legal basis for the Armed Forces and the system of military law we have here in the United Kingdom. I thank the Minister for his résumé of the provisions of the Bill and for putting at our disposal his department’s very helpful briefing. I remember fondly assisting with the 2006 Act, although my role and that of the Minister were reversed. The Bill has been delayed, as we have heard, because, despite a clear commitment by the Prime Minister in June last year that the military covenant would be enshrined in law for the first time, that commitment was not delivered when this Bill was first published in December 2010. Instead, the Bill simply provided for the Secretary of State to make an annual report to Parliament on the implementation of the covenant. The Royal British Legion was of the view that the Bill, as it then stood,
“looks like the beginnings of a Government U-turn”.
In early May this year proceedings on the Bill in another place were delayed by the Government; and in mid-May the Prime Minister, under heavy pressure to honour the commitment he had given the previous June, stated that the principles of the military covenant would now be incorporated in the Bill.
Of the need for the covenant there can be little doubt. Our Armed Forces face significant redundancies, with the first round of 11,000 being announced in just less than two months’ time. It appears that there may not be a shortage of applicants in some areas, including among senior Army officers. Money, of course, may be one factor, in the light of pay freezes, as well as a view that more could be earned outside the services. A feeling among some that our Armed Forces are now involved in managing decline and that promotion will be more difficult to secure does not help. Some financial benefits are being cut, or their scope reduced, which may only encourage some to leave. The continuity of education allowance has been restricted, the overseas allowance cut and travel, fuel and expense allowances reduced. Pensions for Armed Forces personnel will no longer be increased in line with the retail prices index, but instead in line with the consumer prices index, which, it is generally agreed, will result in smaller pensions. This is a blow to all concerned.
Of course, there will equally be a great many service personnel who revel in life in the Armed Forces, the camaraderie it provides and the justifiable feeling of doing a worthwhile and very skilled job. They will want to stay and will hope that they will not be made redundant against their wishes and have to face a return to civilian life, particularly when finding alternative employment is difficult, to say the least.
The concept of a military or Armed Forces covenant is not new. It has existed for many years as an unwritten commitment between the state and the Armed Forces, recognising that, in response to the considerable sacrifices made by service personnel, the nation has a duty to acknowledge that fact and to accept a long-term duty of care towards service personnel and their families. In 2008 my Government produced a Command Paper entitled The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans. This was the first cross-government strategy on the welfare of Armed Forces personnel. The paper set out a series of cross-departmental measures to improve welfare provision and support. The need was also recognised to make the best use of the support available through other organisations and charities.
The main recommendations in the paper related to education, welfare support, healthcare, housing and compensation. Armed Forces advocates were established within government departments to deliver on the principles and commitments of the service personnel Command Paper. In addition, the external reference group of the Ministry of Defence, now renamed the covenant reference group, with representatives from across government, the devolved Administrations, major charities and the service families federations, monitored implementation of the Command Paper’s recommendations and reported annually to the Prime Minister. The 2008 service personnel Command Paper and associated cross-government strategy on the welfare of Armed Forces personnel led to the doubling of compensation payments for the most serious injuries and the doubling of the welfare grant for the families of those on operations. It also led to better access to housing schemes and healthcare, offered free access to further education for service-leavers with six years’ service and provided more telephone and internet access for those in Afghanistan. It is important to demonstrate the foundation on which the covenant that we are looking at today was laid.
The Bill sets out to enshrine the Armed Forces covenant in law. Its scope does not go as far as we believe it should, but it is progress in the welfare of our Armed Forces and service families and we shall support it. It represents a considerable step forward from the Government’s line in the first sitting of the Select Committee on the Armed Forces Bill in another place in February 2011, when they stated that:
“The covenant is a conceptual thing that will not be laid down in law”.—[Official Report, Commons, Select Committee on the Armed Forces Bill, 10/2/11; col. 21.]
We will want to discuss in more detail the covenant and the principles on which it is based as the Bill progresses through your Lordships’ House, not least what will and will not be in the Government’s proposed annual report on the covenant and who will finally determine its contents.
As an Armed Forces Bill comes before us only once every five years and is normally the Ministry of Defence’s only Bill, it tends to cover a range of issues requiring primary legislation that have come to the fore since the previous Bill, as the Minister has said. This Bill is no exception. We support the increased powers that it gives to the service police, including the provision on access to excluded material to assist in investigations. We also welcome the measures to enhance the independence of the service police and to introduce a provost marshal to ensure that investigations are conducted free from unacceptable interference. Other measures in the Bill which we support include those ensuring that the service police disciplinary systems are compatible with, and complementary to, the European convention, to protect members of the service community outside the United Kingdom; measures to strengthen the independence and impartiality of service complaints procedures; and of course moves to update regulations to protect prisoners of war detained by UK forces.
However, there are other government decisions beyond the Bill which are not welcome, and are seen to run contrary to the principles behind the Armed Forces covenant. One I have mentioned already, namely the decision to link Armed Forces pension rises to the consumer prices index rather than the retail prices index. The impact of this move will disproportionately affect members of the Armed Forces and their families, since they rely on their pensions at an earlier age than almost anyone else. A 27 year-old corporal who has lost both his limbs in action will lose out on £500,000 in pension and benefit-related payments. The 34 year-old wife of a staff sergeant killed in action would, over her lifetime, be almost £750,000 worse off. I hope the Government will rethink this issue.
Another government decision which seems incompatible with the Armed Forces covenant is the intended demise of the chief coroner’s office. That office would give service families the right to the best possible investigations and military inquests when faced with the death in action of a loved one. The Government should think again, particularly in the light of the significant vote on this matter in your Lordships’ House.
Our service personnel can be called on to work unlimited hours, in highly dangerous conditions, putting their lives on the line. Living conditions for them can at times be very basic and extremely tough. They can be separated from their families for months on end, and be required to move around from one remote location to another. While we support the moves the Government have made to place the Armed Forces covenant in the Bill, we have concerns about decisions the Government have made, or appear to be on the verge of making, which we believe are incompatible with the spirit and intention of the covenant. I hope the Government will think again on these important matters.
In conclusion, we will certainly want to pursue many of these issues during the more detailed consideration of the Bill in the weeks to come. Overall, we welcome the Bill, which is now in considerably better shape than it was when it started its passage in another place last year. It is important that we take the opportunities that the Bill provides to continue to improve the lives of our esteemed service personnel and their families.
Lord Lee of Trafford
My Lords, our nation has always rightly had a high regard for our Armed Forces, but only relatively recently has this regard translated into tangible action. The sending of our troops initially into Afghanistan, ill equipped, underresourced and too few in number, was probably the trigger. There ensued an unprecedented, media-led public outcry, putting heavy pressure on the then Government to remedy matters and recognise the sacrifices that our Armed Forces were making. The public mood swung behind our troops. Charities such as Help for Heroes were spawned, and politicians of all persuasions were challenged to do better.
Slowly, things started to happen. I look back at the 2010 manifestos of the three main parties. The Liberal Democrats committed to doubling,
“the rate of modernisation of forces’ family homes to ensure they are fit for heroes”.
Labour’s manifesto said:
“As a sign of our continued commitment to the military community, we will introduce a Forces Charter to enshrine in law the rights of forces, their families, and Veterans”.
The Conservative manifesto said:
“We will restore the military Covenant and ensure that our armed forces, their families and veterans are properly taken care of”.
Here at Westminster, we now receive returning units from Iraq and Afghanistan. I was delighted to learn from an officer who has just returned from Afghanistan that US forces are now envious of our lightweight helmets, body armour, light rucksacks and boots. Thankfully, we have come a long way in theatre. In parallel to this, the Prime Minister made a pledge on HMS “Ark Royal” last June to write the Armed Forces covenant into law, and put its principles at the heart of the new Armed Forces Bill, which we are debating today. While the Bill has moved slowly, following discussions, lobbying and amendments, it has now reached us in a form that seemingly receives broad support—certainly for the clauses concerning the covenant. Chris Simpkins, the director-general of the Royal British Legion, has said:
“For the first time, Armed Forces personnel and their families will see the principles of fair treatment there on the statute book … We are particularly pleased that the unique nature of Service will now be acknowledged in the Bill, together with the principle that no disadvantage should arise from Service”.
The legion estimates that the covenant support package announced by the Prime Minister is worth probably £40 million to £50 million.
Clearly a balance has to be struck between recognising the covenant in legislation and avoiding frequent legal challenges. I believe that the Bill achieves this. I understand that, in delivering the annual report on healthcare, education and housing, the Government will liaise with delivering ministries. I suggest that we go one step further. Could the Secretaries of State for those respective departments produce separate sub-reports or similar, thus giving them a greater degree of ownership, commitment and responsibility? I also ask my noble friend what plans the Government have to publicise all the new benefits and entitlements. I understand that in France there is a website related to its defence ministry, dedicated to families, education, health and housing, which sets out all the state benefits and assistance available to the military, with details of different charities for women, retired personnel and so on.
We shall cover the more detailed aspects of the covenant and annual report in Committee. Turning to other matters in the Bill, my noble friend Lord Thomas will cover justice issues today; my noble friend Lord Palmer will focus on veterans and housing; and my noble friend Lord Addington will deal with the implementation of the covenant. The new provisions to allow reserve mobilisation for work of urgent national importance, and to enable testing for drugs and alcohol pre-incident—rather than, as currently, post-incident—are sensible and to be welcomed.
Finally, I raise two issues in relation to veterans. The first concerns what we might term our atomic veterans and the second concerns former armed services personnel who are in prison. With regard to the former, why have the United States, Russia, France and China set up funds to pay for the medical care of their atomic veterans, while Britain alone has balked at such a settlement? On the latter, the Howard League for Penal Reform has just produced a report from its inquiry into former armed services personnel in prison. Apparently, nearly 3,000, or some 3.5 per cent, of all those currently in custody in England and Wales have served in the forces. The report makes several observations and recommendations. I ask my noble friend who will be winding up: do the Government intend to respond to the report and in what timescale?
Lord Stirrup
My Lords, as the Minister said, this is a substantially smaller Bill than that brought forward in 2006 at the previous quinquennial review, when a major revision was made to the administration of justice within the armed services. Nevertheless, I agree that the 2011 Bill contains some important provisions. Perhaps the one that has attracted the most notice, and I expect will attract much comment today, is Clause 2, which seeks to enshrine the military covenant in statute. This, to my mind, is a very welcome gesture, but is it anything more than a gesture?
In order to answer that question, we need to understand the nature of the lacuna that Clause 2 seeks to fill. The noble Baroness, Lady Crawley, referred to the service personnel Command Paper which her Government published in 2008. All of us who are concerned with the welfare of people in the Armed Forces saw it as a very positive step in the right direction, but it was only a step. Some of the changes set out in the paper were, as we have heard, implemented quickly—for example, the doubling of Armed Forces Compensation Scheme payments for the most seriously injured—but others were clearly going to require much more work. This was because many of the issues that over the years have bedevilled military personnel and their families centre on the availability of public services that are outwith the control of the Ministry of Defence. These include things such as access to NHS dentists, places on NHS waiting lists, access to social housing, provision of school places, and many others besides. The enforced mobility to which service personnel are subject put them consistently at a disadvantage in this regard when compared with the majority of their civilian peers.
In 2008, the Command Paper did no more than commit the relevant government departments to working together to find solutions to these problems. The caveat that many of us appended to our welcome of the Command Paper was, therefore, that it not only promised the right things but that it was consistent and sustained the delivery of solutions that really mattered. An external reference group was indeed set up to monitor that delivery. It included representatives of the services' families federations and the leading charities, as well as members of the relevant government departments. Its first report, in 2009, concluded that progress had been made, but that there was still much to do.
As of today, that progress continues. There has been considerable good will, and much good work, between the various ministries, and the people involved deserve great credit for this. However, our society's obligation to treat its Armed Forces fairly should not depend on the good will of the moment. It should not depend on how much—or how little—the military is in the public eye and mind over any given period. Nor should it depend—and forgive me if I seem slightly cynical—solely on a calculus of how much political gain or harm would attach to any given course of action.
I do not wish for one moment to impugn the motives of anyone acting today. I believe their collective heart is in absolutely the right place, but these are exceptional times. One cannot help remembering, with Kipling, that:
“For it's Tommy this, an' Tommy that, an' ‘Chuck 'im out, the brute!’
But it's ‘Saviour of 'is country’ when the guns begin to shoot”.
It is worth remembering the perceptive last line of that poem:
“An' Tommy ain't a bloomin' fool—you bet that Tommy sees”.
The Minister has implied that the current levels of interest and support will continue. He has said that the people of this country know how their Armed Forces should be treated. This may be so, but it has not prevented the issues that I have outlined from being persistent problems over a great many years. We need a formal undertaking in which military people and their families can have confidence and which they see will be upheld and sustained when the guns have ceased to shoot. To that extent, the proposed inclusion of the military covenant in the Armed Forces Act must be welcome, but what sort of an undertaking are we talking about here? How effectively will it deliver solutions to the kind of problems that I have described? A key reason for enshrining an undertaking in legislation is surely to give people some recourse if that undertaking is not met. In this case, such recourse is not available. Instead, the Secretary of State for Defence is called upon annually to explain himself before Parliament.
I accept the arguments that the services themselves have made—that formal legal redress would generally be neither desirable nor even helpful to their people in such cases—but I have two particular difficulties with the alternative that is proposed. The first relates to the point that I have already made—that the Defence Secretary is not responsible for delivering the services that are at the heart of many of the most difficult and intractable issues faced by the military community. Surely, if Parliament is to probe such matters deeply and effectively, it must do so with those who are directly responsible for the provision in question. If the need to explain actions personally and directly to Parliament is the means by which good behaviour is encouraged, surely the explanations should be required from those responsible for the behaviour, and they should not be able to use the Defence Secretary as a kind of air raid shelter.
Secondly, the Bill seems to leave a great deal to the discretion of the Defence Secretary. Phrases such as,
“as the Secretary of State considers,”
or,
“as the Secretary of State may determine”,
crop up quite a bit in Clause 2. Now, I am not suggesting that all boundaries should be set out in the Bill. Such an impractical result is, I presume, what the current wording seeks to avoid. However, is not allowing the Secretary of State alone to define all the parameters as he goes along a little like making him a judge in his own cause? Surely we need some kind of audit function to ensure that the character and scope of the standards to which the Secretary of State—or, as I hope, Secretaries of State—report attract a degree of consensus that goes beyond simply the ministries being judged.
While I therefore welcome the inclusion of the covenant in Clause 2, the undertaking given there is not yet firm enough for Tommy or Tommy’s family to rely upon with confidence through changing times, and I hope that this can be addressed as the Bill goes through its other stages.
Lord Selkirk of Douglas
My Lords, it is a great pleasure to follow the noble and gallant Lord, Lord Stirrup, who has had a very distinguished career as Chief of the Defence Staff. The issues that he has raised should be examined closely during the passage of the Bill. I welcome what he said in relation to the military covenant. It seems only yesterday that I was present when he presented a Royal Air Force Tornado to the National Museum of Flight of the National Museums of Scotland. It has not only been enormously appreciated, but many thousands of visitors have gone there to see the pride of the Royal Air Force on display.
I have spoken previously in this Chamber in support of the Armed Forces, stressing that Ministers have an inescapable duty to honour the spirit of the military covenant. I am therefore glad to support the Government and the Prime Minister in what the director-general of the Royal British Legion has described as a “historic breakthrough” in this regard.
I notice that in debates in the other place, Members were very scrupulous in mentioning their interests. Therefore, it is appropriate that I briefly follow suit. I am an Honorary Air Commodore and am associated with two service charities—as chairman of the Scottish Advisory Committee at Skill Force, which successfully employs veterans to instruct youngsters who have fallen behind at school; and, perhaps of most relevance to veterans, as president of the largest charity in Britain providing homes for servicemen and servicewomen who have an element of disability. The Scottish Veterans’ Garden City Association, with help from the public and service charities and other trusts, has made available 612 houses so far, a total which we hope will soon increase to 622.
Today, I applaud the decision of the Prime Minister and the Government to give increased authority to the military covenant through legislation. Of almost equal importance is the commitment to ensure that there should be an annual report to Parliament on how the covenant is being upheld and implemented. Taken together, these two landmark reforms will greatly increase the status and priority given to service men and women, and rightly so.
To take the military covenant first, we all know that this has long been an informal agreement as to what service men and women could reasonably expect as a result of their willingness to make sacrifices in the service of their country. The principle has always been that those who put their lives on the line should not sustain disadvantage in consequence, and this would mean that if they were seriously wounded they would receive special treatment as necessary.
However, this arrangement did not have the full back-up support of the law of the land, and it is always easy for those who do not wish to see a great reform enshrined in an Act of Parliament to argue that such a move might give rise to judicial review or reviews. I note that Clause 2(3) states that the Secretary of State “must have regard to”, and those words place on him not just a moral obligation but also a legislative one. It is very much to the credit of the Prime Minister and the Secretary of State that they have had the moral courage to take legislative action and set out the key principles involved in the Bill. This must be the right way to do it, as it avoids problems that can arise from rapidly changing circumstances.
I have studied the important package of measures that is to be made available, including concessionary bus travel and additional council tax relief, and I welcome the commitment made by the Minister already today. I hope that in due course he will be able to confirm that these concessions will come into force at the same time throughout the United Kingdom.
This leads me to the issue of an annual review of the Armed Forces covenant, which I see as a particularly important step forward. I remember being shocked, while serving as a Minister of Health, when I was told during a visit to Stobhill Hospital in Glasgow that during the First World War trains carrying the wounded had come in under cover of darkness so that the public would not know the severity or extent of the injuries inflicted. Today we are rightly much more concerned to ensure that the adverse consequences of war on the injured and disabled are correctly known and are mitigated in the best ways possible, through services provided by joined-up government. I therefore strongly support the plan that the annual report should cover such issues as housing, health and education.
I now come to my request—which the noble and gallant Lord, Lord Stirrup, himself raised in different language. Ministers should support the Royal British Legion’s representations that the preparation of the annual report will be subject to the independent scrutiny of members of an external reference group. I note that Mr Simpkins, the director-general of the Royal British Legion, has said that criticisms by the external reference group would give,
“a satisfactory level of independent oversight”.
May I suggest that the Government give careful consideration to obtaining the best possible independent advice, which could be invaluable for the drafting required? I have noted that former Governments have benefited greatly from independent research reports, which often reveal facts which we would not otherwise have been aware of, and which have had a beneficial effect on decisions and the decision-making process.
The Secretary of State for Defence summed up this subject very well when he said:
“We believe that a sensible way forward … is to enshrine the principles in law, provide a regular review of the policies that will make them a reality, ensure that Parliament has a chance to scrutinise that review through the annual report, and ensure that the report is widely informed, consultative and transparent”.—[Official Report, Commons, 16/5/11; col. 26.]
It will undoubtedly be the case that these decisions and the package of support will greatly enhance the historic covenant. They will help to ensure that fair treatment and, where necessary, special assistance will be made available to our service men and women who have given so much selfless service to their country whether in Afghanistan, Iraq or anywhere else. It will give them the recognition that they so strongly deserve.
It is a sad reality that our armed services have at times been neglected in past centuries, as the noble and gallant Lord, Lord Stirrup, has suggested. The Crimean War is a case in point. Florence Nightingale found wounded British soldiers having to endure appalling conditions in the military hospital in Scutari. As the noble and gallant Lord, Lord Stirrup, has quoted Rudyard Kipling, I too would mention that he brought to the attention of his generation the harshness of conditions for ex-servicemen of the Crimean War. He wrote a bitter verse, entitled “The Last of the Light Brigade”. It ran as follows:
“O thirty million English that babble of England's might,
Behold there are twenty heroes who lack their food to-night;
Our children's children are lisping to ‘honour the charge they made—’
And we leave to the streets and the workhouse the charge of the Light Brigade!”.
Fortunately, huge changes have been made since those days. In the 21st century, we now have tremendous reliance on the most advanced technology in warfare, and the size of our armed services has been steadily contracting, but alongside those developments is the very special need to recognise the duty of care owed by our nation to all those in the armed services who are prepared to make the ultimate sacrifice to protect and defend our country.
Today, I pay tribute to the Prime Minister and the Secretary of State for Defence for resolving that, for the first time, the armed services covenant should be an agreement whose principles are enshrined in law. They are right to have acknowledged legally a timeless human debt which must always be repaid with openness, generosity and gratitude.
Baroness Taylor of Bolton
My Lords, it is a pleasure to follow the noble Lord, Lord Selkirk of Douglas. I remember him well from my time as a Minister. Perhaps I can best describe him as a very persistent campaigner on these issues; he has a long-term interest here.
I, too, start by paying tribute to our Armed Forces—those whose care and welfare is affected by the Bill—and their families, who should not be forgotten in our deliberations today. We have been reminded again this week of the ultimate sacrifice that many make, and our thoughts are obviously with the family and friends of those who have been killed in recent campaigns, as they should be with those who have been injured and those who have had their lives changed by their experience of conflict.
During my time in the Ministry of Defence, I saw the real expertise, commitment and dedication of those who served in the Armed Forces, and it is our purpose and responsibility today, and in Committee and later stages of the Bill, to ensure, as far as possible, that they get the framework of service rules that will serve them well, and the support and care that they and their families need both during and after their active service. As the Minister said, this opportunity comes up only once every five years, so we must make the most of it when we have it. Therefore, it is right that Members should comment not only on what is in the Bill but on some things that they would have liked to have seen developed further.
It is because we have a significant obligation to those who serve our country that I want to make a point about some things that the previous Labour Government achieved. I was pleased that mention has already been made of the service personnel Command Paper. I was in the Ministry of Defence at the time when the noble and gallant Lord, Lord Stirrup, was in post. We should not underestimate the degree of change that that White Paper brought about in people's minds. Mention has been made of the military covenant, and it was talked about a great deal before that, but that White Paper was a significant step forward. It was the first-ever cross-government strategy, and it took a great deal of work, in particular, on the part of my ministerial colleague, Bob Ainsworth.
Before that White Paper was published, there was no mechanism for translating the moral obligation that has been talked about today into real provision. I agree with the Minister that we cannot dot every “i” and cross every “t”, but it is important that we get the principles and the framework right. Our discussions today and those that will take place in Committee go back to that groundbreaking achievement. I am similarly proud of the Armed Forces Compensation Scheme, and indeed what that Government did on pay and provisions.
The question is: where are we now? Does this Bill do all that it could do? What issues will have to be returned to in Committee? The Minister will know that on an occasion like this the contributions tend to concentrate on where colleagues want to go further and do more, rather than praise what is actually in the Bill. First, I welcome Clause 13, which relates to reduction in rank or rate; I welcome the automaticity of the current arrangements. This ability not to punish twice may not be used often, but I think that it should be available, and I just wanted to put that on the record.
I want to say a few words about some of the issues that I think will need further consideration in Committee, not surprisingly starting with some of the issues that come under the heading of the military covenant. Not much mention has yet been made of one aspect of the changes that have been introduced so far, the issue of Armed Forces advocates. The previous Government piloted an Armed Forces welfare pathway whereby a number of local authorities appointed Armed Forces advocates to ensure that, in terms of policy development, Armed Forces personnel, veterans and their families had their specific needs recognised and that appropriate services were provided at the local level. This was raised in Committee in another place, and the Minister said that we did not need legislation now and that he could talk about possible local solutions. I hope that that indicates real approval of the concept and that the Minister can confirm that. However, I am worried that that approach could be somewhat complacent, especially when we consider the pressures on local authorities at the moment. I wonder what mechanisms the Minister thinks we should put in place to ensure that local communities are protected and that we make real progress there. No one can deny that, across the whole range of provisions by local authorities in housing and education, and indeed at the national level, there is a need for monitoring as well.
I will also briefly mention the idea of veterans’ ID cards. I am a supporter of ID cards generally, so I may be biased. To me, the provision of ID cards for veterans would be of obvious benefit to them across a range of services in both the public and private provisions. I think that if we did have veterans’ ID cards they would have an indirect benefit of increasing public awareness of the needs—and indeed the contribution—of veterans. I hope that we can go further in that direction and explore that aspect further. In the Commons, mention was made of servicemen keeping their military ID cards. I do not know whether that plan, or any variation on that theme, has any potential, but I think that we should look at it.
I will also mention mental health. In healthcare generally, very significant steps have been made in the last few years in respect of the health needs of veterans. However, I think that it was quite difficult to get the breakthrough that led to people appreciating that the mental health needs of veterans were something that we needed to talk about and to highlight. My two ministerial colleagues, Derek Twigg and Kevan Jones, spent a great deal of time trying to make sure that there was proper co-operation in order that we did get the services that we need for veterans who have mental health problems and who often were afraid to come forward and talk about their situation because there was a stigma attached and it was something to be ashamed of.
I want to ask the Minister about the future of the new provisions that were established. We launched six mental health pilots—in Stafford, Camden and Islington, Cardiff, Bishop Auckland, Plymouth and Edinburgh. They were launched with the intention of assessing the needs of veterans and rolling out this programme across the country. It would be useful if we could have an update on that because it really is important that we continue to make progress.
Time is short and I want to say a word about minors, although I am not sure that I necessarily agree with some of my colleagues on this. While protecting the rights of minors and making sure that they know what they are doing when they join the Armed Forces, we have to be realistic and realise that, for some young people, the opportunities for training, education and turning their lives around are available at the age of 17 but may not be 12 or 18 months later. We should look at the whole picture when we talk of issues of that kind.
I end by reinforcing some of what has been said about the need for proper reporting on where we get to on the military covenant. From the speeches that we have heard already, it seems to me that there are loose ends and concerns about exactly what will happen in practice. When the noble Lord, Lord Lee, spoke about relevant Ministers having to report on their own departments, he made a very strong case. At the moment, we have a Secretary of State for Defence who is going to have to report on health, education and housing, none of which is in his immediate remit, but he will not report on, for example, pensions, pay and allowances, and redundancies. Therefore, I think that there is still some scope for clarifying the situation here and for finding a way of making reporting more effective. As has been mentioned, we are talking about 10 million people—one in six of the population—and we have to get right not only co-ordination but reporting, accounting and monitoring. Unless we get that aspect right, we will not be able to go on to make the improvements that we need in the future.
Lord Thomas of Gresford
My Lords, I declare an interest as chairman of the Association of Military Court Advocates. I am very grateful to the Minister for the meeting that we had at lunchtime today, and I hope that there will be many more such meetings during the passage of the Bill. I was a bit startled to hear my noble friend Lord Burnett say that lawyers should be kept well away from military matters. My mind went back to a Welsh lawyer—a Liberal from Wrexham, my home town and home of the Royal Welsh Fusiliers, I am pleased to say—George Osborne Morgan, Member of Parliament. He was the Judge Advocate-General in Gladstone’s time and he abolished flogging in the armed services in 1881. He was a mild mannered person; he was not a military man at all. He was more interested in Sunday schools and in closing pubs in Wales on a Sunday. I think that lawyers have a contribution to make. Indeed, one of the senior judge advocates said to me the other day, “Thank God for the Strasbourg court. Because of the decision in Findlay v the United Kingdom, there have been massive improvements to the justice system in the military”. Indeed, the 2006 Act, which was produced by the previous Government, was a milestone in improving the way in which justice is administered in the military courts.
One problem that remains is that of the CO summary punishment powers, where the proceedings do not comply with the right to a fair trial, as embodied in Article 6 of the ECHR. It is a summary procedure where the CO is, by definition, in the chain of command. The CO has extensive powers of summary trial. He can deal with absence without leave; neglect of duty; malingering, such as shooting yourself in the foot; conduct prejudicial to good order and discipline, which is no doubt a charge that many people recall; fighting; damaging or misapplying public property; and the looting of enemy vehicles and stores. Those are all within the CO’s competence.
The noble Lord, Lord Selkirk, referred to the Crimean War. I recall that looting was an issue in the Peninsular War at the Battle of Vitoria in 1813, when British soldiery plundered the French wagons and loaded themselves down with as much as they could carry to the tune of £1 million. They did so to the fury of the Duke of Wellington, who called them, with little gratitude for their efforts in the battle and without any affection for them, the “scum of the earth”. Their first duty, he thought, was not to loot but to pursue the enemy. However, I digress.
The CO’s punishments are limited to: 90 days’ detention, forfeiture of seniority for officers, reduction in rank for warrant officers and below, fines of up to 28 days’ pay, compensation not exceeding £1,000, and a severe reprimand for officers or NCOs—and this is in a non-compliant jurisdiction. There is no power to dismiss from service, as there is in a court martial, but these are serious punishments and it is obvious that the limitations on punishment are an inducement to soldiers, airmen and seamen to accept summary trial before the CO. To comply with the convention rights, an accused has the right to elect trial by court martial, a right granted to him by Section 129 of the Armed Forces Act 2006. But what if the prosecutor decides to change the charge or to substitute another? I am pleased to see that Schedule 1 to this Bill provides the safeguard that in these more complex situations a court martial will not exceed the sentencing powers of the CO when an accused elects trial. That is to be welcomed.
Also to be welcomed are the provisions in relation to the service police. I have been involved in a number of courts martial and the weakness is always the investigation. It is very difficult for service police to carry out investigations outside this country, dealing with people who are not necessarily nationals with very limited resources. I am pleased to see that this Government are doing something to improve the organisation, and I hope the resources, of the service police.
I also welcome the extension of the drug-testing regime to service personnel and CSSDs—civilians who are serving abroad—who are suspected of being impaired through drink or drugs before an incident occurs. I also applaud the new offence for a member of the Armed Forces who is carrying out a prescribed duty when under the influence of drink. In historical mode, I recall the Battle of Crysler’s Field in the War of 1812 against America when British forces, hopelessly outnumbered, succeeded. The American General Wilkinson was too drunk to get out of his bed on board his ship, which was moored in the middle of the St Lawrence river. Drink has always been a problem.
I also welcome, as do the judge advocates themselves, the powers now granted for a qualifying judge advocate to sit in the Crown Court. Most of them will be very familiar with the Crown Court, having served as advocates during their legal careers, but sitting in a judicial capacity in the Crown Court will undoubtedly widen their judicial horizons beyond the military family, not least in sharing experiences with Crown Court judges. There must be two-way benefits. It is a mark of the increasing stature of the military justice system that judge advocates will move to sit in the Crown Court on civil charges.
Other speakers have focused on Clause 2, on the military covenant. I join them in the general welcome for this clause, which recognises that the major worry for soldiers in the field is not so much for themselves, because they have signed up for excitement and danger, but for their families at home and their education, housing and support.
I will raise again the matter of the veterans’ courts, which have had such success in the USA. We undoubtedly have a significant number of veterans in the prisons of this country, who tend to be older and in for more serious violent and sexual offences. The courts that they have instituted in the United States are specialist courts which offer tailored support to veterans who have committed non-violent offences to help them get their lives back on track. Ex-service mentors guide each veteran through the court process and ensure that their housing, mental health, employment and substance abuse issues are resolved. I commend the interim report of the Howard League, Leave No Veteran Behind, to which my noble friend Lord Lee referred. The inquiry team from the Howard League recently visited the Buffalo Veterans Treatment Court, presided over by Judge Robert T Russell, which has as its mission to rehabilitate veterans by diverting them from the traditional system and providing them with the tools they need to lead a productive and law-abiding lifestyle. I know that there are concerns about costs, particularly at this time, and about whether we have other, existing ways of dealing with these problems, but I hope to address those issues and raise this matter of veterans’ courts in Committee so that we can have a thorough examination. If it passes that examination, I shall propose that it be adopted by the Government.
Lord Craig of Radley
My Lords, five years ago when this House considered the Bill that became the Armed Forces Act 2006, it was, as the Minister has reminded us, a completely new Bill. It replaced rather than amended earlier single-service disciplinary Acts. Every word and clause of the Bill before the House reflected the intended Act. A number of amendments to the text were agreed—I moved some of them. In due course, what we had been considering became the 2006 Act. This time, the Government have reverted to the traditional quinquennial approach. This Armed Forces Bill renews and updates the existing one. But I find it a right mess doing it this way compared to the approach in 2006.
This Bill is over 50 pages of detailed changes to the 2006 Act. It inserts a section here; it substitutes one section for another there; it amends a subsection; it inserts new words; it repeals or revokes bits, parts or all of earlier legislation; it introduces new schedules or changes to existing ones. The insertions, substitutions, repeals et al can be numbered in dozens, not just an odd one or two. Some are described as minor; some are listed as miscellaneous. There is a raft of them entitled “Other amendments”. I can see no obvious reason for differentiating in this way, unless it reflects the preparation of the Bill and new thoughts and ideas as they occurred to the drafters. The Bill before the House is little more than a whopping great marshalled list of amendments to the wording of the 2006 Act. Is it just convention that the updating of the 2006 Act must be done in this muddling way? If it were possible, I would have tabled an amendment which proposed that the Bill before the House be presented with all the changes, substitutions, amendments et cetera carried into a new Bill for debate and consideration in Committee and on Report. This legislation, dealing as it does with disciplinary matters, should be comprehensible to service personnel and not just an Act cobbled together and worded for lawyers and other legal experts.
The Bill before the House does introduce one new and untried requirement. Clause 2 is entitled “Armed forces covenant report”. Its wording is to be inserted after Section 359 of the 2006 Act as new Section 359A. Section 359 of the 2006 Act is one of a number of sections towards the back of the Act listed as “Miscellaneous”. Section 359’s title is eye-catching: “Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War”. They were veterans, but is this the best place that the drafters can find for the covenant section? Is this not an unfortunate juxtaposition for the requirement to report on the covenant, a covenant to which the Prime Minister and many members of the Government have given their strong support? I invite the Government to think again about the placing of this amendment. Appearances can be important. These sections would be listed next to each other in the table of contents of the Act. What about Part 14, titled “Enlistment, terms of service etc”? Why not insert here a new heading—“Armed Forces covenant”—and put the wording of Clause 2 after Section 339 of the 2006 Act, numbering it Section 339A?
Clause 2 is titled “Armed forces covenant report”, which clearly indicates that an Armed Forces covenant exists. While I accept that to introduce a statutory description of a covenant would be neither practical nor sensible, it is still important to have an understanding or non-statutory description of the reach, the length and breadth, as it were, of the matters considered to fall under the heading of the Armed Forces covenant. The Secretary of State, Dr Fox, described it in the other place as,
“fundamentally a moral obligation on the Government, the nation and the armed forces. It is an agreement between the armed forces and the whole nation, not just the Government”.—[Official Report, Commons, 10/1/11; col. 47.]
This is pretty woolly. What has been or will be agreed? The MoD internal briefs published on 16 May 2011—The Armed Forces Covenant, to set the tone for government policy, and The Armed Forces Covenant: Today and Tomorrow, to detail current actions being taken to deliver the covenant—are both helpful. They should be widely distributed because they will provide useful benchmarks for judging outcomes in the future.
Clause 2 requires the Secretary of State to report to Parliament each calendar year, on issues of healthcare, education, housing and any other fields he may determine. However, none of these seems to be his direct responsibility so far as veterans who have left the services are concerned. How then is he to produce an authoritative report on fields for which he has no responsibility? He must seek advice from other government departments, from devolved Administrations and other regional or local authorities. He is required by Clause 2 to draw attention to those who may be disadvantaged in comparison to other non-military persons. On whose judgment must he rely? Does he exercise his own judgment? He is expected to have an opinion according to Clause 2 and to respond to that opinion if it covers some who are disadvantaged.
While not wishing to disparage the Government’s good intentions, it is most important that the report and their reaction as a Government to what it says are well thought out and presented. It will not be just the annual report but the responses to and actions taken on the report that will really matter. Who will be held responsible for that?
I have argued before that placing responsibility for veterans who have returned to civilian life on the shoulders of the Defence Secretary is not reasonable. Responsibility for veteran affairs reaches out in many different directions. The previous Government recognised this. Three years ago Command Paper 7424, a White Paper, introduced valuable and far reaching arrangements focused on the Cabinet Office and an external reference group, now renamed the covenant reference group. This group reports to the Prime Minister and Defence Secretary annually.
I have proposed before that this arrangement could be strengthened by transferring the Minister for Veterans to the Cabinet Office, where he would be better placed to gather and consider the various fields of interest to veterans and the ways in which they are supported in the wider community. I was interested to learn from the noble Lord, Lord Morris of Manchester—who I am glad to see in his place—that when he was invited by the then Prime Minister to become Minister for the Disabled, the noble Lord insisted he should not be placed within any of the normal government departments because the interests of the disabled and their support spread right across government. Veteran support too spreads across many fields. Why not look after them in a manner akin to the immensely successful way that the disabled were first supported some 40 years ago? It is an approach I strongly urge the Government to consider. It would give practical meaning to their support for the Armed Forces covenant.
Finally, on Clause 5 about the appointment of provost marshals by Her Majesty the Queen, what arrangements will be required if an individual provost marshal fails in his or her duty and has to be removed? Perhaps the noble Lord will be able to explain.
I also echo the strong feelings about the need for the chief coroner, which have been expressed before many times in this House and have my strong support.
Baroness Fookes
My Lords, the noble and gallant Lord, Lord Craig, has shot my fox because one of the points that I wanted to make—I will still aim another bullet at it—concerns the incomprehensibility of any one piece of legislation if one seeks to know what the law is on the subject. I share the noble and gallant Lord’s distaste for simply amending the previous Act. Unusually, we have the chance to amend the Act every five years for constitutional reasons that have already been touched upon. As it is the only piece of legislation for the Ministry of Defence, I would have thought it possible for the MoD to start to work on consolidation from now on so that when we next get to the five-year point we will have a Bill that is complete in itself. I once served on the Joint Committee on Consolidation Bills. It met but rarely. Here we have an opportunity to put the matter right, at least in one piece of legislation.
On the new part of the legislation on the Armed Forces covenant, I slightly disagree with another noble Lord who felt that there was a weakness in giving the Secretary of State considerable flexibility in what he might choose to bring into the annual report, which will be his duty. I think that can be a strength rather than a weakness. If something is too prescriptive, it is very easy to find a little way down the line that it does not cover what you wish it to cover. I prefer to give the Secretary of State a little more leeway. I regard this new arrangement as an experiment. I hope that we will develop, refine and improve it year by year. I do not look upon it as being totally static and never to be changed, but that we can improve upon it.
I have one or two questions for the Minister. First, other than the measures for education, health and so on that are already listed in the Bill, does he have anything else in mind at the moment? If he does not, perhaps I may make one or two suggestions.
One suggestion relates to the Chief Coroner. As far as I was concerned, the whole point about the Chief Coroner was that he was given the power to ensure that coroners engaged in military inquests had sufficient training. This was, and remains, a key point for me. I point out that although this was in legislation brought by the previous Government, it was introduced because they were virtually forced into it by the then Opposition losing the day when they had said it was not necessary. However, the balance is now redressed because my own Government are seeking to get rid of it altogether.
I suggest to my noble friend that this might well be an issue that the Secretary of State could include in his annual report. Ensuring that military inquests are dealt with by coroners with sufficient experience to do them properly could be one of his duties in the annual report. That would deal with a real worry that many people have felt. In the early days, when there were a number of deaths, the coroners did not have sufficient knowledge and experience of the Armed Services and their ethos, and this caused many of the families great strain, including of course to the war widows, of whose association I am very proud to be president.
That brings me to another issue. The reference committee—or whatever it will be called—which is going to advise the Secretary of State on the various issues that will form the basis of the annual report, does not seem to be in the Bill. I may be mistaken, but if it is not in the Bill it should be a statutory body. It might well need to alter its membership, but if it is not there, what is to stop a Secretary of State who is not particularly interested in all this discontinuing it? If the Secretary of State is to be fully informed, it is absolutely vital that he has all these inputs from bodies such as the War Widows’ Association and SSAFA Forces Help, of which I am a vice-president nationally. One of their strengths is that they deal with individual cases of servicemen, ex-servicemen and their families, so they are at the sharp end and know exactly what the problems are. That kind of information is absolutely vital if we are to have an annual report that means anything at all.
Another issue, which was raised by the BMA in a briefing to me and no doubt to other noble Lords, is medical reservists. They can be called up—at very short notice, of course—but they have found that in many cases being called up actually puts their primary career at risk, particularly if the NHS organisations with which they are associated are difficult about it or maybe have different policies. I suggest to my noble friend the Minister that that kind of difficulty could be ironed out as a result of the annual report. I am of course fully aware that—other noble Lords have made this point—in many cases the Ministry of Defence, and indeed other government departments, have no direct control over the actual people who are going to be helpful or otherwise: the doctors’ surgeries, those responsible for waiting lists, and so forth. I am not sure what the answer is to that, save that if there is a body of evidence that is very clear and well set out, it might have some influence as opposed to power. That is at least what I am hoping for; we shall have to see what the result is.
All in all the Bill is a very good development and I wish it well, and I hope that by the time we finish we shall have improved it with some constructive amendments.
Lord Stirrup
Before the noble Baroness sits down, I wonder whether she will allow me just two seconds, for the sake of clarity, on her point about the need for flexibility in what the Secretary of State reports. I absolutely agree on the need for that flexibility; I was merely suggesting that there should be some marking of the way in which he exercises that flexibility.
Lord Davies of Stamford
My Lords, I too greatly welcome this Bill. As has already been pointed out several times by my noble friends Lady Crawley and Lady Taylor, and indeed by the noble and gallant Lord, Lord Stirrup, there is a very large element of continuity between this Bill and the Command Paper introduced by the previous Government in 2008, when I had the honour to be serving in the Ministry of Defence, though I had nothing directly to do with that particular Command Paper except as one of the ministerial team. That continuity is very desirable, and it is moving in the right direction. I do not think that we have necessarily got to the end of the road.
The two points where there may well need to be some strengthening or further progress are again ones that have already been mentioned. First, the provision that the Secretary of State can use his own discretion to report on anything other than the three very important items of housing, education and health, is slightly loose. A number of very important issues have been raised in the debate this afternoon, notably military inquests and pensions; they are not included in that list. There may be scope for increasing the number and the range of items which the Secretary of State has to report on, because with the best will in the world, it is all too easy, if one is a Minister, to avoid making any statement on something that is not politically convenient, or perhaps not politically convenient for colleagues to comment on, if one is not absolutely obliged to do so.
My second concern was elegantly set out by the noble and gallant Lord, Lord Stirrup. It is very important to make sure that there is some progress, that results actually ensue, and that this is monitored. If we do not succeed with this Bill, particularly in the important areas of housing, health and education, the next stage would be to place statutory obligations on local authorities for housing lists, local education authorities for education, and the NHS for dentistry and waiting lists, to ensure that military personnel do not suffer in any of these respects from the need sometimes to relocate at very little notice as part of their military obligations.
As this is a Bill which gives the statutory power to the Executive branch to have Armed Services at all, it is a good moment to review the Government’s stewardship of our Armed Forces and the Government’s use of our Armed Forces. I will touch very briefly on these two vast subjects.
The Government’s stewardship of the Armed Forces over the past 14 months since the election has been lamentable—absolutely appalling and really scandalous. The Armed Forces remain pretty stretched, they have been stretched even more by the Libya campaign, and yet we are about to make redundant several thousand experienced military personnel. The degradation of the equipment programme is an even more serious long-term matter. The House will be familiar with a lot of it—it is extraordinary; we have abandoned all long-range maritime surveillance capability. We abandoned those Nimrods, which were going to deliver that, after every penny of their capital cost had already been incurred. Nothing but the operating costs remained. The Government have not come forward with any proposals on how to replace that enormous capability gap. We have abandoned—at least for 10 years, we are told—our carrier strike capability, which is an extremely serious matter.
Another matter came up in this afternoon’s statement on Afghanistan—Chinooks. I was able—at great effort, I must say—to make tremendous and very radical changes in our whole medium helicopter strategy, which enabled me to put together a pot of money with the intention of spending it on Chinooks. As a result we were able to order 22 Chinooks, bringing the total prospective number up to 70, and the Government, I am told, want to cancel 10 of them. This is the same Government, by the way, who, when they were in opposition, had the nerve to tell us that we did not have enough helicopters in Afghanistan. I am afraid to say that the Government are condemned by their own words, but I do not mean to say any more on that particular subject.
It gets worse. In addition to these cancellations of capability which we had acquired, were acquiring, or were planning to acquire, the Government have had a complete hiatus in their procurement programme over the past 14 months.
Lord Davies of Stamford
Of course, but I am conscious of time and I will take maybe another minute or two of the House’s time if I have to give way.
Lord Selsdon
I was only going to say that I think we are debating the Armed Forces Bill.
Lord Davies of Stamford
I am very well aware of that. The Armed Forces Bill is designed to give the Executive branch the right to have our Armed Forces. We therefore need, before we give them that right, to discuss how they are treating our Armed Forces at the present time, and what they propose to do with them in the future. It is absolutely elemental. I cannot imagine why there should be a constitutional requirement for Parliament to give this power to the Executive branch unless we discuss those two very important matters, so I do not in any way regard myself as being offside in the matters that I have decided to raise in this debate. I can well understand the Conservative Party feeling embarrassed by some of the things that I am saying. That is not my fault; that is the fault of the Government that they support.
As I said, the situation is worse because of the hiatus in procurement at the present time. All of us who have been defence procurement Ministers—there are several in this House, and at least one who I can see in the Chamber, the noble Lord, Lord Lee—have always taken great pride in delivering what is required today for our Armed Forces. However, we know that during our time in office we will be procuring some long-term things, and that although we will not be around in the MoD when they are required, they are vital for the nation’s future. None of these decisions has been taken at all over the past 14 months. I cannot remember how many major projects I was responsible for—I suppose I could if I thought about it—but my successor has not had any at all. It is not his fault. Indeed, I can all too well understand the frustration and pain he must feel about the situation. This means that we are simply not providing for the future in this way. The Prime Minister has recognised that in order to deliver the capability that the strategic defence and security review promises in 2020—even the limited capability, greatly reduced from our own White Paper of 1998—it will be necessary to increase defence expenditure in real terms from 2015. But the Treasury has not been told that is the case and is not allowing the MoD to make any of the long-term procurements which would be necessary to achieve that capability goal and would assume an increase in availability of resources from 2015. The Government have to make up their mind; the Prime Minister has to play straight. Are we going to have more for resources after 2015 and are we going to take seriously the capability projected in the defence and security White Paper, or are we not? Let us be honest. At the moment, the Government are not being entirely straight with the public about this very important matter.
Lord Wallace of Saltaire
I apologise for interrupting but I would simply like to point out, although I know this is rather off the subject of the Bill, that after 2015 we may have another Government, and committing ourselves to long-term defence commitments beyond 2015 is something that we have to consider in rather a different way. Perhaps the noble Lord is assuming that it will not be a Labour Government after 2015, or he is committing a Labour Government to increasing expenditure substantially after 2015. I was not aware that that was yet Labour policy.
Lord Davies of Stamford
The noble Lord will know, I am sure, that defence procurement requires spending money now for capability that will come forward in 10, 15 or 20 years’ time. If you do not spend money now, you do not get that capability coming forward. We spent a lot of money exactly on that basis, as the noble Lord should know, in a naval building programme, in projects for which I was responsible—the A400M and the Typhoon tranche 3, and so forth. That continuum has now stopped. It is exactly like a business that needs to invest every year, which suddenly stops investing. It will pay the price for that five, 10 or 15 years down the road.
Finally, I want to say a word or two about operations and about the use by the Government of the Armed Forces that Parliament allows them to have. I am not going to say anything about Afghanistan, as we have had a Statement on that very important subject this afternoon and I have expressed myself on one aspect of that. But I shall say a couple of words about Libya. First, it appears that the cost of keeping our Tornados in the south of Italy some hour or two away from their targets, with a requirement to provide in-flight refuelling is at least as great or maybe greater—perhaps the Minister will answer the question and tell us which it is—than the cost of continuing with the Harriers and “Ark Royal”. We all knew that the decision would be disastrous over the long term, but it looks as if it may not have been a very clever decision in the short term. The French are using the “Charles de Gaulle” air carrier and they are only half an hour away from their targets. As a result, they do not need any in-flight refuelling capability. The Harriers did incredibly well, as the Minister knows—he knows a lot about these things—in Afghanistan, in ground support and ground attack roles, and could have done extremely well in Libya. That is my first point; I would be grateful if the Minister could respond to it.
Secondly, I am very much afraid that in Libya our Armed Forces are being asked to undertake an operation in which they are being denied all the traditional military means for success. They are operating under two resolutions, 1970 and 1973, which we of course promoted and which mean that we cannot provide arms to the rebels or opposition—our side, apparently the good guys, whom we are trying to support. They cannot put troops on the ground and they cannot provide any support to the operations of the rebels or the opposition—fire support of anything of that kind. It is a strange and worrying situation when we find ourselves asking our military to perform operations in difficult circumstances, although circumstances are almost always difficult when Armed Forces are deployed, but when the obvious military means are not available to them. I simply point that out. I am a great believer that once our forces are engaged, we should support them, and I am not querying this operation. But I would like the Government to think very carefully about undertaking operations under the aegis of resolutions from the Security Council of this kind, which so inhibit our own flexibility and our ability to deliver the desired result.
Lord Addington
My Lords, I thank the Minister for bringing this Bill in. It is interesting to speak on a Bill that goes directly back to the Glorious Revolution. I return to the substance of this particular piece of legislation, and particularly Clause 2.
The covenant is something that we all discovered a few years ago, in varying degrees—or had it put in those words to us—in the background of a nation that found itself knee-deep in two wars, when there were considerable problems with the Armed Forces and how they were organised at the time. To be fair, in large part those problems have been addressed in recent years. It is very reassuring that we finally have something that we can refer to as a framework for dealing with the covenant in implementing it, but it is only a framework and a suggestion. When the noble and gallant Lord, Lord Stirrup, was speaking, I found myself agreeing totally with him; he spoke in exactly the terms in which I was going to suggest we spoke about this. Indeed, the same bit of Kipling had occurred to me, to be perfectly honest. I would have expressed it not as elegantly by saying that we have a nasty habit of addressing the future as a tarted-up version of today.
A report to Parliament under the current circumstances that was critical of what the Armed Forces were doing would be an embarrassment to the Government for at least a week. It would mean that the entire political village would shake with indignation and rage and would be open to attack from outside—quite rightly. However, what if we have a decade when we do not have anywhere near the same level of commitment and casualties? The noble Baroness, Lady Taylor, is no longer in her seat; it is a long debate, and I do not hold that against her. But I remember having to discuss Question after Question—the noble Lord, Lord Astor of Hever, was there as well—when a list of casualties was read out. If we remove that, how much energy and attention can we focus on these issues and this report?
We have heard many things that would help this report. My noble friend Lord Lee really put his finger on it when he said we had to make it apply across Government. That is one of the best and most constructive suggestions I have heard on a Bill in a long time, and I only wish I had made it. To address this matter properly, we must try to put in more infrastructure in the way this report reverberates throughout the political system and Parliament. If we do not, it is going to struggle.
My noble friend said I would talk about the implementation of this provision. I suggested that I do that, because most of my political background has come from the area of disability rights and campaigning. Here is an area where we have a great deal of law, and it is generally thought that you need to be lucky, persistent or rich to get the best out of the system. Law does not guarantee it. The great joke in the disability world is that if you are going to be disabled and successful, choose your parents correctly. The general consensus is that having a lawyer and a journalist as parents is a very good way in which to get the best out of your legal entitlements. We have to get something that does not go back to that type of implementation. This is another way forward. We must do something that generates enough steam to make sure that it matters—it is not just a rough day for one Minister, it is that rough week for the whole Government. We have to try to implement that and going across the other departments will be a way forward.
To address the covenant itself, I think that there should be a fourth element in here, in proposed new subsection (2)(a). I would like to see some form of training for those who are leaving the services, for how to access the outside world and civilian life. That point of interface is where it is quite clear, with the best will in the world, that all the Armed Forces have effectively failed. They have not covered that gap. It is quite common, when you go from two structures—looking at other bits of government, including education and the care services—that you can go through dozens of examples of this where that interface is badly handled by various departments, when the Chinese walls kick in. We have to try to address that in some way; it may not be in the Bill, but we must get the Government to talk and think about the culture here.
The problems with ex-servicemen are probably greatly exaggerated in certain fields, but they exist, when they find themselves adapting to outside life. Indeed, why do people join the Armed Forces in the first place? Possibly they like a structured environment and, if they do not, they have probably got used to a structured environment when they are there. How we handle that change is something we should address, and this Bill would be an opportunity to do so.
I hope that my noble friend will give us some indication of how the Government’s thinking is going in dealing with these practical matters. I salute the Government for finally making sure that we make the covenant real and more tangible, but this is only the first step. Making sure that we can take the next step easily and develop it would be a real benefit to future Parliaments and anybody involved in this, because if we do not, we will have this stop-start approach which ultimately leads to legislation and legal action, because it is the only way one can do anything. We want to avoid that whenever we can, but this is a good start, it builds on good practice and I wish it well.
Lord Bilimoria
My Lords, let us imagine a dream scenario; one in which the public are 100 per cent behind the Armed Forces, combined with a public who are 100 per cent behind the Government, who themselves are 100 per cent behind the Armed Forces and finally, a public who are 100 per cent behind the way in which the Government deploy the Armed Forces. In Iraq in 2003 the public may have been 100 per cent behind the Armed Forces, but they certainly were not 100 per cent behind the deployment. This would apply equally to Afghanistan—sadly, it has been 10 years and we are still there. There are announcements of troop withdrawals and senior people have been saying that the timings of those withdrawals are linked to political timings here and in the United States.
The military covenant is a two-sided coin: the Armed Forces are unquestionably willing to make the ultimate sacrifice, whether or not they agree with where and why they are deployed. We know that they are doing this time after time and day after day. The amazing esprit de corps present in the Armed Forces is something that every business in this country could learn from. It is this spirit that inspires such incredible loyalty, commitment, and sacrifice; a spirit that is upheld unilaterally, a spirit that we, as a nation, are always grateful for. To be accused of taking the Armed Forces’ side of the military covenant for granted is an awful thing, and yet the sacrifices are made time and again by our Armed Forces without question.
My late father, Lieutenant-General Faridoon Bilimoria, was commissioned into the Gurkhas, commanded his Gurkha battalion in war, was colonel of his regiment, the 5th Gurkhas and was president of the Gurkha Brigade in India—the Gurkhas were his life. I will never forget that whenever my father asked one of his Gurkha soldiers to do something, the answer that came back from Gurkha soldiers was not, “I will try”, or, “I will do my best”, it was always two words, “Honcha hazoor”. Translated, that is, “It will be done, sir”. No ifs, no buts: it will be done. That is the spirit of the Armed Forces.
To continue with my dream scenario, I see fully financed Armed Forces with the best and most appropriate equipment for known and unknown requirements. A stark example of our falling short is the SDSR being rushed through in three months when it took a year last time; an SDSR that, many say, looked at the means and not the ends; an SDSR that, in my view, has clearly not thought through Britain’s foreign policy strategy and defence strategy.
As a country, we want to intervene when we are needed. Nobody predicted the Arab spring even as we in this House were debating the SDSR last autumn. We were not prepared and now we are in a ridiculous situation, with no aircraft carriers and no Harriers, conducting our Libya operation with Tornados from Italy and Typhoons from Britain. We do not have the Nimrod AWACS cover that is desperately needed. We have been caught off guard.
I am delighted that the military covenant is being included for the first time in an Armed Forces Bill. This is wonderful news. I believe that it is very important to have a report on the state of the military covenant every year and I believe that to have the covenant written into law would lead to incredibly complex circumstances with endless court cases and laws which would be very difficult to apply in the conditions in which the Armed Forces operate. Could we not, though, come up with a better name than the external reference group, or the covenant reference group? The covenant is too precious to be referred to thus: it is at the heart of the Bill, so, please, may I ask the Government to change the name?
Constant scrutiny of whether the military covenant is being honoured is needed and we often fall short. What about accommodation? I hope that it is reported very specifically that we are still falling far short of the mark, particularly when it comes to the Army. Are we going to do our best to attract the brightest and the best? Will the Government commit to maintaining the boarding school scheme? Where healthcare is concerned, I know we have a high-quality unit in Birmingham and we have Headley Court, but is there adequate priority for all our serving officers, veterans and their families? My father passed away in a military hospital. We do not have those any more, but India does. My mother will benefit from military care for the rest of her life.
There is no question that our Armed Forces, particularly at the low end, do not get paid enough to justify the work and sacrifice they are willing to make. Will the Government address this? This is very much part of the covenant.
Most importantly, the military covenant is about trust and confidence: trust that the Government will always put the defence of the realm first, as its top priority, and trust that they will never let our brave troops down in any aspect. We know that we have the trust and the faith of our troops: we know that they hold their side of the bargain, in spite of breaches, I believe, in our side of the covenant over many years, but our troops need the confidence that they will always have the support of the people, that they will always feel they are fighting for a cause that is appreciated.
I have another word: morale. That is the key word that esprit de corps is linked to. It will exist only if there is an alignment between public backing of the Government’s decisions, financial support in welfare and equipment and the treatment of our troops and their families, as the noble Lord, Lord Thomas, said. This is before, during and after their deployment in conflict zones. If there is no alignment, we put the covenant at risk, and we have been pushing the boundaries of this alignment for years. Regardless of technology, robot warfare and drones, there will always be a bare minimum number of troops needed. No amount of technology can make up for feet on the ground, and morale is being affected by the thousands of our service personnel being cut in each of the services today. How can anyone serving feel secure with all these cuts around them every day? How can there be good morale? It takes the stroke of a pen to cut thousands of troops. It takes years to train them and to rebuild those numbers should we ever require them. We are being so short-sighted here, quite apart from the constant pipeline that needs to be filled, even with the cuts. We need to attract the best quality recruits possible to what they see as a secure career.
I remember when my father was General Officer Commanding-in-Chief of the Central Indian Amy with 350,000 troops under his command over an area several times the size of Britain. Whenever I visited him I saw that everyone had a smile and I said, “Dad, what’s the secret of this?” He said, “The secret, my son, is that it is no good just to have an efficient army; you need to have a happy and efficient army”. That is how important morale is.
Our defence spending is now half, as a percentage of GDP, what it was 25 years ago. We must ask ourselves, are we providing enough support? The service chiefs have been speaking out individually about the lack of resources. Historically, this is highly unusual. Just imagine the lengths to which these individuals have been pushed in order to feel the need to speak out. The Prime Minister’s response to the service chiefs was, “You do the fighting, I’ll do the talking”. Everyone I have spoken to thought these words were unwise and insensitive. This Government have been accused of being a Government of U-turns. I would prefer to think of them as a Government who are willing to listen, to analyse different views and not simply bulldoze through policy, and to change plans if necessary. The Minister holds regular meetings to listen, which I genuinely appreciate. I know that the Prime Minister’s heart is in the right place when it comes to the Armed Forces, but when he says that, for the Armed Forces, he will do the talking, is he walking the talk?
To conclude, we may be a tiny nation, but we are still one of the seven largest economies in the world. We still have one of highest defence budgets, in absolute terms, in the world, despite the current cuts. We have influence and the ability to intervene when we require it and feel it is necessary. Our first line of response should always be soft power, but that soft power is hopeless without the hard power if we want to maintain the capability to defend our realm and to intervene where there is little or no choice and where we feel we need to.
Libya has provided us with a harsh warning. If we are to be ready for the unexpected, then the military covenant must be implemented in every way. Then, and only then, will it be a true covenant, a true two-sided coin based on mutual trust and confidence. Then my dream scenario will become reality and, where the military covenant is concerned, we will truly be able to walk the talk.
Lord Empey
My Lords, I am conscious that in the debate today there are many noble, and noble and gallant, Lords in the Chamber who have years of experience in this area. Indeed, until a few moments ago we had two distinguished former Secretaries of State for Defence in the Chamber, and there are a number of former Defence Ministers here today. There are many people here with far more expertise than I have. Furthermore, I thank the Minister for adopting an open-door policy about these measures. It is helpful to Members to know that they can go and have their concerns addressed in that way. I appreciate that.
I welcome the Bill, particularly the covenant, which I shall speak on. It has to be based on the following principle: if we ask a service man or woman to go on to the battlefield on our behalf, as we have been doing increasingly in recent years, that person should know that so far as is practicable, irrespective of where they come from in the United Kingdom, the services that they can rely on if things go wrong and they become hurt or injured in some way will be applied equally to them and their families. In other words, they will go into battle without that postcode concern at the back of their minds—they know that if they become injured they have a reasonable expectation of receiving the services that they need, wherever they may live.
I have some concerns, which I will come to in a moment, but they are exaggerated by the fact that, as I understand it, those who become injured now have a greater expectation of survival than would have been the case many years ago, such are the advances in battlefield medicine. That means that people are coming home—and thank God they are coming home—in many cases to face 50 or 60 years of disability, be it mental or physical. I have seen it in my own area with my own eyes: a triple amputee or someone with similar characteristics who has survived, who is mentally alert and fit but requires a lifetime of support. I am not sure that we as a nation have fully grasped the significance of the downstream consequences that a number of our services are going to face. I am not sure whether it has been costed out; I do not know how we would even begin to do so. However, we have an obligation to provide those people with the best services that we can.
The Bill is a first step. I see that in the other place an attempt was made to further codify this by the use of a phrase like, “Armed Forces charter”. An attempt was made to analyse and define more accurately what the covenant should consist of. However, I support the Government’s general principle that you can overplay your hand on this, and we need a degree of flexibility. So I am broadly content with the concept behind the covenant but I have some significant issues with the practicalities.
The Secretary of State has to make a report, and I welcome that, but, as many Members have already said, he is not in control of many of the services that he has to report on. Housing, health and education were mentioned, but the Bill provides that other issues could be brought to his attention. Issues concerning training have been mentioned. We know that unfortunately many returning service personnel collide with the justice system—disproportionately, I have to say—so there is a range of things on which the Secretary of State might find that a report is required.
One other issue is perhaps not highlighted as much, although the noble and gallant Lord, Lord Craig, picked this up in a Question some weeks ago; that is devolution. Under devolution, virtually all those services are under the control of the devolved Administrations. The Secretary of State therefore cannot deliver a report to Parliament off his own bat unless he has the full co-operation of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. In order to keep a level of service that is broadly equivalent, we need to work closely with the devolved Administrations, and the Minister mentioned that in his opening remarks.
I want to talk specifically about Northern Ireland. All those services are devolved there but we have to face the fact that there is not in all quarters the same approach, welcome or support for the armed services. We have a circumstance in Northern Ireland where in the key area of education we have a Sinn Fein Education Minister. I do not think that I need to paint the picture any further. We also have a technical issue in Section 75 of the Northern Ireland Act, where people are required not to discriminate against people or to discriminate for them. There is an issue that needs to be dealt with there.
Lest people think that I may be exaggerating this, I want to point out that last year a colleague of mine in the Northern Ireland Assembly, David McNarry MLA, introduced an Armed Forces and Veterans Bill. It went through its procedures and had hearings through a committee. When it came to a conclusion in February this year, a petition of concern was signed by the nationalist Members of the Assembly that meant that it had to go to a cross-community vote where, of course, it would be vetoed. We do not have to speculate; we now know that there may well be difficulties in getting the co-operation of that Administration in preparing the report. I hope that that can be avoided and that it is possible to talk to the Executive and the Assembly to try to avoid any unnecessary and unseemly dispute over this issue, which is important to many families. I say to noble Lords that we do not have to imagine this; it has actually happened. As the then party leader, I encouraged Mr McNarry to bring in the Bill in the Assembly. We knew that the issue was out there and had to be dealt with, but unfortunately it became a casualty of the political dispute that exists.
I want to avoid all those disputes if possible, and it will be my intention to bring forward amendments at the next stage to try to do so. I want to go with the grain of the Bill, not against it, as was put to me by one of the Minister’s officials; I do not want to overprescribe it. Equally, though, the Secretary of State cannot allow himself or herself to find that they are able to bring in only a partial report because, as the noble Baroness, Lady Taylor, pointed out during her address, there are loose ends. It will be up to us at the next stage to try to resolve those loose ends. I put those matters before your Lordships.
Lord Freeman
My Lords, it is a pleasure to speak from these Benches later than my noble friend Lord Selkirk, who made a powerful speech. I join him in welcoming and supporting the Bill. He mentioned in passing the work of SkillForce, in which he plays a very important part. I mention it because it is almost the covenant in reverse. SkillForce employs ex-service men and women, some disabled, in over 200 schools, to teach difficult 14 and 15 year-olds who are taken out for one day a week for two years. The results are outstanding. I pay tribute to the Ministry of Defence, which initiated the scheme and as its founder deserves great praise.
I welcome the Bill. There is a lot to be improved and discussed in Committee; but I do not think we should be churlish—the Ministry of Defence, its officials, and particularly the Ministers have done an excellent job in bringing the Bill forward. It has my full support.
I want to speak briefly about the Reserve Forces, and the relevance of the covenant and the Bill to them. I make no apology for doing so as the former president of the UK Council of the Reserve Forces and Cadets Association. The chairman was our former Black Rod, General Viggers. I am glad to say that he is recovering, albeit slowly, and I am sure that your Lordships would join me in sending to both his wife and himself all best wishes for a speedy recovery.
Clause 28 deals with the call out of Reserve Forces, and makes a very important change. For the first time, statutory powers to mobilise reserves in the United Kingdom will come into force. For disasters, whether natural disasters such as flooding, or a major problem with, for example, the forthcoming Olympics—though of course I hope that that will not be the case—we have for many years relied on volunteers. Now they are to be mobilised and called up, which will provide them with the protection of the covenant. They will get security in returning to civil employment, employer support, and cover for injuries and other health problems. This change is, I think, broadly welcomed in your Lordships’ House, and is certainly welcomed by the reserves. The national call-up, on a similar basis as that upon which we call up our reserves to serve in Afghanistan or Iraq, marks a very significant change, and one to be welcomed.
Turning to Clause 2, I very much welcome the fact that the reserves are being put on the same basis as the regulars. We should bear in mind that the studies going on in the Ministry of Defence at the request of the Prime Minister could see—and I emphasise “could”, as there is no certainty—a significant increase in our reserves over the next five to 10 years. The study called Future Reserves 2022 discusses capitalising upon the skills of our reservists, and increasing their numbers significantly, particularly in the light of draw-down from the regular armed services in Germany. Recognising the special skills of some of our reservists will not only be cheaper for the taxpayer, but welcome. The practical implication of Clause 2 in relation to treating the reservists in exactly the same way as our regular forces—and bear in mind that, after service abroad, reservists come back to their community rather than to barracks—is that they will benefit from the provisions of the covenant, particularly in terms of healthcare. The noble Baroness, Lady Taylor, referred to mental health problems, sometimes called “combat stress”, and not to be confused with the charity of that name. Combat stress is a growing and serious problem. Reservists may have served, let us say, 10 years in Afghanistan, and might only then begin to show the symptoms of combat stress, and thus need to be covered, as I believe they will be, by the covenant.
In passing, I pay tribute to the injured reserves working group which has pinpointed some of the key problems. I also pay tribute to the liaison group that deals with the employers of reservists. It has made an interesting and powerful contribution to the preparation of the Bill.
I hope that we will proceed with the Committee, Report and Third Reading stages very quickly. If that has to be in the spillover session or when we come back in September, then so be it—but, for Heaven’s sake, let us get on with it, so that we can have the first annual report in time for debate next summer or early next autumn. I hope that my noble friend Lord Wallace will give some indication of the expected timing of when we might debate the reports. I conclude by supporting the Bill and congratulating my colleagues on the Front Bench.
Baroness Drake
My Lords, defence matters are not my area of expertise. Many in this Chamber today are very well informed. I wish to speak on the practices and processes surrounding the recruitment of young people under the age of 18 into the Armed Forces, and the military covenant report. Last year 16 and 17 year-olds made up 29.8 per cent of Armed Forces recruits. That is a very significant proportion which carries with it a very significant responsibility for ensuring accountability for their care.
Recruits who enlist at 16 and 17, from disadvantaged backgrounds and with limited or no qualifications, have a much narrower choice of roles. They are concentrated into roles such as infantry service, which are more likely to involve frontline duties and which carry greater risk of death or injury. This is not an argument against recruitment. Rather, it is an argument for ensuring transparency, scrutiny and accountability when it comes to recruiting and discharging young recruits.
We owe an enormous amount to the men and women of the Armed Forces, who have chosen to fight for their country, for the risks they take and the sacrifices they make. They show enormous courage and dedication. As General Sir Michael Rose eloquently puts it, no other group,
“so expressly sacrifice themselves for the nation”.
The country owes a great deal to the service family and we should reciprocate with respect and protection. It is a very important part of the military covenant that those who are recruited into the Armed Forces as minors are protected. Undoubtedly many young recruits thrive in the Armed Forces, which provide opportunities, education, a career and a lifestyle. There are many stories of the personal achievements of young recruits, and for many the Army provides a rich and rewarding career. I congratulate those who work so hard with young soldiers, building their skills and their employment opportunities. However, when it is believed that the child’s best interests are served by joining the Armed Forces, that child’s evolving ability to understand risk or to change their mind is also important. The Armed Forces may provide an escape route for some young men from disadvantaged backgrounds but this will not work for all.
I fully acknowledged that a career in the Armed Forces provides opportunities to young men, giving them training, structure, self-respect, purpose and team skills. However, as in every sphere of public policy, anecdotal evidence alone is not a basis upon which to develop, make or defend policy. Recruiting under-18s is a policy choice worthy of report in the military covenant report. Looking at the figures available, and the information from the Defence Committee’s duty of care investigation and report in 2005, it is common ground that that the youngest recruits are, by a great majority, children from economically disadvantaged backgrounds, and of low educational achievement. The number of young recruits entering the services after leaving local authority care was also raised in that report.
For it to be a sufficient discharge of the duty of care to say that a parental or guardian consent is required, there needs to be a high level of confidence that parents are meaningfully engaged and involved. When a child has been in care, how truly involved are those with responsibility of guardianship? Whatever one’s viewpoint, I hope we can all agree that recruiting minors gives a compelling reason to ensure that the covenant is met for them, that the transition to being an adult member of the Armed Forces is founded on clear consent at 18, that there are no barriers to the choice made by young soldiers, particularly those of low educational achievement or those who have experienced social deprivation, and that that is so evidenced.
As the House will know, after the first six months in the forces, until three months following their 18th birthday, young recruits may be discharged at the discretion of the commanding officer. The Joint Committee on Human Rights commented in its May 2010 report on the Armed Forces Bill that a significant number of helpful statistics were provided by the Government. However, it expressed concern about the lack of statistics on the number of young people requesting discharge who were then either discharged or had their request refused, which made scrutiny of these arrangements difficult. It went on to comment that,
“without special provision for discharge (other than at the discretion of the commanding officer), there is a risk that continued service may not be considered voluntary … We recommend that a right to discharge for under-18s be established”.
The Written Statement made in the other place by Andrew Robathan, Under-Secretary of State for Defence, is to be welcomed. He said that,
“for those under the age of 18, the ability to be discharged will in future be a right up to the age of 18, subject to an appropriate period of consideration or cooling off”.—[Official Report, Commons, 19/5/11; col. 26WS.]
That right will, I understand, be introduced through separate legislation. However, there are still questions about the conditions under which that right will operate. Will any person enlisting under the age of 18 be clearly informed of this right? What will be the length of the cooling-off period? I ask because that Minister also said, on 14 June, in relation to that Statement, that,
“we shall make every effort to dissuade good young people from leaving if we wish to retain them”.—[Official Report, Commons, 14/6/11; col. 733.]
This leads me to ask such questions as: what type of dissuasion will the young recruit be subject to during that period? How will the Government ensure that a Minister’s benign intention to prevent a young man making a career mistake does not translate into a form of pressure?
I am sure that the Government have legitimate concerns about maintaining the quantity of recruits and reducing wastage in the costs incurred in training and investing in young recruits. I am sure there are many who will advise me that the Armed Forces have an effective framework in place for handling the transition from adolescence to adulthood. However, I return to where I opened: when 30 per cent of Armed Forces recruits are minors, it carries a high responsibility and warrants effective scrutiny. These concerns should be addressed by having a clear right of discharge for young recruits up to their 18th birthday.
The Bill enshrines in law a report on the military covenant from the Secretary of State, which must have regard to the unique obligations of and sacrifices made by the Armed Forces. It would be both right and appropriate for Clause 2 to provide for that covenant report explicitly to cover the impact of Armed Forces life on those recruited below the age of 18, including the long-term educational and employment outcomes for young people. This should not be a matter of discretion for the Secretary of State but a requirement, given the duty of care to those young people. When so many Armed Forces recruits are under 18, it places a responsibility on us all to ensure that the scrutiny and transparency of the experience of these children should be increased and assured. It would also go some way to addressing the concerns expressed by the Joint Committee on Human Rights.
Baroness Miller of Chilthorne Domer
My Lords, I shall confine my remarks to Clause 25, which is concerned with claims against visiting forces. The role of visiting forces in the UK is defined under the Visiting Forces Act 1952. We in Parliament have very little opportunity to explore and scrutinise the relationship between UK citizens and visiting forces. When questions are asked, they are usually batted back to the questioner with, “We don’t answer questions on matters of security”. There are many interfaces between UK citizens and visiting forces, whether for matters of trespass because the force bases sometimes cross footpaths that have been diverted, or because of protest at those bases. Therefore, it is important that we get any change to this legislation right.
The change proposed in the Bill is quite small on the face of it. At the moment, should a claim be made, the UK Government can handle and settle it, but it is still the visiting force’s responsibility to defend it. My question for the Minister is: why, and for whose benefit, is this change being made? There may well be a very good reason for it. However, when I looked at the Explanatory Notes to discover a little more, the change was explained in paragraph 108 as being made because it was very difficult for the sending state, which would find “itself in unfamiliar proceedings” as the defendant. I find it hard to believe that the USA would have great difficulty in finding a lawyer who could not cope with the unfamiliar proceedings in the UK to defend a case.
This is not a small problem. I am sure that noble Lords are aware of the scale of visiting forces. I could mention, for example, National Security Agency Menwith Hill, better known as USAF Menwith Hill, the scale and importance of which will grow later this year as some of its new facilities are implemented. There is also RAF Fylingdales, USAF Lakenheath, USAF Mildenhall, USAF Croughton, JAC Molesworth, USAF Fairford, USAF Alconbury, the deep space tracking facility at Feltwell and USAF Welford. At all of those bases, the US commander is in charge and the base has a shop, medical facilities and housing; it is a little bit of the USA in the UK. As the USA is our special ally, we have worked very hard over the years to build on that relationship and make sure that we have a very good understanding. However, we in Parliament do not know the basis of that understanding. A lot has changed since the 1950s.
Therefore, I am concerned about whether these changes are being made for the benefit of UK citizens. Will they make matters fairer and easier? I should be very grateful if the Minister could answer any of these questions today. Is this change to the legislation for the benefit of UK citizens, or for the benefit of the visiting forces? As parliamentarians, we want to see that legislation being for the benefit of UK citizens.
Lord Kakkar
My Lords, I shall confine my comments to health. In so doing, I welcome the inclusion of the Armed Forces covenant provision in Clause 2. The provision of healthcare services for those serving actively is well recognised as being of a very high quality. Review of battle and in-theatre services by the Healthcare Commission identified them as delivering excellent clinical outcomes and very high quality care. We recognise that services for those who have been wounded and returned to the United Kingdom are also of the very highest quality, including the rehabilitation services that are vital in ensuring that the best clinical outcomes are achieved.
However, there are important concerns about how information will be gathered to enable the Secretary of State for Defence to meet his obligation to make an annual report to Parliament on the health consequences of membership of the Armed Forces. While personnel are actively participating and continue to serve, it is possible to collect information about their access to health services—be it services provided solely by Defence Medical Services or services that need to be provided by the broader and wider National Health Service. It is equally possible to track the clinical outcomes for these service personnel, in terms of whether they are developing physical or mental health problems associated with their service. It is also possible to determine whether one is achieving good clinical outcomes and whether, indeed, those who have healthcare problems are achieving a good experience in the delivery of the services required.
After discharge from the services, however, there are more important concerns about how we track veterans’ health, and how we track their access to services. The problems relate very much to the fact that many who have served will, fortunately, have no obvious healthcare problems at time of discharge. However, in the years and decades following their service they may start to develop healthcare problems directly related to their period of active service.
If mechanisms are not in place to track these individuals, it will be impossible to understand the health implications of membership of one of the armed services. Therefore, any report that a Secretary of State makes to Parliament would be inaccurate and potentially miss important information. It may have to depend purely on anecdotal reports of the description of mental health problems or physical health problems, and from that draw conclusions that are erroneous with regard to the broad burden of disease associated with a particular period of service or a particular service in a certain environment.
It is therefore important that, if we are to accurately report the consequences of membership of the armed services with regard to health outcomes, we set up prospective research programmes. These programmes should track individuals from the time of discharge from the services back into civilian life, and ask specific health questions with regard to mental health status, physical health status, access to healthcare facilities, clinical outcomes and experience of healthcare services, if we are to have accurate reporting that will inform the Secretary of State’s report and his or her obligation with regard to the armed services covenant, when it deals with the question of health.
A second area where there is considerable concern relates specifically to the commissioning, in the long term, of healthcare services for complex wounded service personnel. As the noble Lord, Lord Empey, said, treatment in theatre is now so successful that many service personnel are surviving injuries and wounding in a way that would not normally have been expected. This is, of course, excellent progress. However, they will be discharged with complex injuries and wounding that will necessitate review of their health status for many decades to come. Under these circumstances, there will inevitably be advances in healthcare and innovation that should be provided to these individuals to ensure that they continue to achieve the best possible healthcare outcomes. It is not reasonable for us to expect that individual general practitioners will be able to do this. I very strongly believe that this group of individuals, the most severely wounded, need to be considered a group worthy of specialist commissioning of their services—either by an NHS commissioning board or by Defence Medical Services—so that the expertise that will inform these clinical decisions can be informed through an appropriate clinical evidence base, searching the world for advances and developments that 20 or 30 years from now could improve the livelihood and the health experience of those who have done so much for our country.
It is equally important that, in making an annual report to Parliament, the Secretary of State is properly informed about the commissioning arrangements, and the success in commissioning appropriate services and achieving the best clinical outcomes for those veterans. I hope that the Bill provides an opportunity for these issues to be reflected in more detail. I also hope that the forthcoming Health and Social Care Bill might possibly be used as an opportunity to ensure that the commissioning arrangements for this particular group of veterans is more clearly defined, and that, in addition, prospective evaluation and research programmes are established to understand their longer-term healthcare needs and the resources that need to be provided to ensure the best clinical outcomes.
The Lord Bishop of St Edmundsbury and Ipswich
My Lords, I am pleased to participate from this Bench on Second Reading of an important Bill, not least because in my diocese, which covers the county of Suffolk, there are many military units and, in the three years I have been there, I have witnessed several homecoming parades and several church services in my cathedral. The most poignant aspect of these returns is seeing the injured. They are in their uniforms—probably for the last time—with a significant number of their colleagues with whom they have served. One also sees a number of young men, limbless—sometimes triple amputees—and one realises that they have a long life ahead of them, and that the responsibility and care that we owe them as a nation is indeed vital. The fact that so much of this debate has focused on Clause 2 is, I am sure, a reflection of all that.
That said, I am standing in for the right reverend Prelate the Bishop of Wakefield, who has led this Bench in its dealings on the Bill to date. He regrets that he is unable to be in his place today owing to other long-standing public commitments in his diocese. Noble Lords may remember the Motion for debate that he tabled in January this year on the strategic defence and security review and the health of the military covenant. This debate reflected his long-standing concern that, while safeguarding the security of this country, we also provide for the welfare of those who serve—concerns, of course, shared by others on this Bench.
Indeed, many of the points debated today were explored further in the Church of England's submission to the Armed Forces Bill Committee inquiry, which reported last month. That submission offered a view of what is mean by “covenant”; it is, of course, a word that means a great deal to us. It drew on the insights on welfare matters provided by the Armed Forces’ chaplains, as well as the many church-based voluntary services that provide much needed pastoral and welfare support to current and former service personnel and their families. This submission, alongside that to the Ministry of Defence's consultation informing last year's strategic defence and security review, underlines the seriousness with which the Church of England takes these matters.
When looking at this Bill today, especially Clause 2, which has been so much the subject of noble Lords’ speeches so far, there can be little doubt as to the Government’s commitment to try to give real meaning to the military covenant, and that is to be wholly welcomed. As other noble Lords have already remarked, this concept has been gaining greater recognition and support in the community over recent years. I first became aware of this enhanced view of the military covenant seven or so years ago on a visit with a group of bishops to the Joint Services Command and Staff College Shrivenham. That gave me an opportunity to mention the military covenant to people in an address the following Remembrance Sunday. It was notable then how few people understood the concept, and that included the political representatives there that day. We have indeed come a long way in a few years in understanding what the whole concept is about. However, there is a continuing need to be vigilant over its observance.
I, too, am encouraged that the Bill does not include a schedule attempting to define too closely in law the exact nature of the relationship between government, the nation and the Armed Forces. A covenant is not a legal contract but a living evolving concept. The living out of a covenant should remain dependent on commitment and trust between parties, not on a legalistic and prescriptive contract in which outcomes and behaviour are predetermined—or, at least, where an attempt is made to predetermine them.
Expectations and obligations underpinning an essentially moral contract, which are at the heart of the Bill’s Armed Forces covenant, will of course change over time. It will be affected by underlying social trends, changes within the international system and within the Armed Forces themselves.
However, the health of the covenant has become the subject of debate, and there have been claims that expectations have not been fully met. I surmise that the Bill acknowledges this reality by proposing that the Secretary of State for Defence provides Parliament with the Armed Forces covenant report that we have been debating. The House has heard questions as to whether the reporting provisions as set out in Clause 2 are, in themselves, sufficient and adequate. I recognise that there is sufficient flexibility in the Bill’s provisions to allow the Secretary of State for Defence to report, if he so wished, on matters not set out in the Bill that might be considered pressing at the time. I also accept that when writing this report the Secretary of State will draw on the input from stakeholders such as the external reference group, the families federations and the chain of command, and I welcome the Minister’s assurance in this debate that there will indeed be that wide consultation.
However, I know that the right reverend Prelate the Bishop of Wakefield, if he were here, would ask if it was entirely right and proper that the responsibility for monitoring and reporting on the health of the Armed Forces covenant should be left to the sole discretion of the Secretary of State for Defence, even if it includes the publication of the observations of the external reference group. It is the view of my colleague the right reverend Prelate and others on this Bench that this responsibility should in the end be entrusted to an independent office—maybe that of a reviewer of Armed Forces welfare. Such a reviewer would be free to inspect and report on all matters concerning the welfare of our Armed Forces and to report relevant findings to Parliament on an annual basis. Independence from government would ensure the credibility of reports and recommendations made to Parliament. It would help to create public trust and confidence that all are honouring the covenant.
I note with interest the recent research undertaken by the Royal British Legion, which shows that 73 per cent of respondents agreed that any report on the Armed Forces covenant should be produced independently of government. Perhaps that would enhance that independence. Amending the Bill to provide for independent reporting would perhaps be one way of avoiding any moves in the future towards that more prescriptive and legalistic approach to the covenant, which so many noble Lords have already said would be better avoided altogether. Keeping the Armed Forces covenant undefined makes more sense if responsibility for evaluating whether the trust and commitment that bind together all covenanted parties is entrusted to an independent body rather than left to the discretion of one party in the relationship.
There is much in this Bill that we on this Bench welcome and support. However, I have little doubt that the right reverend Prelate the Bishop of Wakefield will, when the Bill reaches Committee, seek to table an amendment to the effect I have mentioned. He will have the support of others on this Bench and in the wider church, including the Armed Forces chaplains, as well as the many church-based voluntary services that provide much needed pastoral and welfare support to current and former service personnel.
Lord Boyce
My Lords, I declare an interest as a trustee and member of various service charities.
I welcome the provisions in this Bill that build on the significant changes brought in by the Armed Forces Act 2006. Five years ago, some of us in this House expressed concerns about the introduction of the then new disciplinary system, especially the speed at which it was proposed to be introduced. However, I am advised that it has settled in well; and this is good news, not least because of its appropriateness in an increasingly joint operating environment.
A successful disciplinary system relies on its constituent parts. For most cases, this is primarily the commanding officer—and some of us majored on this point in 2006. However, I recognise that for more serious cases others have to be involved—the service police, the Director of Service Prosecutions, the court administration officer and the judge advocates. This Bill sets out to strengthen the position of the service police in terms of their independence, and I understand and support the rationale for this. An effective investigation that supports the chain of command is invariably an independent one, and the Government are right to ensure that independence is protected.
However, I am concerned that the Director of Service Prosecutions is to be given the power to appoint prosecuting officers who are not service lawyers. To maintain its credibility, the Service Prosecuting Authority needs to be able to demonstrate that its prosecutorial decisions are taken by lawyers who understand the environment in which the accused persons are operating. The proposal in the Bill seems to reverse the understanding of the position that I thought we had established during the passage of the 2006 legislation.
I note also that the Bill aims to give commanding officers the power to require their people to be tested for alcohol and drugs by the service police. I am pleased that this power rests with the commanding officer, who has the central role to play. However, in this context, I also note that the Defence Council will be given the power to specify duties that will be subject to maximum alcohol limits. I hope that the Defence Council will exercise that power with proper regard to striking the correct balance between operational imperatives and the demands we place on our people. More importantly, I equally hope the Defence Council will not attempt to bind the hands of commanding officers, who in my experience are best placed to make that judgment.
I absolutely do not apologise for having mentioned several times the role of the commanding officer and the chain of command. They are absolutely key to the effectiveness of our forces and in particular to what is sometimes called the moral component of fighting power. It was good to hear the Minister reinforce that point in his opening comments.
I turn to Clause 2 on the Armed Forces covenant report, which was levered into the Bill at the last minute. I welcome the implied—I use that word advisedly, particularly following the comments of my noble and gallant friend Lord Craig—formal public and statutory recognition that this clause conveys of the self-sacrifice of all our service men and women, rather than it being imbedded in some Army doctrine manual, as it has been hitherto. I also welcome, bearing in mind the points that I have been making about the command chain, the proposal in the Armed Forces covenant provisions not to attempt to set out specific rights and obligations. It seems to me that, so far as serving personnel are concerned, the structures and processes established over many years of experience should continue to provide a proper mechanism for holding the chain of command to account.
I have in mind, for example, the service complaint system whereby a serviceperson can complain to the chain of command about an injustice that he or she believes they have suffered. The complaints system was bolstered in the 2006 Act by the establishment of the Service Complaints Commissioner. I have read her annual report for 2010 and support the good progress that has been achieved. However, I do not support her call for an Armed Forces ombudsman. The significant changes that have been made should be given time to bear fruit. An ombudsman scheme has the potential to undermine the role of the chain of command. I am pleased that the Government appear to have accepted that point.
The position for veterans and for those the Bill calls “relevant family members” is, of course, different. For these people, the disadvantageous effect of their former service, or the service of their spouse, father or mother, is unlikely to be a matter that the Ministry of Defence can fix. It is likely to be the responsibility of another government department. It therefore seems to me that it is ineffective to require the Defence Secretary to prepare a report and lay it before Parliament. Instead, the responsibility should lie with Ministers having the responsibility for providing the solution—or at least a Minister from the Cabinet Office with the authority to co-ordinate those Ministers.
As the covenant makes clear, it is not just in the fields of education, healthcare and housing that Ministers may have to become involved. For example, there is the matter of former armed services people in prison. In that context, a couple of weeks ago I was pleased to attend the launch of the report of the inquiry into this subject, organised by the Howard League for Penal Reform and chaired by Sir John Nutting QC, to which the noble Lord, Lord Lee of Trafford, referred earlier. I declare an interest as a member of that inquiry’s advisory board.
With official estimates suggesting that the English and Welsh prisons hold around 3,000 ex-servicemen, there is understandable public concern as to why those who have served their country go on to offend. The inquiry has been able to dispel some of the myths around serving in the Armed Forces and subsequent offending behaviour, and has thus countered much of the media attention given to the possible connections between the two. It has also made some timely recommendations on how we can do better. These include expanding the current free veterans’ helpline provided by the Service Personnel and Veterans Agency to provide information and support to ex-service personnel in a crisis, as well as rolling out existing efforts among the police, probation and prison services to identify ex-servicemen at the earliest possible point and put them in touch with ex-service organisations that can help them.
I commend the work of the Howard League and Sir John Nutting QC to this House, but my point in raising this is to emphasise that this adds further strength to the argument for a Minister detached from the MoD and with cross-cutting responsibilities for veterans, who could provide stewardship in this area as well. I guess that the Minister is getting this point, as it has been mentioned by many. I know that the noble Lord, Lord Ramsbotham, had he been able to be here, would have made the point very strongly also.
In sum, I am not convinced that the Government can be held fully to account when the delivery of the covenant is not met, and I fear that the good intentions that lay behind getting the covenant formally recognised may be squandered.
My final comment on the covenant is that perhaps the annual report should also cover how the expectations of those serving, regarding the size, shape and capabilities of their forces, are matching up to what they are being called to do today, and how expectations are being met in proceeding towards the vision for the Armed Forces in 2020—how those expectations actually stack up. Such expectations underpin fighting morale and sense of worth, which surely are a fundamental part of the rationale for the covenant. I am afraid a report on that subject currently would make depressing reading.
Lord Lyell
My Lords, what a pleasure and privilege it is to follow the noble and gallant Lord, Lord Boyce. Indeed, there is a panoply of noble and gallant Lords sitting opposite us. His was a marvellous and eloquent summing-up of many of the points that I would have wished to raise.
Perhaps I may take 15 seconds, as American radio says, to say what a real pleasure it is to have this Bill before us today under the tutelage of my noble friend Lord Astor. It was 38 years ago that I went on my first visit with the House of Lords Defence Group to Royal Air Force Leuchars. There are high standards among Ministers of your Lordships’ House, and I know that my colleagues all around the Chamber with an interest in defence are immensely grateful for the enormous trouble that my noble friend and his departmental team have taken—particularly over some very complicated measures that we are discussing today.
Thanks to just 19 months as a young conscript in the National Service, I realise that service life is different. But every five years we bring civil and criminal law into line with the service environment, even though life—the climate and human relations—can be different in the service environment.
I have an idiot habit of dating the commencement of my notes for the House. As I was making my notes last night, I noticed that it was my 54th anniversary—they reminded me that Recruit Lyell, number 23393360, graduated to Guardsman Lyell. I got promoted but I did not get paid any more as I was a conscript. During my short career in the Scots Guards, we had a marvellous tutor who carried out everything you could want regarding the code and the Armed Forces contract—everything that is contained in Clause 2. He was known as Sergeant “Kiwi” Clements in the Coldstream Guards because he spit-and-polished everything, including us. He made me and 16 other recruits—and many more—into soldiers. I hope that the Bill will keep young soldiers, and civilians, on the right track should they get into any difficulties.
I scanned the measures in the Bill, and will be able to look at them in much more detail in Committee; for instance, measures relating to entry and search in civilian and service establishments, and to drugs and alcohol. Alcohol was familiar to me all those years ago as a young soldier, but recreational drugs are to me extraordinary medicaments. When the Armed Forces are attempting to enforce discipline in behaviour, which is absolutely vital in Armed Forces life, I look forward to my noble friend and his team being able to explain a great many of these matters to me.
I looked at Clause 17, which covers a rather delicate area. There are various aspects that my noble friend will be able to brief me on. His team were able to give me a little help this morning concerning prevention orders. One is called an SOPO, or sexual offences prevention order, the other is an EPO, or extended prevention order, dealing with particularly delicate subjects that cover both service personnel and civilians who might have contact with them or might be in the service environment.
I asked my noble friend’s team whether they could cover Clause 17(6) at lines 25 and 26. I would like to know why that particular measure deals only with England and Wales. Do they think that such offences might not take place in a service environment in Scotland? My noble friend is showing some concern, but his team briefed me on this. He need not reply to me tonight as it can be covered at a later stage.
Clause 22 deals with civilians being subject to service discipline. In the guidance the geographical area is perhaps lacking. It covers the Falklands, but it is not clear whether it covers Cyprus, which is well known by my noble friend the Minister as he and I had two very successful visits there, let alone Hong Kong. I hope that it will be confirmed by my noble friend’s team that Clause 22 covers any aspects of behaviour that occur virtually worldwide that need to be covered by service discipline.
We shall be able to go into Clause 25 considerably more in Committee. I have some personal knowledge of that area. A C130 aircraft crashed half way between the home of my noble friend the Minister and my home in Scotland. It was a Royal Air Force aircraft, and sadly there was loss of life and damage. There was considerable difficulty with compensation, although happily it was well settled. My evil mind begins to worry about what would happen if a NATO aircraft were involved in such an incident. Possibly my noble friend could explain whether Clause 25 would cover compensation for damage caused by such an accident.
That is enough of my mischief and my light look at the measures before us. They are enormously complicated, dealing with circumstances in which people get into difficulty, and I am terribly grateful to my noble friend and his team. I hope that all of us here this evening will convey our best wishes and respect to every man and woman concerned in defending this nation all over the world. We wish them all well not only tonight but all the time.
Lord Judd
My Lords, we can do nothing but applaud those final sentiments. The right reverend Prelate the Bishop of St Edmundsbury and Ipswich gave us a graphic description of the military occasions which he saw in his cathedral and elsewhere. It reminded me how much we owe the people of Wootton Bassett, who with great dignity and consistency turn out on behalf of the nation to honour the fallen. I find that moving every time I see it. That brings home to us the challenge for all of us. It is not just a challenge to the Government; it is a challenge to all of us in both Houses. We have an immense responsibility for those who show such commitment, courage and sacrifice on our behalf.
In his introduction, the Minister spoke persuasively and firmly about the importance of the military covenant. He was right. Repeatedly in our deliberations today, we have returned to that issue. I am certain that if we are to make sense of the military covenant and see it properly implemented, we have to look at the whole context within which we expect our service men and women to serve on our behalf. Therefore, I applaud the fact that the noble and gallant Lord, Lord Boyce, emphasised the importance of the chain of command. He was absolutely right. Paradoxically, although I was long ago a Service Minister—I was responsible for the Navy—I applaud the decision to streamline the chain of command at the most senior levels. If one thing has become clear to me about defence—I am not inventing my attitude retrospectively; I felt it at the time—it is the absolute inescapability of the interdependence of the services. It is crucial to effective defence policy to recognise that interdependence and that the centre has a key role to play.
The change clarifies that and helps to provide a convincing context. Of course, other issues affect the context, which have been well covered in our debate. There is the issue of the services being confident that they will be properly equipped and resourced, not just for the immediate future, but for the long-term future that may be inherent in the operation in which they are taking part. To involve our service men and women in an operation and be unable later to fulfil the consequences of the engagement into which they have entered is, frankly, irresponsible. It also encompasses the vital need to be certain of the legality of the operation in which they are taking part. It is quite wrong to expect people to provide dedicated service unless they can be certain that what they are doing is, beyond doubt, acceptable in terms of international law. There, we have to be careful about mission creep and a gradual change in the nature of the task, which may call into question a legality which seemed clear at the beginning. Obviously, not to dodge the issue, I am thinking of the hazards of the situation in which we find ourselves in Libya.
There is also the issue of service men and women being convinced that the health services are there to support them. As has come out in the debate, we have made great strides in physical support, but I share the doubts of those who fear that we still have a long way to go in the realm of mental health. There also has to be certainty about having convincing arrangements in place, or at least preparing them, for the aftermath and consequence of military activity. Service men and women need to feel that it is not all going to be in vain and prove pointless because the whole thing falls apart after the fighting is over. They must feel confident that we are looking to what follows and planning for it convincingly.
There is a more major issue here. In the long run, if we are to be true to the spirit of the covenant, we must be certain that in our long-term policy deliberations, preparing for the future, we face up to the challenges ahead—that we do not have to adjust policy in the midst of operations but are thinking ahead, so that we have foreseen the context and the implications. For global flexibility, we need compatibility of equipment and operation structures with others involved in an international operation. Is there enough language training to ensure that we can make a success of international operations without language getting in the way?
Perhaps one of the most testing demands is that of peacekeeping. In this, we must face the issue of the significance of human rights. Human rights are not an added-on extra; they are integral to winning hearts and minds and winning the peace. We must understand that if we do not get that right, we are in danger of aiding and abetting the cynical manipulators who seek to recruit the impressionable to extremist causes. That is a central part of our preparation for engagement. It makes huge demands on our services. Servicemen must be prepared to fight one hour and, the next moment, find themselves negotiating. The next day they may find themselves in the midst of a humanitarian caring operation. That is a tremendous demand. Are we quite sure that we are facing up to that in our training?
My last point follows the interventions of my noble friends Lady Taylor of Bolton and Lady Drake. They are right to raise that issue. We spend a lot of time in this House on our policies towards the young: caring for the young, our responsibilities, and the rest. It is a complex issue, and I am not one of those who dismisses the thought of younger people in the armed services, but it brings home a terrific number of issues which we must face. As my noble friend Lady Drake reminded us, there are a considerable number of those young people. There is the issue of their physical and mental well-being and of the academic education and vocational training they get for their life after the services. There is the issue of their future employability. There is the issue of their vulnerability to bullying and harassment. Sadly—too often, in my view—there is the issue of self-harm and suicide. We have to look at those honestly and think how we are facing up to them and how the annual report by the Secretary of State can cover those issues. In the light of what we discover about all that, we must be certain that our recruitment policy is enlightened and sensible, as it should be.
I have the privilege of being president of the Friends of the Royal Naval Museum in Portsmouth and HMS “Victory”. I finish by saying that I hope that the Government are not in the midst of forsaking their responsibility to service museums and shuffling them off to the voluntary sector. Museums are central to the morale of the services. They celebrate what the services have achieved on our behalf. They are central to creating an informed public opinion which will support recruitment of the right kind of people to the armed services. That is not something to be put off for society as a whole to look after. They are an integral part of a convincing approach to defence, and I hope that we can have some reassuring thoughts from the Minister on how the Government are determined to keep the funding of museums central to their purpose.
Lord Palmer of Childs Hill
My Lords, like so many other noble Lords, I will concentrate my remarks on the Armed Forces covenant. Mixed up in the covenant are the effects on members of the Armed Forces and the effects on former members of the Armed Forces. I am struck that, unlike the United States of America, where veterans’ organisations are courted by politicians and form an effective lobby, here in the UK we seem only to notice veterans when they parade on events such as Remembrance Day.
How we look after our veterans and how we mark and respect the sacrifices that they have made must be one of the signs of a caring and moral society. Therefore I welcome the improvements outlined in the Bill, and I welcome particularly the many comments made by many noble Lords here today about how veterans will be helped. We need to ensure that there are more than adequate welfare services for veterans and that on returning to civilian life the former service personnel are not disadvantaged as compared with the general populace. I was at a meeting this morning with the civil servants of the DCLG, talking about housing in another environment within the Localism Bill. When I said that I was going to say something about housing today, members of the DCLG said, “We do a lot with squaddies”, who leave the service, having been there from an early age, and are suddenly thrust into the real world of which they have no knowledge. They have found great difficulty in dealing with housing, social services and cleaning. It is not only a new world; it is a changed world from the one that they left, and that needs to be addressed. The Ministry of Defence deals with the transition to civilian life. I ask the Minister whether he truly believes that the MoD is suitably equipped to be the veterans’ champion.
Another matter on which I trust the Minister will comment is the lack of progress in responding to the campaign for a UK national defence medal. I know the pride that my late father had in his Second World War medals, which were handed down to me, his only son—that is the only war I can remember; the Crimean War was a bit before my time. The Minister will have received a detailed comment from retired Colonel Scriven on Parts 2 and 5 of the draft final medal review dealing with the UK national defence medal. I ask the Minister whether the Government are prepared to move forward to recognise all those who have served the nation by awarding such a medal.
As I said earlier, the other group to be covered by the covenant are the current serving personnel. The matters of concern include healthcare, education and housing. Reports of the quality of housing give rise to great concern. Our servicemen and servicewomen deserve better than the—I use the word carefully—shoddy housing that they may have to endure. Too many of the 44,000 forces family homes in the UK are in a dire state. I understand that there are thousands of complaints over the state of housing repairs and maintenance. The Armed Forces Continuous Attitude Survey relates that the standard of their housing is a major factor in their decision to leave the service. Work is being done by the coalition Government, but I would like the Minister to confirm that a baby born in forces family housing this week will not have to wait until he or she is a soldier before the home they were born in is modernised. The task must be to increase the refurbishment of family homes so that they can all be tackled within 10 years.
I am aware of the commitments made on housing in The Armed Forces Covenant: Today and Tomorrow, but I am really worried that the MoD’s commitment is only to, in its words,
“examine the scope for refurbishing Service accommodation from efficiencies”,
made within the MoD. A number of further initiatives are suggested but they seem to me to be too little and too late for service personnel. I have come to the conclusion that the Government recognise the problem—they have no problem with recognising the problem—but, having spoken to people at the MoD, I believe, in view of the financial situation, that it seems unlikely at this time that funds will be found in the MoD budget for any significant refurbishment of military homes. I believe that the Government need to be more radical and take new initiatives.
Therefore, I very much welcome the Army’s new employment model of not moving personnel around the country willy-nilly; thus they will be encouraged to buy their own homes in communities and in and around garrison towns. All encouragement and support must be given to them all to get onto the home ownership ladder, as so many people want to do. There will still of course be a great need for single-person rented housing for service personnel. In my view, the MoD needs to think outside the box on this issue. I ask the Minister whether it would be appropriate to call a round table of housing associations to build new homes for service personnel or to renovate existing stock to a high standard. If nothing happens, I certainly intend to visit some of this housing and talk to housing associations, having been a long-time director of an arm’s-length management organisation, a housing association, until a year ago. I believe that housing associations have to be brought into the scenario to deal with a situation that, in my view, will not be dealt with by the MoD because it will not have sufficient money available to deal with it, despite wanting to do so.
Finally, I ask the Minister if we can wait until April 2013, which is the implementation date for the next generation estate contracts that, we are told, will replace current arrangements for management, maintenance and development of UK service accommodation, and whether the Minister realistically thinks that housing procurement policy, as it affects our covenant with the Armed Forces, is fit for purpose.
Lord Dannatt
My Lords, much of what is in this five-yearly revisitation of the legislation that regulates the procedures of the Armed Forces has already been well aired and debated, but I would like to draw attention to three particular aspects of the Bill: the covenant, changes to the service police and the call out of reserves. All these, I believe, are important for differing reasons.
Much has already been said about the Armed Forces covenant, but I would like to give my cautious support to this proposal. My support is cautious for several reasons. Frankly, I would prefer to call it a military covenant rather than the more politically correct Armed Forces covenant; but whether specific mention is made or not, rather like the unwritten quality of the British constitution, there always has been and always will be what I would call a military covenant. It is that hitherto unspoken and unspecified balance, on the one hand, between the legitimate work demanded of the Armed Forces by the elected Government of the day on behalf of the nation, and, on the other hand, the nation's ability, through the Government of the day, to look after and meet the legitimate individual needs of our sailors, soldiers, airmen and marines, their families and our veterans. When the work demanded and the needs met are in balance, the services can run hot and at a high operational tempo; but when they are out of balance, the pressure rises, the heat increases, sparks fly and our servicemen begin to vote with their feet. In my view, we were close to the brink in 2005-06, and many believe that we are getting close again now. Once over the brink, in manning terms at least, freefall is very difficult to arrest.
Do we need a covenant enshrined in law? For the last 300-odd years we have not. However, if the moral obligation on the Government of the day to do the right thing by those who risk their lives on behalf of the nation cannot be guaranteed as an automatic response, perhaps we do now need a legal obligation. Therefore I give my cautious support to this clause in the Bill, but I am pleased to note that the provision is in principle only, not in detail. That said, the success of this part of the Bill, as many noble Lords have said, is not in its drafting and enactment but in its delivery. The noble and gallant Lord, Lord Stirrup, earlier quoted Rudyard Kipling, reminding us that,
“Tommy ain't a bloomin' fool - you bet that Tommy sees!”,
and I believe that, in the years ahead, Tommy will be watching very closely.
Straying slightly from the specifics of this Bill, I point out that the provision for the needs of our service people and veterans has never been just the responsibility of the Government. The British way of doing this has always been an amalgam of the best efforts of the public, private and charitable sectors. If that were not so, how did the Royal Hospital Chelsea or the Erskine Hospitals in Scotland come about, to name but two institutions? However, to be really effective, the three sectors need to co-operate together, be well co-ordinated and perhaps even become more integrated. For that to happen, there needs to be a common vision, an agreed plan and, above all, acknowledged leadership. This is not currently in the Bill. Perhaps the Minister would reflect on whether, when the current defence reforms have stopped erroneously targeting the individual service chiefs, effort might be concentrated on arguing for an increased overall defence budget and on thinning down the stultifying bureaucracy and unnecessarily complex decision-making processes within the MoD’s head office. When that part of the defence reforms has happened, the physical space in the MoD main building vacated by the departed staff might be offered to the service charities in order that they can co-locate under one roof, cut down on their overhead costs and increase their co-operation one with another, perhaps one day leading to full integration, with the obvious benefits of greater efficiency and effectiveness, in the best interests of our service community and our veterans. I am not alone in commending that thought.
Turning to the service police—and I declare an interest, having been Colonel Commandant of the Royal Military Police for six years—I very much welcome their removal from the chain of command with regard to investigations. It has been too easy to allege improper interference in such investigations, and therefore the proposals in the Bill are timely and sensible, as, in my view, are the recommendations for Her Majesty’s Inspectorate of Constabulary to inspect and report on the service police. I do not believe that hitherto the service police have had anything to hide—and therefore they have nothing to fear—but the transparency injected into the process will boost the confidence of all concerned in those aspects of the military policing and judicial system.
Finally, I turn to the clause relating to the call out of reserves. This is a most welcome and timely proposal. Hitherto, in the face of natural disaster, terrorist attack or a sudden security threat, it has not been possible, despite the natural enthusiasm of individual members of our Reserve Forces, to mobilise them legally for these important duties in support of the civil power. Yes, there have been, and are, well-honed procedures for military support for the civil community, the civil ministries and the civil power, but these are provided almost exclusively from the Regular Forces of the Crown. Under this clause, Reserve Forces can be called out for,
“urgent work of national importance”.
This means that such mobilisation will give the individual reservist the same rights and protection in being called out for duty at home as he or she would receive when mobilised for deployed operations abroad or for war. For the reservist this is truly transformational, and for the nation it makes a significant resource available, should the need arise—and I suspect that the drafters of this part of the Bill had not completely forgotten the Olympics next year.
I close on another word of caution. The risks of increased use of an increased number of Reserve Forces must be weighed against the financial temptation to reduce our Regular Forces. In land force terms, it is superficially attractive to talk about a future Army of 120,000 with two-thirds regular and one-third reservist. However, although the costs may be attractive, one has to ask: is an Army of 80,000 regulars large enough to do what the challenges of the future might throw at us, and can we recruit a Reserve Force of 40,000 when today, even in a period of high unemployment, we are struggling to man a Reserve Force of 30,000? There is no question that the Armed Forces could not have done what they have done over the past 10 years without the mobilisation of large numbers of reservists, but this admirable legislation for necessary and urgent work of national importance at home must not become a Trojan horse for the wholesale emasculation of our Regular Forces.
Lord Sheikh
My Lords, this is an important and timely debate, and I very much welcome the Bill. The issues with which it grapples are fundamental to our democracy and our beliefs. The contribution of our Armed Forces needs to be recognised and respected. We have a duty to repay their courage and commitment, including after their service, and we also have a duty to their families, who also pay a price on our behalf.
The Armed Forces are to be commended for their incredible humanitarian work around the communities in which they serve. In Afghanistan, they work tirelessly to support innocent people who also suffer the consequences of conflict. They endeavour to win the hearts and minds of people through dialogue, bridge-building and peacemaking initiatives, and they have now gained a good understanding of the Muslim and Afghan culture to enable them to do so.
We have previously spent a lot of time in your Lordships’ House stressing the importance of the military covenant. Sadly, however, many members of our Armed Forces do not believe that the Government’s commitment is as firm and reliable as it should be. Surveys have indicated that only a third of our Armed Forces’ personnel feel valued or are satisfied. That is not good enough, and I welcome the Government’s commitment, in Clause 2, to enshrine the military covenant in statute and to provide an annual report. Our duties to our Armed Forces and their families do not end with a piece of paper, but I know that Parliament will be robust in scrutinising that annual report, and it should act as a spur in the minds of Ministers now and in the future.
The military covenant is important; how we treat our Armed Forces—past, present and future—and their families reflects directly on us. The public have made their feelings very clear with overwhelming responses to successive charitable appeals and with the proud affection that marks the moving respect demonstrated frequently at Wootton Bassett. The public are entitled to ask what the Government are doing in response, and the report would go some way to providing an answer. We have a duty to speak up for our Armed Forces and to champion their cause. I am a proud supporter of our Armed Forces, and I take every opportunity to support them and their work.
Our Armed Forces have a long tradition of recruiting from a wide ethnic base, and that is something of which we should be proud. I should add that I chair the Conservative Muslim Forum, and in my meetings with ethnic minorities I encourage them to join the Armed Forces.
I take this opportunity to thank the Ministry of Defence for the formation of the Armed Forces Muslim Association on 9 October 2009. I have attended and spoken at meetings organised by the association, whose patron is General Sir David Richards. I am pleased to note that Muslims now hold senior positions in the Army, Navy and RAF. I have been assured that promotions in the Armed Forces will be based on merit, which I greatly appreciate. We now hold Friday prayers in the House of Lords. The Muslim Chaplain to Her Majesty’s Armed Forces, Imam Asim Hafiz, periodically leads the prayers, and that of course gives the right message to the congregation.
Many changes are taking place in defence at the moment. Yes, the operational environment is changing, but so are the policy context and the shape of our institutions. We have a bold Secretary of State, who is expressing a clear vision for change and standing up for his department. We saw the conclusion of the strategic defence and security review last autumn—the first since 1998—with a firm commitment that in future these reviews will be held every five years. We have a Government who are getting to grips with a truly horrific legacy of overspend. The financial management of the defence procurement budget has always been complicated and this was worsened by the financial crisis.
We are putting the needs of our service personnel on operations first, making sure that the equipment they need reaches them in a timely and efficient manner. Measures have been put in place over the past 12 months that provide a number of benefits, including doubling the operational allowance, introducing scholarships for the children of bereaved service families, setting up a new community covenant grant scheme with funding of £30 million over the next four years to support action by local communities to help our Armed Forces and veterans, and securing an increase in the rate of council tax relief from 25 to 50 per cent for military personnel serving on operations overseas. These are all good and positive developments and have been well received. This is not just another Armed Forces Bill. By writing the military covenant into law, it makes a clear commitment of the nation’s intent for now and for ever. What will be included in the annual report on the military covenant required by the Bill will be crucial to enabling this House and the wider public to hold Ministers to account. I am sure that this will be the subject of considerable debate during the detailed scrutiny that is to follow, but we need to remember that the report is not just the renewal of the military covenant; it will do more.
This Bill also contains measures that build on changes made in the Armed Forces Act 2006, including on discipline, the service police, alcohol and drugs, and entry, search and seizure procedures. These are not trivial matters and I look forward to the scrutiny that will follow. In particular, this Bill offers the prospect of bringing together the service disciplinary procedures more closely than was achieved with the 2006 Act. It should also do much more to align our activities with the requirements of the European Convention on Human Rights, for example through the provisions on service complaints.
It is important that the complaints of members of the Armed Forces can be heard in an impartial and independent way. Allowing the service police to administer tests before incidents will ensure that there is a credible and effective deterrent to alcohol and drug misuse, as in civil jurisdiction. Clause 13 will enable commanding officers to combine the punishment of service detention with a reduction in rank. The court martial will retain its powers. Under Clause 7 it is proposed that the powers of judge advocates to authorise entry and search are amended. We need to examine these in detail together with other clauses at later stages of the Bill.
I will now ask my noble friend the Minister specific questions. Can he tell the House what form the Secretary of State’s covenant report will take? Will it be an Oral Statement, with both Houses having the opportunity to debate it? How will the report be compiled? To what degree will the Armed Forces be asked to participate? Will there be any annual independent reporting on the state of the military covenant in addition to the report by the Secretary of State? How will this Bill affect the reserves and protect the bond of responsibility between these important units and the Government? I know that there is a separate review on the Reserve Forces, but we need to ensure adequate cross-over.
In conclusion, I know that the Minister has a long and deep interest in the affairs of our Armed Forces. I wish to pay tribute to him for keeping Members of your Lordships’ House well informed on developments in general, and for holding briefing meetings at the Ministry of Defence, which I attend whenever possible. This Armed Forces Bill is special. Its timing is important and the message it sends out is crucial. As a response to the affection in which our Armed Forces are held by the public, it is long overdue. I am pleased to commend the Bill to the House and I look forward to taking an active interest in its progress.
Lord Touhig
My Lords, I can appreciate the real sense of pride that the Minister has in introducing this Bill. I was the Minister who took the last Armed Forces Bill through all its stages in the Commons and, having had the opportunity to carry out that task, I share his sense of privilege. I certainly welcome the Government’s first tentative steps to codify the Armed Forces covenant, but they are, in truth, very small steps. Taken as a whole, the proposals are pretty thin and cover just three main headings: healthcare, education and housing. After all the rhetoric we have had from Ministers from the Prime Minister down, I am sure I am not alone in being a little disappointed that there is not much more meat on this particular bone. However, it is a start and that is to be welcomed.
We place an enormous responsibility on the shoulders of our service men and women. We ask them to operate in circumstances that are often difficult, unpredictable and dangerous. We ask them to perform tasks that have no parallel whatever in the civilian world. When they join the Armed Forces, they are not joining an organisation like Barclays bank or Tesco. They are joining an organisation where they may have to put their life on the line, and sometimes they make that ultimate sacrifice. Let me say at this point how much it is appreciated that the Minister pays tribute to those who have lost their lives in the service of our country when he comes to this House and that he also never fails to mention those who have suffered wounds and are being treated as a result of incidents in the conflicts in which our forces are engaged.
I welcome Clause 2 which makes clear that each year the Secretary of State for Defence will prepare and present a report to Parliament on the operation of the covenant. But I am somewhat disappointed that, having listed the three specific areas on which he must report—healthcare, education and housing—it seems that anything else to be reported is a matter for him. Clause 2(2)(b) makes it clear that if he is minded not to report on anything else, that is quite acceptable. I am further concerned to know what powers he will have to examine and report on healthcare, education and housing for former service men and women. How is this to be achieved? Will he have powers to instruct the Secretaries of State responsible for health, education and housing to do this work on his behalf? Can the Minister shed some light on this when he replies? I feel sure that we need more than an annual report to Parliament. I join other noble Lords in paying tribute to the Minister for arranging the briefings that we have had in recent days, but I believe we need an annual independent audit of the operation of the covenant. The noble Lord, Lord Selkirk of Douglas, alluded to this point. As a former member of the Public Accounts Committee in the other place, noble Lords will be expecting me to recommend the National Audit Office as the obvious choice for such an audit. It is independent of Government and Parliament and it has an international reputation. But I think it would be a good idea at the outset to start measuring how successful we are at delivering the objectives in the covenant and that would be better done independently. Such a report could be laid before Parliament by the Secretary of State at the same time as he presents his annual report.
I would like to see this Bill used as a vehicle to do more for Britain’s 5.5 million veterans and their families. It is not too late to do that. I had the privilege of being the Veterans Minister and I had the considerable ambition to make the Veterans Agency as well known to the British public as, say, the BBC. My ambition was for the Veterans Agency to be the first point of contact for every service man and woman who returned to civilian life and needed help. Before the then Prime Minister, Tony Blair, phoned me up and said he was awarding me the DCM—Don’t Come Monday—and I ceased to be a Minister, one of the last things I was able to do was launch an advertising campaign promoting the work of the Veterans Agency in the north-east of England. I planned that as a pilot, hoping to run it out across the country. I do not know quite what happened to it but it was never launched nationally. I had two objectives in this campaign: first, to raise public awareness of the Veterans Agency, and secondly and more importantly, to raise awareness among ex-service men and women who often do not know where to turn if they have a problem when they have left the services. I am sure I am not alone and that many noble Lords have met these men and women who have served our country well but sometimes feel they are forgotten when they have left the Armed Forces. I look forward to the day when we will do more for the gallant men and women who have risked their lives for Britain. For me, that day will come when we have a separate veterans department dedicated to the interests of veterans and their families. When I was Minister for Veterans, I had a simple mission statement. It was:
“We will value our veterans, their widows and their families, and we will do everything in our power to demonstrate that”.
Why do we need a veterans department? Yes, I was the Veterans Minister, but I was also responsible for the Met Office—I was its legal owner; all the good weather was my doing and the bad weather was my predecessor’s fault. I was also the Minister responsible for the Hydrographic Office, mapping the oceans of the world. I was responsible for Defence Medical Services and the Defence Estates—1 per cent of the landmass of Britain, worth £15 billion. I was the Minister responsible for the MoD Police, reserves, cadets, training, recruitment and retention, pay, pensions, the three services’ families associations, service accommodation, service family accommodation, links with service charities, war graves, low-flying aircraft, service children's health and education, including boarding schools, and the Far East Prisoners of War compensation scheme. With such a range of responsibilities, I would quite often sign up to 300 letters a day. Our veterans deserve a Minister whose only duty and responsibility is to them and to their families. I look forward to the day when Britain has such a Minister.
I have one final point on how we treat our veterans. Thirty-five thousand British veterans fought in the Malaysia campaign of 1955 to 1966. They were awarded the Pingat Jasa Malaysia Medal by the Malaysian Government. The Committee on the Grant of Honours, Decorations and Medals, which advises Her Majesty the Queen on these matters, said that the men should be able to accept this medal but not to wear it. That is a shameful way to treat these brave men, and it is an insult to the king and people of Malaysia. We should ask ourselves, after the conflicts in which we have been involved in recent years, how many Muslim countries want to honour British servicemen. Here is an opportunity to embrace their respect and affection for British servicemen. I hope that this Bill may be an opportunity for us in this House to express our anger at how the veterans of the Malaysia campaign were treated and perhaps to find ways to try to right this wrong. I look forward to exploring this further in Committee with other noble Lords to see whether we can do something a little better and show our veterans that they are not forgotten. We value them; we appreciate them. It should be more than words; there has to be action to demonstrate that.
Lord Burnett
My Lords, it is a pleasure to follow the noble Lord, Lord Touhig. We have known each other for many years. He was a distinguished Defence Minister. I declare also that I am a member of various service charities.
As have other noble Lords, I should like to put on record my gratitude to my noble friend the Minister for his openness and courtesy. He and his staff are always helpful. The briefings available to us are instructive and it is very much a two-way process. On that note, I hope that noble Lords will forgive me if I make a short tangential point: I hope that we shall soon have an opportunity to debate the Defence Reform report which was published late last month. I pay tribute to the noble Lord, Lord Levene, and his committee for producing an excellent report. As the Secretary of State said:
“It is a thorough and compelling analysis that deserves close attention”.—[Official Report, Commons, 27/6/11; col. 636.]
Many noble Lords will wish to speak to this report.
I welcome this Armed Forces Bill. I suppose that, like a number of other Members of this House, I am a potential beneficiary of the Armed Forces covenant introduced by it. I hope that my noble friend will be able to confirm that service, corps and regimental associations will continue to be consulted in relation to the Bill and the evolution of the covenant. The covenant is a relatively new concept and, quite rightly, the Bill endeavours not to make it legally enforceable. If that were the case, the chain of command would be undermined and there would be other dangerous consequences.
Some stress rights more frequently than responsibilities. They are both important. Paragraph 6 of section C of the covenant states:
“The Government has a responsibility to promote the health, safety and resilience of Servicemen and women”.
This is qualified later with:
“However operational matters, including training and equipment, fall outside the scope of the Armed Forces Covenant”.
If a person volunteers and passes training in the Armed Forces, he or she should expect frequent postings on hazardous service. Members of our Armed Forces have to be properly trained and prepared. The training and preparation must be both realistic and dangerous. If not, it will be of no use, and our fighting troops will be at a considerable disadvantage when they are in due course deployed. Many in the service prepare physically and mentally by carrying out, voluntarily, arduous, tough and dangerous recreational activities and expeditions. These activities do not come within the strict definition of training. My point boils down to this: all service life is tough, demanding and dangerous. For the reasons that I have given, this covenant should not open the door to a plethora of legal claims. That would undermine not only the chain of command but also the ethos and culture of our Armed Forces, who are second to none.
Will my noble friend the Minister confirm that this covenant will not be capable of being litigated or used in litigation even under the European human rights legislation? Is he aware whether the French have excluded their armed forces by treaty or by some other means from the human rights legislation? Have other countries excluded their armed forces in this way?
The reasons why our Armed Forces are of such a high standard and calibre, and the reasons why they are so respected internationally, are many. They include the fact that, in the 20th century, they evolved into an egalitarian force where rank and respect should be earned and where the needs of subordinates should come before the needs of those of a higher rank. Training and equipment should be of the highest quality. Pay, pensions and manpower levels should be fair and realistic. Individuals should be properly housed and educated. Decent healthcare should always be available. The bereaved and the wounded should always be supported.
The country holds the Armed Forces, rightly, in the highest regard. The noble and gallant Lord, Lord Stirrup, reminded us that public opinion can be fickle. I hope that my Government will give careful consideration to his suggestion that an annual independent audit should accompany an annual report from the Secretaries of State. I have used the plural because I support the suggestion of my noble friend Lord Lee that the annual report should include sections on health, housing, education, benefits and tax from the responsible Secretaries of State.
If there is a failure of these and other principles that underlie the culture and ethos of our Armed Forces, the remedy should be through the chain of command and ultimately Ministers and Parliament.
Lord Walker of Aldringham
My Lords, in the Sunday Telegraph was an inspiring article about four young soldiers who intend to row across the Atlantic. You might say that there is nothing remarkable about that, but these are four young soldiers who have been badly injured, maimed by bombs in Afghanistan, and between the four of them they can muster only three complete legs. Their plan is to enter the Woodvale Atlantic rowing race, which begins in December, and none of them has any experience of the sea. They hope to raise £1 million to share between Help for Heroes, ABF The Soldiers’ Charity and SSAFA. Their endeavour is both inspirational and highly laudable and I am sure that all of us in your Lordships’ House wish them every success.
However, their endeavour brings into focus the whole question of the funding of the covenant that is addressed in this latest Bill. The Armed Forces have a long and strong tradition of raising money for charities. In the last century the vast majority of such fundraising activity was targeted on charities that were not linked directly to the armed services—they tended to focus on cancer, children and raising money for those charities which were local to units’ bases or linked to their specialist trades.
The service-orientated charities do a remarkable job but in essence they are there to attend to the needs of veterans and their families who have fallen on hard times. However, those who have been killed, maimed and wounded by being sent to war by our country can hardly be portrayed as “falling” on hard times. I believe most passionately that if the covenant is to mean anything at all, when a service man or woman is damaged in any way whatever during their military service, then a clear duty lies with the Government for a lifetime of support.
As the doctrine states, this is about service men and women doing their duty, putting the needs of the nation before their own, forgoing some of the rights enjoyed by those outside the Armed Forces and accepting the grave responsibility and legal right to fight and kill according to their orders and their unlimited liability to give their lives for others. The unique nature of military service means that the Armed Forces differ from all other institutions, as many noble Lords have said.
We should not forget—sometimes I think we do—that during the lifetimes of most of us in this House British service men and women have lost their lives and been maimed and wounded in Palestine, China, Korea, Malaya, Egypt, Kenya, the Suez, Cyprus, Borneo, Aden and Dhofar. More recently, they have died and been wounded as they fought across the Falkland Islands; as they steadfastly, and without favour, absorbed the venom of Northern Ireland; as they have twice driven massed armour into the Middle Eastern deserts. They have snatched hostages from the swamps of Sierra Leone and the embassies of Kensington. They have hunted terrorists in the mountains of Afghanistan and the Pacific Islands; they have fed refugees, delivered humanitarian aid, slaughtered sheep, put out fires, guarded prisons, cleared domestic rubbish and fought floods. That is a pretty impressive CV by any standards, and there can no doubt in your Lordships’ minds about the debt that we owe these people and what we ought to do about it. Even as we debate, our service men and women are at full stretch on operations helping to manage the consequences of, or prevent the intensification of, conflict in various parts of the world.
The covenant that must exist between the Government and the Armed Forces is in my view a simple moral contract which means that, in return for the sacrifices made by those in the forces, the Government will ensure they are treated fairly and they should be confident, as many of the speakers today have said, that the nation will look after them and their families.
Of course, the covenant is wider than just the response to those who are injured. This notion of fairness is, I believe, central to any covenant and must be demonstrated both strategically and tactically. The recent strategic defence and security review committed the Government to being more selective in their use of the Armed Forces,
“deploying them only where key UK national interests are at stake; where there is a clear strategic aim; where the likely political, economic and human costs are in proportion to the likely benefits; where there is a viable exit strategy”.
Just try measuring our latest military adventure in Libya against “key national interests”, “clear strategic aim” and “viable exit strategy”. How fair does that seem, as a use of our military forces, when we are heavily engaged elsewhere and at the same time key elements of our forces are being dismantled? At the other end of the scale, service men and women who have recently served in Afghanistan are being made compulsorily redundant, which is morally indefensible. In this context, one has to ask: what price a commitment to the covenant? My heart sinks at the thought of the recent defence reform proposals which see a defence board, with only a single military member among seven to 10, giving any airtime to developing a covenant which really means anything.
As many noble Lords have already observed, the Bill introduces the requirement for the Secretary of State to lay an annual report before Parliament about the effects of membership or former membership of the armed services on servicepeople. I am not certain that a covenant lends itself in any way to legislation—of course the covenant is not going into legislation, merely the requirement for the Secretary of State to report—but I am certain that the time for reports, of which there has been a plethora in the past five years, is over. The requirement is absolutely clear, as so many have said. What is needed now is action: action to implement the covenant across all government departments and from top to bottom. It cannot be achieved without the necessary funding.
I return to our four brave young men rowing the Atlantic. We should be enormously uplifted by what they are doing and why they are doing it. However, there are too many examples of the third sector being exploited to fill the void of support that in my view is legitimately and morally the Government’s responsibility, and we should be deeply ashamed that the money they raise is going into that void.
Lord Selsdon
My Lords, I have thoroughly enjoyed this debate—it was the spirit of it—although I did nip out for a glass of water and bit of chocolate. To be honest, I wanted to join the Navy but it changed the date of entry at Dartmouth so I could not go. However, I managed to get in by the skin of my teeth because of Suez, so before I knew it I was in the Mediterranean on patrol boats taking a star sight on a sea-gull at the top of a pole on HMS “Raleigh”. I loved that. I found the excitement great. My generation, such as the noble Lord, Lord Lyell, and others, went off to serve. One won an MC in Aden; many did national service in Libya—it is forgotten that we were in Libya for 30 years; many of the Chiefs of Staff did service there. We have forgotten that we had a worldwide role. We also have a responsibility. The Armed Forces are an asset not a liability, but someone is trying to turn it around a bit and say that they are a liability. They are a responsibility not a liability: a responsibility that everyone willingly wishes to look after.
I have found in your Lordships’ House over the 48 years I have been here that we are the greatest repository of defence knowledge that the world has ever seen. Currently, 176 people have been Ministers or served in the Armed Forces and only 15 of them cannot remember their service numbers. One of my favourites, who is very good at this, is former Leading Aircraftwoman Sharples, who occasionally uses her initiative from her Armed Forces days—she can remember her service number—to knock someone off a bicycle with her handbag.
My family, by accident, spent their lives in the Navy and things of that sort, and I had a nephew who became a SEAL team leader and then worked with the British. He said, “Good God, we thought we were trained in the Pacific to lock our arms together for 24 hours, but we are not as tough as the British and we do not seem to have the same initiative to get round the rules and regulations”.
My noble friends Lord Astor and Lord Sheikh have given us remarkable amounts of briefing. I have learnt more and more and there are little things that come to light. As I think Kipling said:
“we have got the Gatling gun, but they have not”.
The other day, the noble Lord, Lord Lyell, the secretary of what we call the warlords, chaired by the noble Baroness, Lady Dean, introduced a general who I had never heard of, who turned up to make a slide presentation in one of the committee rooms. He could not quite get it to work at first, but when he did, he produced a quite mind-blowing presentation of the way the military in Afghanistan has got into the hearts and minds of the people there. I dug out a copy of that, and, being on the Information Committee, I had the right to have a trial iPad, so I now have this wonderful presentation on Afghanistan, captured by an Army man who I thought would be sticking only to the Army. I never realised how the training of our troops now leads them to get under the skin of the people there and to become ambassadors, in a strange way, and respected.
I will say something perhaps a bit unkind about the political sector. Those in government have failed to take the advice of those who know. For example, 50 ambassadors and high commissioners wrote an open letter to the Government saying the Government did not know what they were doing in the Middle East. I did not know either, but I did have 12 years working on the Committee for Middle East Trade, six as chairman, and I would go to these places and get under the skin. A phrase I liked was one they would use when asked what was wrong with the Arab world. They would say, “Hashish, Baksheesh and British—and the worst is British because they invented the other two, but, my goodness, we cannot do without them”.
We ran the Middle East from India. When the noble and gallant Lord, Lord Bramall, who was at the same prep school as me, became a major and was assistant to the Chief of Staff at Suez—my noble friend Lord Lyell will correct me if I am wrong—he was instructed by his boss, “Bramall, I want you tell us why we have come here; what we are doing here; and what the hell we are going to do next”. At that time we were going to withdraw from east of Suez and have no worldwide role. We have to have a worldwide role because we have no inherent economy; we are dependent upon international trade and investment. It is not only the defence of that trade that is important but the ability to get under the skin and help other people.
On the training front—and here will be my challenge to your Lordships—I went to recent meetings in the MoD. I find the MoD very difficult and bureaucratic. I was in the Midland Bank for many years and so I know what bureaucrats are like. It was the same size as the Navy, in effect: about 33,000 people or more. At one of the meetings we discussed the young and the future. We must accept that a 14 year-old today will be voting at the next election; we must accept, too, that at the moment the role for our Armed Forces is not as great as it would need to be because we have no equipment and no kit and we have not yet determined where or when we should intervene and how.
As a member of the Information Committee I set down the challenge because we now have open debates in this Chamber and last year we had a debate with the young on the future of the House of Lords. They all said we were very wise, which surprised many of us. The debate this year is on the Commonwealth and the Commonwealth conference. I laid down the challenge and asked whether we could get approval—which we have got in principle—to debate next year the defence of the realm with 14 to 16 or 17 year-olds. I suggested that the Chiefs of Staff should themselves brief these young people directly, and I ask your Lordships whether you would be willing to be present as guests at that time. It would be good if we could attract the young, with their amazing enthusiasm for dangerous sports. We have to think of the future; we have to think of the young. I hope your Lordships will support this initiative next year.
Viscount Slim
My Lords, it is always convenient to be tail-end Charlie because everything I want to say has been said so much better by other noble Lords. However, there are one or two matters I wish to raise.
From where I sit, I do not like to get too muddled in inter-party rivalry, but one or two speeches on this side of the House were a little tougher on the military covenant than on the other side. I am quite clear—I said this in the Chamber at the time—that the military covenant was bust, broken and not adhered to under the previous Administration. The noble Baroness—I do not see her in her place—quite rightly stood up and contradicted me but I was quite certain of my ground.
On the Bill, enough evidence has been given and enough worry expressed that in the new reformed mode to which we are moving—and which, I hope, as the noble Lord, Lord Burnett, said, we will debate one day pretty soon—the annual report is still not right. The Secretary of State for Defence has to stand up and not only quote the reports but represent the Ministers and Secretaries of State of all the other departments. We need to consider this issue in our future debates in order to help him; it is not a question of going against him but of assisting and helping him.
In this debate we have talked about soldiers, sailors, airmen, veterans, reservists and so on, but we have not talked about the politicians who are the key to this. In choosing their Secretary of State for Defence, future Prime Ministers will have to be very careful because the new reform states that they have got to be longer in the job; that they have got to give five-years’ worth; that they have got to do this or do that. We must have a Secretary of State for Defence who is going to be there. The job is much more like that of the executive chairman of a major corporation, where you go there every day and you are in amongst it; where you get down to detail. It is a slightly new role for a Secretary of State.
We cannot have the Secretary of State changing every so often. With great respect to the previous Administration, there seemed to be a great number of Secretaries of State—they kept coming and going—and that is not on. The military, the soldiers on the ground—the Tommies we have heard about—are not stupid. They say, “They are changing jobs; they are promoting each other; they are being sacked or whatever. They obviously do not think much of the Ministry of Defence; they do not think much of me—a soldier, sailor, airman, veteran, whatever I am”. We have to be careful. In the future the Prime Minister of the day will have to choose even more carefully his Secretary of State for Defence and his other Ministers; they are in for a longer haul.
I wish to raise a point with the Minister about which I have belaboured him enough in the past. However, I first wish to thank him. The previous Administration was good—I had meetings with the noble Lord, Lord Bach, with one or two others and with the noble Baroness, and it was wonderful—but the noble Lord, Lord Astor, has been exceptionally good; he has come out into the open, briefed us and argued with us. However, he has failed completely on one matter. I come back to what the noble and gallant Lord, Lord Craig, and the noble Baroness, Lady Fookes, mentioned, and that is the question of the chief coroner. I repeat what I have said before in your Lordships’ House: it is farcical and cruel that it takes one year, two years, three years to officially pronounce a serviceman dead. These are men and women who have fought and been killed in action for king or queen and country, and the fact that the Government will not produce a chief coroner—which the previous Administration said they would—is mean, short-sighted and rather stupid.
I have a suggestion to make to the Minister. There is a lot of pruning going on in this reform, this new organisation, among a lot of the top brass and civil servants. Mind you, I have not yet met anyone with the guts really to bring the Civil Service down to size, but there you are. Why does the MoD not recommend to the Ministry of Justice a retired general, air marshal, brigadier, admiral, or whatever rank, to be the chief coroner? As we have said in previous debates, he does not have to be a lawyer. It would actually be rather refreshing to have someone in the Ministry of Justice who is not a lawyer. What we are looking for is a leader and an administrator; there are plenty of them about in the Ministry of Defence, and you are going to chuck some of them on the heap. I believe that what coroners need is support. They need modern ways of working. They need better administration. They need a quicker process—all these sorts of things that the right man from the Ministry of Defence can do. There has been a strange silence, and no support given publicly by the Ministry of Defence or the Secretary of State for doing something about sharpening up the coroner system. That is just an idea, and I hope something happens.
I so liked what the noble Baroness, Lady Drake, said, if I may be so bold as to say so. It is of course quite right that no one should go into battle before he is 18 or over. I have to admit that I saw my first dead enemy when I was 17 and, funnily enough, it did not do me any harm. It did not make me odd, or at least no more odd than I might already have been. So it is right that we look after them.
If you go to the Army Foundation College in Harrogate, or to any of the services’ apprentices schools, you will find that they are the best schools in Britain. The education and the citizenship training there is better than the average comprehensive school, and they are better fed, too. They also get a bit of pocket money. It is from these places, and the cadet forces—which the noble Lord, Lord Freeman, knows about and has such experience of—that all our future regimental sergeant majors come. That is where the chief petty officers in the Navy come from. Some of them become officers. Do not be too worried about them coming from care homes; they come to a new home. If you talk to them, you will find that they are very happy in their new home. They are not going to go to war, but they must be supported. They will be reported on, I am quite certain, somewhere in the system, but you are quite right: maybe somewhere in the audit—if it is 30 per cent, as you were saying—it ought to come up, too.
I am all for this Armed Forces Bill, but it needs fine-tuning. We need to discuss it and we need to make it a bit better in a number of places. There is a lot of experience around the House and many noble and gallant Lords. I hope the Minister and the Government will listen, and please do something about the coroner, because I really think it is pathetic that they do not.
Lord Rosser
My Lords, I, too, extend my thanks to the Minister and his officials for the briefings on the Bill that have been provided. I am sure that it will have come as no surprise to your Lordships that today’s debate on the Armed Forces Bill has proved both interesting and highly informative. Views, sometimes powerfully put across, have been expressed by noble—and noble and gallant—Lords, including the right reverend Prelate, who really understand the culture, concerns and commitment of our Armed Forces from first-hand experience and knowledge acquired over a number of years.
The Armed Forces Bill, which we need every five years, provides an opportunity for a debate about all aspects of the work of our service personnel, and it is already clear from what noble Lords have said today that a number of important issues will be raised during the Bill’s further stages. My noble friend Lady Drake had some interesting comments to make on young recruits to the Armed Forces and I hope that the Minister will be able to address the key points she raised.
Concern has been expressed about the extent of the commitments being undertaken by our Armed Forces at a time when financial resources are in short supply. We have heard the word “stretched” in comments attributed recently to senior military figures regarding the effect on both service personnel and equipment.
On 27 June the Minister gave a commitment in this House that we can sustain our operation in Libya for as long as we choose to, and that the Government would continue to provide sufficient resources to achieve operational success in Afghanistan and elsewhere as long as we are in Libya. Although we have no reason to doubt that that is what the Government will do, we will nevertheless make sure that the Government deliver on the undertaking that they have given.
That brings me to the issue of the strategic defence and security review, which has also been the subject of comment during the debate today. Although the Armed Forces covenant does not mention the SDSR, surely part of our commitment to the covenant, and to the welfare of our Armed Forces, should be an updating of our current defence strategy when potentially significant new commitments are taken on, as in the case of the operation over Libya. An updating would also assess the impact on our resources and capabilities, and particularly on our people and on their training and development, to ensure that both now and in the future our admirable Armed Forces will have the resources, without being stretched beyond breaking point, to deliver the commitments that we as a nation have decided we require them to undertake.
The Government’s belated decision to keep to the Prime Minister’s undertaking in June 2010 to enshrine the covenant—the bond between the nation and our servicepeople—in law, through the amendments to this Bill which they introduced last month in the other place, has been welcomed by virtually all of your Lordships who have spoken. We support and welcome this development, although we will wish to explore further the details of the Government’s approach as set out in those amendments. We support the principle laid down in the Bill that no member of the service community, including dependants, should find themselves at a disadvantage arising from service, and that special provision may sometimes be needed to reflect the specific sacrifice some individuals have suffered.
However, it appears that the Secretary of State will only be required to “have regard” to the principles in preparing the annual Armed Forces covenant report. That raises questions about whether the principles will apply to all policy issues across all departments or whether the Secretary of State will be the sole arbiter of what issues should or should not be covered by the principles through the decisions that he makes on what matters should be referred to in the annual Armed Forces covenant report. Will there be any independent audit of progress made in delivering the covenant and commitments or proposals made in previous annual reports by the Secretary of State? Will there be an obligation on all public servants and Ministers to apply the principles in the covenant in all aspects of public policy-making? Will each Minister be accountable for their own sphere of responsibility? The Government’s decision to abolish the chief coroner’s office, which the Royal British Legion has described as a “betrayal” of Armed Forces families that “threatens the military covenant”, suggests that the principles may not apply across all areas of government policy.
We welcome the decision to have an annual debate on the covenant in this House, but only three subjects are specified in the Bill for inclusion in the annual report by the Secretary of State—namely, education, housing and healthcare. Why are other welfare matters, such as pensions and benefits, employment, training and rehabilitation services excluded from specific mention as issues on which the Secretary of State has to report? The three fields that are specified for inclusion—education, housing and healthcare—are devolved, so presumably Scottish, Welsh and Northern Ireland Armed Forces and veterans face the prospect of being excluded from any proposals in these areas that the Secretary of State may make in his report. Is that the position, or will the report apply equally to all UK forces, including veterans, to whom a number of noble Lords have referred with some passion and feeling?
In a debate on 8 June on the War Widows Association, the noble Lord, Lord Ramsbotham, asked whether the Government could draw up a shopping list of what the War Widows Association recognises to be the areas of greatest need, insert them into the covenant and then set out in the covenant that the Secretary of State should be required to report every year to Parliament on how the shopping list is being met. The Minister said he would take back to his department the point made about the association’s shopping list, since he considered it to be an excellent suggestion. Could the Minister indicate what the current position is on this matter?
We welcome the Secretary of State’s intention of a continuing role for the external reference group, with its new name and updated terms of reference, more specifically identifying it with the implementation of the covenant, the welfare of our Armed Forces and the annual report. Is the composition of the group going to change, or will it remain as at present? Is it going to become a permanent body charged with overseeing the implementation of all policy that relates to forces welfare?
Apart from the Secretary of State’s annual report and the debate in Parliament, what system will there be for addressing complaints by service personnel over whether the principles of the covenant are being upheld? In addition to the chain of command, the service complaints commissioner will presumably continue to have a role, but in her last annual report she said that the existing complaints system was ineffective, caused extreme delay, failed to deliver justice and led to inconsistencies. The commissioner proposed that an Armed Forces ombudsman be introduced. Is this something that the Government are considering? What changes are the Government contemplating in the light of the commissioner’s comments?
While most of the debate has centred on the covenant, the Bill does address a number of other issues, some of which will no doubt be considered in more detail during further stages, not least because they were barely touched on at all during consideration in the other place. One such issue is the role of reservists and the duties they can be called on to undertake, which has been the subject of comment by a number of noble Lords. We see much sense in what the Government seek to achieve by making the statutory role of the reservists less restrictive so that they could in future be called upon to help in addition to, or instead of, regular Armed Forces—for example, when there are significant floods, as there were recently in Cumbria, or something like a major outbreak of foot and mouth disease.
However, can the Minister say whether it would be the Government’s intention, under the provisions in the Bill, to use reservists to help in other known, pre-planned events, in addition to the Olympics, as opposed to unforeseen events? Can he also say what would be the Government’s intentions in relation to using reservists in a situation where industrial action is taking place? It would also be helpful to know the Government’s reasons for not taking powers in the Bill to introduce permissive random testing on alcohol, which applies in some parts of the transport industry. Likewise, perhaps the Minister could provide information, if not tonight then shortly, on what percentage of positions in the Armed Forces—and why—the Government consider not to be safety-critical, and therefore are not covered by the alcohol provisions.
Although there are a number of aspects that we will want to probe in more detail, we welcome the Bill as it has emerged from the other place, as opposed to how it started out in the other place. As my noble friends Lady Crawley and Lady Taylor of Bolton said, the previous Government had a proud record in the field of the welfare of our service personnel. The Armed Forces Act 2006 introduced a single system of service law that was, in effect, a complete overhaul of legislation on military law and service discipline. The Bill we are considering today also makes some modest but sensible changes to those arrangements. The previous Government also ensured that forces pay increases were among the highest in the public sector, invested in accommodation and rehabilitation facilities and increased NHS access for dependants.
In 2008 the service personnel Command Paper was published, which was the first cross-government strategy on the welfare of Armed Forces personnel. Following that, compensation payments were doubled for the most serious injuries; the welfare grant for the families of those on operations was doubled; better access was given to housing schemes and healthcare; and free access was offered to further education for service leavers with six years’ service. Impartial oversight of the Government’s progress was provided through establishing the external reference group as an independent monitor of the Government’s implementation of the service Command Paper.
The enshrining of the Armed Forces covenant in law, as provided for in the Bill, is a step that we support, not just in its own right but particularly at a time of major cuts to the defence budget, which has seen allowances and pensions cut, significant numbers of personnel facing redundancy and additional commitments being taken on. As an Opposition we will always support the Government when they do the right thing by our forces, whom we all admire and respect. The Bill as amended in the other place represents a good start. We shall consider what has been said in this debate and what other interested parties are saying and then decide what amendments to put down, and on what issues, with a view to strengthening the Bill.
Lord Wallace of Saltaire
My Lords, I thank all noble Lords who took part in this extremely constructive and largely non-partisan debate. We are all concerned to provide the best possible support to serving and former members of the armed services and their families. The coalition Government are conscious that we are building on work that our predecessor in office undertook and which Liberal Democrats and Conservatives in opposition supported in their turn. I very much look forward to an examination of the Bill in that spirit. We are all united in wanting to get the best possible system of support for those who are serving, or who have served, and whose families have been affected by their service in the United Kingdom.
The Bill covers diverse subjects, as so often service law and service welfare need updating in a range of different areas. Expectations about the quality of service justice have risen over the years—human rights considerations have happily been transformed since service punishments included flogging. My noble friend Lord Burnett raised the question of the position of other countries as to the application of the European Convention on Human Rights to their armed forces. On that specific question I will have to write in more detail, but I can assure him of the general acceptance across Europe of the European convention in relation to the treatment of members of their armed forces, including in those countries which formerly lay behind the iron curtain.
My noble friend Lady Fookes regretted that the Bill contained so many amendments to earlier Bills, rather than consolidating existing law. I remind her that the 2006 Act, which many of us here took part in parliamentary scrutiny of, was itself a major consolidation of the separate service disciplinary codes. The Bill is more modest and is explicitly concerned with revising and updating an existing corpus of service law. The noble and gallant Lord, Lord Craig, rightly raised the question of whether we had found an appropriate peg on which to hang the current provision for the military covenant. We will certainly talk to parliamentary counsel about this and see what can be managed.
My father served in the last year of the First World War; I am a late child of a late family. When he was in his 80s I heard many things about problems of discipline—problems of near-mutiny—in the armed services in the early months of 1918, so I am well aware of some of the sensitivities about that period.
A wide range of issues have been raised in the debate, and I look forward to examining them in more detail in Committee. I confirm that the Government plan to calendar the Committee stage during our two-week September session. The exact dates will be announced as soon as they have been agreed through the usual channels.
Clause 2, on the military covenant, has attracted most attention, and I expect that it will be the main focus of our discussions in Committee. There is a delicate balance, as a number of people have recognised, between setting out rights and weakening service discipline. Writing a code into statutory form would risk inflexibility, demand regular revision and open up the services to endless litigation. I agree with the noble Lord, Lord Dannatt, that fundamentally the military covenant is a moral issue, not a legal document.
Careful negotiation in the House of Commons led to an amendment. I quote a letter on this from the Royal British Legion to the Prime Minister:
“I fully anticipate that the climate which the amendments to the Bill create will further emphasise the government’s continuing commitment to ensuring that the nation, not just central government, delivers the covenant”.
I think that we would all agree with that sentiment. This is not simply a government responsibility. It is a matter for all of us—local authorities, health clinics, hospitals, devolved Administrations and ordinary people across the country.
On the timing of the annual report, which the noble Lord, Lord Freeman, raised, we have not yet decided on the timetable beyond the provision in Clause 2 that there should be a report in each calendar year. We will take account of his desire to have a report to scrutinise as early as possible next year. A number of noble Lords have raised the question of how this will be prepared and whether or not parliamentary scrutiny is sufficient. The Government’s intention is that it will be Parliament that will hold the Government to account on their contribution to fulfilling the military covenant. Scrutiny is a process, not just an event. We hope that the annual report will be the peg on which the continuing process of scrutiny will hang, but it will be up to the other place and to us to consider whether we wish to have an annual debate or whether from time to time there should be a more detailed committee inquiry. That is part of the process by which we fulfil our functions, with which I am sure all noble Lords here are familiar.
The annual report will be a written report and a substantial document. The Armed Forces will certainly have an input through the chain of command. They will also give feedback thorough the continuous attitude surveys that have been mentioned. I also confirm that the report will also address the problems faced by our Reserve Forces.
My noble friend Lady Fookes wanted to put the covenant reference group in the Bill. I recognise her concerns but, as always, one is cautious about the inflexibility provided by writing things into statute law. We recognise the importance of the covenant reference group and we have no doubt that Parliament will continue to ensure that it plays a major role, but we do not see that writing it into statute would necessarily help further.
Several noble Lords have raised questions of implementation and enforcement because central government does not have the power to enforce this, and I think that most noble Lords would agree that it would be inappropriate for it to interfere in as much detail as in our local provision of health, education and other elements of welfare. This has to be a matter of dialogue and influence. The devolved Administrations, local authorities and others have to work with central government and have to be held to account informally through the media, the service charities and others.
I can confirm that we support the idea of Armed Forces’ advocates at the local level, if that is the approach chosen by the local authority concerned, and we are very happy that a number of local authorities are supporting the Armed Forces by signing up to the new community covenant.
A number of noble Lords have raised the question of whether the Veterans Minister should be separate from the Ministry of Defence—I might almost say the question of whether we can trust the Ministry of Defence to look after veterans properly; I think that was the subtext to all that. As someone who regularly goes into the Ministry of Defence, I have to say that it is not entirely isolated from the rest of Whitehall. It works on a continuous basis with the Department of Health, the Department for Work and Pensions and the Department for Communities and Local Government. Officials meet their colleagues. There are representatives from those other departments on the external reference group, which will become the covenant reference group. The noble Lord, Lord Touhig, I think wants to move towards an American system, with a separate veterans’ agency. I should say to the noble Lord that my sister is currently writing a history of the veterans’ agency in the United States, with particular emphasis on the long history of corruption within it—partly because she wishes to demonstrate that there has been socialised medicine in the United States since the 1920s. I think the noble Lord will recognise that there are many problems with the very odd collection of different agencies through which medical health support is provided in the United States.
The noble Lord, Lord Lee of Trafford, asked about the Service Personnel and Veterans Agency, which runs Veterans-UK, designed to be the first stop for veterans. In addition, it has a website, an e-mail advice point and a telephone helpline, providing information in one place on services from a variety of organisations. The SPVA also provides the Veterans Welfare Service, a national network of caseworkers to support veterans. It is in a sense a small sort of veterans’ agency. I hope none of us would want to go into the American model and build it up into a much larger form.
The noble Lord, Lord Palmer of Childs Hill, and others, mentioned housing. We all recognise that there have been tremendous problems with service housing, but that it is now improving. That improvement began under the last Government, and we are continuing to work towards it.
A number of noble Lords have clearly read, and referred to, the report from the Howard League on the inquiry into former armed service personnel in prison. I read the report with great interest, and it is attracting a lot of interest in the Ministry of Defence. The Minister for Defence Personnel, Welfare and Veterans has met Sir John Nutting, the chair of the inquiry, and we will review its recommendations in full with the Ministry of Justice and the voluntary sector and community organisations with which we work on these issues. I should say that the report does not entirely confirm the idea that there is a disproportionate number of servicemen in prison. There is a degree of disproportion for some types of offence, and particularly among the over-45s. It is a very carefully researched report and shows us, among other things, how little we know about this area of offending. The evidence suggests that, from some points of view, ex-service personnel are less likely to commit crimes than civilians.
The noble Lord, Lord Thomas of Gresford, asked about the US veterans’ courts. I shall read from the executive summary of the Howard League report on this:
“While we have nothing but admiration for the Buffalo court and its remarkable achievement of preventing further offending, we do not suggest that such a court could or should be replicated in the United Kingdom. The lessons we have learned from our experience of the Buffalo court are twofold: firstly, the advantage of maximising the help available to assist in solving whatever problem the veteran has which may have contributed to his offending; and second, the advantage of veteran to veteran contact”.
Noble Lords who have read the report will be familiar with some of the experiments in prisons, including getting prison officers with service experience to advise prisoners who have been in the services. We are attempting to do the same in the probation service.
The question of mental health arose. It is not entirely clear whether there are much higher levels of mental illness among ex-servicemen than in the rest of the population. We should all remember that one in six of our adult civilian population have mental problems at some stage in their lives. The question of whether post-traumatic stress disorder breaks out later in life, and should therefore be watched for, clearly needs further study.
I am aware that ex-servicepeople suffer from flashbacks. In his 80s, my father started to talk about some of his most horrifying experiences, which he had refused to talk about until then. On a lighter note, on the day I was introduced to the House of Lords, my mother-in-law—formerly Lieutenant Robinson, attached to Bletchley Park from 1942 to 1945—realised that the leader of my party in the Lords was the former Sub-Lieutenant Jenkins who had arrived later at Bletchley Park, and proceeded to tear a few strips off him for his behaviour in 1944.
Other Members have raised questions about transition, leaving the services and whether the training provided is adequate. The noble Lord, Lord Kakkar, in particular, talked about tracking veterans when they leave. The real problem is to make sure that we do not lose sight of those who have been severely injured in one way or another. That is certainly something that we need to look at much more actively as a new generation of injured servicemen comes back, first from Iraq and now from Afghanistan.
The noble Baroness, Lady Drake, made an extremely interesting and well judged speech on young soldiers and the under-18s. We see that as a covenant issue. From time to time, it will certainly be one of the subjects that the annual report will appropriately address. We take pride in the fact that the Armed Forces provide challenging and instructive education, training and employment opportunities for young people. We are confident that the recruitment policies for under-18s are fully compliant with the optional protocol of the UN Convention on the Rights of the Child. Defence policy clearly states that no service personnel under the age of 18—unlike the noble Viscount, Lord Slim—are knowingly deployed on operations outside the UK that would result in their becoming engaged in or exposed to hostilities.
The question of the chief coroner came up in several contributions. I remind noble Lords that on 14 June the Secretary of State for Justice made a Statement to the House of Commons, which my noble friend Lord McNally repeated here. It set out the plan to include the office of chief coroner in Schedule 5 to the Public Bodies Act, which will transfer several of its functions either to the Lord Chief Justice or to the Lord Chancellor, rather than abolish them. I hope that will satisfy noble Lords, but if not we shall discuss the matter further in Committee.
The noble Lord, Lord Lee, discussed atomic veteran cases. There will be a hearing in the Supreme Court on 28 July, which will determine whether the cases can go ahead, notwithstanding that they are out of time. The July hearing has been adjourned from an earlier date because the complainants are requesting formal disclosure.
The noble Lords, Lord Palmer and Lord Touhig, raised the question of medals, which is always a very sensitive issue. My noble friend Lord Astor tells me that he has the Malaysia medal, to which the noble Lord, Lord Touhig, referred. I am always conscious that I have a medal, the Coronation medal, which I gained aged 12 by singing as a treble. When I was in my secondary school’s cadet force, visiting sergeant majors were furious to see a 15 year-old wearing a ribbon that he clearly did not deserve in their context. One has to be a little careful. As I am sure the noble and gallant Lords will agree, medals are intended to be deserved, rather than simply put up.
We then considered a number of other issues. My noble friend Lady Miller mentioned Clause 25, to which we may return in Committee. The clause will make the handling of claims easier, in some cases for both the claimant and the sending state, because it will remove the situation in which a British citizen finds themselves directly opposite a representative of a foreign state in a court. I am, however, happy to write about this further to the noble Baroness.
We then came to a number of questions on the reserves, such as the mobilisation of the reserves for natural disasters and the like. I remind noble Lords that the reserves can be mobilised for a number of natural disasters. The intention is to make the mobilisation requirement for our reserves identical to that for our regulars—no more and no less.
Since 2003, we have had some 24,000 mobilisation orders for reservists to serve abroad; noble Lords who watched the lists of each six-month mobilisation to Afghanistan will be familiar with the fact that a significant proportion of those sent out each month have been reservists. We are therefore very much concerned that, when they return, reservists should benefit from the same veteran provision as regulars. I assure the noble Lord, Lord Dannatt, who talked about the future of the reserves, that the report on the future use of the Reserve Forces will be published in the early autumn.
The noble Lord, Lord Rosser, asked whether we see the reserves being called out for other foreseeable events. The answer is no, but they might quite possibly be called out for a number of unforeseeable events in the future. I think the American Secretary of Defense once called this the “unknown unknowns”, which we might come to. The noble Lord also asked whether we will use the reserves for strike breaking. No, we will not. The Ministry of Defence would not mobilise a reserve to serve in any such circumstances; we must always remember that reserves are volunteers from all parts of the British national community.
Lastly, we considered a number of questions on service courts, the role of service police and service and civilian prosecutors. I say to the noble Lord, Lord Thomas of Gresford, who is a great expert on all of this, that we believe that the summary jurisdiction as a whole—the commanding officers’ jurisdiction and whether it complies with the European Convention on Human Rights—is compliant with the European Convention of Human Rights because of the right to choose a court marshal, and because there is a right to a re-hearing of a commanding officer’s decision by the summary appeal court.
The noble and gallant Lord, Lord Craig of Radley, asked about the removal of a provost marshal. That matter would have to be considered by the Defence Council and approved by Her Majesty, because that is part of how we build in the idea of independence.
I was also asked about the overlap of civilian prosecutors and judge advocates. Given that the size of our Armed Forces, their service police and the judicial branch has shrunk, it seems to us that there is some advantage in allowing judge advocates to sit in civilian courts and some civilian prosecutors to serve in military courts because it improves the quality and experience of all concerned.
This has been a very useful and constructive debate and we look forward to Committee. I heard an undertone of calls around the Chamber for a reversal of the defence cuts and for a sharp increase in defence spending. I would say simply that we all have to do the best we can for our service men and women, for veterans and for their families within the constraints of the budget we now have, and within the constraints of what our public are willing to pay for.
I am greatly encouraged by the welcome for this Bill in your Lordships’ House today, and I look forward to coming back in September to examine the Bill in more detail in Committee and to the exchanges that that stage will undoubtedly bring. I beg to move.