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Oral Answers to Questions
(11 years, 4 months ago)
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Mr David Ward (Bradford East) (LD)
1. What steps he is taking to reduce the cost and quantity of claims for compensation for whiplash injuries.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Earlier this year, the Government consulted on proposals to reduce the number and cost of whiplash claims. We will publish our response after we have considered the Transport Committee’s report, which we expect to be published before the summer recess.
Mr Ward
Car insurance premiums in Bradford are the highest in the country. The Institute and Faculty of Actuaries has released information showing that the number of third-party whiplash claims rose by 5% in the year 2010-11, although the number of accidents fell. According to the institute’s chairman, 60% of the claims were exaggerated, misrepresented or fraudulent. Will the Secretary of State look again at the period within which claims can be made? At present, a claim can be made up to three years after a whiplash accident.
Mrs Grant
We have no plans to change the law on limitation, but I assure my hon. Friend that the Government are absolutely committed to tackling fraudulent whiplash claims, while also ensuring that those with genuine neck injuries receive the compensation that they need and deserve. Making the system fairer for defendants does not, of course, compromise access to justice for claimants, and we will seek to restore balance to the civil justice system.
Helen Jones (Warrington North) (Lab)
As the Minister knows, the vast majority of claims are genuine. Rather than being obsessed with this issue, should not the Government be targeting some of the practices of the insurance industry, such as cold-calling victims or referring them to its in-house lawyers in the hope of settling claims cheaply? Why are the Government not doing that? Is it because, again, they are on the side of the big battalions rather than the consumer?
Mrs Grant
The hon. Lady has got it absolutely wrong. We know that the Government, the insurance industry and claimant lawyers must all work to tackle fraud, because it is completely unacceptable. We fully expect the industry to pass on the considerable savings that it will make to the public in the form of reduced insurance premiums.
Mr Julian Brazier (Canterbury) (Con)
Having suffered a severe whiplash injury after someone shunted my vehicle many years ago, I have great sympathy for genuine victims, but there is widespread evidence that gangs have moved into what they see as a profitable business, generating deliberately fraudulent claims, and that that is driving up premiums for ordinary motorists.
Mrs Grant
I agree. Unfortunately, a compensation culture was allowed to develop under the last Government, and we are having to deal with it now. Our reforms will ensure that meritorious claims will always be possible, while also ensuring that unnecessary claims are avoided.
Ms Margaret Ritchie (South Down) (SDLP)
Given that the cost of car insurance is very high in Northern Ireland, particularly in relation to whiplash injuries, and given that the issue was referred to the Competition Commission last year, will the Minister tell us whether she has received any progress reports from the commission?
Mrs Grant
I personally have received no progress reports, but I am happy to look into the matter for the hon. Lady. The Automobile Association recently reported a 4.1% reduction in premiums, which it attributed to the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Government’s other reforms, but it is clear that much more needs to be done.
Stephen Gilbert (St Austell and Newquay) (LD)
2. What assessment he has made of the use of restorative justice on the secure children’s estate.
The Minister for Policing and Criminal Justice (Damian Green)
The Ministry of Justice and the Home Office have commissioned an evaluation of a number of restorative justice pilot schemes, some of which have involved young people, but there has been no specific evaluation of the use of restorative justice on the youth secure estate.
Stephen Gilbert
We know that reducing the unnecessary criminalisation of children should be a key priority, and clearly children within the secure estate are particularly vulnerable. We also know that restorative justice approaches deliver better outcomes for all involved. Will the Minister commit to introducing a specific study on the use of restorative justice in the secure children’s estate?
Damian Green
I entirely agree with the hon. Gentleman’s underlying point. Restorative justice has proved to be an extremely successful method; evaluation has found that 85% of victims who have participated in it said that they were satisfied with the experience. We will certainly keep a close eye on how it can be used most effectively for young people.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
Last year the Justice Committee visited Northern Ireland to see how restorative justice was working there. It is a mainstream means of disposal in Northern Ireland, and it works extremely well. Would the Minister care to look at the way in which it works in Northern Ireland in order to inform his decisions?
Damian Green
I would be very happy to do that. I am aware of the work that has been done in Northern Ireland, which has been extremely successful, and I should remind the right hon. Gentleman that the Crime and Courts Act 2013 places pre-sentence restorative justice on a statutory footing for the first time, so I very much share his underlying thoughts on this.
Damian Hinds (East Hampshire) (Con)
3. What assessment he has made of the contribution that financial inclusion programmes can make towards reducing reoffending rates.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Alongside our probation reforms, it is important to look at other areas in which we help offenders when they leave prison. It is often the basic things, like having a bank account, that they need help with to avoid slipping back into a life of crime. We recognise the importance of financial inclusion, which is why we grant-fund Unlock, a programme that helps prisoners establish a relationship with a commercial bank. Indeed, the prisons Minister, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), is doing a lot of work at the moment with the banks to try to ensure we can offer financial services to those who leave prisons, so they can get their lives back together.
Damian Hinds
Does my right hon. Friend agree that credit unions can play a unique and valuable role not only in providing the nuts and bolts of banking, but in improving financial capability and promoting savings to increase financial resilience?
Chris Grayling
I am a great fan of the credit unions. I have seen their work both in my previous role as employment Minister and now as potential contributors to the process of rehabilitating offenders. I absolutely agree with my hon. Friend that we should support and encourage the work of credit unions. They can make a huge difference for those who cannot access financial services through other means.
Steve McCabe (Birmingham, Selly Oak) (Lab)
In terms of reducing reoffending, will the Secretary of State look urgently at the case of John Cronin, a convicted sexual predator who was originally given a life sentence? He has now been released on licence and has broken the terms of that licence, and apparently has not been returned to jail and cannot be put on the sex offenders register. He is a very dangerous man. Will the Secretary of State look urgently at that case?
Mr Speaker
Order. He is indeed, by all accounts, a dangerous man, but it is not immediately apparent what the relevance of his case is to the issue of financial inclusion programmes—
Mr Speaker
Indeed, but not financial inclusion, which was the purport of the question. However, the Secretary of State is a dextrous fellow, and I am sure he can respond appropriately.
Chris Grayling
Well, Mr Speaker, I simply say that I will take a look at the case.
Keith Vaz (Leicester East) (Lab)
4. If he will introduce mandatory drug testing for prisoners on entry to and exit from prison.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
The right hon. Gentleman knows that we already have a system of random and intelligence-led drug testing in prisons. He knows, too, that we are not persuaded of the merits of adding further testing for all prisoners at the fixed points of arrival and departure from custody. However, we are working with the Department of Health to test an end-to-end approach to tackling addiction from custody into the community, which includes looking at which prisoners should be tested and when.
Keith Vaz
The Minister is right: I do, in fact, know all that. However, it does not deal with the problem. The problem is that 35% of those in prison have a drug addiction and 6% acquire that addiction once they are in prison, so more come out with an addiction than went in with one. Why do the Government not feel that mandatory testing on entry and exit will help break the cycle of drug dependency?
Jeremy Wright
We are in agreement, because I knew all that, too, but it is worth saying to the right hon. Gentleman that we have one or two issues with the suggestion he and his Select Committee make in what is, I concede, an excellent report that makes a substantial contribution to this debate. The concerns we have are that if tests are done at a fixed point of exit, particularly from custody, the offender knows that is coming and can do things to try to mitigate the effect of the test. We think it is important to test on a random, and perhaps frequent, basis. We entirely agree with him and his Committee, however, about the importance of extending our testing to include prescription drugs as well as illegal drugs, because of the widespread abuse of those drugs, and I hope he will support the private Member’s Bill of my hon. Friend the Member for Stourbridge (Margot James), which will achieve exactly that.
Andrew Bridgen (North West Leicestershire) (Con)
What assessment has my hon. Friend made of the effectiveness of drug recovery wings in prisons?
Jeremy Wright
We are very much in favour of the approach that attacks this problem in an intensive way and makes sure that prisoners understand that they need to get off drugs and stay off drugs. Drug recovery wings are extremely effective in that regard, and of course prisoners have an opportunity to move on to another wing thereafter, where they will be able to stay drug-free. That is an extremely important approach.
Graham Stringer (Blackley and Broughton) (Lab)
If the Government cannot control the taking of unlawful drugs in a prison—a completely controlled environment—what messages does the Minister think that sends out to the rest of society for reducing the drug problem?
Jeremy Wright
It is important to recognise that the rate of mandatory drug testing producing a positive result has dropped considerably, from 25% or so in 1996-97 to about 7% now. So it is not that we are without success, but the hon. Gentleman is right to say that there is no cause for complacency. We do everything possible to prevent the influx of drugs into our prisons, but that is an extremely difficult exercise. It is important to attack demand as well as supply, and to make sure that prisoners come off drugs and stay off them.
Mr David Nuttall (Bury North) (Con)
I warmly welcome last week’s announcement of a new prison to be built in north Wales. Will the Minister undertake that from the moment the new prison opens it will be 100% free of illegal drugs?
Jeremy Wright
I suspect it would be unwise for me to make such a pledge, but we will make sure that in all our prisons we do everything we can to restrict the inflow of illegal drugs, by whatever means. As I said, we will also make sure that we provide the maximum effort to get prisoners off drugs and keep them that way.
Mark Tami (Alyn and Deeside) (Lab)
5. What progress he has made on his plans to reform the probation system.
Paul Goggins (Wythenshawe and Sale East) (Lab)
6. What his plans are for the future of the probation service.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We will open up rehabilitation to a diverse range of organisations and introduce new payment incentives for providers to focus relentlessly on reforming offenders. We plan to commence the competitive process for our new providers at the end of this summer. We will also create a new national public sector probation service, which will work to protect the public.
Jeremy Wright
It is a myth that there is no learning already available to the Government on payment by results; learning is available across government activities, and a number of pilots within the probation field have begun. Not all of them have been completed, but, as the hon. Gentleman will recognise, it is possible to learn something from a pilot even if it is not completed. We are confident that payment by results is the right way to approach this matter. It is also the right way, of course, to release the savings we need to pay for an additional 50,000 offenders who currently receive no supervision. If he has a better way of doing that, we look forward to hearing it.
Paul Goggins
The Minister is in the unusual position of wanting to both privatise and nationalise the probation service at the same time. Will he explain to the House why the probation service is to be trusted with the supervision of the most dangerous, but will not be allowed to bid to work with less serious offenders?
Jeremy Wright
We think that a combination of approaches will work best. We think that the probation service has particular skills in dealing with the most dangerous and high-risk offenders, so we want to give it the opportunity to concentrate on those offenders. We also think that there is a huge range of innovation and good ideas among bodies of all sorts, in the voluntary sector as well as in the private sector, and we want to bring those ideas to bear on what has been an extremely intractable problem—driving down reoffending rates.
Priti Patel (Witham) (Con)
Despite record spending on prison and probation services, reoffending rates are still far too high. Will the Minister give an assurance that the new probation reforms will seek to address that issue, while also delivering value for money for the taxpayer?
Jeremy Wright
I can give my hon. Friend that assurance. She is right to say that reoffending rates are far too high; 50% of those released from custody reoffend within 12 months. That is unacceptable, and people within the probation service know that. We need to bring those rates down, and the best way to do so is to unlock the innovation I spoke about a moment ago and to have a system where, if people succeed in driving down reoffending rates, they receive the maximum reward and if they do not, they will not.
Gareth Johnson (Dartford) (Con)
One of the biggest weaknesses of the criminal justice system has been a failure to engage with short-term prisoners. Does the Minister therefore agree that probation assistance with that group of offenders is vital to curb reoffending rates?
Jeremy Wright
Yes, I agree with my hon. Friend. He puts his finger on a big gap in the system up to this point in that those offenders who receive a custodial sentence of 12 months or less receive very little or no supervision at all. It is very important that they should, because that is the group with the highest rates of reoffending. Some 60% reoffend within 12 months. We need to address that and we will do so.
Jenny Chapman (Darlington) (Lab)
Highly respected former chief inspector of prisons Lord Ramsbotham has called on the Justice Secretary to withdraw his plans for probation as they are too complex to be achieved safely. Concerns about public safety meant that not a single Cross Bencher voted with the Government on his amendment in the Lords. The timetable is unrealistic, the IT is not ready and the Department’s risk assessment states that the proposal is unlikely to work. Is it not time for the Government to take stock and rethink before they waste any more resources on this rapidly unravelling plan?
Jeremy Wright
The hon. Lady will not be surprised to learn that I do not agree with her. This is an important and urgent reform. She must recognise that every single year 600,000 offences are committed by people who have previously committed an offence. Until we start to address reoffending effectively, that number will not come down and we will not avoid the creation of tens of thousands of new victims every year. That is why this is urgent. As far as I understand the position of the hon. Lady’s party, she agrees that reoffending rates are too high, that something must be done about that and that there is a problem with the group with sentences under 12 months, yet we hear nothing from her about what she would do about that if it was not what we propose to do. If she has an alternative, let us hear it.
George Hollingbery (Meon Valley) (Con)
7. What assessment he has made of the effect on barristers of his proposed changes to legal aid.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Our analysis, based on applying our proposals to the cases handled by the Legal Aid Agency last year, suggests that overall the majority of criminal advocates would either be better off or see their income unchanged as a result of the fee proposals, while civil barristers affected, who generally receive higher fees than other civil advocates, could see their income reduced.
George Hollingbery
Could the proposals not have been centred around a fixed-fee per case, salami-slicing budget cuts across the board or restructuring? Will not this arrangement protect the incomes of lower paid barristers?
Chris Grayling
My hon. Friend is absolutely right. That was part of our objective. Some people argued that we should go for one case, one fee, but that would in my view do deep long-term—if not total—damage to the Bar. We chose not to go down that route. We have put together a package of proposals that, on the basis of the case mix carried out last year by junior barristers, should leave a substantial proportion of them either with an unchanged income or a slightly increased income.
John Healey (Wentworth and Dearne) (Lab)
19. If legal aid cannot be paid unless permission is granted for a judicial review, does the Justice Secretary accept that lawyers will be unable to take on some of the strongest cases such as when local authorities might refuse to recognise their duty to house a homeless family? Those are exactly the kind of cases where they will offer an early settlement or a no-cost settlement.
Chris Grayling
I am afraid that I think the current situation is unacceptable, whereby we are obliged to provide legal aid to anyone who starts a judicial review regardless of the strength of their case. If an individual has a strong case with their lawyer against a local authority, they should seek to recover their costs from that local authority. It is not the job of the taxpayer to bank-roll all cases.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Has the Lord Chancellor heard from the Bar Council since the Law Society sent me a letter yesterday describing the constructive progress that had been made in discussions? Does he recognise the genuine concern that when a fundamental change is made in the relationship between the two sides of the profession, it has to be after very careful consideration?
Chris Grayling
My right hon. Friend makes an important point. Over the past few weeks, I have had very constructive engagement with the Law Society and I welcome the counter-proposals it has put to us. We have recognised many shared objectives in that and it has behaved with professionalism over this matter. I was very disappointed that when the Bar Council submitted its report and recommendations to us in response to our consultation it did not contain the same degree of constructive engagement. I am due to meet the Bar Council later today and I hope we will see that change.
Karl Turner (Kingston upon Hull East) (Lab)
Now that the Lord Chancellor concedes that client choice is integral to the criminal justice system, when will he announce that price-competitive tendering has been dumped once and for all?
Chris Grayling
The hon. Gentleman needs to realise that the concept of competitive tendering in criminal legal aid was originated by his own party. Now we are hearing the Labour party oppose the things for which it argued for years, and it is typical of this Opposition that they will say one thing when in government, and when in opposition will say something completely different. I am proud to be part of a party that is defending health budgets and taking tough decisions in other areas; the hon. Gentleman is part of a party doing the opposite.
Mr Philip Hollobone (Kettering) (Con)
Although legal aid is no longer available for most family litigation, it is still available for family mediation, yet many mediation services have seen their inquiries halve since April because clients are under the mistaken belief that it is caught up in the changes. Given that mediation is often better than litigation, what can the Secretary of State do to advertise the fact?
Chris Grayling
I am very concerned to pursue that. I am aware of the issues that my hon. Friend mentions. It may well be down to the fact that there was a surge in cases prior to the legal aid changes that came into effect in April, but I can give him an assurance that this is very much on my radar, and I intend to pursue it.
Mr Andy Slaughter (Hammersmith) (Lab)
Last week, the Lord Chancellor was telling some of the 16,000 respondents to his legal aid consultation that their responses had been automatically deleted, but he must have read some of them, as they provoked his embarrassing U-turn on choice of solicitor yesterday. Will he now also U-turn on forcing small firms out of business and on giving cash incentives for guilty pleas, and will he abandon the further cuts in civil legal aid that will, according to the Parole Board among others, cost several times the £6 million he claims they will save?
Chris Grayling
Labour Members really do not get it, do they? Government Minister consults on proposals, listens, makes some modifications, and gives an early decision to help people, so they are not attacking proposals that have changed. Labour Members never listened to anybody when they were in government; they just ploughed ahead regardless.
The hon. Gentleman is the person who said, in 2011, that the Government should look for
“efficiencies in the criminal legal aid system,”
to
“save…money”.—[Official Report, 2 November 2011; Vol. 534, c. 958-9.]
We are now doing that; they have changed their minds. It is shambolic.
Andrew Stephenson (Pendle) (Con)
8. What representations he has received from smaller law firms on his proposals to reform criminal legal aid.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
The recent consultation “Transforming Legal Aid” generated around 16,000 responses, which, contrary to reports, have been read extensively by individuals, including many by myself. Many were from smaller law firms or those who work within a smaller law firm. I have personally attended events organised by the Law Society where I met many solicitors who practise with smaller firms. I met a number of people from smaller firms in the north-west last week, and we will continue to talk to all the representative bodies in the weeks ahead.
Andrew Stephenson
I thank the Secretary of State for his answer. On 24 May, when I met a number of solicitors and barristers from across Pendle, they raised several concerns with me. However, principally they believe the savings that my right hon. Friend is planning to make have already been made, and the figures the Government are using are out-of-date legal aid totals. What reassurance can he provide to them?
Chris Grayling
I can give my hon. Friend my assurance that that is not the case. There are a number of false rumours floating around. The figures that we used for the recent consultation were based on the criminal legal aid spend in 2011-12, which were the most up-to-date figures when we published the document. When developing these proposals, we have also taken fully into account the savings that came out of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which were presaged by the previous Government, who set in train the initial process towards cutting legal aid costs. However, given the continuing pressure on public finances, we do, I am afraid, still need to bear down on the cost of legal aid.
Jeremy Corbyn (Islington North) (Lab)
Could the Secretary of State assure the House that none of the e-mailed responses to his consultation has been deleted? To make everybody happy, will he ensure that every single one of them is published, because there seems to be a story out there that somehow or other his Department is not interested in the response to the consultation process, and therefore it has been deleting unwanted e-mails? I am sure that is not the case, but could he assure the House that it is not so?
Chris Grayling
My understanding is that that is not the case, and if there is any suggestion that it is the case, we will ask the people who sent the e-mails to resend them. However, I can assure the House that as far as I am aware, every submission is in our hands, is being read, and will be considered properly.
Tessa Munt (Wells) (LD)
All of us understand the need to control costs, but I wonder how the Secretary of State will ensure that the creation of a single fixed fee, payable regardless of whether an individual pleads guilty, will not create a direct conflict of interest between the legal representative and his or her client.
Chris Grayling
It is clearly in our interests to have a system where we encourage people who are guilty to plead guilty early. That saves money. It is the right thing to do for society. I do not believe or accept that we would be in a position where any qualified lawyer would try to encourage someone to plead guilty when they were not guilty, but of course we are listening to all the responses from the consultation and will bring forward further proposals in due course.
Sadiq Khan (Tooting) (Lab)
May I say, in the most courteous way, to the Justice Secretary that he should revisit some of the answers on legal aid he has given today? He is just wrong on a number of points. There is now a general consensus that his Department’s reform of court translation services was a shambles—the Select Committee on Justice, the National Audit Office and the Public Accounts Committee all agree. What differences are there in his plans to reform legal aid to avoid repeating the mistakes made in the previous set of reforms?
Chris Grayling
Let us be clear: it is no secret that the handling of contracting of translation services could have been better, and lessons have been learned. However, that service is now delivering to a very high standard and saving the taxpayer millions of pounds. The Opposition simply do not get that we have to take tough decisions to save money to deal with the mess they left behind.
George Eustice (Camborne and Redruth) (Con)
9. What assessment he has made of the effectiveness of the small claims procedure.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In April, the Government increased the limit in the small claims track from £5,000 to £10,000, with the aim of ensuring that more claims are resolved in a way that is accessible, proportionate and cost-effective.
George Eustice
I am grateful for that answer and welcome the raising of the threshold from £5,000 to £10,000, but a constituent of mine has highlighted some of the difficulties people have enforcing some judgments. My constituent had a judgment in his favour for £475 against a tradesman who failed to complete a task, but never received the money; he found that his only remedy was to incur further legal and court costs. Does the Minister agree that we need to review enforcement in such cases where payment is not made?
Mrs Grant
My hon. Friend makes a good point. Our “Solving disputes in the county courts” consultation considered reforms to the attachment of earnings order and the third party debt recovery order. We support those reforms and will implement them as soon as resources allow. Changes have been made to the charging order and order for sale procedures, which will help both creditors and debtors.
Ian Mearns (Gateshead) (Lab)
10. What steps he is taking to reduce reoffending.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
Under our “Transforming Rehabilitation” reforms, every offender released from custody, including those sentenced to less than 12 months in custody, will receive statutory supervision and rehabilitation in the community. We are also putting in place an unprecedented nationwide through-the-prison-gate resettlement service, whereby most offenders are given continuous support by one provider from custody into the community.
Ian Mearns
The Minister has already referred to the number of offenders who reoffend within 12 months, and we know that prisoners are spending an awful lot of time banged up in their cells, when what many of them really need is education, because all too many failed in or were failed by the education system before embarking on a life of criminal activity. Will the Minister undertake to ensure that more time in prison is devoted to prisoners’ education, so that they are better prepared for life outside and for employment?
Jeremy Wright
The hon. Gentleman is right: education is extremely important, especially for offenders who have very low levels of educational attainment before going into custody, of whom there are many. We are working on that. More prisoners are now doing education courses—more this year than last year. Of course, it is also important that prisoners go to work while they are in custody, and more hours were worked last year than the year before. I hope very much that that trend will continue.
Kate Green (Stretford and Urmston) (Lab)
Just last week, I met the Prisoners’ Education Trust and was told that much prison work is low skilled and does not in any way improve employability on release. What will Ministers do to ensure that prison work increases people’s qualifications, improves their CVs and gives them a genuinely better chance of taking up work following release from custody?
Jeremy Wright
The hon. Lady will understand that there are restrictions on the types of work that can be offered in a custodial environment, but there are jobs that will contribute to prisoners’ qualifications and experience. However, there is a wider point, which is that, for a great many prisoners, who simply have no experience of the world of work, the softer skills they need to be employable—working in a team, getting up in the morning and going to work for a full day—are valuable, too, and we will seek to extend those skills as far as we can.
Nigel Adams (Selby and Ainsty) (Con)
11. If he will take steps to ensure that in cases where a person has disappeared and is presumed dead, their family and loved ones are better able to deal with the practical and administrative issues that arise. [R]
Caroline Dinenage (Gosport) (Con)
13. If he will take steps to ensure that in cases where a person has disappeared and is presumed dead, their family and loved ones are better able to deal with the practical and administrative issues that arise.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
We are working with the General Register Office to create the rules and regulations necessary to implement the Presumption of Death Act 2013, which will create a single certificate of presumed death equivalent to a death certificate.
Nigel Adams
I welcome that response, and so will the family of missing York woman Claudia Lawrence. We have certainly moved on in the past few months and I am very grateful. Can my hon. Friend confirm that a Bill will be put before the House to deal with the issues around guardianship, and will she tell the House the likely time scale for that?
Caroline Dinenage
Leading Seaman Timmy MacColl went missing while in Dubai with the Royal Navy last May. He leaves behind a wife and three small children. The Royal Navy is now seeking to get a certificate of death without any face-to-face consultation with his wife. On top of the emotional strain, this casts a question mark over the family’s financial future and where they will live. To what extent can the Ministry of Justice liaise with the armed forces in such cases and ensure that the family are much more involved in these decisions?
Mrs Grant
I know that my hon. Friend cares deeply about these issues and has worked tirelessly in assisting this family in her constituency whose loved one has gone missing. The Ministry of Defence has its own procedures for presuming missing service personnel to be dead and does not liaise with the Ministry of Justice in individual cases, but if my hon. Friend would like some further information on the involvement of family members, I am happy to make representations to the Defence Secretary on her behalf.
Mr William Bain (Glasgow North East) (Lab)
12. What his policy is on whether the UK should continue to be a contracting party to the European convention on human rights.
The Minister for Policing and Criminal Justice (Damian Green)
The Government remain committed to the European convention on human rights and to ensuring that those rights continue to be enshrined in UK law. We are also closely involved in the process to reform the Strasbourg Court.
Mr Bain
The Foreign Secretary promised that there would be no downgrading of human rights under this Government, so can the Minister explain why the Justice Secretary and the Home Secretary believe it is right to end 60 years of strong human rights protection drawn up by British lawyers and politicians, which have served both the United Kingdom and Europe so well?
Damian Green
Every member of this Government is concerned with making sure that human rights remain one of the bases of a good democratic society. There is no secret about the fact that the two parties in the coalition Government may have slightly different views about how to enhance human rights in future. I am happy to assure the hon. Gentleman that on behalf of my party I am leading work to make sure that human rights do not get devalued by being exploited, particularly in the courts, by those who should not be exploiting the legislation for their own ends.
Miss Anne McIntosh (Thirsk and Malton) (Con)
I thank my right hon. Friend for this reply. Is he aware that one interpretation of the European convention on human rights could be that people are prevented from exercising freedom of conscience in relation to same-sex marriage in practising their profession while wanting to maintain their religious beliefs?
Damian Green
There are clearly a number of areas—my hon. Friend has mentioned one—in which the potential interpretation of the existing human rights legislation could lead to effects which many in this House and outside would regard as perverse. That is precisely the sort of area which we are looking at very carefully so that human rights can remain something that we all unquestioningly support.
Dr Julian Huppert (Cambridge) (LD)
I and my colleagues very much welcome the Minister’s commitment that this Government will stay within the ECHR. Does he agree that those who wish to leave ought to make it clear which articles of the convention they have a problem with, and which aspects they do not agree with? Are there any that he does not agree with?
Damian Green
Again, every member of the Government has made it clear that the original convention was written well and expresses views that all of us in the House share. Members in all parts of the House, even in the Labour party, might admit that the way the legislation is now being used brings human rights into disrepute and that we need to do something about it. That is the work that I am leading on behalf of the Conservative party.
Mr Dominic Raab (Esher and Walton) (Con)
14. What steps he is taking to improve literacy among prisoners.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
Part of a prisoner’s induction involves screening for literacy needs, and where such needs are identified, prisoners are offered teaching and support as a priority. Improving prisoners’ literacy is a key objective of the learning and skills service in custody. Improving literacy skills means that a prisoner has a greater likelihood of getting and holding on to a job when released, which helps to reduce reoffending.
Mr Raab
According to a recent Ministry of Justice survey, one in five prisoners needs help reading and writing. Charities such as Shannon Trust have pioneered peer mentoring and synthetic phonics to improve literacy rates. What steps is the Minister taking to expand such innovative programmes, and does he agree that they are absolutely crucial to equipping offenders with the skills they need to go straight on release?
Jeremy Wright
I agree with my hon. Friend. He is right to cite the Shannon Trust. Its Toe by Toe project is an extremely good example of what we are discussing. We will help it in any way we can. I hope that he will hear a little more about that over the rest of the summer. The important changes we have made to the incentives and earned privileges scheme go beyond simply what we may take away from prisoners; they are also about the incentives we give them to help other prisoners. In order to reach the enhanced level of the scheme, a prisoner will have to help someone else in prison. That is a good opportunity for more mentoring and more learning coaching of the type he describes.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
How supportive is the Minister of creative agencies getting into prisons to help improve language and literacy, and is he aware of any barriers they might have experienced to running workshops in prisons?
Jeremy Wright
I am certainly in favour of anything that can be demonstrated to assist in reducing reoffending, but there is another test that needs to be applied: a public acceptability test. The public have certain expectations of what should and should not happen in prison, so we need to apply that filter, but I am certainly interested in imaginative ideas that will help to drive down reoffending rates.
Dr William McCrea (South Antrim) (DUP)
Can the Minister assure the House that improving literacy among prisoners is provided equally across the United Kingdom? What consultation has he had with the Minister of Justice in the Northern Ireland Assembly?
Jeremy Wright
I understand the hon. Gentleman’s point. I think it is important to learn from good practice wherever it happens across the United Kingdom, and we will continue to try to do that.
John Pugh (Southport) (LD)
15. What impact assessment he has conducted on the potential effect of his proposed changes to legal aid on the quality and equity of legal representation in criminal cases.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Although we are clear that we must continue to bear down on the cost of legal aid, under our proposals, and indeed under any actions we take, quality legal representation will still be available to all who need it.
Chris Grayling
I agree with my hon. Friend. Of course, I regard the qualifications available to both the solicitors’ profession and the Bar in this country as of a high international standard. If a qualified solicitor or barrister is available to help somebody in a legal predicament, that is a sign that we are doing the right thing to support them and that will not change.
Derek Twigg (Halton) (Lab)
Why, then, did the Secretary of State think it was a good idea to limit whom a person can pick to be their solicitor?
Chris Grayling
My key concern is to ensure that we have universal coverage, even in tough times. I have consulted the legal profession, put forward ideas and listened, which I think is what they hoped a Government would do. I have made a modification, but nobody, and certainly not the Labour party, should be under any illusions: we have to meet financial targets and tough decisions lie ahead. The question is whether the Opposition support those changes, because I have heard no suggestion that they would reverse them.
Mr Andrew Turner (Isle of Wight) (Con)
My right hon. Friend and I have already spoken about this subject. I believe that there would be very great difficulties for people in need of legal aid on the Isle of Wight. The travelling times and the difficulty and cost of accessing legal advice on the mainland would be of a completely disproportionate magnitude to those experienced elsewhere in the country. Will he outline how he plans to address that problem?
Chris Grayling
One of the comments from colleagues in the House and elsewhere, which we must clearly factor in when developing the next stage of the proposals, is what we will do in areas that are rural or have particular geographical issues. That is something I am very mindful of—
Chris Grayling
It is all very well for Labour Members to say that it is a mess, but we are making changes that they recommended and said were necessary. We are making a financial decision to sort out a mess they left behind. [Interruption.] Where do they stand?
Mr Speaker
Order. The hon. Member for Kingston upon Hull East (Karl Turner) should not keep prating noisily from a sedentary position. When he was practising at the Bar, he would not have behaved like that in the courts. Due decorum should be observed by the hon. Gentleman.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
This Government’s handling of the proposed changes to legal aid has been absolutely shambolic. Not only are they proposing to restrict access to legal aid—a right that goes back to Magna Carta—but their proposal will actually cost more. When will the Minister get a grip?
Chris Grayling
Sometimes, Mr Speaker, you have to pinch yourself when you hear Labour Members. It is true that we are going to limit access to legal aid to people who have a net disposable income of more than £3,000 a month after tax, national insurance, mortgage payments, food, council tax, and child care. My view is that if people have that much disposable income, they can make a contribution. Labour is only a party for the rich these days.
Mark Menzies (Fylde) (Con)
16. What assessment he has made of recent trends in the development of judicial review.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
There has been a significant growth in the number of judicial review claims, increasing by 86% between 2007 and 2012. Judicial review will continue to play an important role in holding Government and others to account.
Mark Menzies
Does the Minister agree that too much time and money are being spent on weak and unmeritorious cases, and that this needs to be addressed with some urgency?
Mrs Grant
My hon. Friend makes an excellent and astute point. Judicial review is a crucial check on the power of the state, and it will remain so. However, it is also subject to abuse—stifling innovation, frustrating reforms and incurring considerable cost. Our reforms will tackle the burden while maintaining the benefits of the rule of law and access to justice.
Robert Flello (Stoke-on-Trent South) (Lab)
Aside from the near impossible job of getting the Attorney-General to quash an inquest, the only route that families have to challenge a coroner’s decision is through judicial review. The Government have already stopped bereaved families having a proper coroners appeal system. Is not the restriction of judicial review a further kick in the teeth for bereaved families?
Mrs Grant
I do not agree with the hon. Gentleman. He is well aware of the actions that have been taken for bereaved families. I will not go into too much detail now, but I will say, picking up the point about judicial review, that these proposals strike the right balance and a fair balance, and they are proportional and targeted. The system is already subject to abuse. The reforms that we will put forward will not restrict access to justice or the rule of law, nor the right to a fair hearing.
Kelvin Hopkins (Luton North) (Lab)
T1. If he will make a statement on his Departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
My hon. Friend the Member for Bury North (Mr Nuttall) has already referred to the new prison in north Wales, and I thought it might be helpful to update the House on our plans. The purpose-built institution that we are planning will hold about 2,000 prisoners and bring about 1,000 jobs and a £23 million boost each year to the region’s economy. We expect work to start on the build in summer next year, with the aim of being fully operational by late 2017.
I want to put on record my thanks to the Welsh Government and the local authorities in the region for their co-operation in helping this, the first prison in north Wales, to become a reality. We will announce the specific set of sites in due course. I believe that this is the right thing for this part of the country and the right way to meet prison capacity demands. New prison builds represent much better value for money for the taxpayer, but as the recent report from Policy Exchange recognised, they are also the right way for us to cut this country’s stubbornly high reoffending rate. That is another reason why the announcement of this Government investment is such welcome news.
Kelvin Hopkins
Only two years ago the probation service was awarded the British Quality Foundation Gold Medal for Excellence and was lavishly praised by the then responsible Minister, who was later sacked to be replaced by hard-line privatisers who are now determined to force more public money into private pockets, whatever the consequences. Is not that the simple truth?
Chris Grayling
It is important that Labour Members understand what they are saying when they oppose these reforms. Every day of every week, a young person, very often somebody who has grown up in the most difficult circumstances and found themselves with a short sentence in jail, is walking back on to our streets with £46 in their pocket and no support, and the majority reoffend. That is a scandal, it needs to stop as quickly as possible, and that is what we are aiming to do.
Mr Gary Streeter (South West Devon) (Con)
T2. May I commend my right hon. Friend for his courage in trying to tackle the legal aid budget, which certainly does need to be addressed, and thank him for the genuine consultation exercise on which he has embarked? May I gently suggest to him that, in particular, the plans for large criminal law legal aid contracts in rural areas need to be looked at? I am concerned about the decimation of specialist firms in Plymouth. I support his approach, but could he please look again at that issue?
Chris Grayling
I can give that assurance. As I said a moment ago, this is one of the things that has come out of the consultation—it is a genuine consultation, although I know that Labour does not believe that it should be genuine—and we are listening and I will review it over the next few weeks.
Sadiq Khan (Tooting) (Lab)
And all said with a straight face!
It is a statement of fact that the Justice Secretary’s plans for the probation service will lead to serious sexual and violent offenders being supervised by the likes of Olympic security and Work programme experts G4S, A4e and others. Why has he refused my freedom of information request to see the risk register for these plans?
Chris Grayling
Labour simply will not accept the need for change and for those under-12-months prisoners to be supervised. As the right hon. Gentleman knows, when his party was in government he did not publish risk registers, either. This is another example of Labour doing one thing in government but wanting the rules to change the moment it moves into opposition. It is very unedifying.
Sadiq Khan
May I gently advise the Justice Secretary to seek advice from the Leader of the House, the former Secretary of State for Health, about how that movie ended for him?
The rest of us saw leaks of the risk register in last week’s media. What would the risk register need to say for the Justice Secretary to change his plans, or does he really not care?
Chris Grayling
Again, the right hon. Gentleman has conveniently forgotten what the purpose of a risk register is: it is a management document designed to ensure that we look at all the issues a project should address when formulating its plans and that we take the necessary steps to ensure that the process runs smoothly. That is what we are doing, and we are doing it because there is a large group of mostly young people on our streets who are likely to reoffend and have no support at all at the moment. I think that that is a problem worth sorting.
Sir Nick Harvey (North Devon) (LD)
T3. May I pursue a little further the point made by my hon. Friend the Member for South West Devon (Mr Streeter) about the impact of these legal aid changes in rural communities? Does the Secretary of State recognise that in remote communities like my North Devon constituency all this work is currently undertaken by small firms that will not be big enough to tender for contracts, and that if they are not able to keep the critical mass of work in this area, they will not be there to be subcontracted to by bigger firms? How far will my constituents have to go for legal representation in the future?
Chris Grayling
We need to ensure two things. We have to bring down the cost of criminal aid, so no change is not an option. We have consulted on a package of proposals and there will have to be change in the solicitors sector. The Law Society itself accepted that in a letter to the Select Committee yesterday. However, as I have said, one of the issues that arose from the consultation related to rural areas and we will consider it very carefully.
Jeremy Corbyn (Islington North) (Lab)
T4. In answer to questions asked by my hon. Friend the Member for Glasgow North East (Mr Bain) and others a few minutes ago, the Secretary of State and his colleagues were less than clear about the European convention on human rights. Which part of it do they object to and want to change, and are there plans to leave the convention altogether?
The Minister for Policing and Criminal Justice (Damian Green)
I am sorry that the hon. Gentleman did not hear my answer. There is genuine discontent about the way in which the perfectly reasonable articles in the convention have been misused in this country’s legal system, such that in many cases people who should not be able to use them misuse them in order to abuse this country’s hospitality by staying here when they have no right to do so and generally bring the whole concept of human rights into disrepute. The hon. Gentleman and I would agree that human rights ought to be the bedrock of a democratic society, but the problem with the current system is that that is in danger of no longer being the case. I would have hoped that he would welcome our attempts to reform it.
Mr Philip Hollobone (Kettering) (Con)
T5. If it is true that there are still almost 11,000 foreign national offenders in our prisons, what steps are being taken to negotiate compulsory prisoner transfer agreements with other nations so that these people can be sent back to secure detention in their own countries?
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
My hon. Friend is absolutely right that that is the right objective. We have negotiated a compulsory prisoner transfer agreement with Albania, which is a high-volume country. That was concluded in January. We are making better use than ever before of the European Union prisoner transfer agreement. My hon. Friend will be pleased to hear that some 200 cases are currently processing through that method. We will remove as many as we can because, as my hon. Friend has heard me say before, the right place for foreign national offenders is their own country, not ours.
Andy Sawford (Corby) (Lab/Co-op)
T6. Is the spoof Twitter account @FailingGrayling a reference to the failing Work programme or to the rushed probation reforms, which are sure also to fail?
Chris Grayling
The Work programme is not in my remit now, but Members will have noticed that in the past couple of weeks we have published figures showing that more than 300,000 people have started work through the Work programme and that 132,000 of them have completed lengthy periods in work, all at a fraction of the cost of the programmes that we inherited from the previous Government.
Mr Laurence Robertson (Tewkesbury) (Con)
T8. The Secretary of State has expressed his concern recently about the use of cautions for people who commit burglary. What progress has he made on strengthening sentences, particularly for those who have been convicted of burglary, because it remains a serious offence?
Damian Green
I share my hon. Friend’s concerns. He will know that burglars now face sentences of up to 14 years and that those who commit a third domestic burglary face a minimum sentence of three years’ imprisonment. I am also happy to inform him, and those who are chuntering on the Opposition Front Bench, that the number of burglaries is clearly going down. Over the past 12 months, the number of burglaries has fallen by 3,000. That is an example of how our police reforms are working and how crime is falling in this country.
Mr William Bain (Glasgow North East) (Lab)
T7. The Conservative party has always claimed to be suspicious of an over-mighty state. Why, then, do the Justice Secretary’s plans for judicial review reform strengthen the role of the state at the expense of the rights of individual citizens?
Chris Grayling
I do not believe that anyone should just be able to make a case, find a lawyer and have the initial application paid for. That is what we are going to change.
Ian Swales (Redcar) (LD)
T9. In its court translation services, Capita is delivering only 90% compliance against a contract level of 98%. Will the Minister tell the House the overall cost of that failure to the Courts Service and the total amount of the penalties that have been levied on Capita?
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The were difficulties and teething problems at the beginning, but the contract is now running at a very good success rate. The contract saved the taxpayer £15 million in the first year. I believe that it will be more effective, accountable and transparent than the previous version.
Ian Mearns (Gateshead) (Lab)
T10. There are significant questions of confidence relating to the Justice Secretary’s plans to privatise courts, not least from the Lord Chief Justice, and the Justice Secretary’s own officials have little confidence in his plans to privatise the probation service. Does anyone in the criminal justice system have any confidence in the Justice Secretary?
Chris Grayling
I am grateful to the hon. Gentleman for giving me the chance to make it clear that I have no plans to privatise the Courts Service. I have every intention of giving it additional commercial freedoms so that it is able to charge a proper rate from those who can afford to pay it. For example, when Russian oligarchs come to London to use our courts, it is right and proper that they should pay a significant amount for the job, as well as their substantial legal fees. I am sorry to hear that the Labour party is championing low bills for the rich and not the right job for this country.
Mr Henry Bellingham (North West Norfolk) (Con)
Will the Secretary of State refute again the ridiculous scare stories? Does he agree that even combined courts in the counties can be more flexible, efficient and innovative, and that any talk of privatisation is ridiculous?
Chris Grayling
My hon. Friend is absolutely correct. What we are hearing from Opposition Members throughout this sitting is that they are the same old Labour party: they have no answers to any of the problems, they oppose any change and they oppose savings. Frankly, they are not fit to be an Opposition, let alone a Government.
Ann Coffey (Stockport) (Lab)
The appointment of registered intermediaries is an underused special measure for child witnesses. Because children do not hear or understand language in the same way as adults, they can find cross-examination very confusing. What more can Ministers do to encourage the appointment of registered intermediaries to help children give good quality evidence in court?
Damian Green
The hon. Lady is right that registered intermediaries do an extremely good job. On the wider front, I hope she is aware of the measures that we are taking to protect vulnerable witnesses and young vulnerable witnesses in particular. We have announced the reform that will allow them to give interviews by video link, so that they do not have to be in court; we are looking at ways to avoid unnecessary multiple cross-examinations by barristers; and we are piloting ways of allowing them to give evidence by video in advance. We have a number of ways to protect such witnesses.
Duncan Hames (Chippenham) (LD)
I understand the need to bear down on costs that is driving the Lord Chancellor’s legal aid reforms. Given the disproportionate cost of defending corporate fraud cases, will he consider other ways to make savings, such as requiring those costs to be met out of companies’ public liability insurance?
Chris Grayling
I am all in favour of making anyone involved in our court system make greater use of insurance, as they do in Germany. However, it is a difficult place to get to if we are asking victims of crime to contribute to the cost of prosecuting that crime.
John Cryer (Leyton and Wanstead) (Lab)
Further to Topical Question 1, will changes to the probation service mean that reoffending rates rise or fall? I am not asking for another paean for privatisation—will reoffending rates be cut or will they rise?
Chris Grayling
Evidence from where we have put such changes into practice in Peterborough—we have just published the first findings of the kind of mentoring approach I am talking about—shows a noticeable drop in the level of reoffending. I am confident that the reforms will deliver that. It is much needed.
Graham Evans (Weaver Vale) (Con)
What plans does my right hon. Friend have to improve the number of court cases that go ahead on the day that has been scheduled, in order to reduce the upset caused to victims and witnesses?
Damian Green
My hon. Friend is right to identify that problem. We have just published a wide-ranging transformation of the criminal justice system, which will include much better use of technology to ensure that information available to the court helps the case go ahead on the day. There is also the use of more specialist courts for high-volume regular business that can be taken out of magistrates courts. That will enable magistrates to use their expertise where it is used best—in more complex cases—and enable cases to go ahead more often on the day planned, for the greater convenience of victims.
Fiona Mactaggart (Slough) (Lab)
Will the Secretary of State promise the House that if he were to close a women’s prison, he would ensure that some of the savings that arose went towards preventing women from going into prison in future?
Chris Grayling
The answer is yes. Our probation reforms will also involve greater mentoring support for those who receive community sentences. Our aim is to stop people going to prison in the first place, and help prevent them from going back if they do end up in prison.
Gavin Barwell (Croydon Central) (Con)
My constituents expect prison to be a place of punishment and rehabilitation, not to provide a more comfortable lifestyle than the one inmates enjoy on the outside. Will the Minister explain how the incentives and earned privileges scheme will operate in the new prison planned in north Wales, and say whether daily life will be significantly different from elsewhere?
Jeremy Wright
My hon. Friend will be pleased to hear that the incentives and earned privileges scheme will operate in all our prisons from 1 November. It will mean that prisoners have to earn their privileges by doing more than just keeping their nose clean, and by engaging in their own rehabilitation. That is good for combating reoffending, and is the sort of process that people would expect to happen in our prisons.
Mr Speaker
Order. I would love to hear from more colleagues but we must move on.
Afghanistan and EU Council
(11 years, 4 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, and also report back on last week’s European Council.
I visited Afghanistan on Armed Forces day, to pay tribute to the extraordinary men and women who risk their lives every day to serve our country. We should remember in particular the 444 who have lost their lives in Afghanistan. I hope the whole House will welcome the decision to use money from banking fines to build a permanent memorial at the National Memorial Arboretum in Staffordshire so that our generation—and every future generation—can remember and honour the sacrifice that they have made for us.
We are in Afghanistan for one reason: to protect our national security by stopping that country being used as a base from which to launch terrorist attacks against our people and our allies around the world. That requires a security response: resisting Taliban insurgent attacks, driving out al-Qaeda, and training Afghan forces to take on that task for themselves. It requires a political response: supporting the Afghans to build a more peaceful, democratic and prosperous future, including a peace process. It also requires a diplomatic response, working in particular with Pakistan, which has a vital role in fighting terrorism in the region. Let me take those three points in turn.
On security, four years ago three quarters of the most serious terrorist plots against the UK had links to Afghanistan and Pakistan. Today, it is less than half. British and international forces have stopped Afghanistan acting as a safe haven for al-Qaeda, and Afghan forces are taking the lead on security right across the country. At the weekend I went to Camp Bastion, Lashkar Gah and the forward operating base at Durai. The British forces I met are absolutely clear about the capability, confidence and leadership of the Afghan forces. Afghan forces already deliver 90% of their own training, and all the 1,000 police patrols in central Helmand each week are now conducted alone without international security assistance force support. It is that growing capability that enables us to draw down our troops. Our numbers in Afghanistan have already reduced from 9,500 to 7,900. By the end of this year, they will be about 5,200. Until recently, we were in 137 different bases. We are now in 13 bases and by the end of the year it will be four or five bases. By the end of next year, when Afghan forces take on full security responsibility, there will be no British troops in any kind of combat role at all. Beyond 2014, small numbers of British troops will remain to help the Afghans deliver their national army officer academy, and this was a request from the Afghan President himself. We will also contribute £70 million a year as part of international financial support for Afghan security beyond 2014.
A strong security response must also be accompanied by a strong political response. In Helmand, we have been working for many years to support the development of better governance, local justice, public services and the chance for Afghans to build sustainable livelihoods that do not involve drugs. Some 130,000 children are now in school, including 30,000 girls—something that would have been impossible under the Taliban—and 80% of the population can now get health care within 10 km of their home. At the national level, the political process is moving forward too. At the weekend, President Karzai assured me of his commitment to the first peaceful democratic succession of power in living memory, following next year’s elections at the end of his second and final term. More than 50,000 new voters have already registered, including over 10,000 women. Britain is supporting this with £4.5 million of aid targeted specifically to increase women’s participation.
The progress in Afghanistan is a challenge to the Taliban. The combination of the successful build-up of the Afghan national security forces and progress on the ground demonstrates that the way to a role in Afghanistan’s future is not through terror and violence, but only by engaging in a political process. So I welcome plans to begin direct talks with the Taliban. The peace process must be Afghan led, but we should do all we can to support it. That does not signal any weakening of our security response, but if we can persuade people that there is a legitimate political path for them to follow, we should do so.
We also know that the problems in Afghanistan will not be solved in Afghanistan alone. The support of neighbouring countries such as Pakistan will be vital. On my visit to Pakistan, I was greatly encouraged by the commitment of the new Prime Minister, Nawaz Sharif. His election was the first ever democratic transition in that country from one elected Government to another. I believe that that represents a precious sign of progress in Pakistan. We discussed our trade, economic and cultural ties. We also agreed to work together in countering extremism and radicalisation, investing in education, tackling poverty and dealing with all the issues that can fuel terrorism. Building on the trilateral process I have been leading between the UK, Afghanistan and Pakistan, I welcomed the Prime Minister’s commitment to working with Afghanistan in defeating terrorism across the region.
Let me turn to last week’s European Council. This was rightly focused on sorting out Europe’s economy by doing what we are doing in Britain: getting a grip on spending and supporting private enterprise to create jobs and growth. On spending, the Council finalised, with the European Parliament, the seven-year budget deal we successfully negotiated in February. This agreed new flexibilities between different years and between different budget headings. Crucially, the deal delivers, for the first time, a real-terms cut in the credit card limit for EU spending for the next seven years. There was no change to the February deal, which set total payments at €908.4 billion across the next seven years. That compares with €943 billion in the past seven years. However, in this process there was a further attempt to unpick the British rebate. In February, after repeated attempts to water down the rebate, we reached a clear deal that it would remain unchanged. This was reflected in the Council conclusions that I reported back to this House. The discussion that took place was not necessary and frustrating, and it was frankly unacceptable that we had to go through it all over again. The proposal to remove our rebate on agricultural spending in new member states would have cost the British taxpayer more than £1.5 billion. That has now been categorically rejected. We will continue to get the rebate in the years ahead on the same basis that we do now. It is fair, it is right, and, unlike the previous Government, this Government will not agree to weaken it or give any part of it away.
At the Council there was a particular focus on tackling youth unemployment by supporting the private sector to create jobs and tackling burdens that hold back our businesses competing in the global race. [Interruption.] What we did—to answer the shadow Chancellor—was agree that the European Investment Bank would increase its lending by 40%, with more finance for small and medium-sized businesses. We agreed to do more to help young people not working to acquire the skills that the private sector needs through proper educational training—very much along the lines of Britain’s £1 billion Youth Contract. We also agreed to scrap unnecessary EU regulation, which ties up our businesses in red tape when they should be growing and creating new jobs. To give additional detail and urgency to the Commission’s work, in the UK we will establish a new business task force with six of our best business leaders to take a fresh and ambitious look at the impact of EU regulation on our companies.
It is vital that we expand our trade and increase overseas investment into the UK. That is one of the reasons I was the first serving British Prime Minister to visit Kazakhstan on Sunday and Monday. Since 2000, that country has seen growth at an annual rate of between 8% and 9%. Per capita income has doubled and Kazakhstan has the potential to be the sixth largest oil and gas producer in the world. My business delegation signed deals worth over £700 million, all of which will help to create and sustain jobs right here in the United Kingdom.
Finally, the Council welcomed Croatia, which became the newest member of the European Union at the weekend. We also agreed to start negotiations on accession with Serbia, and on a stability and association agreement with Kosovo. When we remember what happened in the Balkans within our political lifetimes, it is a remarkable achievement that these countries are now joining or preparing to join the EU, with a sense of peace and stability. Britain is proud to support them.
Each of these steps at the Council was about doing what is right for Britain and right for Europe. It is in our national interest to get spending under control, to make Europe more competitive and to expand EU membership to the Balkan states. Openness, competitiveness and flexibility are vital elements of the fresh settlement that I believe is needed for the European Union. We want more of a say for national Parliaments and powers to flow back to member states, not just away from them. This is a new settlement that I intend to put to the country in a referendum within the first half of the next Parliament—a referendum that will give the British people the in/out choice they want and which my party will offer at the next general election. It is a referendum that my party will be voting for in this House on Friday, and I commend this statement to the House.
Edward Miliband (Doncaster North) (Lab)
May I start by associating myself with the Prime Minister’s remarks about Afghanistan? I join him in paying tribute to our troops for the extraordinary job they have done over the last decade. I join him, in particular, in remembering all those who have lost their lives—and their families and loved ones as well. It is right that the Government have set a date for the withdrawal of our forces from Afghanistan, but it is also right that the international community, including the UK, continues to make a contribution to Afghanistan’s long-term security post 2014.
Let me ask about post-2014 arrangements, political stability in Afghanistan and co-operation with Pakistan. On the arrangements for 2014 and after, can the Prime Minister provide a bit more detail on the specific nature of the UK forces’ role? Can he say whether, beyond officer training, there will be further responsibilities for any UK forces? Can he say at this stage what objectives will determine the length of stay of any residual UK force? On political reconciliation in Afghanistan, I agree with him about the importance of a proper political process. Can he tell us what the prospect is, in his view, of getting the political talks on track—including with the Taliban, which he mentioned in his statement—and on what timetable that might be possible, given the end-2014 deadline for our combat forces?
Turning to relations with Pakistan, I join the Prime Minister in recognising the vital bilateral relationship between Pakistan and the United Kingdom. I also join him in expressing the belief that the UK will need to build strong working relationships with the newly elected Pakistani Prime Minister, Nawaz Sharif, especially with regard to the future of Afghanistan. There is wide support across this House not just for an inclusive political settlement in Afghanistan, but for a regional settlement involving Afghanistan’s neighbours. That was the reason for the Prime Minister’s Afghanistan-Pakistan Chequers summit five months ago. In the communiqué there was a commitment to building
“a peace settlement over the next 6 months.”
Can the Prime Minister say what progress has been made since and what more can be done to achieve that goal?
Let me turn to the European Council. I join the Prime Minister in welcoming Croatia’s entry into the EU, the start date for EU-Serbia accession negotiations and the association agreement with Kosovo. On the European budget, the House was right to vote for a real-terms cut last October, and we support the recent agreement on the European budget and rebate, including the European Parliament’s agreement. It would be a shame to let this occasion pass without quoting the Prime Minister’s flowery words at his press conference last week. I am sure the House will be interested to hear that he said that
“in this town you have to be ready for an ambush at any time, and that means lock and load and have one up the spout”.
I have to say that that sounded more “Carry On up the Council” than “High Noon”, but let us leave that to one side.
Let me turn to the discussions on youth unemployment, which was supposed to be the main subject of the summit but which formed only a small part of the Prime Minister’s statement. There are 26 million people looking for work in the European Union, and nearly 6 million unemployed young people. Nearly 1 million of those young people—one in six across the European Union—are here in Britain. Targeting any extra resources at tackling youth unemployment is welcome, but does the Prime Minister really believe that the response was equal to the scale of the challenge?
At the press conference after the summit and again today, the Prime Minister said the Council had agreed to take action
“very much along the line of Britain’s…youth contract”.
That is worrying news. Last year, the Prime Minister launched the Youth Contract, which he said was
“going to do enormous amounts on youth unemployment”.—[Official Report, 9 May 2012; Vol. 545, c. 24.]
So will he explain why a survey of 200 employers last week revealed that none of them—not a single one—had used the Youth Contract to hire a young person? The Youth Contract is not the solution to Europe’s unemployment problem. Frankly, the summit did not mark the long-overdue recognition that the current economic approach across the EU is leaving millions of young people without employment or prospects, and fearing for their future.
Of course we should look at EU regulation, as the Prime Minister proposes, but does he seriously believe that that is the solution to youth unemployment, including in Britain? The European economy is struggling and the British economy has not grown as the Government promised. That is why nearly 1 million young people are still looking for work here in Britain. That is also why long-term youth unemployment is up by 158% since he took office and why his Youth Contract is failing. The truth is that the Prime Minister can hardly argue effectively for action in Europe on youth unemployment when he is so transparently failing here at home.
The Prime Minister
I am grateful to the right hon. Gentleman for his response. Let me take his questions in turn.
First, on the post-2014 position in Afghanistan, we have not taken any decisions beyond those that I have described on the officer training academy and the force protection that will go with that, and on the funding of the Afghan forces going ahead. In terms of other commitments, I would make the point that this country has played a very big part but we have also paid a very big price. So I think it is right to focus on the one thing we have been asked to do by the Afghans, and we will take pleasure in running the officer training academy rather than looking for ways to go beyond that.
On the political process, the timetable is urgent and we want the meetings to take place as rapidly as possible. I spoke to Mr Rabbani, who runs the High Peace Council and who is ready to meet and speak to the Taliban. We have to accept, however, that the opening of the Doha office and the way in which that was done and advertised have caused a setback and are deeply unpopular in Afghanistan. Nevertheless, the idea of a peace process, and of getting them to talk, is right, and I believe that it will happen.
I agree with what the right hon. Gentleman said about Pakistan and the democratic transition. I also agree with what he said about the trilateral process, which has helped to move the agenda forward. Since Chequers, for instance, there has been progress on the release of prisoners so that talks can take place, and other discussions on conferences, borders, police and military co-operation have also made progress.
The right hon. Gentleman talked about the EU, and mentioned my rather “flowery” language. The point I was trying to make is that we have to recognise that 27 other countries want to get rid of the British rebate, and we can add to them the European Council President and the European Commission. That is why you have to make sure that you take a tough approach and that you are ready for anything. We know that Labour’s approach is to go in with their hands up and waving a white flag. That is what you get. The difference between us is that we have kept the rebate while they gave so much of it away. That is the truth.
The right hon. Gentleman talks about youth unemployment. Let me point out to him that youth unemployment in the UK is down by 43,000 this quarter and down 60,000 since last year, but we are not in the slightest bit complacent. He asked about the Youth Contract, and 100,000 young people have used work experience, which has got many of them off benefits and into work. Our Work programme, according to the figures announced yesterday, has seen 320,000 people getting work. That makes it almost twice as successful as the flexible new deal.
In terms of international comparisons, over the last year youth unemployment fell faster than in the USA, Germany, Canada, France and Italy. [Interruption.] The right hon. Gentleman asked about the Youth Contract, and I have already told him that 100,000 young people are getting work experience. I know that Opposition Members think that that is not worth while, but we on the Government side think it is worth while.
What I thought was interesting about the right hon. Gentleman’s response was that we heard not a word about the referendum that we are going to discuss and debate on Friday. I think I know why. The right hon. Gentleman has said that he is not in favour of a referendum; the shadow Chancellor has said that it is pretty stupid not to have a referendum; his chief adviser has said that it is conceivable that they might have a referendum—mind you, his chief adviser thinks all sorts of things are conceivable. Now the Labour leader has a new approach, announced in The Sunday Times—that Labour is not going to talk about a referendum. I think I can sum up the right hon. Gentleman’s policy in three words: weak, weak, weak.
Sir Peter Tapsell (Louth and Horncastle) (Con)
May I ask the Prime Minister a question that I have asked other Ministers over the years? To which central authority will the Afghan national army owe its allegiance? As the army is mainly recruited and officer-led by Tajiks and Uzbeks, with the Pashtun very unrepresented, what is more likely than that there will be a civil war between the old Northern Alliance and the Taliban after 2014, which will put Afghanistan back into the chaos that existed when the Russians withdrew?
The Prime Minister
Let me try to answer all my right hon. Friend’s questions. In terms of the Afghan national security forces, which are getting towards the number of 340,000—a sizeable investment that the international community has made—the Afghan army will be accountable to the Afghan Government and the Afghan President. That is how it should work. My right hon. Friend is right to say that we still need to work on the balance of the different ethnicities in the Afghan national army, but Pashtuns are being recruited to it. I recently had the great honour of speaking at the passing-out parade of new officers at Sandhurst, and I gave an award to a Pashtun from Helmand who had passed out of Sandhurst and was about to serve in the Afghan national army.
My right hon. Friend’s point about the need to avoid a splintering of Afghanistan is absolutely right. We want to avoid that, and I think the Afghans want to avoid it. That is why it is so important that we continue, long after our troops have left the combat role, to fund the Afghan national security forces, as well as continuing to fund Afghanistan. If we do that, and if the successor to President Karzai properly balances and understands the different pressures in the country, I see no reason why it cannot stay together.
Mr Bob Ainsworth (Coventry North East) (Lab)
The Afghan forces have improved their capability year on year, but there are still challenges in logistics and equipment. I am told that there are no plans for us to pass over or gift any equipment to the Afghans—even some of the more theatre-specific equipment that we have acquired over the years. If all the ISAF countries adopt the same attitude, how are those challenges going to be met after the draw-down of the combat mission?
The Prime Minister
First of all, we look at all the equipment we have and at individual Afghan requests to see whether it is something that we can make available. The right hon. Gentleman is absolutely right to say that the capabilities of these forces have increased. As he knows, in talking to our forces out in Afghanistan, it is striking to find out that we are talking to people on their second or third tour, who have seen a radical improvement in what is available. One of the challenges is making sure that the Afghan army has all the enablers and all the assistance it needs—and the Americans are specifically looking at that problem. What has been noticeable about the recent attacks on Kabul is that they were dealt with entirely by the Afghan national security forces—and dealt with very effectively.
Sir Menzies Campbell (North East Fife) (LD)
May I commend the Prime Minister for his decision to ensure that a proper memorial will be created at the National Memorial Arboretum—a decision that I am sure the whole House would welcome?
In the course of his discussions with the new Prime Minister of Pakistan, was there any consideration of the problems caused by the border tribal areas, which have been used in the past as a safe refuge for those elements of the Taliban determined to thwart the efforts of NATO and, indeed, to bring down the Karzai Government? So long as the borders remain porous and these particular areas provide safe havens, it will be very difficult indeed to achieve the objectives that our Prime Minister and the Prime Minister of Pakistan obviously agreed upon.
The Prime Minister
I am grateful to my right hon. and learned Friend for his question. The memorial at the National Memorial Arboretum is the right move and I think it is important that some elements of the very moving memorial at Camp Bastion are transferred to the arboretum so that there is real continuity.
The problem of the tribal areas in Pakistan, this problem has dogged the country for decades. I did discuss the issue with both the Afghan President and the Pakistan Prime Minister. The simple point is this: it is in both countries’ interests that the danger of Talibanisation is dealt with. It is a threat to Pakistan that there are Pakistan Taliban in Afghanistan, and it is a threat to Afghanistan that there are Taliban in Pakistan. Both countries need to understand their shared interest in dealing with both these threats. They need to recognise the importance of dealing with them together, so that we have a safe, stable and democratic Pakistan and a safe, stable and democratic Afghanistan.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
When the Prime Minister discussed issues with fellow leaders at the weekend, did he mention to them his Bill on the referendum on Friday? In particular, what view was taken of the fact that he required the good offices of one of his Back Benchers to bring it forward as a private Member’s Bill and not a Government Bill?
The Prime Minister
I did not explain all the intricacies of parliamentary procedure, but during the very good debate on the future of economic and monetary union, which was one of the sessions of the European Council, I made clear the view that I have often made clear in this House—that, just as the countries within the eurozone need change and need to integrate more, so countries such as Britain, which in my view will not and should never join the eurozone, need changes, too. We need to make the European Union flexible enough to include both sorts of countries. I think there is a growing recognition that this is the case.
Mr Speaker
Order. Given that Ministers were originally proposing to have their names on the private Member’s Bill, it is probably as well that the Prime Minister was not seeking to explain the intricacies of parliamentary procedure to his European colleagues.
Richard Ottaway (Croydon South) (Con)
I quite agree with the Prime Minister that the correct message to the Taliban is that stability is best achieved not through violence, but through negotiations. Further to questions from the Leader of the Opposition, will my right hon. Friend say what the prospects for the talks are? To what extent are regional players going to be involved, and will Pakistan be a part of that regional settlement?
The Prime Minister
I think the overall prospects for talks between the Taliban and the High Peace Council—the right body in Afghanistan to hold these talks—are good. We have to recognise, however, that the way in which the Doha office was established, when it advertised itself as the Islamic emirate of Afghanistan, has caused a setback, and that is rightly deeply unpopular in Afghanistan. As I discussed with President Karzai, the sense is that it is in the interests of Afghanistan for all Afghans to see a Government and a future in which they can have confidence and for the Taliban to lay down their arms and stop fighting. That is in their interests, so although there has been a setback, the underlying logic of what needs to happen is still there.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
When the right hon. Gentleman was in Islamabad, did he discuss with our high commissioner the operation of the entry clearance office, which is currently preventing the mother of a constituent of mine who is dying of cancer from visiting him in Manchester before he dies? Did he discuss with Nawaz Sharif the American drone attacks on Pakistan, which violate Pakistan’s sovereignty, kill very large numbers of innocent people and are a war crime, violating international law?
The Prime Minister
I did not discuss any specific cases with our high commissioner, but I did discuss with him the important operations of our visa processing and the very important work that he does. I think this is a good moment for me to pay tribute to our high commissioner and to his hard-working staff.
As for the second issue raised by the right hon. Gentleman, nothing was off the table during my discussions with Nawaz Sharif. I think that the right approach is to maintain a very tough security response to terrorism. There is no doubt that the presence of al-Qaeda in both Afghanistan and Pakistan has been radically reduced in recent years and that that has made us safer here in the United Kingdom, but we must ensure that such reductions are accompanied by the proper combating of terrorism in all its forms, which means ensuring that we deal with the underlying narrative on which the terrorists depend. It is with that combined approach that we will succeed.
Mr William Cash (Stone) (Con)
On the proposed EU-US trade deal, will my right hon. Friend tell us what are the contents and the areas covered by the negotiating mandate which was agreed behind closed doors last weekend? It is governed by a qualified majority vote of which the UK has only 12%, and it is an exclusive competence controlled by the European Commission. Can my right hon. Friend explain why the European Scrutiny Committee, which is looking into these matters, has not been supplied with the mandate, and can he tell us when we will receive it?
The Prime Minister
I can tell my hon. Friend that the discussions are going ahead on the basis of the maximum level of inclusion of all topics. I think it has been announced in the House that there is a reserve on audio-visual matters, as there has been with all the EU mandates for trade talks, but in this case, uniquely, there is the opportunity to opt back in to discussing those matters as well.
As for my hon. Friend’s point about the European Scrutiny Committee, I shall have to look into that and see whether there is anything I can do to help.
Dr William McCrea (South Antrim) (DUP)
I welcomed the Prime Minister’s visit to Afghanistan, and I pay tribute to the bravery of our troops who are fighting terrorism there. While we must never forget the sacrifice made by those who have died in the field of conflict, can the Prime Minister assure us that the troops who return home—many of them wounded both in body and in mind—will receive all the attention they need?
The Prime Minister
I certainly want to give the hon. Gentleman that assurance. I think it is clear from the advances that have been made in recent years in the availability of defence medicine—in Afghanistan, in aircraft transporting troops back from Afghanistan, and here in the UK, at Queen Elizabeth hospital in Birmingham and then at Headley Court—that it is second to none, and that we can be proud of what we make available. However, we must think about what happens next as well, and that is what the centres of expertise around the country are all about. It is also important for us to proceed with the work on the military covenant that is being done by the Armed Forces Covenant Sub-Committee—chaired by the Minister for Government Policy—and to continue to channel resources into these vital areas.
Mr James Gray (North Wiltshire) (Con)
Most of the injured and the 444 British dead to whom the Prime Minister referred were brought home either through his constituency or through Royal Wootton Bassett in mine. The people of Britain are hungrily looking forward to the end of combat operations, and will welcome the withdrawal from a large number of forward-operating and patrol bases in Afghanistan that the Prime Minister has announced today. However, can he bring us up to date on what will happen to Camp Bastion once we have left Afghanistan? Will it remain as some kind of strategic base, or will we simply abandon it?
The Prime Minister
Let me first, through my hon. Friend, pay tribute to the people of Royal Wootton Bassett, and also to people in Carterton and Brize Norton in my own constituency, who I think have shown the best side of Britain in welcoming back, sombrely and properly, those who have fallen in combat operations in Afghanistan.
No final decision has been made about Camp Bastion, but it is likely that it could be used as one of the bases led by the Americans for the purpose of their continued presence in Afghanistan. That would obviously be quite helpful in terms of the timetable governing the return of our resources. However, as those who visit Camp Bastion will see, a great deal of work is being done to return kit to the UK now.
Kate Hoey (Vauxhall) (Lab)
Did the Prime Minister have any opportunity in the margins to discuss, even informally, the deteriorating situation in Zimbabwe, especially in the light of the EU’s removal of some of its restrictive sanctions? Will he continue to urge South Africa, and the Southern African Development Community generally, to send more international monitors to the country as soon as possible? If that is not done, we shall see another stolen election.
The Prime Minister
The hon. Lady speaks about this issue with great expertise. I did not discuss Zimbabwe at the European Council, but we did hold a National Security Council meeting relatively recently, at which our high commissioner in Zimbabwe was present. We have been working out how best to maximise the leverage and influence that we have in order to secure a proper election and a proper democratic transition, and that is why we have taken the steps in the European Union to which she referred. However, we keep all these matters under review to ensure that we do all that we can to assist the transition that Zimbabwe so badly needs.
Dr Julian Lewis (New Forest East) (Con)
If western work in Afghanistan is not to unravel after next year, one of two things must happen. Either the Taliban must be persuaded that they made a terrible mistake in giving house room to al-Qaeda, or the Americans must retain one or more strategic bases to dissuade them from offering it house room in the future. Does the Prime Minister know whether either of those things has happened or will happen?
The Prime Minister
I may be a little more optimistic than my hon. Friend, but I think the most likely outcome is that both those things will happen. One of the reasons why I think a peace process can get under way is the fact that, in recent statements, the Taliban have effectively said that they do not want Afghanistan to be used to harm other countries. I believe that the decoupling of the Taliban from al-Qaeda is well under way, and I think that that is positive.
I also do not believe that America, NATO, ISAF or any of us are walking away from Afghanistan, and I think that that is positive as well. As I have said, we will maintain the officer training academy and our funding of the Afghanistan national security forces, and I think it likely that the Americans will maintain a presence in the country—to be negotiated, of course, with the Afghan Government.
Obviously we want to see a peace process succeed, but, as we have always had to explain, our security response of training the Afghan national army and police force is the key part of making sure that the country will not fall back under Taliban or al-Qaeda control, and, having observed the effectiveness of those forces, I think we can be confident that they are capable of ensuring that that happens.
Mike Gapes (Ilford South) (Lab/Co-op)
Will the Prime Minister take this opportunity to praise the skill, persistence and dedication of the European Union’s High Representative, Cathy Ashton, and her staff in securing the welcome agreement between Serbia and Kosovo on normalisation on 19 April? Will he also take this opportunity, while he is supporting further enlargement of the EU, to explain why we are in favour of other countries joining the EU, but many members of his party want us to leave?
The Prime Minister
Let me first pay tribute to Cathy Ashton and the very good work that she does in the European Union, which I see at first hand. We work very closely together, and I know that she works very closely with my right hon. Friend the Foreign Secretary. While some of the dossiers for which she is responsible must be immensely frustrating—I am thinking particularly of the Iranian negotiations—there is no doubt that she can take a huge amount of credit for the opening of accession negotiations with Serbia and the completion of the process of accession for Croatia. I made that very clear at the European Council meeting.
As for the hon. Gentleman’s comments about my party, let me point out that the Conservative party has always been in favour of the widening of the European Union. We have been arguing for that for decades. Indeed, we were arguing for it, and delivering it, in the 1980s, when the hon. Gentleman’s party stood on rather a different ticket.
Mr John Baron (Basildon and Billericay) (Con)
For the many of us who supported the expulsion of al-Qaeda but opposed the morphing of the mission into one of nation building, this has indeed been a long and sad road, and that has been compounded by the fact that we should have been holding talks with the Taliban a long time ago. Will the Prime Minister therefore use his best offices to ensure that talks with the Taliban are truly unconditional? This has been a stumbling block in the past, particularly with the Americans.
The Prime Minister
Since the very first day on which I took office as Prime Minister in 2010, I have pursued the agenda of a peace process and a political process, and I have been discussing it with the Americans and others for all that time. Of course historians will argue about whether the Berlin peace conference of 2001 was established in the right way, but let us leave that to the historians; we should be dealing with the here and now.
I do not agree with my hon. Friend on one point. I think that a very important condition needs to be fulfilled. As my hon. Friend the Member for New Forest East (Dr Lewis) pointed out, there must be an understanding that the Taliban do not believe that Afghanistan should be used as a base for foreign attacks and that they will not allow it to be so used.
Angus Robertson (Moray) (SNP)
I am delighted that the Prime Minister finally acknowledges that the right place for a European nation with a population of 5 million is as an independent member state of the EU. However, on the issue of EU competitiveness, this week there was some good news about mobile phone roaming charges that I think Members on both sides of the House will welcome. That was a great success for the EU, although curiously the UK Government have published a report suggesting that somehow the old charges will remain in a sovereign Scotland. That has been reacted to by the Prime Minister’s deputy chairman in Scotland as “silly”, by Tory donor John McGlynn as “puerile”, and by his favourite Conservative commentator Alan Cochrane as “tripe”. Will the Prime Minister show some leadership and end these puerile, silly scare stories?
The Prime Minister
What the hon. Gentleman cannot hide from is the fact that the legal advice is absolutely clear—clear from the Government and clear from the European Commission. Of course, his party said it had legal advice, yet it had absolutely none, but the legal advice is clear. If Scotland votes to become independent it will have to queue up behind Serbia, behind Macedonia and behind Kosovo in order to get back into the European Union. That is the truth, inconvenient though it may be for the hon. Gentleman.
Sir Tony Baldry (Banbury) (Con)
Does my right hon. Friend agree that the country will not understand if Members of Parliament fail to engage in this Friday’s debate on the need for us to renegotiate our membership of the EU and to let the people decide in a referendum whether they want our membership of Europe on that renegotiated basis? This is not an issue that Parliament and Members of Parliament can run away from.
The Prime Minister
My hon. Friend, who has a long track record of support for the EU, makes a very sensible point, which is that when it comes to this Bill on Friday, and when it comes to the issue of a referendum, people can either be in favour of holding an in/out referendum or they can be against holding an in/out referendum, but surely they must have an opinion. My hon. Friends and I will be voting for that Bill; we will be voting in the Lobby on Friday. What is Labour going to do? Is it simply going to decide it does not want to talk about this issue? I think the whole country will find that completely feeble.
Mr David Winnick (Walsall North) (Lab)
Is it not surprising that, in view of the considerable concern that has been expressed abroad over US intelligence operations against friendly European countries, including EU offices in Washington and New York, there was apparently no discussion of that at the European Council? Surely it is an item that should have been considered, and perhaps the Prime Minister can give us his views about what the US has been doing.
The Prime Minister
I say the same thing publicly and privately, and in the European Council and this House, which is that I do not comment on national security and intelligence matters as I think that would be wrong, but I think it is important to remember that our security services operate under the law. We do not use co-operation with foreign intelligence services to get around our own procedures here in the UK, and it is worth remembering that the intelligence and security gathering we do is of huge benefit to those partners, including many in the EU, with whom we share it. It helps to keep us safe and it helps to keep them safe, and we should praise what our intelligence and security services do on our behalf.
Sir Malcolm Bruce (Gordon) (LD)
Will the Prime Minister say how the women of Afghanistan may be represented in any talks with the Taliban, and what assurances can he give to the women of Afghanistan that their hard-won advances in terms of the right to education for girls and the right to a livelihood for women will be sustained in the 2015 settlement and thereafter?
The Prime Minister
My right hon. Friend asks an important question, and the answer to it is that the Afghan President and Government are absolutely clear that any discussions need to proceed on the basis of the Afghan constitution, which has safeguards on those and other issues. It is important to note that whereas in 2001 there were almost no girls in school in Helmand, there are now over 30,000.
Keith Vaz (Leicester East) (Lab)
I was pleased to hear from the Prime Minister, in answer to my hon. Friend the Member for Ilford South (Mike Gapes), that he is still a passionate champion of enlargement, but does he agree that it is not sufficient just to welcome countries like Croatia into the EU, as we need to support them to ensure they are of benefit to the EU, rather than a burden?
The Prime Minister
I agree: we should support Croatia, and we have agreed to the use of the European budget to make sure Croatia gets its receipts from the EU as well as making its payments into the EU. The strength of widening the EU is not only that when those countries come in they become even greater trading partners and investment partners for Britain, but that as part of the process of preparing to join they have to put their own houses in order to tackle corruption, improve the rule of law and so forth. We have seen that in Croatia, we are seeing it in Serbia, and it is very welcome.
Mr Peter Bone (Wellingborough) (Con)
Last night I had a phone call from Afghanistan, from my son. He wanted to express to this House how much the serving members of our armed forces who are out there appreciate the efforts of the Prime Minister in coming out there and speaking to them personally. I hope the Prime Minister will accept those thanks.
The Prime Minister
May I, through my hon. Friend, thank his son for his service in Afghanistan? We have been there for many years now, and we come across people now who are on their second or third tour of Afghanistan—people who have spent many months of their lives working under very difficult conditions. We can be proud of the fact that when we sit in a room with our armed forces and ask them about the job they are doing, the morale is high; they are enthusiastic about the capabilities of the Afghan security forces, and they are also enthusiastic about the kit they receive. There are still issues we need to deal with—more access to wi-fi and one or two other things—but generally speaking I found people in high morale who are enthusiastic about the job they are doing.
Yasmin Qureshi (Bolton South East) (Lab)
The Prime Minister’s usual advisers are gentlemen in uniform, but may I ask him to reconsider the use of drones in Afghanistan and Pakistan, because a consistent body of evidence has shown that drones have killed far more civilians than al-Qaeda operatives, and with countries such as Pakistan openly objecting to the use of drones, that is also a violation of their sovereignty? Please will the Prime Minister therefore take a thorough relook at this whole issue of drone use?
The Prime Minister
As this issue relates to Pakistan, it is an issue for the United States and Pakistan, although what I have said about the huge damage that has been done to al-Qaeda is beyond debate; it is a fact. On Afghanistan, I think it is important that we give our armed forces every protection they can possibly have, and the use of ISTAR drones and other cameras and the like have done a huge amount to keep our armed forces safe and to make sure we defeat the Taliban insurgency.
Richard Drax (South Dorset) (Con)
What exactly does the Prime Minister mean by “fundamental renegotiation” of our relationship with the EU?
The Prime Minister
As I set out in the speech I made at the end of January this year, I believe we need to recognise that change is taking place in the EU. That means the single currency countries will have to integrate further, but it should be available to non-single currency countries to see powers flow back to them. I gave one example my hon. Friend might be interested in: I think the phrase “ever closer union” should be disapplied from the United Kingdom. I do not think it is ever something we in this country were comfortable with. It was something we never really wanted to sign up to in the 1970s. I think we do need that different sort of European Union, and then to give people the choice about whether they want to join or leave it.
Jeremy Corbyn (Islington North) (Lab)
Can the Prime Minister help me by telling us what he really thinks about Afghanistan? We have been there for 12 years, we have lost over 400 soldiers, thousands of others have died, £17 billion has been spent, an illegal drone war is going on in Pakistan and neighbouring countries, and now there are talks with the Taliban in Qatar. Does he not think it is time to reassess the whole question of intervention, what it does in terms of the hatred between this country and others around the world, and what it does to the peace of the world as a whole?
The Prime Minister
Where I take such a different view from the hon. Gentleman is that we know what non-engagement with Afghanistan leads to, because that is what happened after the end of the fall of the previous regime. There was a process when the world looked away from Afghanistan, and we paid the price in a civil war that went on for years, with plummeting living standards, rampant poverty, and a country that went backwards in every regard, and then became, under the Taliban, a haven for al-Qaeda extremists who carried out plots, killing people on our soil, in America, and in other parts of the world. That is what happens when we do not engage.
Of course, the state of Afghanistan is not perfect, but after all the investment and the sacrifice we can at least say, “Here is a country where there are not active plots against Britain being hatched. Here is a country that is making economic and social progress. Here is a country with an elected President that is looking forward to a democratic transition. And here is a country that has got security forces which have a good prospect of maintaining Afghanistan into the future.” That is the result of engagement. We know the results of disengagement, and I know which I think is better.
Jason McCartney (Colne Valley) (Con)
The Yorkshire Regiment will be marching through Huddersfield later this month on a freedom parade. Does the Prime Minister agree that freedom parades are a fitting way for our communities to pay tribute to our brave servicemen and women for their contribution in Afghanistan?
The Prime Minister
My hon. Friend makes a very good point, which is that there is a yearning in this country to find new ways to recognise what our armed forces do and all they represent. For some years in the past—this is not a political point; I think that the last Prime Minister recognised this—we did not really do enough and we were not quite sure how to show our appreciation. Armed Forces day was a good step forward and the military covenant is a good step forward—[Interruption.] The hon. Member for North Durham (Mr Jones) says it was a Labour achievement, but I think he will find that the military covenant was put into law by this Government. I was attempting not to make a political point, but he made me diverge. I also think these parades are a great way, on a cross-party basis—on a no-party basis—of everyone turning out on to our streets and saying thank you.
Paul Flynn (Newport West) (Lab)
Will the Prime Minister seek to change the rules of this House so that the names of the fallen can be honoured by being read out in this Chamber—the same Chamber that sent them to their deaths? What lasting achievements have there been in Afghanistan that justify £37 billion of taxpayers’ money and 444 deaths?
The Prime Minister
We do read out the names of those who have fallen, and we rightly pay tribute to them because they have made the ultimate sacrifice on behalf of our country and our security. The hon. Gentleman asked what this has achieved, and the point I make is that before 2001 Afghanistan was a haven for terrorists who were plotting actively to do harm to people in this country and elsewhere, but since 2001—he can ask the security services about this himself if he wants—there have not been major, serious plots hatched in Afghanistan and carried out against us. That is a big and important achievement, but we also have to look at the capacity Afghanistan has today to continue to deliver that. When I first visited Afghanistan in 2006, there were no Afghan security forces in Helmand province; they did not exist. They have been built from scratch. I do not think we honour those who have paid this price by talking down, in any way, the extraordinary achievements that we have seen there. That is not to say that things are perfect—of course they are not—and it is not to say that there is not more that needs to be done, but on the ledger of Britain’s engagement in Afghanistan, we should correctly identify the good points as well as the difficulties that still remain.
Jeremy Lefroy (Stafford) (Con)
I welcome the focus on tackling youth unemployment at the European Council. What confidence does my right hon. Friend have that that will not be just a one-off declaration, but a determined and long-term effort to defeat this scourge?
The Prime Minister
I am grateful for my hon. Friend’s question. Of course the €6 billion package is important, and €400 million of that is available for spending in the five regions of the UK with the highest rates of youth unemployment. But there is a growing recognition in the European Union that simply spending money on schemes is not going to be enough; it is the structural changes that we need, because the European Union contains countries, such as Germany or Holland, with youth unemployment rates of about 9%, and countries, such as Spain, where the rate is more than 50%. The structural reforms and the flexibility of the labour markets also need to be addressed.
Diana Johnson (Kingston upon Hull North) (Lab)
The Prime Minister said that £4.5 million was being made available to increase women’s participation in Afghanistan. Can he spell out how that will be used to ensure that women’s voices really are heard in the direct talks with the Taliban?
The Prime Minister
That specific piece of money, which is part of an overall large Department for International Development budget, is simply about getting women to register to vote. At the moment, the new electoral registration laws are being passed through the Afghan Parliament, and it is very important that women register to vote in the forthcoming presidential election in April next year.
Neil Carmichael (Stroud) (Con)
I certainly welcome the news that the European Investment Bank is going to increase its investment in small and medium-sized businesses by 40%. I would like to see the same in some other banks. Is there any genuine appetite to include energy in a more competitive framework, perhaps a single market?
The Prime Minister
First, Britain supports the EIB. Our policy has always been one of saying, “Look, on fiscal policy we do have to take tough and radical actions, but on monetary policy we should be looking at all the ways we can help to get money from banks and other institutions into businesses.” That is what the funding for lending scheme is all about and what this EIB expansion should be about. On energy, we continue to push for the completion of the energy single market, where progress has been made, but it is an ongoing battle.
Jonathan Ashworth (Leicester South) (Lab)
The Prime Minister is right to say that we need to expand trade and overseas investment, and I am pleased that he discussed trade with the Prime Minister of Pakistan. Does he think that his efforts on trade will be helped or hindered if the Home Secretary imposes a £3,000 visa bond on visitors from India and Pakistan?
The Prime Minister
What the Home Secretary is looking at is the idea of using bonds in some immigration circumstances to make sure we do what needs to be done and what the previous Government did not do, which is to differentiate between people who want to come here to contribute, for example, by studying at a British university and those who want to come here simply as economic migrants. We need an immigration policy that really does have an emphasis on quality and on control, and that is exactly what we have. One of the points I was able to make in Pakistan, as I made in Kazakhstan and as I have made before in India, is that under our rules there is no limit on the number of overseas students who can come to study at a British university. There is no limit at all; they just have to have an English language qualification and a place at a British university. That is what is required. But, at the same time, we have shut down about 180 bogus colleges that were operating while the hon. Gentleman was assisting his Government.
Simon Hughes (Bermondsey and Old Southwark) (LD)
I join the Prime Minister in again paying tribute to our armed services. Many of us, including me, did that at the armed services events in our communities at the weekend. Against the welcome background of the knowledge that our troops are going to come home and that there will be a conflict resolution process involving the Taliban, will the Prime Minister say what role he envisages for UK troops or civilians, and people from neighbouring states to make sure that the elections in Afghanistan in 2014 are peaceful, democratic and respected?
The Prime Minister
My right hon. Friend makes a good point about these important elections. Obviously, security in Afghanistan is now provided predominantly by Afghan national security forces, as are patrols, so they should predominantly provide security during the elections, in comparison with the last set of elections in 2009 in which we were more engaged. As for how we make sure they are as good a set of elections as they can be, obviously all sorts of international bodies will want to engage and we need to make sure that the elections are properly monitored.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
Khalsa Diwan Afghanistan, based in my constituency, has raised with me and with representatives of the Foreign Secretary its concerns for the welfare of minority Sikhs and Hindus in Afghanistan, and for the rights and representation of women. What commitment has President Karzai given in discussions with the Prime Minister to maintain women’s political representation and minority rights?
The Prime Minister
The commitment President Karzai has given me on this issue is that he remains committed to the Afghan constitution and he believes that any discussions with the Taliban should take place on the basis of a commitment to that constitution.
Henry Smith (Crawley) (Con)
At last week’s EU Council meeting, the greater mobility of young people was discussed as a way of tackling youth unemployment across the EU. Can I have assurances from my right hon. Friend that that will not lead to greater benefit tourism in this country?
The Prime Minister
I can give my hon. Friend that assurance. This Government are engaging with others in Europe to try to cut down on benefit tourism and to look at what we can do to make changes to the habitual residence test so that people can come to work but cannot come to claim benefits. It is also worth making the point that as new members join the EU, such as Croatia, this Government will put in place the transitional controls that should have been put in place when members joined under the previous Government.
Hugh Bayley (York Central) (Lab)
When we, on both sides of the Atlantic, bring our troops home from Afghanistan, one of the knots that ties the transatlantic relationship together will inevitably loosen. So may I ask the Prime Minister to comment not on the security matters, but on the political implications of the allegations in the newspapers about electronic eavesdropping by the United States on the EU? Will he say specifically what Britain can do to help to heal that rift between the US and other countries in the EU?
The Prime Minister
On the hon. Gentleman’s first point, I do not believe that the ending of combat operations in Afghanistan will in any way loosen the bonds between Britain and America. I think the Americans are deeply appreciative of the fact that we have been the second largest troop-contributing nation, understand the very high casualties that we have taken and also welcome the role that we play at the heart of the command structure. The commander of ISAF is an American general and the deputy commander is a British general, Nick Carter, with whom I spent some of the weekend. On the second issue, I have said all that I want to say. I do not comment on intelligence and security matters, but in this country we operate very clearly under a legal process.
Rehman Chishti (Gillingham and Rainham) (Con)
I congratulate the Prime Minister on being the first international world leader to visit Pakistan and meet Prime Minister Sharif, which clearly shows our two countries’ close collaboration and links. Will the Prime Minister clarify one point? Were discussions had with Prime Minister Sharif about reforming the madrassahs, the religious schools, in Pakistan, which have often been seeing as a recruiting ground for extremist and radicalised organisations? Does the Prime Minister agree that we need to ensure there is a wide spectrum of education in Pakistan, so that students can move away from ethnic and radicalised violence in the country?
The Prime Minister
In my discussions with Prime Minister Sharif, he made it very clear that his three priorities were the economy, energy and extremism. On combating extremism, I think that we agree not only that there is a need for a tough security response, but that we need to drain the swamp of extremism, including by reforming education. He particularly praised the work that British aid has delivered in the Punjab, where his brother is the Chief Minister. Sir Michael Barber—a well-known British civil servant—has worked his socks off making more than 30 visits to the Punjab and delivering a programme that has meant that millions of Pakistani children have had schooling that they otherwise would not have had. That is all down to his hard work and to British aid.
Jim Shannon (Strangford) (DUP)
I thank the Prime Minister for his statement. I had the opportunity two years ago to visit Afghanistan and, in particular, to visit Lashkar Gah, where the police recruits were being trained. The US Government have invested $6 million in their training college. The policing training might be rudimentary, but it is very important. Will the Prime Minister update the House on how many police officers are trained each quarter and whether they are on target to deliver sufficient police officers for all of Afghanistan?
The Prime Minister
I do not have the specific figures for police officer training, but in our monthly update to Parliament, which I instituted, Members can see the police training numbers, the army training numbers, the overall national security force training numbers and the retention numbers. This is a good moment to pay tribute to all those from Britain, including those from Northern Ireland, for the role that they have played in helping to train the trainers in those important programmes.
Mr David Nuttall (Bury North) (Con)
Does the Prime Minister agree that the accession of Croatia yesterday will increase the burden on the EU budget, as it will be another net recipient of EU funds?
The Prime Minister
That obviously puts a little extra pressure on the budget, which has been reflected, but it is a pretty modest additional amount. It is in Britain’s interests that the EU continues to enlarge and expand. Croatia has been added to what is already the world’s largest single market, and Britain as a trading nation will have all sorts of opportunities to increase our trade with and investment in Croatia. We will put in place the transitional controls available for new nations—the Government have already made that decision.
Julian Smith (Skipton and Ripon) (Con)
I welcome the Prime Minister’s leadership on deregulation in Europe. The Commission has been worse than useless at understanding the burdens that it places on our smallest businesses. How do Britain’s 5 million small and medium-sized enterprises input into the new taskforce that he set up last week?
The Prime Minister
I thank my hon. Friend for his question. We must recognise that the Commission has made some progress and we will probably get further if we credit it with that but push it harder for more, which is my tactic. It has consulted business on the top 10 most burdensome regulations. For the first time, it has committed to exempt micro-businesses with fewer than 10 employees from new EU proposals and has also looked through the forthcoming regulation and removed 17 new regulatory proposals. Overall, the burden on business is down by some 25% in recent years. There is some progress, but it is not going fast enough, which is why I am setting up a regulation review panel comprising Marc Bolland from M&S, Ian Cheshire from Kingfisher, Glenn Cooper from ATG Access, Louise Makin from BTG, Dale Murray, who is an angel investor, and Paul Walsh, the former CEO of Diageo. That is a list of very senior businessmen and women, and small businesses can write to them and send in their ideas for what they want changed.
Iain Stewart (Milton Keynes South) (Con)
I, too, am pleased that my right hon. Friend has been able to establish an early and productive relationship with the new Prime Minister in Pakistan. May I urge him to keep high on his agenda the treatment of the Hazara community, which continues to face severe persecution?
The Prime Minister
I am grateful to my hon. Friend for his comments. One of the advantages of getting in there early as the first Prime Minister to go and meet Prime Minister Sharif is that we can have that sort of dialogue. We have a full strategic partnership with Pakistan and a national security dialogue, so all these issues can be raised.
Andrew Stephenson (Pendle) (Con)
I congratulate the Prime Minister on being the first western leader to visit Nawaz Sharif following his election and the first peaceful and democratic transition of power in Pakistan since its independence in 1947. A lasting stable peace in Afghanistan cannot be achieved without the involvement of Pakistan, but trade, energy, relations with India and a whole range of other issues will be higher up Prime Minister Sharif’s agenda. What can our Prime Minister do to ensure that momentum on Afghanistan-Pakistan relations is not lost?
The Prime Minister
My hon. Friend makes a good point. This democratic transition is an incredible moment for Pakistan, and I believe that it should use it as a moment to get the world to look afresh at this remarkable country, which has an enormous population and great economic prospects for the future if it makes the tough and necessary decisions. We must accept that Prime Minister Sharif has many priorities. He needs to deal with energy shortages, to get his economy on track and to deal with extremism. It is in dealing with that last element where we need to work together to demonstrate that the extremism suffered in Pakistan cannot be addressed without addressing the extremism from which Afghans are suffering, too. If we can try to achieve joint working between the President and the Prime Minister and the two Governments, that is the key.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
Does my right hon. Friend agree that the best way to tackle the scourge of youth unemployment across the EU is through the creation of jobs and growth and that the best way to do that is to raise our vision above the horizon of the EU and look to countries such as India and China, where two fifths of the world’s population live, to rid ourselves of burdensome regulation and to make Europe a more competitive environment?
The Prime Minister
I agree that the creation of private sector jobs is absolutely key, particularly for those countries that have large budget deficits. We have seen the decline of public sector jobs, but perhaps three times as many private sector jobs have been created. To achieve that, we need to rebalance our economy and to trade more, so, particularly as the European Union is a low-growth area—or a no-growth area in terms of the eurozone—we must look for new trading partners. That is why we should be look at countries such as Kazakhstan, where we are the second largest investor but where trade volumes are quite low. That is why we need, as I have put it, to compete in the global race and forge partnerships with all of the fastest growing countries of the world.
Gavin Barwell (Croydon Central) (Con)
The Leader of the Opposition rightly mentioned youth unemployment, which has fallen by 15% in my constituency since Labour left office. One way to drive it down further is to expand the single market, so I welcome what the Prime Minister said about accession negotiations with Serbia. Does he agree that the long-term aim should be an EU from the Atlantic to the Urals, but that if the EU is to include more diverse countries, it needs to change fundamentally?
The Prime Minister
I absolutely agree with what my hon. Friend says. Britain has always believed in a wider, looser Europe and it is that that we should be fighting for. As he says, if we want it to be that sort of Europe, it must make changes and must be more flexible. The countries in the eurozone will need greater integration, but if we are to be attractive to other countries as a European Union, we must be more flexible and competitive.
Mr Speaker
I have been saving up the hon. Member for Kettering (Mr Hollobone) so that the House can savour him.
Mr Hollobone
My right hon. Friend will know that there are almost 11,000 foreign national offenders in our prisons, many from EU countries. There is an EU-wide compulsory prisoner transfer agreement, but only the United Kingdom and 12 other member states have ratified it. If it was not discussed at this EU Council, will the Prime Minister use his best endeavours to ensue that it is on the agenda for the next EU Council, ahead of the removal of transitional immigration controls from new entrant countries?
The Prime Minister
My hon. Friend makes a very good point. This prisoner transfer agreement is absolutely in Britain’s interests. We have held specific National Security Council discussions about prisoner transfers and about foreign national offenders, because I think that we need to do much better in getting people out of our jails and back to the countries where they belong. We are making some progress, but it is hard work. This European Union agreement is a potential benefit for us and we have to do everything we can, both at the European Council and bilaterally with other countries, to get them to sign and implement. That is a programme that the Government are very much working on.
Stop and Search
(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
With permission, I would like to make a statement on the powers of the police to stop and search members of the public.
Police officers have been given the right to stop and search people by several Acts of Parliament, although most searches are conducted through the Police and Criminal Evidence Act 1984 and the Misuse of Drugs Act 1971. These Acts say that officers must have “reasonable grounds to suspect” that the subject is guilty of some form of criminal behaviour before they are allowed to conduct a search. Owing to the sensitivity of stop and search, officers are required by law to record various pieces of information about each search they undertake.
I would like to start by making it clear that the Government support the ability of police officers to stop and search suspects. It is an important power in their daily fight against crime, and it is especially important in relation to combating gangs, knife crime and drug offences. For example, in the last 12 months, stop and search in London has resulted in 45,000 criminals being arrested, including 3,212 criminals carrying weapons and guns, 7,287 criminals in possession of suspected stolen goods and 1,484 criminals in possession of tools used to steal or cause damage.
As long as I am Home Secretary, the police will maintain their right to stop and search. But as important as stop and search undoubtedly is, we have to be frank about widespread public concern regarding its use. Official statistics show that more than 1 million stop-and-search incidents are recorded every year. But on average only about 9% of those incidents result in an arrest, and that figure prompts me to question whether stop and search is always used appropriately. In fact, the search-to-arrest ratio varies considerably across forces: in Cumbria, the figure is 3%; in Kent, it is 19%. In London, where most stop-and-search incidents take place, it is 8%; in Greater Manchester, it is 8%; and in the West Midlands, it is 7%. Now, of course, we should not expect all stop-and-search incidents to lead to arrest, but those percentages are far too low for comfort.
The Government are concerned about the use of stop and search for two reasons. First, it must be applied fairly and in a way that builds community confidence in the police rather than undermining it. Secondly, given the scale of recording requirements placed on the police, when stop and search is misapplied, it is a waste of police time.
I want to deal first with fairness and community confidence. The official statistics show that, if someone is from a black or minority ethnic background, they are up to seven times more likely to be stopped and searched by the police than if they are white. Now we should not rush to conclusions about those statistics, but everybody involved in policing has a duty to make sure that nobody is ever stopped just on the basis of their skin colour or ethnicity. The law is clear that in normal circumstances, stop and search should only ever be used where there is a reasonable suspicion of criminality—and that is how it should be. I am sure we have all been told stories by constituents and members of the public about what it is like to be a young, law-abiding black man who has been stopped and searched by the police on more than one occasion. If anybody thinks it is sustainable to allow that to continue, with all its consequences for public confidence in the police, they need to think again.
The second reason that I am concerned about stop and search is that if it is being used too much or with the wrong people, that is a dreadful waste of police time. It is estimated that a police officer spends 16 minutes conducting a stop and search and then completing details of the incident in compliance with the law. Given that there are just under 1.2 million stop-and-search incidents every year, we are talking about a total of 312,000 hours per year—the equivalent of 145 full-time police officers.
Since the election, I have made it a priority to cut red tape and free up police time, and the changes that we have made, including changes to stop-and-search recording, should save up to 4.5 million police hours a year—the equivalent of an extra 2,100 officers on the streets. There is no point in making all those changes if police officers then spend their time conducting pointless stops and searches, with all the bureaucracy that goes with them.
In London, the Metropolitan Police Commissioner, Sir Bernard Hogan-Howe, has changed the Met’s guidance, improved training and set a target that at least 20% of stop and searches in London should result in an arrest or drugs warning; and since then, they have made good progress. The latest figures suggest that in the last year 18.3% of stop-and-search incidents in London led to an arrest or drugs warning. In Hackney, it was as high as 26.3%, and the overall use of stop and search in London has fallen, too, from 500,000 to 350,000 in the past year.
That shows that it is possible to make changes to stop and search without jeopardising public safety. So, too, do the changes I made in March 2011 to the operation of stop-and-search powers under the Terrorism Act 2000. Then, I introduced a much more limited power that enables the police to stop and search people and vehicles without reasonable suspicion, but only in exceptional circumstances where there is a real threat of terrorist attack. This power has not been used outside Northern Ireland since it was introduced in March 2011, and there has been no effect on public safety.
Last year, I commissioned Her Majesty’s inspectorate of constabulary to conduct a comprehensive inspection into the use of stop-and-search powers. Its report is due to be published next Tuesday. I have not seen it yet, but the report should provide us for the first time with a comprehensive evidence base of how stop and search is used and recorded across the country.
However, on an issue as important as stop and search, it would be wrong to consult HMIC and work with the police without also consulting the public. So I can tell the House that today I am launching a consultation, lasting six weeks, that will give members of the public the chance to have their say about the future use of stop and search. Copies of the consultation document will be made available in the Library.
By the end of the year, the Government will respond formally to both the HMIC report and the public consultation. That response will then inform our work with HMIC, the College of Policing and police forces up and down the country to make sure that stop and search works fairly and in everybody’s interests. I want to see stop and search used only when it is needed; I want to see higher search-to-arrest ratios; I want to see better community engagement; and I want to see more efficient recording practices across the country.
At its best, stop and search is a vital power in the fight against crime; at its worst, it is a waste of police time and serves to undermine public confidence in the police. It is time to get stop and search right, so I commend this statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for her statement. She has not given me a copy of the consultation, so I have not seen its proposals, but I do welcome the principles behind it. I agree with the Home Secretary that the stop-and-search powers are important and can help the police tackle serious problems. However, the way in which they have been used has raised serious concerns about, for example, the scale of use, the lack of intelligence-led approaches and the disproportionate use against ethnic minorities and the potential waste of money.
Stop-and-search powers are useful for the police—for example, enabling them to search for weapons or stolen goods without needing to arrest someone. The Home Secretary knows about Operation Blunt, run by the Met in 2009, which delivered a 13% reduction in knife crime and a 23% reduction in youth killings and seized over 1,000 knives and which did use intelligence-led stop and search as part of that strategy. People have been arrested for possession of guns, knives and other offensive weapons as a result of stop and search, too. But where stop and search is used inappropriately or too widely, it can cause a very wide range of serious problems.
Given the relatively low proportion of searches that lead to arrest, I welcome the work that has been done to reduce the number of stop and searches, which has fallen since 2008. I welcome the work by my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), the former Home Secretary, to restrict inappropriate use, which helped deliver an initial 10% reduction in stop and searches. I also welcome the decision by the Home Secretary to restrict and change section 44 stops and searches. I welcome the decision of the Met commissioner, Bernard Hogan-Howe, to restrict section 60 stops and searches and some of the work that he has done since then.
However, I think that it is right to go further, especially in the light of the Equality and Human Rights Commission report on stop and search three years ago. The Home Secretary knows that that report found that
“some forces are using their powers disproportionately suggesting they are stopping and searching individuals in a way that is discriminatory, inefficient, and a waste of public money.”
It also found:
“The evidence points to racial discrimination being a significant reason why black and Asian people are more likely to be stopped and searched”.
It concluded:
“A reduction in disproportionality does not have to result in a rise in crime—on the contrary in the case of both Staffordshire and Cleveland”
where the EHRC worked with those forces,
“it has gone hand in hand with reduced crime rates and increased levels of public confidence in the police.”
Will the Home Secretary set out what has been done since the EHRC reported in 2010 to address the concerns that it raised?
The Home Secretary announced after the 2011 riots that she had asked the Association of Chief Police Officers to review stop and search. Has that review happened and will she publish the results?
Does the Home Secretary share my concern that that proportion of stops and searches that lead to an arrest has fallen, not risen, in the past five years? Previously, 12% of searches led to an arrest; now, a proportion of 9% is more likely. The right hon. Lady did not set out any specific proposals in her statement. What proposals in her consultation might make a difference to those figures and tackle the problem of searches being disproportionately targeted at ethnic minorities? Some of the figures that she quoted are seriously worrying. She will know that the EHRC examined evidence to see whether there are any explanations for those figures and found none sufficient to justify the disproportionate number of searches. The EHRC made specific recommendations for individual forces and for policing as a whole. Three years on, have those recommendations been implemented and what results have been delivered? Can she assure the House that her proposals will not jeopardise the recording of whether ethnic minorities are being targeted disproportionately? Clearly, we need to have that information.
I welcome the intention behind today’s statement and the consultation. The Home Secretary is right to support the principle of stop and search and right also to say that practice needs to be reformed to make sure that there is no discrimination and that it does not waste money or cause more problems in communities. However, it would help if she were more specific about her consultation proposals and how she plans to address the concerns.
Mrs May
I welcome the shadow Home Secretary’s support for the consultation on stop and search going ahead. As she says, there has been a number of reports on the operation of stop and search. The EHRC, whose report was published a matter of weeks ago, looked again at the issue in five forces, including the Met and Thames Valley police. It identified that it had been possible for those forces to reduce the number of stop and searches, perhaps by targeting them better on an intelligence-led basis, and that doing so had also had an impact on the search-to-arrest ratio, but no discernible effect on public safety. The EHRC reinforced the view that we can get stop and search right; that if we get it right, it can be the valuable tool we want it to be; but that we can reduce the number of stops and searches without having an impact on public safety.
I did indeed ask ACPO to look at stop and search and best practice across the country, and it has done so. I also asked HMIC to do a piece of work across forces on how stop and search is used and recorded. I think that that report, which comes out next week, will, by providing information on the practices used on the ground, give the best evidence base on which to look ahead.
The right hon. Lady asked about recording. At a very early stage, we made changes to the amount of information that needs to be recorded on stop-and-search forms, but we retained, for example, ethnicity as one of the matters that should be recorded. We were able to reduce bureaucracy somewhat, but it remains the case that if a stop and search is undertaken when it is not necessary—when there is not reasonable suspicion—it can be a waste of police time.
The right hon. Lady’s main accusation seemed to be that, in my statement, I had not set out any firm proposals on stop and search, but the whole point of the public consultation is to go out and ask members of the public what has been their experience of stop and search, how they feel it should be used and what changes, if any, they think should be made. The consultation will include questions such as whether local communities should be more involved in working out how stop and search should be used in their area. There are some good examples, including in the London borough of Brent, of work being done with the local community. The point of the consultation is to ask people what they think; then, we will look the results alongside the evidence base in the HMIC report and come to the House in due course with firm proposals that I believe will enable us to get stop and search right.
Sir Edward Garnier (Harborough) (Con)
My right hon. Friend said that the percentage of stops and searches that led to arrest were far too low for comfort. What figure would make her comfortable?
Mrs May
My hon. and learned Friend will know that I am not naturally inclined to set targets in these matters, and I do not think it would be appropriate at this stage if I were to state a figure. The Met Commissioner has done so, having set a 20% target, and, as I said, recent figures have been far closer to that 20%. But let us look at the evidence base and hear what the public have to say about how stop and search should operate.
Keith Vaz (Leicester East) (Lab)
This is an excellent statement, which I warmly welcome. The Home Secretary gave us a figure of 7%; in fact, under section 60, a black or Asian person is 25 times more likely to be stopped and searched than a white person. It cannot be right that, in Britain, anyone should be targeted because of the colour of their skin.
It is also important to look at the diversity of the police force, and I urge the right hon. Lady to read the report of the Select Committee on Home Affairs, to be published on Monday. If the public are to have confidence in the police, the police need to reflect the public as a whole.
Finally, I hope that the consultation will not be merely a paper exercise, but that the Home Secretary and Ministers will go our major cities themselves. I am happy to invite her to Leicester, where we could sit on the same side of the table, rather than on opposite sides, as we do during Select Committee meetings. Rather than have just an online consultation, it is important that Ministers hear what communities have to say about this practice.
Mrs May
The right hon. Gentleman is right about the number of times members of black or minority ethnic communities are stopped and searched under section 60; the number is significantly higher than for white people. The Met police have already looked at their planned section 60 authorisations and significantly reduced the number—from 103 in June 2011, to just six in June last year, for example.
The right hon. Gentleman tempts me with an invitation to come to Leicester and to stand on the same side as him and listen to the community. Nearly two years ago, I visited a charity involved with the Met that works on getting young people more involved with the police and improving their interaction. I remember that stop and search was raised by two members of the group of young people I met on that occasion. As the right hon. Gentleman says, it makes an impact when one hears people who have been subject to stop and search talk about their concerns and their feelings about the police as a result of how it was conducted.
Richard Fuller (Bedford) (Con)
I welcome my right hon. Friend’s statement and her recognition of how corrosive it can be to the spirit of young people when they are stopped and searched for no better reason than the colour of their skin. I echo the Chair of the Home Affairs Committee in encouraging my right hon. Friend to have an extensive consultation. Can she provide some examples of how she will engage communities in the consultation? It is a fantastic initiative, but it must have teeth if it is to bring real hope to people who have suffered from prejudice for far too long.
Mrs May
There will be a place for responses to the consultation on the gov.uk website, but we intend also to hold a number of consultation meetings with people who are involved in the issue. Obviously, we want to speak with those who administer stop and search, as well as groups who have commented on it in the past, but I am sure that there will be opportunities to hear directly from people who have been subject to stop and search, as well as from communities about how they feel stop and search should be used in their community.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
The Home Secretary will be aware that no single police activity causes more unhappiness and antagonism between the police and young black people than stop and search. That goes all the way back to the 1980s and the Brixton riots. Even after the 2011 riots, when I spoke to young people in Hackney about what triggered the riots, they said, “Stop and search.”
Will the Home Secretary join me in welcoming the work of Chief Superintendent Matthew Horne at Stoke Newington police station, who is responsible for the improved figures on the efficacy of stop and search in Hackney? Does she appreciate that it is not just that respectable young black men who get stopped on a weekly basis do not like it? What they object to is not the simple fact of being stopped and searched, but the way the police talk to them. There is a lot to be done in training. Stop and search is an important weapon for the police, but proper training should stop its being used in a way that is detrimental to community relations.
Mrs May
The hon. Lady rightly speaks from experience of an issue that I know she has spoken about on a number of occasions in the House, and I am happy to commend the work of the chief superintendent at Stoke Newington who has been working to ensure a different approach and those different figures in Hackney. She is also right—when I talk to police officers, they will often say it is how they do it as much as what they are doing that can be the issue for those who are being stopped and searched. That is why there is some very good practice across the country, and also good practice with communities, explaining why stop and search is being undertaken in a particular community at a particular time so that people understand it, rather than feeling that it is something that is just being done to them within the community.
Jessica Lee (Erewash) (Con)
I welcome my right hon. Friend’s statement. Does she agree that what the public are seeking is consistency in the conduct of the police across the country? In my constituency, Erewash, the police work hard to get the right balance between keeping residents safe and respecting citizens going about their business. A review of the guidelines can only help to achieve that consistent practice that the public expect.
Mrs May
I thank my hon. Friend for her comments. She is right. People expect such powers to be used fairly and consistently. There are many good examples where the police are working hard in the application of the powers but, sadly, the figures show us that we need to look at the guidance that is being offered and at the training of police officers—I did not respond on training to the hon. Member for Hackney North and Stoke Newington (Ms Abbott)—to ensure that stop and search is always used fairly and properly.
David Simpson (Upper Bann) (DUP)
I thank the Home Secretary for her statement. I am glad to see that the police will retain the power of stop and search. Of course there needs to be fairness. It should not be the case that someone is stopped because of the colour of their skin. But does the right hon. Lady agree that at the height of the troubles in Northern Ireland stop-and-search powers saved many lives from terrorists?
Dr Julian Huppert (Cambridge) (LD)
Stop and search has far too often been misused, weakening trust in the police, particularly among those from black and ethnic minority backgrounds, so I welcome the Home Secretary’s statement, although it is a slightly novel approach to launch a consultation the week before the evidence base comes out. I assume that there are reasons for that. Does she agree that when the police do ask people for information, such as name and address, they should make it clear whether compliance with the request is a requirement or purely voluntary?
Mrs May
My hon. Friend talked about the launch of the public consultation this week. This is a different thing from the report that Her Majesty’s inspectorate of constabulary will be producing, which will provide an evidence base. We have figures already that I think make it right for us to question whether stop and search is always used appropriately. It is therefore right to say to the public, “We think this is a matter on which we want to hear the public’s views.” On the matter of what information needs to be recorded and what information will need to available under any changes that are made to the guidance and so forth, I can assure my hon. Friend that we will, of course, make it clear where information is required and where it is voluntary.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
I thank the Home Secretary for her statement. I think all Members of the House will welcome the consultation, which I hope will put an end to the experience of many young people of repeated stop and search. But as we are approaching the summer break, can she explain the timing of the consultation and why she thinks six weeks might be long enough, bearing in mind that people may be going on leave? It gives very little time for extending the consultation out into our communities.
Mrs May
I encourage the hon. Lady to do just that, and I hope she will be able to ensure that in her constituency people are aware of the consultation and are able to respond. I think six weeks is an appropriate length of time for us to be able to undertake the consultation. We will then be able to come back to the House in the autumn on the basis of both the consultation and the HMIC report, and make firmer proposals to the House on stop and search going forward.
Mr Philip Hollobone (Kettering) (Con)
I am obliged to declare my interest as a special constable of the British Transport police and, in that role, as someone who has conducted stops and searches. May I urge the Home Secretary to use this opportunity to clear up the law with regard to face coverings? If there were a riot in Parliament square and, under section 60AA of the Criminal Justice and Public Order Act 1994, an inspector or above banned the covering of people’s faces with a balaclava, the British Transport police in Westminster tube station would not, as I understand it, be able to stop and search people for having a balaclava on their person, and if they did discover such balaclavas, they would not be able to remove them. That is an anomaly which could be addressed by the consultation.
Mrs May
I commend my hon. Friend for the work that he does as a special constable, and the limited number of Members of this House who are special constables both with the Met and other police forces and with the BTP. I am happy to look at the issue that he raised. We are looking at a number of matters in relation to the various powers of the police more generally and of the British Transport police, looking to iron out any anomalies, so I will certainly take that on board and have a look at it.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Does the Secretary of State have figures for the search-to-arrest ratios for the Welsh police forces?
Andrew Stephenson (Pendle) (Con)
I welcome today’s statement and the public consultation. Owing to the sensitivity of stop and search, it is important that we balance genuine public concerns about the effect that that has on public confidence in the police’s legitimate need for stop-and-search powers. In my area, Lancashire police formed a group within the community to act as an advisory group to help monitor police actions and provide them with community feedback, which I warmly welcome. May I urge my right hon. Friend to ensure that, in addition to community meetings, details of the consultation are sent to all mosques and faith-based groups across the country so that we can ensure that all parts of the community are able to respond in good time?
Mrs May
My hon. Friend raises an interesting point. We will make sure that knowledge of the consultation is as widespread as possible to enable all those who may have a great interest in responding to do so. The example that he referred to in Lancashire, of the work being done with the local community, is a good example—and there are others across the country—where police have actively tried to work with the community to explain the purpose of stop and search so that communities become more responsive to it and more willing to accept it when it takes place.
Jim Shannon (Strangford) (DUP)
I, too, thank the Secretary of State for her statement. Every time I come to Westminster the news records yet another vicious knife attack, and often a fatal attack. Many people feel that stop and search is a necessity and must continue. The Secretary of State mentioned that 3,212 criminals were stopped and found with weapons, and many people in the community feel that that should continue. Will she give an assurance to those who wish to see stop and search continue that that will happen?
Mrs May
Yes, I am absolutely clear that stop and search, when used properly, is a vital tool for the police and it is right that it should continue. As I said in my statement, as long as I am Home Secretary it will continue. But when we see half a million stops and searches in the Metropolitan police area and an arrest-to-search ratio of 9%, with 45,000 criminals being arrested as a result—the numbers for the Metropolitan police in terms of arrests have been increasing and the number of stops and searches reducing—it is right that we ask whether it is always used as appropriately as it should be. However, it should stay as a tool.
Gavin Barwell (Croydon Central) (Con)
In the past my party has not taken seriously enough the concerns of London’s black and minority ethnic communities about the way in which they are policed. It reflects huge credit on the Home Secretary that she is addressing this ongoing concern. Given that policing in this country is based on the principle of consent, does she agree that stop and search is a technique that can protect young people, but that it must be done with respect, it has to be based on intelligence and it has to enjoy the support of those who are being policed?
Mrs May
My hon. Friend has neatly put his finger on the issue. Stop and search is a valuable tool, but it must have the confidence and support of the community. It can be a vital tool in the protection of young people, as he says, but it has to be dealt with on a basis of respect and intelligence, and with the support of the community.
Letting Agents (Competition, Choice and Standards)
John Healey (Wentworth and Dearne) (Lab)
I beg to move,
That leave be given to bring in a Bill to establish a national mandatory licensing scheme for letting and managing agents, with established standards and redress for landlords, tenants and leaseholders, and prohibition of letting and management agent fees; to enable local authorities to administer and enforce the scheme; to require that tenants, landlords and leaseholders have written agreements; and to empower local authorities, either alone or in partnership, to trade as letting and managing agents.
The Bill is unfinished business for me. As Housing Minister in the last year of the Labour Government, my priorities were driven largely by the extraordinary economic circumstances we faced: helping people keep their homes, preventing the collapse of private house building and launching a new wave of social house building, especially council housing, to kick-start the economy in the wake of the global financial crisis. All of that we did successfully.
However, I ran out of time to reform the private rented sector and, in particular, deal with the growing problem of the housing market middle men who answer to no one—letting and managing agents. The detailed plans for reform that I set out in 2010, following the Rugg review, did not make it into legislation and were all dropped by coalition Ministers. I am now making the case for change anew, with cross-party support and backing from housing charities and industry bodies.
There is a silent crisis in the private rented sector. More than 9 million people now rent their home from a private landlord, a higher proportion than at any time for almost half a century. It is no longer just the young and mobile biding their time until they can buy their own home; half of those in private rented homes are over 35 and more than 1 million families with children are basing their lives on landlords who can evict them at a month or two’s notice.
“Generation rent” has no organised voice and little market muscle. We have better consumer rights when buying a fridge or hiring a car than we do when renting a home. Now that the majority of private tenancies are let through agencies, anyone can set up as a letting or managing agent, even if they have a bad track record or a criminal record. There is no system of licensing or standards, no requirement for a money protection scheme or a system of redress, and no legal right to a written tenancy contract.
In addition, tenants are often hit by huge and hidden up-front fees. Multiple charges for administration, inventories, references, credit checks, deposit handling, contract preparation and tenancy renewal are common. In our local area in Rotherham, the council reckons that tenants are being asked to pay hundreds of pounds for such fees. Research recently released by Shelter reveals that the average cost of up-front fees charged by letting agents is almost £350, and Which? reported last year that none of the 32 letting agents it surveyed had information about their fees on their website. One lady in Shelter’s report speaks for all private renters. She was charged £540 in administration fees alone. She said:
“The rental market is a horrible place right now… While I’m not on the cusp of poverty, this sort of thing could easily spiral. Frankly it is terrible that the government does not see this sort of thing as a priority matter.”
She is right. This affects not only people on low incomes, but people like her on middle incomes.
However, it would be a mistake to think that only tenants suffer from sharp practice. Landlords often report letting or managing agents failing to provide the services expected or hitting them with hidden and excessive charges. Even people who own their own home as leaseholders can suffer when managing agents acting for the freeholder adopt the same high-cost, low-standards business model that plagues so many other parts of the sector.
The worst drag down the reputation of the rest, which is why many of the legal changes I propose are backed by the associations representing letting agents, managing agents and landlords. The Association of Residential Letting Agents, the Association of Residential Managing Agents, the Southern Landlords Association and the British Property Federation have all joined Shelter, Crisis, Which? and the National Union of Students to support my call for regulation to raise standards in the sector. Self-regulation has failed. Legal regulation is required to improve choice, competition and standards in the market. That is exactly what my Bill would do.
The Government were recently forced by Labour in the Lords, led by Baroness Hayter, to agree to introduce a redress scheme. That is widely seen as necessary but nowhere near sufficient. It will only offer help after the damage has been done. Therefore, the legal changes in my Bill would include a legal right to a written tenancy agreement, a ban on agency charges beyond a deposit and rent in advance, a comprehensive redress scheme when things go wrong, and mandatory national licensing for all agents, with core standards and a “fitness to practise” test. For those rightly concerned about the cost of regulation, the Royal Institute of Chartered Surveyors has used the Department for Business, Innovation and Skills impact assessment model to show that such basic legislation would have an initial cost of £46 million but would bring net benefits of over £20 million a year.
However, the changes simply cannot be done from the centre. Local authorities must be at the heart of improvements in the lettings market. That is why my Bill would also give councils strong enforcement powers and new powers to set up their own local letting agencies as public sector comparators and competitors to their private sector counterparts. That model of market challenge by the public sector already works well for low-end rented properties in places such as Derby, Lewisham and Newham. I believe that a new system of mid-market local letting agents, run by the public service, would help drive up standards and drive down fees. Councils could run such operations under their existing trading powers, so local tenants and landlords would benefit and local council tax payers could too.
Our home is our biggest financial outlay, whether we buy or rent. The basic regulation now in place for estate agents is still missing for letting and managing agents. The private rented market is now failing too many despairing tenants who feel let down by low standards and ripped off by high fees. This sector has been called the property market’s wild west. It is high time Parliament brought the rule of law to bear on the cowboys, and my Bill would do just that.
Question put and agreed to.
Ordered,
That John Healey, Mr Gareth Thomas, Lucy Powell, Sir Peter Bottomley, Andrew George, Lilian Greenwood, Ian Mearns, Mr Steve Reed, Clive Efford, John Pugh, Derek Twigg and Natascha Engel present the Bill.
John Healey accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 18 October, and to be printed (Bill 83).
Finance Bill
(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
16:47 - The House divided: - Ayes: 234 / Noes: 303 - Question accordingly negatived.
18:49 - The House divided: - Ayes: 227 / Noes: 301 - Question accordingly negatived.
19:48 - The House divided: - Ayes: 212 / Noes: 274 - Question accordingly negatived.
20:43 - The House divided: - Ayes: 279 / Noes: 217 - Question accordingly agreed to.
The Exchequer Secretary to the Treasury (Mr David Gauke)
I beg to move, That the clause be read a Second time.
New clause 7 makes changes to the procedure for the granting of interim payments in common law court claims relating to taxation matters. Its effect will be to limit the circumstances in which interim payments may be granted in the rare tax cases originating in a common law claim as opposed to appeal through the tax tribunal. The new clause will bring the treatment of tax cases under the two routes into closer alignment. It will simplify the process and lessen administrative burdens for the Revenue and for claimants.
I should like to set out some of the background to this change. It corrects a difference in treatment with respect to the granting of interim remedies on tax disputes that arise depending on whether the claim is appealed to the tax tribunal or originates before the High Court, or the Court of Session if in Scotland. Generally speaking, appeals against a decision by Her Majesty’s Revenue and Customs on a tax matter are appealed to the tax tribunal. This system is provided for in statutory tax legislation and is the standard route of appeal for a taxpayer who disagrees with a decision by HMRC.
There is no procedure for the granting of interim payments under this system. Instead, tax is paid or repaid as appropriate when a decision is made on the case. This is a sensible arrangement. The interim award procedure was not designed to be a remedy in a tax dispute. Its common application is to victims who have suffered serious injury to their health but the long-term prognosis leaves it unclear how much they should receive. An interim payment allows them to have enough money to make adaptation to their homes and to pay for care. Clearly, the complex adjudication of a tax dispute is a very different circumstance unsuited to the application of anticipatory payments in advance of final judgment. It is therefore right that the normal practice in tax disputes is not to grant an interim payment.
However, difficulty arises where a tax claim originates in common law. In such circumstances, it would currently fall outside the scope of the tribunal system and would therefore be appealed instead to the High Court. Here claimants may obtain interim payment before the matter is finally settled. Such payments may then need to be returned to the Revenue as the direction of jurisprudence changes at different stages of litigation. This back-and-forth process is administratively burdensome on both parties and adds to the cost of the litigation. Furthermore, it exposes the Revenue to a risk of non-recovery in the event that the taxpayer becomes insolvent after obtaining an interim payment that it is later required to hand back.
Let me set out a little more detail on the new clause. The measure will operate by limiting the power of a court to grant an interim payment to a claimant whose application for such payment is founded, at least in part, on a point of law which has yet to be finally determined. The court will, however, still be able to grant an interim payment to whatever extent is necessary to fund the ongoing litigation, as well as in some other defined circumstances where there is a strong case for granting such award. The measure relates only to those rare tax cases that fall outside the scope of the tribunal system. It is a procedural matter, not a change in tax policy.
John Healey (Wentworth and Dearne) (Lab)
The Minister said that such cases are rare. How many are there each year, and how quickly will they be dealt with under the system proposed in new clause 7 as compared with now?
Mr Gauke
How quickly a particular case will be dealt with depends on the length of time it takes to be resolved. The right hon. Gentleman will know from his considerable experience as a Treasury Minister that some of these cases can take a number of years. It is worth pointing out that, by and large, large corporates tend to be involved in this type of litigation. The length of time it will take for a case to be resolved is ultimately unaffected by these changes. Their only significance is that there will not be interim payments in these rare cases.
The right hon. Gentleman asked how many cases there are per year. I cannot give him the number straight away, but it is very low. In the vast majority of cases, disputes are taken through the tax tribunal. As I say, this is about making common law cases consistent with tax tribunal cases. It is difficult to give the precise number of cases per year, but we are talking about low numbers.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
I thank the Minister for responding to my right hon. Friend’s useful question. Will he clarify why the Government are proposing this change as a new clause to the Finance Bill? What has come to light between the initial drafting of the Bill and this stage in the proceedings, which is clearly very late given that the Bill is due to receive its Third Reading today?
Mr Gauke
We have introduced it at this point because recent jurisprudence has crystallised our view in this regard. As I say, we want consistency between common law cases and tax tribunal cases. A degree of volatility has been created in terms of tax revenues that none of us should welcome. In short, the answer to the hon. Lady’s question is that the reason is recent jurisprudence.
Let me give the right hon. Gentleman a little more detail in response to his question about rare cases. HMRC is aware of fewer than 10 strands of litigation where tax issues are being handled through the High Court. That is not to say that they would necessarily all involve interim payments, but I hope that that gives some sense of the scale of the issue. As I say, it is a procedural matter.
John Healey
It is helpful of the Minister to give the House an indication of the scale in terms of the number of cases. Can he also indicate the scale in terms of the amount of tax at stake in such cases?
Mr Gauke
The first point to make is that this does not ultimately change the amount of tax at stake, because a litigant will either win or not win. If a litigant who ultimately wins has not had access to an interim payment as a consequence of this measure, that does not change what they will ultimately receive. Some of these cases involve large sums of money, sometimes many millions of pounds. In some cases, interim payments have been very significant. However, I stress that this does not ultimately change how much money will end up in the pocket of the litigant. It is a question of timing and ensuring that we have some consistency.
Turning to why we are doing this now, it follows recent jurisprudence of the Court relating to the application of the interim awards procedure. This jurisprudence has crystallised our view that the interim payment procedure is not suitable for complex tax disputes. There is also an element of risk management in this. HMRC is routinely involved in litigation where the tax at stake may be for very high sums of money. The granting of payments on an interim basis before a final decision has been reached contributes to the volatility of tax revenues. By limiting the application of the interim payment procedure in common law court claims relating to taxation matters, and bringing the system into better alignment with what is standard practice in the tax tribunal, the new clause will cut down on complex work associated with calculating claims on a contingent basis before matters relating to liability and quantum have been resolved by the judiciary.
Catherine McKinnell
The information being provided by the Minister is very helpful. The impact note states that the change will have no Exchequer impact, but that Her Majesty’s Revenue and Customs will benefit from reduced administrative costs and burdens. Is the Minister able to put a sum on that economic benefit to the Treasury?
Mr Gauke
That is a fair question and there will be a benefit to HMRC, but it is difficult to put a sum on it. I do not want to overstate the argument—we are not talking about an administrative saving of many millions of pounds—but clearly these cases are difficult to deal with. They involve the additional complexity involved in large-scale litigation matters that are taken through the courts. There is a saving, but I do not want to overstate it. The hon. Lady raises a perfectly fair question, but it is difficult to provide a precise number.
At a time when there is considerable pressure on resources, it is difficult to justify the considerable additional work that the interim payment procedure creates for the Revenue by adding stages to the litigation process. We have, therefore, taken the decision to legislate now in order to achieve better alignment between the treatment of different tax cases at the earliest opportunity. The Government believe that this will help bring an end to misalignment whereby the availability of interim payments in the context of tax differs depending on whether claims are brought in the court system or the tribunal system.
Catherine McKinnell
I thank the Minister for his comprehensive account of new clause 7 and for responding to our queries. As he has said, the Government want to introduce a number of new clauses and amendments to the Bill. Could you clarify, Mr Deputy Speaker, whether we are dealing with just new clause 7 at this stage, or are we taking any other amendments?
Catherine McKinnell
Thank you, Mr Deputy Speaker; I appreciate that clarification.
New clause 7 makes changes to the procedure for the granting of interim payments in common law claims relating to taxation matters so that the treatment of tax cases commenced under common law court claims and tax tribunals will be more closely aligned in future. We support this simplification process, and the Minister’s response to our probing questions during his generous explanation of the new clause has clarified the issue.
Harriett Baldwin (West Worcestershire) (Con)
Is it appropriate, Mr Deputy Speaker, that I now speak to amendments 52 and 53, tabled in my name?
Mr Deputy Speaker
No.
Question put and agreed to.
New clause 7 read a Second time, and added to the Bill.
Clause 175
Election to be treated as domiciled in the United Kingdom
Mr Gauke
I beg to move amendment 1, page 105, leave out lines 4 to 13 and insert—
‘(3) Condition A is that, at any time on or after 6 April 2013 and during the period of 7 years ending with the date on which the election is made, the person had a spouse or civil partner who was domiciled in the United Kingdom.
(4) Condition B is that a person (“the deceased”) dies and, at any time on or after 6 April 2013 and within the period of 7 years ending with the date of death, the deceased was—
(a) domiciled in the United Kingdom, and
(b) the spouse or civil partner of the person who would, by virtue of the election, be treated as domiciled in the United Kingdom.’.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss Government amendments 2 to 7 and 35 to 51.
Mr Gauke
These Government amendments make important changes to the UK’s inheritance tax rules.
Amendments 1 to 7 will bring in greater flexibility and provide more individuals with the option to elect to be treated as UK domiciled for the purposes of inheritance tax. They demonstrate the Government’s willingness to listen to the views of external interested parties and act where there is a principled case for change.
Amendments 35 to 51 are being made as a result of comments by interested parties. They clarify the technical interpretation of the legislation and change the commencement provisions with respect to certain liabilities.
Let me turn first to amendments 1 to 7 to clause 175. The clause reforms the inheritance tax treatment of transfers between UK-domiciled individuals and their non-UK-domiciled spouses or civil partners. The changes allow individuals who are not domiciled in the United Kingdom but who have a UK-domiciled spouse or civil partner to elect to be treated as domiciled in the UK for the purposes of inheritance tax.
The amendments are being made following comments from two key interested parties—the Chartered Institute of Taxation and the London Society of Chartered Accountants—about how the Finance Bill as drafted amends the inheritance tax treatment of spouses and civil partners not domiciled in the UK. Their further representations since the publication of the Bill in March have helped us understand the concerns raised in more detail. Considering the points raised has taken time, but the amendments will resolve these issues.
The clause as drafted stipulates that a person must be non-UK-domiciled and married at the time they make an election. Consequently, a person who has recently become UK domiciled would not be able to make a retrospective election that would cover a period when he or she had been non-domiciled. Effectively, they are trapped if they are not aware of the possible IHT consequences at the point just before they become UK domiciled—for example, if they decide to remain in the UK indefinitely after having children here. This might be especially harsh in situations where the original UK-domiciled spouse dies suddenly having made potentially exempt transfers to the surviving spouse.
Similarly, the Bill as drafted requires a person to remain married to, or in a civil partnership with, the UK-domiciled spouse or civil partner throughout the “relevant period” preceding the election, which can be up to seven years. Therefore, in circumstances where the marriage or civil partnership has been dissolved and the person is a non-domiciled individual, they are prevented from making an election retrospectively and hence prevented from gaining access to spousal relief for the period when they were married in return for their overseas assets being brought into IHT. That was not the intention of the policy.
Amendments 1 to 7 remove the condition that a person must be non-UK-domiciled at the time of making an election. They also remove the requirement that the person making the election is married or in a civil partnership with the UK-domiciled individual throughout the relevant period. The amended clause stipulates instead that they were married or in civil partnership at any time during the relevant period.
As a result of these amendments, individuals who are domiciled in the UK but who were previously domiciled elsewhere will be able to make a retrospective election. Similarly, the amendments will also enable individuals previously married or in a civil partnership to make a retrospective election following divorce or dissolution. This will ensure that changes in domicile or marriage status do not restrict the ability of individuals to elect to be within the UK inheritance tax system.
Amendment 1 simply removes a sub-paragraph that is no longer required as a consequence of amendments 2 to 6, while amendment 7 provides clarity that the provision for revoking an election applies only to the person who made the election and not to that person’s personal representatives.
Let me now turn to amendments 35 to 51 to schedule 34. Clause 174 and schedule 34 reform the inheritance tax treatment of outstanding liabilities. They introduce new conditions and restrictions on when a liability can be deducted from the value of an estate.
The current rules allow almost all outstanding liabilities at death to reduce the value of an estate, irrespective of how the borrowed moneys have been used, or whether the loan is repaid following the death. That creates opportunities for avoidance and can lead to decisions and arrangements being made purely for tax reasons. A range of contrived arrangements and avoidance schemes on the market seek to exploit the current rules. The number of those is expected to grow as other avoidance routes are closed off.
There is an inconsistency in how the current rules treat liabilities that are used to acquire assets that qualify for relief, but that are secured against different types of assets. That creates an advantageous tax position and distorts decision making by encouraging individuals to secure business loans against their personal property where there may be no need to do so. The Government believe that the tax system should neither encourage nor penalise the choice of one form of security over another.
Clause 174 and schedule 34 address those opportunities for avoidance and inconsistency in three ways. First, deductions will be disallowed where the loan has been used to acquire excluded property—that is, property which is excluded from the charge to inheritance tax. Secondly, where the loan has been used to acquire relievable property—that is, property which qualifies for a relief—the relief will be allowed against the net value of the property after deducting the loan. Thirdly, the loan will generally be allowable as a deduction only if it has been repaid from assets in the estate.
The Government are making those changes to improve the integrity and fairness of the inheritance tax system, close avoidance opportunities and remove the inconsistency in the treatment of loans.
Following the publication of the Finance Bill in March, Her Majesty’s Revenue and Customs has received comments from representative bodies, practitioners and individuals that have highlighted sections of the legislation that could be clarified. Interested parties have also expressed concern that the new provisions will apply retrospectively where individuals have secured business loans on their non-business property for commercial reasons, rather than for avoidance purposes, before the changes were announced. Those individuals would face a higher IHT bill if they died before the debt was repaid.
Amendments 35 to 49 clarify the interpretation of the legislation to ensure that it works as intended, and address some of the technical issues identified in feedback. If a loan has been used to acquire excluded property, which later becomes chargeable to IHT, amendment 37 will allow the deduction for the liability. Conversely, if chargeable property subsequently becomes excluded property, the amendment will deny the deduction.
Where a loan has been used to acquire relievable property and that property is given away before death, amendments 41 and 42 will ensure that the liability is not deducted again against other types of property if it has already been taken into account. Amendment 45 will widen the meaning of “estate” to allow the liability to be repaid from property that is usually treated as being outside a person’s estate for IHT purposes, such as foreign property that is owned by an individual who is not domiciled in the UK. Where a loan has not been repaid and the deduction is disallowed, amendment 47 will make it clear that the liability will not reduce the amount that would be eligible for the inheritance tax exemption for transfers between spouses or civil partners.
The Government recognise that some lenders may require security in the form of personal assets and that individuals who have secured existing loans against their personal property to finance business investment may not be able to restructure the loan or unwind the arrangements. Amendments 50 and 51 will therefore amend the commencement date so that the new rules dealing with liabilities incurred to acquire relievable property will apply only to new loans taken out on or after 6 April 2013. That will mean that someone who took out a business loan in the past secured against their other assets will not be affected by the new provisions.
The commencement date for the other provisions in schedule 34 will remain unchanged as the date of Royal Assent. Those provisions will apply to other liabilities, irrespective of when they were incurred.
Catherine McKinnell
The Minister is again providing a thorough explanation of the Government amendments. He may recall that the Chartered Institute of Taxation expressed concerns that clause 174 and schedule 34 were “profoundly anti-business” and did “not recognise economic realities”. Will the Minister provide reassurance that the Government are confident that those concerns are addressed by today’s amendments?
Mr Gauke
We have sought to address many of the concerns that have been raised. It is perhaps worth outlining the policy objective of limiting the deduction for liabilities. It removes a tax advantage that certain schemes and arrangements seek to achieve. It removes an anomaly in the current rules that may distort business financing decisions. The measures will ensure that the value of an estate that is subject to IHT reflects the normal economic consequences of incurring a liability. They support our policies on anti-avoidance and fairness.
Catherine McKinnell
Amendments 1 to 7 will make technical changes to clause 175, which introduces provisions by which an individual who is or has been married to or who is or has been in a civil partnership with someone who is domiciled in the UK can elect to be treated as UK domiciled for inheritance tax purposes. The Minister has set out in detail the reasons for the changes and the expected impact.
I have one additional question. The impact note that was published with the amendments states that there will be a negligible impact in this year, but that in future years there is expected to be a £5 million negative impact on the Exchequer. Will the Minister clarify how and why that negative impact will be realised?
Amendments 35 to 51 will alter schedule 34 and clause 174 on the treatment of liabilities for inheritance tax purposes. Understandably, the Minister focused on those proposals for the majority of his remarks, because they have been the subject of significant concern from a number of quarters. As he explained, the clause was drafted in response to avoidance schemes and arrangements that sought to exploit the inheritance tax rules that allow for a deduction for liabilities owed by the deceased against the value of an estate, regardless of whether the debt is paid after death.
HMRC has outlined some of those arrangements. Some involve contrived debts that are subsequently not repaid, so there is no real reduction in the value of the estate. Others involve loans that are used to acquire assets that are not chargeable to inheritance tax or which qualify for a relief so that the value of the estate is doubly reduced. The policy intention of the measure is to remove the tax advantage that such schemes and arrangements seek to achieve through the exploitation of that loophole. Obviously, that is an aim that the Opposition support.
The impact assessment shows a net positive return to the Exchequer of £5 million in 2013-14, rising to £20 million in 2014-15, then falling and remaining steady at £15 million after 2017-18. It is obvious why the impact will be lower in 2013-14, but it would be helpful if the Minister would clarify why the return is expected to peak at £20 million and peter down to £15 million on an ongoing basis. Presumably, individuals who are aware of the changes will, as executors, adjust their tax planning behaviour, but it would be interesting to understand why we expect that increase in 2014-15, and why the return will continue at £15 million on an ongoing basis. Is that return expected to continue indefinitely in terms of tax protected by the Exchequer?
A number of concerns about this measure were raised in Committee, and also expressed by several external organisations that the Minister mentioned. Most notably, there is concern that the new rules are too broad and may unintentionally catch genuine existing arrangements, rather than solely avoidance behaviour. It is welcome that amendments 35 to 51 seek to focus the new rules more tightly, and clarify the legislation where appropriate to minimise the impact on those with innocent arrangements. Despite the amendments, there are still a number of concerns about clause 174 and schedule 34. I have already asked the Minister whether he is confident that those concerns have been addressed, because even despite the amendments, concerns continued to be raised. It would be helpful if the Minister would provide comfort to the House, members of the public and tax professionals who are concerned about the clause.
The key concern expressed by the Chartered Institute of Taxation relates to debts that are not discharged from the estate of a deceased person. New provisions in clause 174 appear to mean that if a debt has not been discharged directly out of an estate, it will not be deductible for inheritance tax purposes. For example, if the deceased’s estate contains a house subject to a mortgage, the mortgage debt might be repaid from the proceeds of an insurance policy, payable directly to the beneficiary. Although a spouse or civil partner would not be subject to inheritance tax under such circumstances, a cohabitee or orphan child would be. Alternatively, if there is no insurance to pay off the mortgage, the beneficiary might take on the mortgage debt. In either case, as liability will not have been discharged directly out of the estate, which is a requirement of the new provision, it appears that it will not therefore be deductable.
I understand that HMRC intends to deal with such scenarios in its guidance, but it would be helpful for the Minister to clarify the position in his response. The Chartered Institute of Taxation previously expressed concerns that the measures are “profoundly anti-business” and do “not recognise economic realities”. Indeed, it went so far as to state
“we can hardly think of a more counter-productive measure than to deny relief for lending related to business.”
I am sure the Government will want to respond to that strong concern, given current economic conditions and their stated desire to stimulate economic growth. I am sure it is not their intention to enact measures that could be counter-intuitive to that desire.
The Government’s amendments mean that new rules on liabilities incurred to acquire a relievable property will apply to loans taken out or varied on or after 6 April 2013. That is important because of the retroactive nature of schedule 34, which has been criticised given the significant implications for business loans taken out many years ago and secured against a person’s house.
The Chartered Institute of Taxation continues to be concerned that the amendments do not provide adequate protection for small businesses. If a business loan was taken out many years ago but is varied after 6 April 2013, the transitional protection offered by the amendments falls away. That could trap small business owners into existing loans, or hinder anyone whose loan comes to an end, where the bank wants to alter the terms, or if the individual wants to refinance. Ultimately, the Chartered Institute of Taxation fears that that could result in people facing an unenviable choice between selling the family home and selling their business if the business owner dies. I would be grateful to hear the Minister’s comments on those concerns.
To return briefly to my comments on amendments 1 to 7, the impact assessment states that the proposed changes could impact on small businesses. There has been no consultation with small firms or any other groups, so perhaps the Minister will confirm that both sets of changes will not have the detrimental impact on small businesses and business lending that many tax professionals are concerned about.
Mr Gauke
I will try to address the hon. Lady’s points. First, on inheritance tax and non-domiciled spouses, she correctly mentioned the costs of the policy, which are largely due to an increase in the lifetime limit set out in the Budget documents. Clause 176 increases that limit from £55,000 to £325,000—it has not been increased since 1982, and we wanted to address that to be fair to non-domiciled spouses. That is the reason for the cost.
The yield from measures in clause 134 and schedule 34 comes from two main types of avoidance scheme that will be closed by these provisions. The main impact on one will be relatively short-lived. The hon. Lady is right to point out that we expect tax agents providing tax avoidance schemes to move on to new schemes in other parts of the tax code, and that will have a behavioural impact. That explains the peak in one year—2014-15—and the £15 million yield for subsequent years.
The hon. Lady mentioned the impact on business and I refer her to my earlier remarks—as you will have noted, Mr Deputy Speaker, I covered quite a lot of ground in a fairly lengthy speech. Estates will continue to get a deduction for loans or liabilities, provided they are not used to acquire assets that are not chargeable to inheritance tax and are repaid after death, unless there are genuine commercial reasons for non-repayment. Business and investment decisions are made on a range of factors, including tax. One of the Government’s key principles for good taxation is that the tax system should be efficient. It should neither favour nor penalise one form of lending or security over another. The new provisions will ensure that this is the case.
Catherine McKinnell
I appreciate the Minister’s point, but I question the reference to how the majority of small businesses manage to secure funding. Small businesses in particular are struggling to obtain funding from banks.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are wandering away from the amendment, and I know the hon. Lady just wanted to make a point on the amendment.
Catherine McKinnell
My point relates specifically to the amendment, Mr Deputy Speaker. Many businesses that manage to obtain funding are often required to provide their home as security. If this provision has a detrimental impact on small businesses and puts family homes in jeopardy, will the Government keep it under review?
Mr Gauke
I can appreciate why the hon. Lady raises that point, but recent evidence from inheritance tax returns suggests that the majority of business overdrafts and loans continue to be unsecured. There may well have been changes to the balance between secured and unsecured business overdrafts and loans in recent years, but it remains the case that the majority are unsecured. Where security is provided, it is typically in the form of a charge on a business property. I understand why she raises the point, but the evidence suggests that this will not cause the concern that she anticipates. All measures are kept under review and this will be no exception, but we believe that we have got the balance right. This will address a distortion and an avoidance opportunity. I therefore hope that these proposals, as refined by the amendments, will become part of the Bill.
Amendment 1 agreed to.
Amendments made: 2, page 105, leave out lines 39 to 43.
Amendment 3, page 106, line 4, leave out ‘spouse or civil partner’s’ and insert ‘deceased’s’.
Amendment 4, page 106, line 7, leave out from first ‘date’ to end of line 19 and insert—
‘if, on the date—
(a) in the case of a lifetime election—
(i) the person making the election was married to, or in a civil partnership with, the spouse or civil partner, and
(ii) the spouse or civil partner was domiciled in the United Kingdom, or
(b) in the case of a death election—
(i) the person who is, by virtue of the election, to be treated as domiciled in the United Kingdom was married to, or in a civil partnership with, the deceased, and
(ii) the deceased was domiciled in the United Kingdom.’.
Amendment 5, page 106, line 21, leave out ‘spouse or civil partner’ and insert ‘deceased’.
Amendment 6, page 106, line 27, leave out ‘or (4)(b)’.
Amendment 7, page 106, line 41, leave out ‘a lifetime or death election’ and insert
‘an election under section 267ZA(1)’.—(Mr Gauke.)
Schedule 2
Tax advantaged employee share schemes
Mr Deputy Speaker
With this it will be convenient to discuss Government amendments 9 to 16.
Mr Gauke
Clause 14 and schedule 2 provide a wide-ranging simplification of the four tax advantaged employee share schemes, following recommendations by the Office of Tax Simplification. The Government are introducing amendments 8 to 16 to provide further clarity on the rules that apply where company events involving “general offers” take place. When clause 14 was discussed in Committee, we highlighted some of the improvements that we are making to simplify the tax advantaged employee share schemes, and I shall provide hon. Members with some background on the specific provisions relating to these amendments.
Current legislation allows employees affected by certain company events, such as takeovers, to exchange their original scheme shares or options for shares or options in the acquiring company. The schedule also creates new rights for participants to realise scheme shares or exercise options without tax liability in the event of a cash takeover of their company.
Earlier this year, a tax tribunal hearing a particular case published a decision on what constitutes a “general offer” for the whole of the ordinary share capital of a company. Following this decision, and a number of requests from taxpayers and advisers, the Government consider it desirable to clarify the scope of what constitutes a “general offer” for the purposes of the provisions. The amendments clarify the position across all four tax advantaged employee share schemes, and confirm the rules as they have been consistently applied by HMRC. Our aim is to remove any uncertainty for advisers and taxpayers, consistent with the general simplification theme of the changes. The amendments, alongside the changes that already form part of the Bill, demonstrate the Government’s commitment to simplifying and clarifying the tax rules where possible.
Catherine McKinnell
These are technical amendments tabled in response to concerns about the operation of the share incentive plans in section 498 and schedule 2 to the Income Tax (Earnings and Pensions) Act 2003. The amendments will clarify save-as-you-earn option schemes. We support the clarification of the rules that apply when general offers take place.
Amendment 8 agreed to.
Amendments made: 9, page 144, line 45, after ‘“(7)’, insert—
‘For the purposes of sub-paragraph (5) it does not matter if the general offer is made to different shareholders by different means.
(8) ’.
Amendment 10, page 146, line 20, at end insert—
“(3DA) In subsection (3D)(a) the reference to the issued ordinary share capital of the relevant company does not include any capital already held by the person making the offer or a person connected with that person and in subsection (3D)(b) the reference to the shares in the relevant company does not include any shares already held by the person making the offer or a person connected with that person.
(3DB) For the purposes of subsection (3D)(a) and (b) it does not matter if the general offer is made to different shareholders by different means.’.
Amendment 11, page 147, line 16, at end insert—
‘(1A) After sub-paragraph (3) insert—
(3A) In sub-paragraph (3)(a) the reference to the issued ordinary share capital of the company does not include any capital already held by the person making the offer or a person connected with that person and in sub-paragraph (3)(b) the reference to the shares in the company does not include any shares already held by the person making the offer or a person connected with that person.
(3B) For the purposes of sub-paragraph (3)(a) and (b) it does not matter if the general offer is made to different shareholders by different means.”
(1B) A SAYE option scheme approved before the day on which this Act is passed which contains provision under paragraph 37(1) of Schedule 3 to ITEPA 2003 by reference to paragraph 37(2) has effect with any modifications needed to reflect the amendment made by sub-paragraph (1A).’.
Amendment 12, page 147, line 37, leave out sub-paragraph (1) and insert—
‘(1) In Part 7 of Schedule 3 (exercise of share options) paragraph 38 (exchange of options on company reorganisation) is amended as follows.
(1A) In sub-paragraph (2)(c)—
(a) after “982” insert “or 983 to 985”, and
(b) after “shareholder” insert “etc”.
(1B) After sub-paragraph (2) insert—
“(2A) In sub-paragraph (2)(a)(i) the reference to the issued ordinary share capital of the scheme company does not include any capital already held by the person making the offer or a person connected with that person and in sub-paragraph (2)(a)(ii) the reference to the shares in the scheme company does not include any shares already held by the person making the offer or a person connected with that person.
(2B) For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not matter if the general offer is made to different shareholders by different means.”’
Amendment 13, page 149, line 34, at end insert—
“(2HA) In subsection (2H)(a) the reference to the issued ordinary share capital of the relevant company does not include any capital already held by the person making the offer or a person connected with that person and in subsection (2H)(b) the reference to the shares in the relevant company does not include any shares already held by the person making the offer or a person connected with that person.
(2HB) For the purposes of subsection (2H)(a) and (b) it does not matter if the general offer is made to different shareholders by different means.’.
Amendment 14, page 150, line 31, at end insert—
“(3A) In sub-paragraph (3)(a) the reference to the issued ordinary share capital of the company does not include any capital already held by the person making the offer or a person connected with that person and in sub-paragraph (3)(b) the reference to the shares in the company does not include any shares already held by the person making the offer or a person connected with that person.
(3B) For the purposes of sub-paragraph (3)(a) and (b) it does not matter if the general offer is made to different shareholders by different means.’.
Amendment 15, page 151, line 6, leave out sub-paragraph (1) and insert—
‘(1) In Part 6 of Schedule 4 (exercise of share options) paragraph 26 (exchange of options on company reorganisation) is amended as follows.
(1A) In sub-paragraph (2)(c)—
(a) after “982” insert “or 983 to 985”, and
(b) after “shareholder” insert “etc”.
(1B) After sub-paragraph (2) insert—
“(2A) In sub-paragraph (2)(a)(i) the reference to the issued ordinary share capital of the scheme company does not include any capital already held by the person making the offer or a person connected with that person and in sub-paragraph (2)(a)(ii) the reference to the shares in the scheme company does not include any shares already held by the person making the offer or a person connected with that person.
(2B) For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not matter if the general offer is made to different shareholders by different means.”’.
Amendment 16, page 151, line 13, at end insert—
‘Enterprise management incentives
30A (1) In Part 6 of Schedule 5 (company reorganisations) in paragraph 39 (introduction) after sub-paragraph (3) insert—
“(4) In sub-paragraph (2)(a)(i) the reference to the issued share capital of the company does not include any capital already held by the person making the offer or a person connected with that person and in sub-paragraph (2)(a)(ii) the reference to the shares in the company does not include any shares already held by the person making the offer or a person connected with that person.
(5) For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not matter if the general offer is made to different shareholders by different means.”
(2) The amendment made by this paragraph comes into force on such day as the Treasury may by order appoint.’.—(Mr Gauke.)
Schedule 9
Qualifying Insurance Policies
The Economic Secretary to the Treasury (Sajid Javid)
I beg to move amendment 17, page 205, line 7, after ‘(g)’, insert ‘or (4A)’.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
Government amendments 18 to 29.
Amendment 52, page 213, line 2, at end insert—
‘(aa) the policy has an annual premium of £3,600 or less.’.
Amendment 53, page 213, line 2, at end insert—
‘(ab) the policy is subject to capital gains tax.’.
Sajid Javid
Amendments 17 to 29 make a number of technical changes to schedule 9 and clause 25 to ensure that the qualifying insurance policy regime works as intended. Let me set out some brief background to these changes. The qualifying policy regime was introduced in 1968 to preserve pre-existing tax treatment for traditional moderate value, long-term, regular premium savings policies that contain a significant element of life insurance.
No upper limit was set for the investment premiums that could be paid into a QP, which allowed individuals to obtain unlimited relief from higher rates of income tax. In the 2012 Budget, the Government announced a restriction to the tax relief available for QPs. Clause 25 and schedule 9 introduce an annual premium limit of £3,600 on qualifying life insurance policies. This restriction limits the amount of premiums payable into QPs for an individual to no more than £3,600 in any 12-month period, with effect from 6 April 2013.
This measure supports the Government’s objective of promoting fairness in the tax system by ensuring that tax reliefs for QPs are correctly targeted. Consultation since the Bill was introduced has continued and identified the need for Government amendments to clause 25 to deal with points of detail in 13 areas. None of these represents a change of policy; as I have said, they are technical adjustments to ensure that the rules operate effectively and as intended. The amendments have been discussed with industry representatives and have benefited from the comments received.
Let me briefly explain the amendments in slightly more detail. The purpose of the changes is to provide flexibility to deal with potential future exclusions from the non-assignment rule and potential future exclusions from the circumstances under which beneficiaries must make statements, to extend the period by which an individual must first make a statement and to clarify what information an insurer must provide and obtain from a policy beneficiary and what an insurer must provide to HMRC. In addition, a number of amendments make minor corrections or consequential changes to the more material changes that I have described.
If I may, Mr Deputy Speaker, I will speak to amendments 52 and 53, standing in the name of my hon. Friend the Member for West Worcestershire (Harriett Baldwin), at the end of the debate.
Harriett Baldwin
I rise to speak to amendments 52 and 53, standing in my name and the names of my hon. Friends the Members for City of Chester (Stephen Mosley) and for Finchley and Golders Green (Mike Freer).
I tabled these amendments to schedule 9 after being alerted recently to the consequences of the proposed changes to the life insurance qualifying policy regime for a small business in Malvern in my constituency, which is a market maker in traded endowment policies. The business provides a price at which it will both buy and sell an endowment policy, which creates welcome liquidity in these financial instruments. The firm has been recognised for its work with a Queen’s export award for industry.
The Association of Policy Market Makers estimates that the traded endowment policy market involves about 7,000 policies a year, out of the 20 million policies outstanding, and has a value estimated at approximately £150 million. The reasons why someone might want to sell an endowment policy vary. The most significant reason —accounting for 20%—is poor investment performance, although someone might be selling their house or trying to get some equity release. People sell endowment policies when they want to reduce their mortgage or improve their home—perhaps at retirement or when they lose their jobs, are bereaved or are getting divorced. Someone might want to buy a second-hand endowment policy to get a better rate of return than cash without a stock market risk. Endowment policies are also popular products with people with lump sums—such as victims of accidents who receive large payouts—because they have capital protection at maturity and tend to be priced to beat inflation.
The market is in natural decline, as endowment policies are no longer very popular and the existing 20 million policies have a finite end date. Nevertheless, there are thought to be seven such small businesses in the UK, employing about 200 people, including in the constituencies of my hon. Friends the Members for City of Chester and for Finchley and Golders Green. These firms worry that they will be put out of business by the change of tax treatment for these policies contained in schedule 9.
Sajid Javid
Allow me now to turn to amendments 52 and 53, in the name of my hon. Friend the Member for West Worcestershire (Harriett Baldwin). I recognise that she speaks from experience and in support of concerns raised by her constituents. I have listened very carefully to those points, and I welcome the opportunity to debate this issue. In providing some additional background to the annual premium limit, I hope that she will be reassured by the safeguards that we have introduced—and the reasons for introducing them—and will consider not pressing her amendments. Amendments 52 and 53 ask that the Government exclude assignments that make a policy non-qualifying where either the policy has an annual premium of £3,600 or less, or the policy is subject to capital gains tax.
Let me respond to some of the points raised by my hon. Friend. She commented that seven small businesses selling second-hand endowment policies could close as a result of the change to the tax treatment of qualifying policies. We recognise that these policies are likely to sell for less on the market where the purchaser is an individual who is a higher or additional rate taxpayer, due to the income tax charge when the policy matures. Let me reassure her that there is currently no bar to the sale of non-qualifying policies on the market and that research from the industry shows that non-qualifying policies are currently sold in the market. We envisage that this market might actually increase as a result of fewer QPs being available for sale.
Let me reassure the House that any adverse impact of the tax changes will be limited to those purchasers who are higher or additional rate taxpayers. Where a second-hand endowment policy is bought by a corporate investor or a basic rate taxpayer, there will be no impact on the tax position of the buyer when the policy matures. As a result, the loss of QP status will not make these policies any less attractive for those investors.
My hon. Friend made a point about capital gains. Previously, the purchaser of a traded endowment policy would have been liable to tax under the capital gains tax regime. That tax treatment was based on the maturity proceeds, less what the purchaser paid to acquire and maintain the policy. Capital gains tax treatment was more favourable, in that no additional tax would be payable unless the gains exceeded the annual exempt amount. In practice, it is likely that higher or additional rate taxpayers structured their affairs so as to ensure that little or no capital gains tax would be payable by using their full annual exempt allowance for a tax year. For 2013-14, that amount is £10,900. There is an additional safeguard for basic rate taxpayers who fall into the higher tax bracket as a result of the policy maturing. If that happens, the individual will get top-slicing relief, which reduces any additional tax payable. The relief is not available if the taxpayer is already a higher or additional rate taxpayer when the policy matures.
My hon. Friend has stated that her amendments would set the same annual premium limit for traded endowment policies as that set for new policies and existing policies. The annual premium limit of £3,600 applies to each individual rather than to a single policy. The effect of amendment 52 would be to exclude a policy from the limit if it had an annual premium payable of £3,600 or less. Purchasers of traded endowment policies will already have an annual premium limit of £3,600 applying to their own policies. As a result of that amendment, they would also be able to acquire as many traded endowment policies as they could afford, so long as each of those policies had premiums payable under the threshold. That would put an individual who had taken out a qualifying policy from the outset at a disadvantage to an individual who later acquired a policy. Amendment 52 would not result in a level and fair playing field. Rather, it would inadvertently create an unfair advantage for purchasers of these traded endowment policies.
My hon. Friend understandably referred to the restrictions on assignments for consideration, which are an essential part of the policy. The aim of our measure is to help to promote fairness in the tax system by limiting the tax relief available to higher rate and additional rate taxpayers. Without this restriction, individuals in a financial position to purchase traded endowment policies would be able to acquire qualifying policies without limit, while everyone else would be subject to the £3,600 annual premium limit. That would put an individual who had taken out a qualifying policy from the outset at a disadvantage to an individual who later acquired a policy, which would be unfair and inconsistent.
My hon. Friend considers that there is an element of retrospection about applying the annual premium limit to any QPs existing before 6 April 2013. Let me reassure her that there is no element of retrospection. The sale of a traded endowment policy on or after 6 April 2013 is treated no differently from an individual varying an existing policy after that date either to change the term or to vary the annual premiums payable. In all those cases, an individual will have made a conscious decision with regard to an existing product in full knowledge of the tax consequences resulting from that decision. The Government’s position is therefore that it would be unfair, inconsistent and disproportionate to allow all pre-6 April 2013 policies to remain qualifying following assignment to maintain the secondary traded endowment market.
The Government have listened to my hon. Friend’s concerns, however. As a result of the representations made, we would like to remind her that amendment 19 proposes giving HMRC a power to deal, in regulations, with any additional circumstances for which exclusion may be appropriate. I will ask officials to meet my hon. Friend’s constituents and to work with the industry to ensure that the annual premium limit remains proportionate as it beds in. I want to reassure her that if the evidence shows that the impact of the annual premium limit would prematurely bring to an end the traded endowment market, as she fears, the Government would consider using their power in amendment 19 to address the matter in a proportionate way, following discussions with interested parties. I hope that that provides her with a degree of reassurance that the Government are listening, and I respectfully ask her not to press her amendments to a vote.
These important technical changes enjoy the broad support of the life insurance industry. They will provide a more effective and more proportionate regime for the operation of the annual premium limit on QPs, and help to ensure that tax reliefs for QPs are appropriately given. I therefore commend Government amendments 17 to 29 to the House.
Amendment 17 agreed to.
Amendments made: 18, page 206, line 32, after ‘(g)’, insert ‘or (4A)’.
Amendment 19, page 213, line 25, at end insert—
“(4A) The Commissioners for Her Majesty’s Revenue and Customs may by regulations provide that sub-paragraph (2) does not apply if prescribed conditions are met in relation to the assignment.
“Prescribed” means prescribed by the regulations.
(4B) Regulations under sub-paragraph (4A) may—
(a) make different provision for different cases or circumstances, and
(b) contain incidental, supplementary, consequential, transitional, transitory or saving provision.’.
Amendment 20, page 213, line 27, after ‘(3)’, insert ‘or (4A)’.
Amendment 21, page 213, line 48, after ‘(g)’, insert ‘or (4A)’.
Amendment 22, page 214, line 33, at end insert—
“(6A) The Commissioners for Her Majesty’s Revenue and Customs may by regulations provide that an individual is not required to comply with sub-paragraph (2) if prescribed conditions are met.
“Prescribed” means prescribed by the regulations.
(6B) Accordingly, if by virtue of regulations under sub-paragraph (6A) an individual is not required to comply with sub-paragraph (2), sub-paragraph (3) does not apply because that individual does not comply with sub-paragraph (2).’.
Amendment 23, page 214, line 42, leave out ‘Finance Act 2013 is passed’ and insert—
‘first regulations under paragraph (c) below come into force’.
Amendment 24, page 215, line 12, at end insert—
“(8A) Sub-paragraph (8B) applies in relation to a policy if the obligations under the policy of its issuer are at any time the obligations of another person (“the transferee”) to whom there has been a transfer of the whole or any part of a business previously carried on by the issuer.
(8B) In relation to that time, in sub-paragraph (2) the reference to the issuer of the policy is to be read as a reference to the transferee.’.
Amendment 25, page 215, line 13, after ‘sub-paragraph’ insert ‘(6A) or’.
Amendment 26, page 221, line 38, leave out from ‘regulations’ to end of line 9 on page 222 and insert ‘—
(a) requiring relevant persons—
(i) to provide prescribed information to persons who apply for the issue of qualifying policies or who are, or may be, required to make statements under paragraph B3(2) of Schedule 15;
(ii) to provide to an officer of Revenue and Customs prescribed information about qualifying policies which have been issued by them or in relation to which they are or have been a relevant transferee;
(b) making such provision (not falling within paragraph (a)) as the Commissioners think fit for securing that an officer of Revenue and Customs is able—
(i) to ascertain whether there has been or is likely to be any contravention of the requirements of the regulations or of paragraph B3(2) of Schedule 15;
(ii) to verify any information provided to an officer of Revenue and Customs as required by the regulations.’.
Amendment 27, page 222, line 10, leave out ‘(2)’ and insert ‘(1)(b)’.
Amendment 28, page 222, leave out lines 20 and 21.
Amendment 29, page 222, leave out lines 29 and 30 and insert—
‘“relevant person” means a person—
(a) who issues, or has issued, qualifying policies, or
(b) who is, or has been, a relevant transferee in relation to qualifying policies.
(6) For the purposes of this section a person (“X”) is at any time a “relevant transferee” in relation to a qualifying policy if the obligations under the policy of its issuer are at that time the obligations of X as a result of there having been a transfer to X of the whole or any part of a business previously carried on by the issuer.”’.—(Sajid Javid.)
Schedule 34
Treatment of liabilities for inheritance tax purposes
Amendments made: 35, page 424, line 36, leave out ‘subsection (2) or (3)’ and insert ‘subsections (2) to (3A)’.
Amendment 36, page 424, line 38, leave out ‘excluded property’ and insert ‘property mentioned in subsection (1)’.
Amendment 37, page 425, leave out lines 11 to 14 and insert—
‘(3) The liability may be taken into account up to an amount equal to the value of such of the property mentioned in subsection (1) as—
(a) has not been disposed of, and
(b) is no longer excluded property.
(3A) To the extent that any remaining liability is greater than the value of such of the property mentioned in subsection (1) as—
(a) has not been disposed of, and
(b) is still excluded property,
it may be taken into account, but only so far as the remaining liability is not greater than that value for any of the reasons mentioned in subsection (3D).
(3B) Subsection (3C) applies where—
(a) a liability or any part of a liability is attributable to financing (directly or indirectly)—
(i) the acquisition of property that was not excluded property, or
(ii) the maintenance, or an enhancement, of the value of such property, and
(b) the property or part of the property—
(i) has not been disposed of, and
(ii) has become excluded property.
(3C) The liability or (as the case may be) the part may only be taken into account to the extent that it exceeds the value of the property, or the part of the property, that has become excluded property, but only so far as it does not exceed that value for any of the reasons mentioned in subsection (3D).
(3D) The reasons are—’.
Amendment 38, page 425, line 19, leave out ‘excluded’.
Amendment 39, page 425, line 20, leave out ‘subsection (3)(a)’ and insert ‘this section’.
Amendment 40, page 425, line 23, at end insert—
‘“remaining liability” means the liability mentioned in subsection (1) so far as subsections (2) and (3) do not permit it to be taken into account;’.
Amendment 41, page 426, leave out lines 12 to 19.
Amendment 42, page 426, line 37, at end insert—
‘(7A) Subject to subsection (7B), to the extent that a liability is, in accordance with this section, taken to reduce value in determining the value transferred by a chargeable transfer, that liability is not then to be taken into account in determining the value transferred by any subsequent transfer of value by the same transferor.
(7B) Subsection (7A) does not prevent a liability from being taken into account by reason only that the liability has previously been taken into account in determining the amount on which tax is chargeable under section 64.
(7C) For the purposes of subsections (1) to (4) and (7A), references to a transfer of value or chargeable transfer include references to an occasion on which tax is chargeable under Chapter 3 of Part 3 (apart from section 79) and—
(a) references to the value transferred by a transfer of value or chargeable transfer include references to the amount on which tax is then chargeable, and
(b) references to the transferor include references to the trustees of the settlement concerned.’.
Amendment 43, page 426, line 45, after ‘162A(1)’, insert ‘or (3B)’.
Amendment 44, page 427, line 13, after ‘162A(1)’, insert ‘or (3B)’.
Amendment 45, page 427, line 22, after ‘estate’, insert—
‘or from excluded property owned by the person immediately before death’.
Amendment 46, page 427, leave out lines 32 to 34 and insert—
‘(b) securing a tax advantage is not the main purpose, or one of the main purposes, of leaving the liability or part undischarged, and’.
Amendment 47, page 427, line 42, at end insert—
‘( ) Where, by virtue of this section, a liability is not taken into account in determining the value of a person’s estate immediately before death, the liability is also not to be taken into account in determining the extent to which the estate of any spouse or civil partner of the person is increased for the purposes of section 18.’.
Amendment 48, page 427, line 43, leave out from ‘(2)(b)’ to end of line 46.
Amendment 49, page 428, line 9, after ‘162A(1)’, insert ‘or (3B)’.
Amendment 50, page 428, line 19, leave out ‘The’ and insert—
‘(1) Subject to sub-paragraph (2), the’.
Amendment 51, page 428, line 21, at end insert—
‘(2) Section 162B of IHTA 1984 (inserted by paragraph 3) only has effect in relation to liabilities incurred on or after 6 April 2013.
(3) For the purposes of sub-paragraph (2), where a liability is incurred under an agreement—
(a) if the agreement was varied so that the liability could be incurred under it, the liability is to be treated as having been incurred on the date of the variation, and
(b) in any other case, the liability is to be treated as having been incurred on the date the agreement was made.’. —(Sajid Javid.)
New Clause 10
Impact of the Spending Round 2013 on tax revenue
‘The Chancellor shall publish, within six months of Royal Assent, a review of the impact on revenue from rates and measures in this Act, resulting from the Spending Round 2013. He shall place a copy of the Review in the House of Commons Library.’.—(Catherine McKinnell.)
Brought up, and read the First time.
Catherine McKinnell
I beg to move, That the clause be read a Second time.
The Opposition’s new clause 10 challenges the Chancellor to publish, within six months of Royal Assent, a review of the impact of last week’s spending review announcements on tax receipts. Should the Government agree to undertake such a review, as we hope they will, we suspect that its conclusions would be pretty short, given the Chancellor’s comprehensive failure to deliver the economic boost that this country so desperately needs. It was a dead duck of a spending review, and it was even more disappointing, given the context in which it was made. The Chancellor did not want to come to the House to announce a spending review last week, but he was forced to announce a further £11.5 billion of spending cuts in 2015-6. Why? Because his economic plan has utterly and categorically failed.
David T. C. Davies (Monmouth) (Con)
Is the hon. Lady suggesting that the Government should be borrowing even more billions of pounds than is already the case, or that they should make further cuts? If it is the latter, she should not be surprised if she gets some support from the Government side of the House.
Catherine McKinnell
I am pleased to hear the hon. Gentleman suggesting that those on the Government Benches are considering supporting our proposal. I wonder whether he has realised that his Government are borrowing £245 billion more than they planned, because they have failed. Their economic plan has failed—it has failed on living standards, on growth and on getting the deficit down. The Chancellor promised in 2010 that by 2015 he would have balanced the books, yet he is borrowing £245 billion more than he planned—and those books will not get balanced in the time frame that he promised.
Andy Sawford (Corby) (Lab/Co-op)
I support new clause 10 because it is really important to see whether the measures in the spending review will increase tax receipts. My hon. Friend is highlighting the failure over the last three years to get the economy growing and the impact of that on tax receipts. That explains the reality of the further and deeper cuts that the Chancellor promised us we would not have to face.
Catherine McKinnell
I thank my hon. Friend for that interjection, which gets to the crux of the matter. The Chancellor had to come here last week to announce further spending cuts in 2015-16, planning for future failure, because he is failing to deal with the economic reality that we face today. Ultimately, we are tabling this new clause because we hope that the Government will take stock of the situation in which they are leaving households up and down this country. The price of the failure of the Chancellor’s economic plan is not being paid by those at the top. We debated at great length yesterday the fact that the top-earning taxpayers are getting a tax cut from this Government, while it is ordinary families that rely on public services that are paying the price for this economic failure throughout the country.
Andy Sawford
My reading of the new clause is that the review would have to be placed in the House of Commons Library within six months. Is it my hon. Friend’s intention to urge the Government to look at infrastructure spending in the review and, specifically, to include the figures on the impact of cutting capital investment again, year on year, in the spending review and what that does for our economy?
Catherine McKinnell
Indeed, it is very much the hope that the Government will shine this laser focus on measures to boost spending and boost jobs and growth now in order to stimulate the economy, get people into work and get the welfare bill down. We know that that bill is rising as a result of the failure of the Government’s economic plan. They should focus on infrastructure spending, which is not just what we say, but what the IMF says, too.
John Pugh (Southport) (LD)
How does the hon. Lady think she could work out the true implications and effect of the spending review in only three months? Why did she choose three months rather than six months, nine months or one year?
Catherine McKinnell
That is an interesting question because the new clause suggests that the review should be published “within six months”, so I wonder whether the hon. Gentleman has simply misread our new clause. We feel that there is no time to lose, but that six months is a reasonable period to give the Government time to consider the likely impact of the spending round in 2013 on tax receipts. Ultimately, if we are to balance the books and get borrowing down, we are going to have to increase our tax receipts into the Exchequer.
John Pugh
Does the hon. Lady recognise that one of the biggest effects of the spending review will be on local government expenditure, which of course has to be dealt with in the following May—falling outside the six-month period? Some of the greater impact of the spending review will be felt after she has asked the Government to produce the report.
Catherine McKinnell
I am pleased that we have the hon. Gentleman’s support in principle for the fact that the Government need to take stock of the impact of these spending decisions and his acknowledgement of the devastating impact of the cuts to local authority projects, which we have rehearsed many times here, particularly in areas such as the one I represent. We will not see the impact straight away; we will see it in six months, 12 months, 18 months or two years’ time. The Government have imposed cuts without allowing the economy time to grow, create jobs and consolidate the debt in a responsible way, so we will face the consequences of this economic approach for many years to come. I am pleased, as I say, that the hon. Member for Southport (John Pugh) recognises that.
Andy Sawford
My hon. Friend has mentioned local government cuts. According to my reading of the spending review, capital spending in the budget of the Department for Communities and Local Government is to be cut by 35.6%. Could the review take account of that, although it will be some time before we are aware of its full impact on the economy?
Catherine McKinnell
The purpose of the proposed review is to encourage the Government to become laser-focused on the impact of their spending review. My hon. Friend is certainly laser-focused—not just on the impact of the cuts on local authority budgets, but on their impact on jobs and economic growth up and down the country.
Common sense tells us—well, it tells everyone but the Government, it would appear—that boosting growth and living standards this year and next would bring in tax revenues and reduce the scale of the cuts that will be needed in 2015, but nothing in the spending review will boost the economy over the next two years. It seems incredibly complacent and counter-intuitive to come to the House and simply plan for the consequences of economic failure in 2015. We believe that the Chancellor should have used his spending review to concede that he has got it wrong and has failed to secure growth. He should be proposing genuine investment in infrastructure this year.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
My hon. Friend is, again, making a powerful speech. Is it not the case that 1% growth since 2010 would have generated an additional £335 billion in the economy? As a result of this incompetent economic policy, however, the Government are having to come back and ask for more.
Catherine McKinnell
My hon. Friend has made a very good point. I should be interested to hear the Minister’s response to the figures that she has given, and to what she has said about the lost opportunities for growth. Those opportunities, moreover, have not just been lost over the last three years; the Government are planning on the basis of a further two years of lost economic growth, which simply defies common sense. According to the International Monetary Fund, they should be investing in infrastructure this year to boost economic growth and the housing market, and to encourage job creation and increased tax receipts. The Government seem to be ignoring not only what we are saying, but what the IMF is saying.
Mel Stride (Central Devon) (Con)
The hon. Lady has referred several times to the impact of Government policy on jobs. Does she not recognise and welcome the fact that under the present Government there are more people in work than at any other time in our history? We have created more than 1 million private sector jobs—three for every job lost in the public sector.
Catherine McKinnell
I acknowledge what the hon. Gentleman has said, but I do not think that it can be linked to the economic reality—the reality of what households and people are experiencing. Many people are in insecure work, many are on zero-hour contracts, and many are self-employed. People all over the country feel that their living standards are being squeezed to such an extent that they cannot afford to pay for what they need by the end of the week.
Debbie Abrahams
The fact is that the employment rate is lower now than it was in 2008. Absolute numbers mean nothing. The rate is lower now than it was before the recession.
Madam Deputy Speaker (Dawn Primarolo)
Order. The debate is, to put it politely, starting to go a little wide of the new clause. Perhaps we could focus—in a laser fashion!—on new clause 10.
Catherine McKinnell
Thank you, Madam Deputy Speaker, but I think that my hon. Friend has made an important point. What we needed to hear from the Chancellor last week was a plan for economic growth that would boost tax receipts and increase the number of jobs. Ultimately, that is how we can balance the books and reduce the deficit: by getting people into work and reducing their dependence on welfare.
My hon. Friend made a powerful point: the Government should not be so complacent about the unemployment situation in this country, and in particular the long-term unemployment situation.
Catherine McKinnell
Well, I am pleased that the Minister is engaging with the need to review his own Government’s spending plans so they can take stock of precisely how those plans are working to resolve the unemployment situation and the lack of economic growth in this country. If the Minister could provide some reassurance that his Government are focused on reducing the debt, that would be very helpful.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
My hon. Friend was speaking about the spending review’s failure in respect of living standards, and that is crucial. Real wages are set to fall by 2.4% over this Parliament, meaning people will be worse off at the end of the Parliament than they were when this Government came to office. That is the real story: it is a spiral of lower wages, lower living standards and lower tax receipts, and then ultimately more debt, more borrowing and a higher benefits bill. Does my hon. Friend agree that that is the spiral we are in?
Catherine McKinnell
Yes. My hon. Friend makes a powerful point, and it highlights the complacency of this Government. They feel it is a case of “job done” as some jobs have been created in the private sector, but ultimately the reality families are facing is that they cannot afford to pay for heating and buy food and what they need for their children and their families because living standards are being so desperately squeezed.
Mr Gauke
I just want to give the hon. Lady another opportunity to answer the simple question I asked. The position of her party has for some time now been to favour a cut in VAT. We do not support that approach, but does she support it? Does the Labour party still believe that, at this precise moment, VAT should be cut to 17.5%?
Catherine McKinnell
The Government clearly do not support that approach because one of the first things they did when they came to power was increase VAT and the costs for ordinary families up and down the country. We have said all along that we would not have taken those decisions. We would not have chosen to give a tax cut to those on the highest incomes. We would not have slapped a 2.5% charge on poor families who are struggling to make ends meet. We have made that very clear, but the Government have ignored that call. We think the Government should be taking action now to try to stimulate the economy and put some money back into very hard-pressed families’ hands.
Nic Dakin (Scunthorpe) (Lab)
My hon. Friend is stating the case for this new clause very clearly. Does she agree that the increase in VAT took a lot of individuals’ spending power out of the economy and also took out a lot of confidence, and that that is what has led to the decline in growth?
Catherine McKinnell
Yes, it was a huge blow for families across the country to see costs spiral overnight. This Government seem incredibly complacent about the impact their spending decisions have had, not only on families but on economic growth. We need to look at the facts. The Chancellor promised growth of 6% in 2010. He also promised that he had asked the country for all he would ask for and would not come back for more, but there he was last week, planning for more cuts in 2015 and completely failing to recognise both that his economic plan has resulted in 1% growth, not the 6% he promised, and that his increase in VAT was very much a part of the reason for that.
Mel Stride
May I press the hon. Lady for a third time on the question my hon. Friend the Minister has been asking? At this moment in time, given where we are with VAT at 20%, would she advocate, as her party has in the past, that it now be reduced to 17.5%? Also, is her party still in favour of the five-point plan for growth, of which the VAT reduction is but one part?
Catherine McKinnell
It is very strange that Government Members, who are in power and making the spending decisions that are having such an impact on families, are solely obsessed with what Labour would be doing. We are in opposition. The hon. Gentleman can speak to his Minister and implore him to make the necessary changes that will bring economic growth back to this country. That is what the Government need to be focused on. The Chancellor is so obsessed with his own economic failure—a failure to recognise that his plan has completely failed—that the Government simply obsess about and focus on what we would be doing, but we are not in government.
Andy Sawford
I came in to support my hon. Friend in pushing for new clause 10, which focuses on the impact of the spending review on the economy and, in particular, on tax revenue, so I am a little surprised at the nature of the debate. However, would she envisage the review examining the implications of the tax cut for millionaires on the economy over the past few years? Would it examine the impact of giving the richest people in our country a tax cut, as that is an actual policy?
Catherine McKinnell
To be fair, and to stay laser-focused on the new clause, I should say that we hope and envisage that the Government’s review would look at the impact of the spending review they announced last week. We heard more promises of action from the Government last week, but we did not hear about action that will take place next week, next month or even next year. We heard the Government pledging action on infrastructure investment in two years’ time.
That would be bad enough even if the Government had a proud record, or indeed any record at all, on delivering on the infrastructure projects they announced three years ago. As we have heard a few times—it bears repeating because the figures are so shocking—just seven out of 571 so-called “priority” projects identified by the Government in 2011 in their national infrastructure plan have actually been completed; 80% of the projects announced have not even got off the ground. Despite all the hype, if we delve into the figures, we find that the Government are cutting investment in infrastructure in real terms by 1.7% by 2015. Instead of an urgent boost to jobs and growth, which this country is crying out for, by bringing forward long-term investment in infrastructure, as advocated not only by us but by the International Monetary Fund, all we got was a series of empty promises for two years’ time—and some for beyond that—from a Government who lack all credibility on this issue.
Andy Sawford
My hon. Friend rightly talks about how few of the Government’s priority infrastructure projects have begun. Does she hope the review would also examine progress on the Government’s priority school building programme? I understand that there are 261 projects, and I wonder whether she has had time to consider how much progress has been made on them.
Catherine McKinnell
That is another absolute failure in terms of the promises made by this Government that are simply not delivered. I hope that the Government will agree to undertake the review we are calling for today and that the House will, by voting with us, acknowledge that the economic plan the Government have so far pursued is failing and that they need to examine what last week’s spending review will deliver. I hope that there will be a recognition that they promised to rebuild, again as part of a “priority” programme, 261 schools and only one project has begun. It is devastating, not just for the children who need those new schools, but for the communities that need those jobs and the small businesses that need to supply the construction industry, which, as we know, has been brought to its knees by this Government’s failure to invest in infrastructure. Instead of investing in affordable homes, improving transport links and repairing Britain’s broken roads, which would give the country the short, medium and long-term returns that we are looking for, the Government are cutting capital spending in 2015. Announcing infrastructure projects for two years’ time will not create a single job today.
Stephen Doughty
My hon. Friend is making a crucial point about the impact on jobs. I had hoped that the spending review would consider jobs in the construction sector, where 84,000 jobs have been lost since the Tory Government came to power—that is, between the second quarter of 2010 and the first quarter of 2013. That is a shocking figure: 84,000 jobs have been lost when we should have seen 84,000 jobs created in the construction sector.
Catherine McKinnell
My hon. Friend makes his point very powerfully. It is a fact that a number of jobs have been lost in the construction industry that should have been created if the Government were taking not just our advice but that of the IMF and investing in infrastructure projects now. If they did so, tax receipts would improve this year and next year and we would not have to plan for failure in 2015, which is what the Chancellor came here to do last week.
Andy Sawford
My hon. Friend is right when she talks about the implications of the Government’s failure to invest in house building and construction in this country on the revenue from rates. Does she think that the review placed in the Library ought to consider the implications of the lack of receipts from house building in the Government’s vaunted programmes, such as the community infrastructure levy and so on, as well as of the business rates raised from firms in the construction industry? Is scepticism not one reason behind this request for a review? Four major housing announcements have been made in the past three years, and there have been 300 announcements, four launches and no action, and the lowest house building in 2012 for 70 years, so is there not some scepticism behind it?
Catherine McKinnell
My hon. Friend tempts me to suggest a less than honourable motive for our tabling the new clause. I appreciate that there may be some scepticism about the Government’s commitment to investing in infrastructure and growth and that last week’s announcement was simply about planning for more cuts to public services rather than a genuine attempt to try to look for opportunities for growth. It must be said, however, that the spending review, which plans more cuts in 2015 and was accompanied by an infrastructure announcement on Thursday that was mostly reheated—I think my hon. Friend the Member for Nottingham East (Chris Leslie) described it as a “microwave statement” as its announcements had been reheated so many times—failed to impress anybody.
Liberal Democrat Members in particular should be concerned by statements from the Deputy Prime Minister. He has commented that
“the gap between intention, announcement and delivery is quite significant”.
He puts that rather mildly, and I would hope that by supporting our new clause the Government could take stock of the impact mot just of the 2013 spending round they announced last week but of the delay in delivering any of the projects that have already been announced, as well as the delay pursuant to the announcements that have been made for 2015. This is an important opportunity for the Government to take stock and consider why their economic plan has so catastrophically failed. That would mean that rather than planning for failure in 2015, they could take the steps necessary now to bring forward infrastructure investment and put into play the infrastructure investment that has already been announced so that we can start to create jobs and opportunities for communities up and down the country that are suffering from stagnation in the economy.
Mel Stride
The hon. Lady has made the link between infrastructure and its impact on the construction industry and jobs. Does she therefore welcome the recent survey by the ManpowerGroup of more than 2,000 companies in the construction sector, which concluded that we have the best outlook for construction job creation for five years?
Catherine McKinnell
I would welcome any signs of positivity in economic growth from any sector of our economy, especially the construction industry, which has suffered catastrophically from the cuts and stagnation in the economy over the past three years. I would indeed welcome that small piece of good news. It is a step in the right direction, but our amendment calls on the Government to take stock and do more.
Andy Sawford
I think construction is an incredibly important part of the economy, so I think it is right that the hon. Member for Central Devon (Mel Stride) suggests that the review six months after the spending review would look at construction. I hope it would explore the figures that I have seen, suggesting that the volume of new construction orders fell by 10% between quarter 4 of 2012 and quarter 1 of 2013. Construction is going in the wrong direction at the moment, and we need to know from the review whether the measures in the spending review will actually make that worse.
Catherine McKinnell
My hon. Friend makes an important point. Ultimately, it is about what we hear in our communities when talking to businesses about confidence—the confidence to invest, the confidence to take seriously the Government’s commitment to investing in infrastructure and growth. The reality on the ground is deeply worrying. Members of the public will be concerned about the complacent tone that the Government adopt towards the economic situation. The Government are apparently ignoring the fact that they promised 6% growth and delivered only 1%, that they promised 576 infrastructure projects and have delivered only seven, that they promised 261 rebuilt schools and have only put spades in the ground in one. Members of the public will be worried to hear how complacent this Government seem to be. That is why we tabled the new clause—to give the Government the opportunity not just to make the announcement and walk away, hoping that nobody will notice that they are doing nothing about economic stagnation, but to spend some time reflecting on what these announcements will mean in real terms in respect of expected tax receipts.
There is one key Government Department that is capable of increasing tax receipts to the Exchequer, and that is Her Majesty’s Revenue and Customs. Indeed, without the receipts that HMRC collects, there would be no funding to invest in public services. HMRC’s capacity and resources are therefore absolutely critical, and it is widely accepted that it can make a pretty impressive return on investment. Last year, senior HMRC officials brought in £16.7 billion over and above what was returned voluntarily by businesses and individuals.
Andy Sawford
I am very pleased to hear my hon. Friend highlight the important role that HMRC plays in our economy. Whatever the review shows about the implications of the spending review, one of the key aspects is HMRC’s effectiveness in bringing in tax revenue. Will my hon. Friend therefore urge the Government, in this review, which I hope they will support, to look at the implications of underpayment of wages to people, particularly minimum wage avoidance issues? HMRC recently sent a team to my constituency, and found that £100,000 was owing to local workers. There are huge implications for receipts at HMRC.
Catherine McKinnell
My hon. Friend raises a very important point. I have tabled several parliamentary questions to the Minister on that subject, and I look forward to his response outlining what action the Government are taking, alongside HMRC, to ensure that it not only collects tax throughout the country but ensures that employers abide by the national minimum wage legislation to ensure that employees do not fall short despite the fact that they are working. It is imperative that HMRC has the Government’s support and also has the correct resources to ensure that workers are not exploited in the way that my hon. Friend suggests is prevalent in his part of the country and which I have no doubt is a phenomenon that impacts on hard-working people countrywide.
Despite the headlines suggesting that everybody is avoiding tax, we are generally a tax-compliant nation—I believe the current figure is approximately 93%. Of course, it is the 7% for which HMRC needs extra support and resources to get the returns. The Association of Revenue and Customs estimates that a senior tax official earning £50,000 a year can expect to generate additional yield of at least £1.5 million a year—a return 30 times greater than the cost of their salary. That is a good investment, I think most would agree.
Andy Sawford
My hon. Friend’s question to the Government is incredibly important and I hope we hear an answer. Does she share my concern that some of the measures in the spending review will have serious implications for tax collection unless HMRC has sufficient resources? For example, the director of the Institute for Fiscal Studies said of the shares for rights policy that it has “all the hallmarks” of another tax-avoidance opportunity, and Lord Forsyth, the former Conservative Employment Minister, said it
“has all the trappings of something that was thought up by someone in the bath”.—[Official Report, House of Lords, 20 March 2013; Vol. 744, c. 614.]
HMRC will have to be very alive to these issues of tax avoidance.
Catherine McKinnell
My hon. Friend makes an important point. The Bill Committee debated at some length the fact that the Government like to talk the talk on tax avoidance, but have created another tax-avoidance opportunity in the hare-brained shares for rights scheme. I think we all agree with Lord Forsyth.
Mel Stride
The hon. Lady talks about the importance of clamping down on tax avoidance, and the hon. Member for Corby (Andy Sawford) talks about tax avoidance in the context of share transactions. Does she, as I do, condemn the £1.65 million donation to her party by John Mills using precisely that type of scheme—a share donation—as means to “tax efficiently” avoid tax?
Catherine McKinnell
The hon. Gentleman seems to be expressing some consternation about his Chancellor’s new shares for rights scheme. I am not sure I heard him express the same concerns when this House debated and voted on that scheme. He knows that any donations made to the Labour party are made within all the rules on donations, and any tax due on those donations will be paid. I think he can rest assured that that is in hand.
Returning to the point made by my hon. Friend the Member for Corby (Andy Sawford), it is vital that when additional tax avoidance opportunities are created, HMRC has the resources to deal with them, and that it does not take its eye off other aspects of its activity, such as enforcing national minimum wage legislation and general customer service. We know that the National Audit Office report on HMRC’s customer service performance, which was published in December last year, contained some worrying figures on HMRC’s ability to handle customers.
We hope that the review that we are calling on the Government to undertake will look at HMRC’s ability to recover tax receipts and ensure that its customers, many of whom are not customers by choice, get the support they need in order to pay their tax—not just individuals, who are often dealing with tax credits and find that they need support from HMRC, but small businesses that need support in order to pay the right tax. It is not right that individuals and small businesses in particular, but large businesses too, are left struggling to pay the tax that they wish to pay HMRC voluntarily. The Government should be aware that there is a limit to the extent to which HMRC can do more with less, as they are asking of it in the spending review.
Mel Stride
Given the hon. Lady’s response to my previous intervention, I wanted to clarify the issue of John Mills and his donation to the Labour party. Does she accept that his donation is a case of tax avoidance—yes or no? [Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Order. Mr Sawford, I do not need your help in chairing the debate in the Chamber today. I have done enough Finance Bills to know what is in order and what is not in order. The question that has been put is about tax receipts, excluding the reference to individuals, and that is in order.
Catherine McKinnell
It is open to the Government to support our proposed review of spending round 2013 and the impact that that may have on tax receipts. If the hon. Member for Central Devon (Mel Stride) wants to support our motion today and the Government in undertaking such a review, it is open to him to do so. We have not specified exactly what should be included in that review and it is open to the Government to look at whatever avoidance opportunities they consider relevant to ensuring that we protect future tax receipts.
I know from written answers that I have received from HMRC recently that staff numbers were projected to fall from 88,875 in March 2009 to 58,464 by March 2014. Will the Minister provide an update on those figures, and in particular what HMRC’s headcount is expected to be by March 2016, following last week’s spending review and the additional resource reduction flowing from it? It is concerning that despite much-publicised announcements about increased investment in tax avoidance and evasion activity, the number of HMRC staff working in enforcement and compliance was expected to fall from 34,762 in March 2009 to 26,905 in March 2014.
I assume that given the Government’s much-stated commitment to getting tough in this area, the predicted fall in staff numbers is no longer going to happen and that we will see a rise in the number of HMRC staff dedicated to enforcement and compliance work. It would be helpful if the Minister could confirm that for the House and tell us how many HMRC staff will be working in this area between this year and 2015-16.
In conclusion, the Government had the opportunity last week to boost tax receipts by announcing measures that would provide the short and medium-term boost our economy needs while providing a long-term return for the country, yet despite the catastrophic failure of their economic plan to date, the Chancellor came to the House and announced that he would continue ploughing the same infertile furrow he has been on since 2010. He just cannot bring himself to admit that it has gone badly wrong. We believe that conducting the review set out in new clause 10 might just help the Government to take stock and note the error of their ways to date. I therefore urge all Members to support the new clause, not only for the sake of their constituents, but for that of our country’s finances.
John Pugh
I will try to say something positive about new clause 10. It is quite laudable, in a way, because it would link spending to taxation and get us to engage in retrospective analysis, and frankly we do not do enough of that in this place. We talk about policy a great deal, but the long-term effects are often hidden from us. It can be quite counter-intuitive. We had an interesting debate yesterday on the 50% tax rate, the Laffer curve and the effect that such a rate might or might not have. There are plenty of other examples where the effect of taxation needs to be adequately scrutinised. In Committee we debated what tax avoidance measures would do to people’s behaviour, what petrol taxation would do to people’s behaviour and to the revenue we get, what landfill tax would do to councils’ behaviour, and what the video games industry would make of the various changes that will affect it.
My problem with what the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) is saying is that I think Parliament should do what she is suggesting. It seems to me that Parliament does not have enough good, accessible data and that we make no real effort to examine the whole business of tax revenue yields in any systematic, thorough, regular or routine way. When it comes to spending, there is a very similar picture. There is no real scrutiny of spending in this place. The scrutiny we do is not even as good as that which might be found in a local council. We have the big events, such as the announcement of the spending review, but there is no detailed examination of expenditure.
If Members do not believe me, they should come along to estimates day tomorrow and see the examination of estimates that is imposed in this place. The last time we had an estimates day, I was actually ruled out of order by the Deputy Speaker—not you, Madam Deputy Speaker—for talking about the estimates, which was thought improper.
We do not examine the non-controversial, everyday departmental expenditure that goes on from year to year and the errors that occur in it. The Public Accounts Committee does a very good job of looking at the controversial stuff, but there is no rigorous, effective or ongoing examination of expenditure. We do not do enough of that and we do not know enough about what tax policy actually does, how Departments spend and what the profile of a Department is on a day-to-day, month-to-month and year-to-year basis.
Arguably, somebody in the basement of the Treasury knows the spending profile of Departments, but they would probably be unable to give the hon. Lady the answer she wants in three months, and probably not in six months. I think she has to recognise that she is making a hard ask and, in my view, probably a futile one, because if we do not do any real scrutiny of taxation in this place—we scrutinise policy, but certainly not outcomes—beyond headline figures and big grandstanding days such as the announcement of the spending review, then what we are essentially doing with the Government finance is firefighting.
What takes place in this place is not effective financial scrutiny. We do not look at the boring, pedestrian, routine and important spending, which is massive. The new clause asks the Treasury to mark its own work, and I am sure that it would be perfectly happy in some contexts to do so, but what we really need is to get Parliament to do the work and to give us an answer that would satisfy us, including the hon. Lady.
Nic Dakin
It is a pleasure to follow the hon. Member for Southport (John Pugh), who began by underscoring how important it is to have retrospective analysis, which is exactly what the new clause asks for. It is difficult to see how it can be argued against. It says:
“The Chancellor shall publish, within six months of Royal Assent, a review of the impact on revenue from rates and measures in this Act, resulting from the Spending Round 2013.”
That would assist good governance and assist the people out there whom we come here to represent. Indeed, so far the arguments have been supportive, although there has been useful interrogation of the issues as the debate has progressed, which everybody has welcomed.
Nic Dakin
The hon. Gentleman makes a good point. Chancellors sometimes glance back at the effect of their Budgets with rose-tinted glasses instead of seeing the real effects of their economic policies, including the decisions made in 2010, 2011 and 2012.
I congratulate the Government on moving their rhetoric to the right place: suddenly, words such as “growth” and “investment” are as prominent in their lexicon as they always should have been. However, as my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) has pointed out, their promise on infrastructure spending is to spend tomorrow—most of it in 2014, 2015, 2016 and even 2017—rather than now. It is spending decisions taken now that will have an impact on the lives of people today, rather than waiting and hoping for things that may happen at a future date.
Boosting growth and living standards this year and next year would bring in more tax revenues and reduce the scale of the cuts needed in 2015. Taking action now to boost economic growth—by, for example, bringing infrastructure plans forward so that they happen now rather than tomorrow—would make a real difference. That is why the new clause would be helpful: it would test the impact of the spending round on tax receipts and, as my hon. Friend has said, do so in time to make any necessary adjustments to improve not only the economy, but people’s lives and living standards.
The figures revealed by the Government last week showed another cut of 1.7%—or nearly £1 billion—to capital investment in 2015-16. One would not have thought that to be the case on hearing the announcement, but having looked at the plans I know that that is what they reveal. Capital spending is down by 1.7% in education, by 2.3% in defence and by 17.6% in the Home Office. In the Department for Communities and Local Government, including housing, it is down by a massive, staggering 35.6%, and by 57.6% in the Department for Culture, Media and Sport. Those are large figures and we need to know whether their impact on the economy’s behaviour will be beneficial or, as I fear, not.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The coalition has more or less mirrored the capital spending plans of the former Labour Chancellor, the right hon. Member for Edinburgh South West (Mr Darling), so is the hon. Gentleman saying that he was wrong in his allocation of capital spending?
Nic Dakin
If we move away from the rhetoric and look at the facts, we will see that in their first three years this Government have spent £5.6 billion less in capital investment compared with the plans they inherited from Labour. That amounts to a £5.6 billion cut to spending that would have taken place had this Government continued with the plans they inherited from the previous Government. What has happened illustrates the importance to the health of the economy of continuity in large infrastructure projects. It is difficult to get that right between the parties, but we must recognise that there are plans for infrastructure spending so that the tap cannot be turned off easily, as the Government did with the Building Schools for the Future programme. If that programme had been carried forward, it would have assisted economic development, as well as continuing to revolutionise the learning environment of children up and down the land.
In the three months to April 2013, output in the construction industry was 4.7% lower than in the same period a year earlier. Construction output is down by 11.2% since the 2010 spending review. Construction—that energetic sector that drives the economy—continues to struggle. That is why we need to check, three months down the line, the effect on the economy of the decisions that are being made today to ensure that we are moving in the right direction.
The volume of new construction orders fell by 10% between quarter 4 of 2012 and quarter 1 of 2013. That is a massive dip. The number of new orders for infrastructure fell by 49.8% over the same period—the largest fall since 1987. The value of public sector infrastructure orders fell by £2 billion between quarter 4 of 2012 and quarter 1 of 2013. Those are significant contractions of demand in the economy.
That clearly has an impact on jobs. At the end of the day, jobs are what transform people’s lives. There is unanimity about that across the Chamber. The construction sector has lost 84,000 jobs since the Government came to power. That has an impact on the well-being and quality of life of individuals, as well as on the economy and the livelihoods of people beyond the construction industry.
There is much more that I could say, but I will return to the essence of this simple, helpful, concise new clause. I can see no argument for the Government not accepting it. It would help us all if they accepted it gracefully so that we can move forward together in harmony.
Debbie Abrahams
It is always a pleasure to follow my hon. Friend the Member for Scunthorpe (Nic Dakin). I agree with him totally and will speak in support of new clause 10.
The points made by the Institute for Fiscal Studies last week when the comprehensive spending review was published support what we are trying to do with the new clause:
“The documentation and explanation accompanying yesterday’s spending review announcements was woeful”.
It went on to say:
“Publishing such a small amount of information with little explanation is not an exercise in open government.”
That warning says it all. It reflects the Government’s total incompetence on the economy.
Last week’s spending review was further evidence that the Government’s economic policies are failing. They were warned by my right hon. Friend the Member for Morley and Outwood (Ed Balls) that cutting too far and too fast would smother growth, and that is just what has happened. The Chancellor promised that he would deal with the deficit by 2015. That will not happen. He promised that his emergency Budget and his first comprehensive spending review in 2010 would deal with the nation’s finances and put the country on the road to recovery. Again, that has not happened.
Mr Brooks Newmark (Braintree) (Con)
It is interesting to hear the hon. Lady refer to the right hon. Member for Morley and Outwood (Ed Balls). She is critical of our Government’s policy, but does she support increasing the debt? She criticises not bringing down the deficit faster, but if she followed her right hon. Friend’s policy, I am afraid the deficit would be going up, as would the debt.
Debbie Abrahams
I am afraid I totally disagree with the hon. Gentleman, but I thank him for his intervention. Perhaps I could mention that his right hon. Friend the Chancellor said:
“We have already asked the British people for what’s needed.”
He promised that he would not come back asking for more, yet last week we were here again. I hate to draw parallels with Oliver Twist, but it is a little like him coming back for more. In three years, the Chancellor has managed to hollow out the economy. He has not sorted out the City, and he is passing it off as everybody else’s fault, rather than his own.
Mr Newmark
There is a thing called “chutzpah”. Is the hon. Lady saying that her party bears no responsibility whatsoever for the enormous debt legacy and deficit the country was left with? The Government are making progress. More men and women are in work than ever before and the deficit is down by a third. Yes, the debt is not going down as fast as possible—
Madam Deputy Speaker (Dawn Primarolo)
Order. Mr Newmark, this is not an opportunity for you to make a speech; it was an intervention on new clause 10, and we would like it to be relevant.
Debbie Abrahams
On the hon. Gentleman’s final point, there is more to come in my speech: “And there’s more”, I promise—I never did a good impersonation of Frank Carson. On employment, however, the hon. Gentleman is wrong. Employment is lower than in 2008 and I will come on to that—those are official statistics, so he cannot refute them. At the end of 2010, our economy was growing, yet we have been bumbling along the bottom for three years. We had a double-dip recession and barely escaped a triple-dip recession. Growth has been downgraded at every turn.
Debbie Abrahams
No, I will not give way now, as I want to carry on with my argument. There may be an opportunity later.
Amazingly, just a few months after the Chancellor delivered his autumn statement, he had to halve his estimates for growth this year. We will be borrowing £245 billion more than planned since 2010, and as we have heard, the deficit will not be eradicated as the Government promised in 2010. In spite of being told how important austerity was for economic confidence and low interest rates, the triple A rating has been downgraded by not one but two credit rating agencies. The Government tried to blame everybody except themselves and said that austerity was the only way, only to receive an embarrassing rebuke from the chairman of the Office for Budget Responsibility who said that public spending cuts wiped 1.4% off growth last year. The International Monetary Fund followed suit shortly afterwards.
Should anyone wish to know how we relate to the rest of the world, we come 18th in the G20, due to our appalling economic performance. Even after the IMF revised its multiplier, the Chancellor remains steadfast. I could go on—[Interruption.] I am tempted. Our rate of inflation is way above the Bank of England’s 2% target. Employment is lower now than in 2008 and one in 10 people are underemployed. Whatever economic indicator we use, the Government are failing. By all accounts, the public are now starting to see that. Earnings are falling in real terms by 2%, and a recent poll showed that four out of five people feel that austerity is not working. As we have heard, the Chancellor is resolute and sticking fast. The Chancellor and the Prime Minister have also tried to pass this off as everybody else’s fault, but we need to examine the arguments put forward to explain why we are in this mess.
The previous Labour Government have been blamed, but that ignores the fact that this was a global financial crisis. We should remember that at the time the Chancellor and the Prime Minister failed to suggest that our financial institutions required more regulation. The Chancellor has tried to suggest that it is a public spending issue, but public spending as a percentage of GDP was 36.5% in 2007, compared to 42.5% in 1997. In other words, the Labour Government did repair the roof when the sun was shining. We brought down the deficit when we were in power, and it is outrageous to suggest anything else. After injecting funds into our banks, public spending rose to 60% of GDP, but the City’s debt was 245% of GDP. For this Government to pass the crisis off as a sovereign debt problem is absolutely outrageous. This was a problem in our financial institutions that they said nothing about when they were in opposition. They are still failing to grapple with this major issue. They have not managed to improve it.
The Government are trying to distract attention away from our financial institutions and blame what they refer to as shirkers and scroungers. Their attack on the social security budget is outrageous. We must not forget that 43% of social security is paid to older people through old age pensions. This attack is on our pensioners, and that is disgraceful. Growth of just 1% a year since 2010 would have generated £335 billion more. If growth had been 2% a year, that figure would have been £551 billion. Many economists have said that the lack of growth as a result of the failure of economic policy may not be recoverable.
On the areas taking the biggest hits in the spending review—I have just alluded to the Department for Work and Pensions—we must not forget local government. What will the cuts hit? They will hit our social care budget—the budget for the most vulnerable in our society. That is outrageous. Although the NHS budget has been protected, the Institute for Fiscal Studies predicts that job losses are likely to continue. We have already seen 300,000 people lose their jobs in the public sector. It is estimated that another 300,000 will lose their jobs in the next two years. The indirect effect of cuts to work and pensions, local government and the NHS will be to hit our pensioners and increase the number of children growing up in poverty, which will affect the rest of their lives, to more than 1.1 million. We are also seeing, for the first time in decades, life expectancy coming down in certain areas. I could go on, but I will finish there.
Mr Gauke
New clause 10 asks for a review of the impact on tax revenues of the measures set out in the 2013 spending review. I note that the Labour party again seems to be interested in discussing matters that are not in the Bill as such. Rather than discussing the Bill, Labour Members want to discuss the spending review—although given how the spending review went for the Opposition, they might have done better to spend last week debating the Finance Bill.
Let me explain briefly why new clause 10 is unnecessary. The House will be aware that in 2010 this Government created the Office for Budget Responsibility in order to ensure that the impact of Government policies is independently scrutinised. The OBR routinely publishes economic and fiscal outlooks, which provide a transparent and independent assessment of the impact of Government policy on the public finances, including receipts, and the economy. The impact of the policies announced in the 2013 spending round will be reflected in the OBR’s autumn forecast, which will be published alongside the autumn statement, so there is no need for a parallel review, which is what new clause 10 would involve.
We have had an interesting debate about the measures in the spending review. At times I have been somewhat confused about the Opposition’s position. I had understood that they accepted the spending review envelope, although it certainly did not sound like it from what the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) said. She described local government spending cuts as “devastating”, so we assume that she opposes that measure. She was not quite clear about where further cuts would be made to compensate for that, but no doubt she will enlighten us in future.
We also heard the Opposition make the argument that we should take steps to boost growth now, rather than focusing on 2015-16. That was not an endorsement of changes such as planning deregulation, which can help growth, or a more competitive tax system. Indeed, we have tried to work out exactly what Labour believes in this area, but it was not clear. We have consistently heard about a five-point plan from the Opposition, including a cut in VAT, which was the flagship of that plan. On three occasions the hon. Lady was asked whether Labour still favoured a temporary cut in VAT under the current circumstances; on three occasions that question was evaded. I will happily give her the opportunity to intervene now if she wants to provide an answer. Do the Opposition believe in cutting VAT now? [Interruption.] She is not going to answer that question. I think we have seen the abandonment of the five-point plan—
Andy Sawford
One of the frustrations for my constituents is hearing the Government give highly political answers when they are being held to account. New clause 10 is important because it seeks to look at the impact of the measures in this spending round. The Minister says it is unnecessary, but if he looks at the contrast between the OBR forecast at the time of the 2010 spending review and real growth in the economy, he will see that it was wide of the mark and that our economy has been flatlining for the last three years. That is why we need to know the real implications.
Mr Gauke
If the hon. Gentleman accepts the OBR numbers, he really ought to accept the OBR analysis of why what he describes has not happened.
However, let me not go into that. Rather, let me turn to what appears to be the panacea coming from the Opposition, which is to say that we should borrow more in order to invest in capital infrastructure. It ignores the fact that the Darling plan—Labour’s plan to address the deficit partially—involved substantial cuts in capital spending. It also ignores the comments made by the right hon. Member for Edinburgh South West (Mr Darling) about some of the challenges of using infrastructure for pump-priming purposes. The argument also ignores the fact that we will be spending more on capital infrastructure as a proportion of GDP in this decade, a period of austerity, than in the previous decade, when the Government were throwing money around. It also ignores the measures that we have set out for delivering the biggest programme of road investment since the 1970s, for updating our rail networks, for securing our energy infrastructure, for investing more in science and innovation, for building new homes and schools, for establishing the single local growth fund, for expanding digital coverage and for investing in our flood defences.
Catherine McKinnell
I was hoping to leave the Minister time to respond to some of the serious concerns that we have raised, but this complete fantasy-land account of the Government’s record on infrastructure investment has prompted me to jump to my feet. Will he confirm that his Government are investing less in infrastructure than was proposed under the Darling plan? They are investing 1.7% less in real terms over the course of this Parliament, and again in 2015-16. They are also borrowing more.
Mr Gauke
It is clear that the balance of our plan has focused much more on current spending, as compared with capital spending, than did the plans that we inherited.
I want to turn to the issue of HMRC, which the hon. Lady rightly raised. I can assure her that, as a consequence of the measures we are taking, HMRC’s yield is going up compared with what we inherited. By 2015-16, yield will have increased by approximately 70%, which represents a staggering increase in the performance of HMRC under this Government. Yes, staff numbers are falling but, when it comes to enforcement and compliance, staff numbers will be higher in 2015-16 than they were under the previous Government. We should not always focus on inputs; we should focus on outputs. The record on outputs is very good. If the hon. Lady wants to focus on inputs, however, she should be aware that the record of the previous Government involved the number of staff working in enforcement and compliance falling by 10,000. Under this Government, that number will be increasing.
I have run out of time, but I believe that the spending review is evidence of a Government who are prepared to take the difficult decisions that we need, and a Government who have economic credibility. The contrast with Labour could not be greater.
Question put, That the clause be read a Second time.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
I beg to move amendment 57, page 15, line 16, at end insert—
‘(2) Notwithstanding the provisions of paragraph 13 of Schedule 18, that Schedule shall come into force after the Chancellor has conducted, and placed in the House of Commons Library, a review of the operation of the interaction of REITs with the Housing Market. The Review shall consider—
(a) tax measures in place to support house building; and
(b) what steps HM Government have taken to support house building.’.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss Government amendments 30 to 34.
Cathy Jamieson
I am tempted to start by saying that I am sure this is the part of this afternoon’s proceedings that everyone has been waiting for, and that there is much excitement about the prospect of talking about real estate investment trusts, and that many Members will want to contribute on this very important issue.
Amendment 57 is another amendment that I have regularly described as very mild-mannered. It proposes that the Government must ensure that the impact of their policy is examined and reported on, and that all Members are subsequently able to access information on its impact from the House of Commons Library. In this amendment, we are asking for that information to be examined and made available before schedule 18 is implemented.
The amendment also asks that the Government conduct a review of the interaction of real estate investment trusts with the housing market and that the Government consider in particular measures that are in place to support house building and what measures they have taken to support house building. I suspect that the Minister may well say this is not necessary because everything is always kept under review so far as the Government are concerned, but he will be aware—because he has heard me say this before both in Committee and on the Floor of the House—that I think Governments always tend to say things are under review, but there is a great difference between something that sits on a shelf that may be dusted down and had a look at if someone asks a parliamentary question or writes to a Minister, and something that is a proactive review, whereby policy is examined and modelling work is done and different facts and figures are placed in the House of Commons Library so that we can all benefit from that information. That is really why we have tabled this amendment now. I keep making this plea to the Minister to take up, at least once, the opportunity to look more favourably on such reviews.
In last year’s Finance Bill Committee and once again this year, we have had important discussions about real estate investment trusts, or REITS. For hon. Members who have not followed the Committee musings over the two years or had the opportunity to read in Hansard the record of the excellent contribution from my hon. Friend the Member for Nottingham East (Chris Leslie), who said just a few words about REITs during those deliberations, I shall outline briefly what this is about and why our amendment is so important.
REITs are securities that sell like a share on stock exchanges and invest in real estate directly, either through properties or mortgages. As of September 2012, 34 nations had REIT-like regimes in place. REITs are tax-advantaged vehicles set up to encourage investment in the property sector. I will, of course, be developing that theme, and people may wish to consider my comments in the light of the need for the review. REITs are exempt from corporation tax on profits and gains arising from their property rental business as long as profits are distributed. In that way, taxation of income from property is moved from the corporate level to the investor level. REITs have been given tax advantages to encourage diverse investment in the property sector, where fellow investors can have a different tax status.
We seek to amend a simple, one-line clause introducing schedule 18, which of course contains considerable detail. I am sure the Minister will speak to the Government amendments in some detail in due course, but these provisions would allow UK REIT income derived from investing in other UK REITs to be treated as income of its tax-exempt property rental business. Until now, REITs have predominantly invested in commercial properties—for example, office and retail properties. We had lengthy discussions about that when debating a previous financial Bill. According to Treasury consultation documents published in April 2012, there are more than 20 UK REITs, with a market capitalisation of more than £20 billion, so this is obviously an important issue.
As I said, the Committee discussed in detail why it is important to reform the REIT regime. We did not oppose clause 38 in Committee and we are not seeking to do so now; we are simply seeking this review and reporting back. My hon. Friend the Member for Nottingham East recognised that REITs are important investment vehicles that have changed the investment scene relating to property and those financial instruments. He spoke about that in Committee, also acknowledging that the Government appeared to be proposing relatively sensible pieces of housekeeping on the cash flow and investment profiles of the REITs. He further acknowledged the argument that REITs could make better returns on such cash if they were allowed to invest short term in other REITs. That was seen as promoting greater liquidity in the property market and potentially attracting additional investment income, particularly into the built environment. However, at that time my hon. Friend also raised a number of specific points with the Minister. For example, he asked what the policy’s effect would be on revenues to the Exchequer. He probed further the broader impact on tax treatments and also sought to discover whether HMRC had done any modelling on how the arrangement might affect yields.
My hon. Friend was interested in what the REIT vehicles are investing in and in how they are linked to commercial property arrangements and the circumstances in which residential property REITs exist. In Committee, he also sought further information from the Minister on the impact of REIT arrangements on the residential property market and its prices, given that there has been some concern in various quarters about the Government perhaps looking more at the demand side of the housing market equation than at the supply side.
I shall say a little more about the housing market later, but in Committee my hon. Friend specifically pressed the Minister on whether the Treasury had analysed the general impact of REITs on property prices in the residential sector and whether there was any overlap between the Help to Buy arrangements and investment in REITs.
The Committee also heard during that debate that although the Government originally consulted on the idea of using REITs as a vehicle to support social housing investment, they decided not to take that forward. There was no REIT vehicle arrangement to help with what the Opposition believe to be the priority—that is, of course, dealing with the need for social housing and affordable housing. I shall say something further about that in due course.
To be fair to the Minister, he advised the Committee that only 15 written responses to the Government’s consultation were received and that there was consensus that amending the tax treatment of REITs would generate positive benefits for the industry and his Government’s wider objectives, as he saw them.
In response to the questions from my hon. Friend, the Minister referred to the tax information and impact note that, as he pointed out, states that
“the provision will have a negligible impact on the Exchequer”.
He went on to explain:
“It removes a barrier that has prevented REITs from investing in REITs, which has generally not happened because it has been an inefficient structure. As a result, the cost of the change to the Exchequer will be negligible.”
That is all fair and proper, but his response to the question on the impact on house prices was perhaps less definitive. At that stage, the Minister suggested that the Government could not
“yet assess the impact on house prices as there are not yet any substantial residential REITs on the market, so the answer is that they have not had an impact on house prices.” ––[Official Report, Finance Public Bill Committee, 4 June 2013; c. 318-19.]
Although I can see the logic in that argument—it comes from a factual perspective—my hon. Friend was probing a question on which I invite the Minister to say more today. Has the Minister considered whether he would use some of the extensive resources at his disposal to do some further modelling work, not just to consider what is happening now but to make projections for the future? That would give us some idea of the advantages and disadvantages of the proposal, particularly as regards the impact on house prices, and would allow us to identify the concerns and, if any were identified, to see how they could be mitigated. That was what my hon. Friend was seeking and is part of the reason why we have tabled the amendment once again.
Stephen McPartland (Stevenage) (Con)
Does the hon. Lady accept that there are some success stories? In my constituency, for example, the Government are giving almost £2 million for a purpose-built homeless shelter, which will serve a large part of Hertfordshire, and we have provided the funds to build the first council houses in Stevenage in 30 years. As for infrastructure, my local hospital redevelopment is part of a £150 million hospital rebuilding scheme, and a section of the A1M is being widened. It is not all as bad as the hon. Lady makes out.
Cathy Jamieson
I appreciate what the hon. Gentleman says, and I am sure his constituents will appreciate the fact that he has raised the matter in the Chamber today. The people who make use of that homeless shelter no doubt welcome the fact that it is there for them but, with respect, that does not get away from the wider need to ensure that we have good quality, affordable housing right across the country. Although his constituents may be benefiting at present, sadly I see in the places that I visit and right across the country that there are areas where that level of investment is not happening. People are finding their living standards squeezed and they are finding it extremely difficult not only to balance their own household budgets, but to plan for the future.
The hon. Gentleman’s intervention leads me neatly on to the subject of house building, although I suspect that that is not what he intended to do. None the less, it gives me the opportunity to move seamlessly into that part of my speech. The Government have had four major housing launches in three years and they have made more than 300 announcements on housing. Some areas would have welcomed 300 houses, never mind 300 announcements. We know, notwithstanding the hon. Gentleman’s comments, that house building is at its lowest level since the 1920s, and research by the House of Commons Library confirms that no peacetime Government since the 1920s have presided over fewer housing completions than this Government have in the past two years. So for all the launches and all the statements, are things going to get any better on this Government’s watch? That is a question that the Minister has to answer.
John Mann (Bassetlaw) (Lab)
Is my hon. Friend aware that of even that paltry number of housing finishes, the Labour Government were responsible for many of them? For example, the Strata Homes development in Retford in my constituency was started under the Labour Government only because of a capital grant given to get it going, and given as a present to this lousy coalition.
Cathy Jamieson
I could not have put it better myself. My hon. Friend speaks with great passion and I know that he always seeks to do the best for his area, but he makes important points that the Government would do well to take into account.
Is the situation going to get better? From what we know already, it is getting worse rather than better. Housing starts fell by 11% in 2012 to below 100,000. The construction sector has been hit particularly hard by the Government’s policies, which are hurting rather than helping. An estimated 80,000 construction workers are out of work and there has been an estimated 8.2% fall in construction output, despite recent signs of the beginning of change. Even in respect of home ownership, which one imagines this Government of all Governments would advocate, there are 136,000 fewer home owners than when the Government came to power. Home ownership has fallen from 67.4% to 65.3%. Crucially, on affordable homes, the official figures from the Homes and Communities Agency show that the number of affordable housing starts collapsed in 2011-12 by 68%.
I referred earlier to my own experiences when I worked on a homelessness project while I was a student in London back in 1979, which was one of the reasons that I got involved in politics in the first place. It is appalling that homelessness and rough sleeping are up by a third since the election. The Government must take responsibility for some of these awful situations.
The number of families with children and pregnant women being housed in bed-and-breakfast accommodation for six weeks or more has risen by more than 800% since the coalition Government came to power. A staggering 125 councils have had to house families in B and Bs for six weeks or more. [Interruption.] My hon. Friend the Member for Bassetlaw (John Mann) is right: it is a waste of taxpayers’ money. It is not only a waste of money, which is important, but a human tragedy for the families living in those conditions. I ask hon. Members to pause for a moment and reflect on how they would cope if life events meant they had to live like that. What if they were uprooted from somewhere they had been staying and had to pack up their belongings? What if they found themselves, perhaps with children, having to live for an extended period in one room in bed-and-breakfast accommodation, with nowhere to keep their belongings, nowhere to call home, and nowhere to do all the things that we take for granted with our own families?
Graham Jones (Hyndburn) (Lab)
Does my hon. Friend also accept that the heat map for the new homes bonus is completely unfair, because it affects the ability of local authorities to spend on other projects such as house renovations, rather than new build? It is a Treasury policy that is not working.
Cathy Jamieson
My hon. Friend makes an important point. New build is of course important, but so too is bringing existing dwellings up to modern standards and ensuring that families have decent accommodation. That is a useful point to which I hope the Minister can respond.
Given that the National Audit Office report was so damning, by no stretch of the imagination could the new homes bonus be called a success. If we couple that with the rest of the record I have described, we might even call it unforgiveable.
Then there is the Help to Buy scheme, which the Treasury Committee dubbed a “work in progress”. It took us some time to get any real answers from the Minister when we probed how the scheme would work in practice. The Opposition desperately want to help first-time buyers, but the Government are making the crisis worse. As I have said, affordable house building is down. Indeed, many commentators, including those the Government might well have assumed would be on their side, are concerned that the scheme is pricing people out of the market. The Government need to take action on the supply side by building more affordable homes, just as the International Monetary Fund has been arguing. I wonder whether the Minister agreed with the IMF when it said:
“There is a risk that, in the absence of an adequate supply response, the result would ultimately be mostly house price increases that would work against the aim of boosting access to housing.”
Let us take a look at how well the affordable rent programme has worked. Labour invested £8.4 billion in the three years from 2008 to 2011, while the Tories will invest just £4.5 billion in the four years from 2011 to 2015. The Government have cut the budget for new affordable homes by 60%. No doubt they will try to argue that they are getting more for less and that this is all about lean Government, but that is not borne out in reality. Affordable housing starts have collapsed—not stalled, not flatlined, but collapsed. The Government like to claim that they are going to deliver 170,000 affordable homes by 2015, but the NAO report confirms that despite the relentless spin, over 70,000 of those were commissioned by the previous Labour Government.
Sheila Gilmore (Edinburgh East) (Lab)
If it is about getting more for less, the result will be to push up rents, so these so-called affordable homes will not be affordable. That, in turn, will push up the cost of housing benefit, which will undermine many of the other claims the Government are making on reducing the housing benefit bill.
Cathy Jamieson
My hon. Friend makes an important point. She spent a long period working on housing issues in Scotland and taking forward a number of very positive policies in her previous life at Edinburgh city council, so I always listen carefully to what she has to say, and I hope that the Minister does the same. We have to ensure that policies have no unintended consequences. That is why, in this very mild-mannered amendment, we are suggesting a review to look more broadly at the impact of these policies as regards taxation and the Government’s record on housing, to produce information, and to put it in the House of Commons Library so that we can all be aware of it in looking to the future.
This Government appear to care more about spin than substance. Even with a record that shows they have failed on issue after issue, there is more, because their failure to deliver also extends to the NewBuy scheme. So far, 12 months in, the scheme has delivered fewer than 2.5% of the promised 100,000 mortgages. At this rate, they will not meet their target until 2058. In September last year, the Government announced £10 billion-worth of housing guarantees that were due to open for bids in April 2013. However, as the Financial Times reported recently, the plans are in disarray because no financial group has come forward to run the scheme.
On right to buy, the Government extended the discounts, promising one-for-one replacement. Notwithstanding the rhetoric, the reality is that since the extension of right to buy, 3,495 homes have been sold but just 384 homes have started to be built or have been acquired as replacement stock.
Graham Jones
My hon. Friend raises an important point. People were promised that there would be one-for-one replacement in social housing. The fact that it was not like-for-like replacement was another folly in the Government’s policy. It should be put on the record that it is not one for one but one for nine, and that is a tragedy.
Cathy Jamieson
My hon. Friend puts his point powerfully on the record. His phrase, one for nine, will perhaps hit home more vividly than my expressing it as 3,495 homes sold but just 384 starting to be built. It is also right to say that those houses that are being built should meet the needs of people who are seeking either to get their first home or to move.
I do not want to spend too much time on the bedroom tax, but it is sad that the Government constantly say that people are living in homes that are far too big for their needs. I know from my own area and the work I did before coming to this place that many people who live in such housing are rooted in their local community. They do not want to move to another town, village or even another street. If homes of a decent standard that met their needs were available in their area, perhaps they would be prepared to move in order to free up some of the larger family houses.
John Mann
Does my hon. Friend agree that if we built environmentally friendly, small, local authority bungalows with a little bit of garden, like we used to, many people would queue up to move into them? If only the Government would get their act together and provide the funding to build them.
Cathy Jamieson
My hon. Friend makes another very good point. I know of areas where elderly people would welcome such an opportunity. Indeed, I know of some elderly people who have been persuaded, because they felt it was the right thing to do, to move into good-quality housing where everything is on the flat and they have a small garden, a common area and locally provided services. It is also important that such housing is environmentally friendly and has affordable heating and rent.
Graham Jones
Elderly accommodation is a chronic problem in my constituency and other areas. Does my hon. Friend know whether the Government, as part of their housing strategy, have undertaken any assessment that has identified the need for accommodation for the elderly?
Cathy Jamieson
I cannot answer for the Government, but I would have thought that any Government reflecting on the needs of citizens throughout the country—particularly given the number of elderly people in our communities and the fact that people are living longer—would want to undertake a proper and thorough assessment of future needs and that its projections would be translated into a comprehensive housing plan for the future. If such a plan is in place, I am sure the Minister will enlighten us on it before the end of this debate.
This is about people’s homes, but Government Members seem to think that it is about the number of bedrooms and do not really understand the emotional link that people have to the home that they may have been born and brought up in, that they may have raised their family in, or that they may be set to retire in in their later years. Surely any compassionate society should take that into consideration. We should also take every possible step to ensure that people do not become homeless; we must not let that become another scandal.
I will finish soon because others wish to speak on this important issue. Ministers promised last summer that the Government were on course to smash their ambition to release enough land for 102,000 homes, but they have now conceded that they are only a third of the way towards that target. I will not give into the temptation to go back over every Government failure, but they have missed target after target. After all the warm words, hot air and relaunches, it is clear that this Government are making the housing crisis worse, not better.
People who are out in the cold looking for their first home, looking to move, or looking for somewhere to live out their later years in comfort without having to worry whether it is affordable might look back at Labour’s record. There were 2 million more homes under Labour and we built 500,000 affordable homes. A million more families were able to buy their own homes, housing standards improved and homelessness fell by 70%.
Graham Jones
My hon. Friend has made some valuable points in what is an excellent speech. Does she agree that the Government and certainly the Treasury ought to consider in the review what impact a VAT cut would have on the construction industry and on the renovation and refurbishment of properties? That should be part of the review because half the country is being left behind.
Mr Deputy Speaker (Mr Lindsay Hoyle)
I do not think that we need to worry about that. We should stick to the amendment.
Cathy Jamieson
Thank you for that guidance, Mr Deputy Speaker. I had feared that the Exchequer Secretary would jump up and ask a supplementary question about the Opposition’s position on cutting VAT.
Cathy Jamieson
I suspect that the hon. Gentleman wants to stray into the territory where Mr Deputy Speaker has suggested we do not go. Suffice it to say that my hon. Friend the Member for Hyndburn (Graham Jones) makes yet another suggestion that the Minister would do well to consider as part of the wider review. I look forward to hearing his response.
Jack Dromey (Birmingham, Erdington) (Lab)
My hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson), in her powerful speech, pointed to the biggest housing crisis in a generation that is gripping our country. House building is down to the lowest level since the 1920s. Homelessness is up by 30% since the general election, after it fell by 70% under the Labour Government. We have a mortgage market in which millions struggle to get mortgages and a private rented sector with 8.6 million tenants, or 1.1 million families. There are many good landlords, but many bad ones too. There are chronic problems of security, stability, affordability and quality. One in three homes in the private rented sector does not meet the decent homes standard.
Like my hon. Friend, my interest in housing goes back a long way. When I was a lay trade union activist, I was also secretary of the Tenants and Residents Federation. I was a founding member of the Housing Action campaign. For older Members of the House who remember the occupation of Centre Point, I was proud to be one of those who organised what was an effective demonstration against office block speculation, against the background of rapidly rising homelessness and bad housing. I never thought that we would be back here 30 years later debating a crisis worse than that one.
Jack Dromey
There was an office block speculator called Harry Hyams. Those were the days when people could build office blocks and not pay rent on them, and they would appreciate two or three times in value every year. That happened against the background of a chronic housing crisis. We rightly protested against that and the incoming Labour Government rightly changed the law for—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are trying to deal with an amendment. Going down memory lane is all very well, Centre Point is very interesting and Mr Mann will always have a response, but I know that Members are desperate to get back to the amendment.
Jack Dromey
You are right, of course, Mr Deputy Speaker.
We are here to stand up for the people we represent, and we all see the impact of the housing crisis in our constituencies. I see the impact in the shortage of homes being built in Erdington—56 certified by the National House-Building Council in 2012—and the building worker, one of 79,000, who lost his job, a big man who burst into tears on his front doorstep in Marsh lane and said, “I’ve lost my job three times; I am desperate to provide for my family. I simply can’t cope any longer.” I also see the impact on the homeless families who come to my surgery—on one occasion, they had just been evicted—desperate for a decent home, and the young people in the Orchard project run by the YMCA in my constituency, where numbers of young homeless people double every year.
Mr Newmark
Is the hon. Gentleman aware that homelessness today is at its lowest for the past 30 years? It has been lower in only three of the past 27 years. It has been bad, but homelessness today is the lowest it has been for 27 out of 30 years.
Jack Dromey
I prefer to rely on statistics from the hon. Gentleman’s Government: homelessness has risen by 30% since the general election.
A teacher and a firefighter in their 20s came up to me on Erdington high street and poured their hearts out about how they are desperate to buy their own home but simply cannot get a mortgage. Evidence from Shelter has shown that typically, couples in their 20s will have to save for 11, 12, 13 or 15 years to afford a deposit. Extraordinary statistics show that the number of people between 25 and 34 who own their own home has fallen from 2 million to 1.3 million, and census figures showed that for the first time since the 1950s home ownership has fallen in our country.
I have seen the problems in the private rented sector in my constituency, such as the lady in Streetly road who had to be rescued by the council’s private tenancy team from a premises for which she was being charged a fortune in rent, but which was deeply dangerous because of faulty electrical wiring.
Ian Mearns (Gateshead) (Lab)
My hon. Friend makes a powerful point. One sad thing that I reflect on is that a lot of property in the private rented sector is in grossly bad condition, yet the rent is paid by the taxpayer through housing benefit. I do not for the life of me see why we do not have better regulation of the private rented sector when a vast amount of public money goes into that market through housing benefit.
Jack Dromey
My hon. Friend is right. We call it protection for good tenants and landlords alike; the Government call it red tape and have rejected every move since 2010 to regulate the private rented sector more effectively. No Government have done enough in our lifetime, but my hon. Friend the Member for Kilmarnock and Loudoun was right: I will compare favourably anytime the record of our Government to the current Government.
Mr Newmark
I hate to throw facts at the hon. Gentleman, but 421,000 social homes were lost under the previous Labour Government. This Government are building 170,000 homes by 2015. This Government’s record is far better than that of the past 13 years under the previous Government.
Jack Dromey
Let me spell out the facts: 2 million new homes; 1 million more mortgage holders; half a million more affordable homes; and 1.6 million social homes brought up to a decent homes standard after our Government inherited a £19 billion backlog in housing repairs. In the 1980s, the hon. Gentleman’s Government stood back and allowed a tidal wave of mortgage repossessions. In 2008, we took action to keep people in their homes and, through the kick-start programme, sustained the building industry against collapse and got Britain building again. I will compare that record favourably anytime to the miserable track record of failure of the hon. Gentleman’s Government.
Sheila Gilmore
Does my hon. Friend share my perplexity about the figure for the amount of homes lost that Government Members have come up with in recent debates on housing? If social homes are lost, they are lost through the right to buy. The Government have decided to increase the size of discounts and further encourage the right to buy, so they will probably lose more social homes than they build. We cannot compare net figures with gross figures.
Jack Dromey
Indeed, when the former Housing Minister, the right hon. Member for Welwyn Hatfield (Grant Shapps)—a man who gives hubris a bad name—launched the new enhanced right-to-buy campaign, he said that there would be one-for-one replacement. One for nine is what is happening. In addition, as freedom of information requests have just shown, Labour councils are building council homes at twice the rate of Conservative and Liberal Democrat councils.
Ian Mearns
Another explanation for the loss of units under the previous Government is that, because they were investing in upgrading homes through the decent homes standard, some homes, particularly in high-rise blocks, were too expensive on a unit cost basis to improve. It was costly, but they had to be demolished. We lost units because we were trying to improve the overall stock.
Jack Dromey
My hon. Friend is right: tough decisions had to be made. All of us in our constituencies have seen the benefits of that decision to invest in the decent homes programme: it has transformed the lives of millions of tenants.
Why have the Government made these mistakes? They started with the catastrophic error of judgment of cutting £4 billion in affordable housing investment in 2010, which led to a 68% collapse in affordable house building. What we have had subsequently are a succession of false dawns: four “get Britain building” launches, 300 separate initiatives and thousands of press statements. I once said of the former Housing Minister that if we had a home for every press statement that he issued we would not have a housing crisis.
My hon. Friend the Member for Kilmarnock and Loudoun looked at the track record: NewBuy was to produce 100,000 homes, but thus far there have been 2,500. When the Minister comes to respond on NewBuy, he might care to refer to the recent Help to Buy announcement, when the Prime Minister ruled out, from the Dispatch Box, any question of its being used to buy second homes. I tabled a written question:
“To Mr Chancellor of the Exchequer…with which organisations or companies (a) he and (b) other Ministers in his Department have met to discuss the mechanism that will be put in place to stop people using the Help to Buy Mortgage Guarantee Scheme to purchase a second home.”
In answer, I was told that
“Treasury Ministers have met with a number of companies in the mortgage industry to discuss a wide number of issues, such as the Help to Buy mortgage guarantee scheme, including through the Home Finance Forum.”—[Official Report, 1 July 2013; Vol. 565, c. 408W.]
Has a mechanism been agreed?
Graham Jones
My hon. Friend makes a valid point regarding going from First Buy to homebuy to Help to Buy. When the Government talk about affordable housing, is there any explanation of why the upper limit in the previous schemes of £280,000 was increased to £600,000 in the current scheme? How does that qualify as affordable housing, and how does it help people who are struggling? That is surely redirecting money at people who could afford a more modest property.
Jack Dromey
Those of us on the Opposition Benches stand for homes for all; the Government stand for homes for the better-off.
Another example of hype was what the £10 billion guarantee scheme would deliver, including in investment in the private rented sector. However, the Government have failed to get anyone to run the scheme for them. Another example—there are endless examples—is self-build. The former Housing Minister said in opposition that the Conservatives would oversee a housing “revolution” led by self-build. He said they would have an action plan in government to double self-build homes. He introduced that action plan in 2010. He then tried to conceal whether it had worked, but ultimately the Information Commissioner forced his hand. We now know that self-build has fallen under this Government, not increased.
Jack Dromey
We have been strong supporters of self-build. The Government have promised a great deal on self-build, but done pitifully little. The figures speak for themselves: a decline in self-build under a Conservative-led Government, compared with what happened under a Labour Government.
The simple reality is that we have seen catastrophic mistakes, a succession of false dawns and, to be frank, downright cheek—the point has already been made that sometimes the Government have claimed the figure is 170,000, when 70,000 of those homes were commissioned by a Labour Government. The comprehensive spending review last week was a missed opportunity. There are indications of a moderate uptake in house building; what we needed was a major investment programme—I will say more about that in a moment. It was a missed opportunity at the worst possible time, and we now run the risk of seeing five wasted years for housing under this Government.
Let me make some brief points about the announcement made last week. It represents a cut in investment in affordable house building, instead of the necessary ambition of approach. I would simply contrast two figures. In the final comprehensive spending review under a Labour Government, £8.4 billion was committed for the three-year period from 2008 to 2011. For the three-year period from 2015 to 2018, this Government propose to invest but £3.3 billion—less than half of what Labour proposed to invest in affordable house building.
In addition, we are seeing an approach on the part of the Government that will mean the slow death of social housing—the mistakes made in 2010, with the cuts in investment; the progressive reigning back of councils’ ability to use section 106 to insist on affordable and social housing; and, now, the Housing Minister talking about the need to convert to the affordable rent model, which is unaffordable for many people and will push up housing benefit bills. We also see the Government once again restating their determination finally to crack the problem of bringing public land to market. We have heard it all before. They have promised a great deal and delivered pitifully little.
It is little wonder that the National Housing Federation was critical of the statement, despite the Government saying that the role of housing associations would be central. The federation attacked it as representing a cut in investment. It is also little wonder that the Chartered Institute of Housing said that the statement lacked the necessary ambition. Just when the country needed a sense of urgency and ambition, the Government let the country down. That is why our amendment argues for a serious approach, designed to get Britain building. First, we have to tackle the biggest housing crisis in a generation. There should be decent homes for all, to rent or buy, at prices people can afford. Secondly, history tells us that there has never been a recovery from a depression, such as that in the 1930s, from a war or from any recession since the war without a major public and private housing programme.
That is why the shadow Chancellor has said that the Government should heed the advice of the International Monetary Fund. Were they to invest that £10 billion in a house building programme, 400,000 homes would be built, and 600,000 jobs and 100,000 apprenticeships would be created. The Government need to invest now, rather than looking beyond 2015. They need to build now, in order to get people back into work now and to bring the cost of failure and the housing benefit bill down. It cannot be right that 95p in every £1 spent on housing investment goes on housing benefit. We need to get that money shifted into bricks. Such investment would ultimately bring down borrowing as well.
Ian Mearns
My hon. Friend is making a powerful speech. I have to criticise the Government for the fact that if every one of their announcements on this matter had been a house, we probably would not have a housing crisis now. They have talked an awful lot about house building but, brick upon brick, it is not happening in very many places in this country.
Jack Dromey
I agree absolutely with my hon. Friend. As I said earlier, if we had a house for every press statement issued by the Government, we would not have a housing crisis.
Jonathan Edwards
The hon. Gentleman is making some powerful points, and I entirely agree with him on the need for a house building programme. Would not the advantage of such a programme be that there would be a ready revenue stream in the form of rental repayments?
Jack Dromey
The hon. Gentleman is absolutely right. All the benefits that I have referred to, plus others, would result from such a programme. If we were to invest in retrofitting as well as in new build, we could tackle some of the chronic problems that are costing the national health service £2.5 billion a year. We could also tackle the problem of a whole generation of young people being held back at school because their overcrowded homes impact on their ability to do their homework. That impacts on their exam results, which in turn impact on their lifelong earnings potential. If the Government were to invest in housing as we would do, they could also reflect the demands of an ageing population. They would be able to help people of all tenures to downsize, rather than using the obscene weapon of the bedroom tax, which has no place in a civilised society.
Graham Jones
My hon. Friend has made a powerful point. The Government’s policy is totally focused on an under-supply of housing, but he makes the valid point that the Treasury should be looking at the other part of the problem, which is the over-supply of housing and its consequences. The Treasury needs to take this matter on board. In constituencies such as mine, people suffer chronic ill health as a result of poor housing.
Jack Dromey
My hon. Friend makes a good point. This is not just about new build, where appropriate; it is also about retrofitting, about regeneration and about bringing empty homes back into use. It is also about recognising that the housing market and the problems associated with housing should not simply be seen through the prism of London and the south-east. Housing markets vary considerably nationwide.
Bob Stewart (Beckenham) (Con)
I have listened very carefully and I understand the logic of what the hon. Gentleman has said. My only worry and concern is where we are going to get the money to invest in housing—investment in housing is a good thing. The hon. Gentleman suggested that we would get the money back, but we will not get it back quickly.
Jack Dromey
What is happening for certain is that the country is paying the price of failure, with £245 billion more being borrowed because of it. Ultimately, it comes down to this: it is a choice between paying for the costs of failure and investing for success. All the evidence shows in transmission times that investing in house building is the quickest way to get a sluggish economy moving. It would build badly needed homes for people to rent or buy; it would put building workers back to work; it would create apprenticeships and hope for the nearly 1 million young people out of work; it would progressively bring down the cost of housing benefit; and, ultimately, reduce borrowing rather than increase it. That is the choice that the Government and the country now face: do we invest public money for failure or invest it to build for success?
Graham Stringer (Blackley and Broughton) (Lab)
My hon. Friend is making a very powerful speech. Is it not the case that the £25 billion that goes into housing benefit supports rentier capitalism and not entrepreneurial capitalism? Would not that money be better invested in bricks and mortar? One of the solutions that the left and the Labour party have for this problem is to bring in rent controls. Does my hon. Friend agree that rent controls would help to bring down the housing benefit budget?
Jack Dromey
I would make two points in response. First, the single biggest factor that would make a difference is, of course, significantly increasing supply. What is so wrong about the Government’s approach is that it has been too much focused on demand and not sufficiently focused on supply. On the issue of demand, we have heard criticisms from the IMF, the Treasury Select Committee and others about the impact of Help to Buy on pushing up house prices, without necessarily seeing a significant increase in supply.
Secondly, we definitely need to look at a very different type of private rented sector for the future, where quality standards will be raised and where there will be longer-term tenancies and flexibility for those who wish it and security for those who need it. Index-linked rents, for example, could see people having predictable and more affordable rents. If we look at existing evidence of such longer-term tenancies with the indexation of rents, we find that tenants pay significantly less and landlords have a reliable income stream, so it works for good landlords and tenants alike. The time has come for a very different private rented sector in the future. Sometimes we refer to “the continental model” of security, affordability and higher quality, where people enjoy a higher status in a sector of choice—not what we have at the moment.
Millions of people will have waited for last week’s comprehensive spending review with hope, but their hopes have been dashed. What we had was hyperbole from the Chief Secretary to the Treasury. I have to say that I sat gobsmacked at his contribution. When it comes to writing the history of hyperbole, he will deserve a chapter of his own, as we have heard it all before. The simple reality is that this Government’s housing policies, like their economic policies, have failed and will continue to fail. Whether it be “First Buy”, “NewBuy” or “Help to Buy”, the British people know from experience that getting a decent home at a price they can afford and getting Britain building once again will ultimately mean sending this message to this Government at the next general election—“goodbye”.
Mr Nick Raynsford (Greenwich and Woolwich) (Lab)
Let me begin by drawing attention to my interests as declared in the Register of Members’ Financial Interests.
I am very pleased to follow my hon. Friend the Member for Birmingham, Erdington (Jack Dromey), who made a powerful and persuasive speech about the importance of expanded investment in housing, and my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson), who presented a masterful overview of the whole range of housing expenditure.
Graham Jones
Does my right hon. Friend agree that the Treasury does not seem to be taking account of evidence which shows that the cost of private renting housing, per unit, is roughly twice the cost of social housing? At that rate, the more reliance there is on the private rented sector, the higher the housing benefit will be.
Mr Raynsford
I entirely agree. As my hon. Friend the Member for Birmingham, Erdington pointed out, it is important to support the private rented sector, but it must be helped to do the job it does best, which is providing for people whose incomes are higher than the incomes of those who have traditionally depended on social housing.
The Government have created a problem for themselves by trying to use the private rented sector, with high rents, as a substitute for social housing, with lower rents. That is inevitably a recipe for more dependence on housing benefit. It traps people who are dependent on benefit, which is bad for them, and it increases the bill for housing benefit. What we need are policies that encourage both the growth of a private rented sector for people who can afford to pay a market rent for their housing and will not be dependent on benefit, and, in parallel, the revival of a social housing sector that meets the needs of those who require housing at sub-market rents.
Sheila Gilmore
Sometimes the issue of private rents is presented as though it involved people living in mansions, but many of those high private rents are actually charged in former council properties. Ironically, two tenants living next door to each other may both be receiving housing benefit, but the rents involved may be very different. People who are not living in mansions are simply having to pay high rents.
Mr Raynsford
My hon. Friend has made a fair point about the fact that the rise in rent levels means that many people are paying above the odds for accommodation that is not particularly good. However, that is a product of shortage. We need an increased supply of good-quality private rented housing which commands a market rent. There will be people who are perfectly happy to pay that rent, and to benefit from good-quality accommodation as a result.
As my hon. Friend the Member for Birmingham, Erdington said, we need to bear down on exploitative landlords who are letting substandard properties and charging above the odds for them. We also need to ensure that councils and housing associations provide an adequate supply of alternative housing for people who genuinely cannot afford to pay a market rent, and who would otherwise be left either dependent on housing benefit or homeless.
Ian Mearns
My right hon. Friend is making some very powerful points. The private rented housing market is very diverse, but in areas such as mine in Gateshead in the north-east of England, where we have a substantial private rented sector, unfortunately much of the property in that sector is housing of last resort and people are having to pay inflated rents for it—rents that are much higher than they would have to pay for much higher-quality socially rented housing in the neighbourhood.
Mr Raynsford
My hon. Friend makes a very good point that again illustrates just how dire the consequences of current policies are for people in need of housing.
If the current housing policy and current housing market are bad news for people in housing need, they are also bad for the economy. As my hon. Friend the Member for Birmingham, Erdington rightly emphasised, there would be huge economic benefits from an expanded house building programme. Not only would we see an increase in employment and demand for materials, most of which are sourced within the UK, but there would be huge impacts on the supply chain.
Lisa Nandy (Wigan) (Lab)
I agree with what my right hon. Friend is saying. Does he agree that there would be a particular impact on young people? There are more than 1 million young people in this country who are desperately in need of a job. Many young people in Wigan were employed in the construction industry and on apprenticeships before this Government came to power, so they would experience a very positive effect from the changes he is describing.
Mr Raynsford
I entirely agree. I happen to be the president of Youthbuild UK, which is one of the bodies that has been campaigning specifically for more effective opportunities for young people, in particular disadvantaged youngsters, to get the training and skills necessary to secure employment in the construction industry. I wholly endorse what my hon. Friend says.
There are benefits in terms of the economy. There are benefits in terms of employment. There are wider supply chain benefits. I am thinking in particular of all the industries that provide the materials, furniture, furnishings and equipment that go into houses when they are built. When people move into a house, they need carpets, furniture and various fittings, and all of that additional demand will be good for the UK economy. There is therefore a real multiplier effect from an expanded house building programme.
It is not just about new homes. As has been said, it is also about retrofitting existing homes that are in poor condition. Here the Government have got themselves into another mess, but not through lack of a good idea. The idea behind the green deal is a sound one: that we try to put in place a mechanism that enables people to borrow the money required to fund improvements in the energy efficiency of their home and they can then pay for that out of the savings they make through reduced bills because the home demands less energy. That is in principle a very good idea. The problem is that the scheme the Government have managed to come up with after quite a long gestation period has proved so complex, opaque and financially disadvantageous that it is at present struggling to get any takers.
I admire the ambition displayed by the Minister responsible for the scheme in trying to get it off the ground. He has put a huge amount of effort into trying to promote it, but as it is currently constituted it is simply not attracting the interest of the British public, and without doing that it will not fly, so we will have a continuation of the problems of energy inefficient homes that are bad for the environment because they pour out unnecessary carbon emissions. That will be bad for the fuel poor who end up paying more for fuel than they need to, and it will be bad for the construction industry because all those potential jobs in retrofitting existing homes will not be taken up.
Graham Jones
Does my right hon. Friend agree that it is an indictment of the Government’s shambolic housing policy that they rejected the idea that private landlords should in the near future be forced to implement the green deal and energy efficiency measures in properties? The Government have put that backstop date back to 2018, which allows private landlords still to have houses that do not meet the lowest of energy ratings for many years.
Mr Raynsford
I am grateful to my hon. Friend for highlighting that, because it is a cause of real concern that the energy efficiency programmes that were in place have come to an end, and as a result of the introduction of the new ones—the green deal and the energy company obligation programme—the level of activity on energy efficiency retrofitting has plummeted.
I talked to a housing association, active in my constituency, that has done a magnificent retrofit of about 1,000 properties in Charlton. That has hugely improved the comfort of its tenants, who can now keep warm at much less cost. It has improved the appearance of the estate and has won plaudits from everyone, and it was done with a work force who included a number of young unemployed people from the area, who were trained specifically to be able to take up the advantages of employment as part of the scheme. It was an admirable scheme. When I was congratulating the housing association on it, the one and only disappointment came when it told me “Well of course this was funded under the old community energy saving programme—CESP—which made it possible and has now ended. We would probably not be able to do this again if we were starting from scratch today.” That is an obvious problem.
Bill Esterson (Sefton Central) (Lab)
My right hon. Friend is talking about the ending of schemes. Does he agree that this is not just about renovating properties where people are living, but about the large number of empty properties in boroughs such as mine which are crying out to be renovated? They are in places where people want to live, where communities can be recovered in the way he just described, but nobody is living there now. Does he agree that the Government need to revisit the issue of funding for empty properties?
Mr Raynsford
The thrust of my whole speech is about the importance of the Government finding more effective measures to stimulate investment in housing in all sectors. That includes bringing empty properties into use, improving the existing substandard housing stock and building new homes that are needed to increase the supply. The case is overwhelming, but, sadly, as the figures cited in this debate so far have shown, the Government are failing to meet the needs. I am not going to go into that in detail, because it has already been covered.
I wish to draw attention to the new homes bonus. It an extraordinary scheme, and our Front-Bench spokesperson made some pertinent remarks about it. It was launched by the Government as, supposedly, the panacea for the problem of opposition among some local communities to new house building in their area. The theory was that if a financial incentive was given to councils and to communities for agreeing to build new homes, we would get a different attitude—we would have enthusiasm for new house building rather than hostility. And so the new homes bonus was launched.
The new homes bonus is a very expensive scheme. As the National Audit Office report demonstrates, it is costing £668 million in the current year, but that is due to rise to £905 million next year, to £1.1 billion in 2015 and on beyond that, because it is a cumulative bonus that is paid for a six-year period. I have given only the individual one-year costs. When we add in the cumulative costs derived from previous years’ awards, we find that by 2018-19—that is six years ahead, so at the end of the six-year period—on current trends, expenditure on the scheme would be £7.5 billion. It is a very, very expensive use of public money, which is mostly taken from local authorities. The Government talk about it as though it is a Government scheme, but they are putting in only £250 million a year, with the rest coming as a top-slice from local government funding.
Graham Jones
My right hon. Friend is making a strong argument about the new homes bonus, which is top-sliced from local authorities and given back to those who build. On other policies, such as empty homes and retrofitting, local authorities that have had their income reduced substantially, and are in low-demand areas such as mine and unable to build new homes, encounter a perverse incentive, whereby a slew of issues, such as empty homes and dealing with the private rented sector, cannot be dealt with. The money is simply given to authorities that are cash rich and are building more homes, and it is not really in their interests to build any more because they have got enough money.
Mr Raynsford
My hon. Friend makes a very good point. The NAO made an absolutely damning comment—I am astonished that the Government have not looked at this one sentence and said that they clearly need to reconsider the scheme. It is, quite simply:
“We found no association between individual local authorities’ planning application approval rates and their numbers of homes qualifying for the Bonus.”
There we have it: the NAO can find no correlation between the granting of planning consent and the awarding of the bonus, yet that is what it is supposed to do—it is supposed to incentivise councils to improve their performance in granting planning consent. No wonder the Government are embarrassed.
Rather than doing what they ought to by carrying out a thorough and quick review of the scheme and winding it up if it is proved to be as ineffective as the NAO indicates, the Government have done another extraordinary thing and announced in the spending review last week that they will take £400 million of new homes bonus money and transfer it to local enterprise partnerships. It is not their own money—only £250 million is Government money, and the other £150 million would otherwise have been paid to local government. It will now go to the LEPs. Whatever happened to localism? I thought the Government’s mantra when they came into office was that they would allow more decisions to be taken locally. This decision muddies the waters and it will be even more confusing to work out where the money goes.
As my hon. Friend the Member for Hyndburn (Graham Jones) pointed out, there is already gross inequality between different parts of the country, many of which are contributing to the new homes bonus and getting nothing out of it while others, which have done nothing to improve their housing performance because they already have a high demand for housing and because it is already been built in those areas, benefit from the scheme. It is a most extraordinary scheme and it will be made even more opaque and confusing. Clearly, such a scheme has no prospect of achieving the incentive effect it was supposed to achieve.
John Healey
My right hon. Friend has put his finger on it. There is not an economic rationale for the policy, but a political one. Essentially, it is a stealth redistribution from poor areas to wealthier ones with a more active, buoyant and successful housing market.
Mr Raynsford
My right hon. Friend, as always, is very acute and he realises that this is a political move. The change is being introduced with no analysis and no evidence base—it is a political move that will have significant redistributional consequences in favour of some areas at the expense of others, paying no regard whatever to the principles of localism that the Government used to proclaim.
John Healey
May I tempt my right hon. Friend to reflect on one other aspect of the subject he just touched on? If his figures are right—I am sure they are—by 2017-18 this will cost £7.5 billion in total. That cannot be described as a top-slice from local government as it represents almost a third of the total local government expenditure in England. The proposal will fundamentally destabilise the whole system of local government funding within five to six years.
Mr Raynsford
My right hon. Friend makes a valid point, and it is a further argument for the serious and thorough evidence-based review of the subject that the Government ought to be undertaking. It is shameful that they are continuing to tinker with this failed scheme at a time when there is such an urgent need for the limited funds that are available to be used to best effect to stimulate investment in housing and to have the beneficial economic effects that my hon. Friends and I have been talking about.
The amendment specifically calls for a review of the operation of REITs and their interaction with the housing market. That is important because the scale of investment necessary to secure the level of house building and home improvement we need will require a combination of public and private investment. We must therefore have measures that encourage more private investment in both private and social rented housing. Institutional investment in private renting has been a bit of a holy grail for many years for people who saw it as a way of ensuring an improved private rented sector driven by responsible investors who would be keen to see high standards of investment and management.
Graham Jones
I am grateful to my right hon. Friend for giving way once again. Will he congratulate my local Labour authority, Hyndburn borough council, which has private institutional investors? The council has got a pension company to invest in private lets to the tune of £14 million and is using that capital to regenerate and provide affordable housing for rent for people who need it. Does he not agree that there should be more such schemes in the UK? That flagship programme has appeared on many television programmes and I am proud to say that a Labour authority is doing it.
Mr Raynsford
My hon. Friend makes a valid point and highlights the fact that throughout the country, there are a series of partnership agreements between the public and private sectors which are successfully helping to attract increased investment to meet social needs. That is what we need to encourage. I very much welcome amendment 57 because it calls for precisely that: it calls for a review of the REITs programme and how it interacts with the housing market. The thinking behind it is entirely about how we can ensure more effective blending of public and private finance to meet housing needs.
I have gone on quite long enough, so I will let others contribute. I conclude by saying that current policies are not working. We have a stagnant housing market, which is showing very limited signs of recovery. We have massive unmet needs., and we have huge economic problems which should be addressed by an expanded house building programme. I hope the Government will change course.
Mr Gauke
It is a pleasure to return this debate to the amendments to clause 38 and schedule 18 to the Finance Bill before us. Before I discuss Opposition amendment 57, I shall say a few words about amendments 30 to 34, which are designed to ensure that clause 38 and schedule 18 work as intended. The clause and the schedule make improvements to the REITs regime. This year’s Finance Bill improves the REITs regime by allowing a UK REIT to treat income from another UK REIT as income of its tax-exempt property rental business. Therefore these amendments do not affect the policy, but rather ensure that it works as intended. The change would generate positive benefits for the REIT industry, and also meets the Government’s wider objectives.
Let me provide some background. During the technical consultation in February, stakeholders told us that the changes as drafted might not work quite as intended. HMRC has consulted further with interested parties, and we agree that minor changes are necessary to achieve the desired policy aims. The problem, as presented by interested parties, concerned the balance of business test, which requires that at least 75% of the REIT’s profits must come from a property business. Interested parties were concerned that in certain circumstances, a REIT that invests in another REIT might fail that test even though the lower-tier REIT derives all of its income from a property business. Consideration of the issue has revealed that minor amendments are required both to the new and the pre-existing legislation. These amendments together will ensure that the Bill’s changes correctly implement the intended policy, which is that profits of a property rental business comprising the new type of tax-exempt income do not include amounts attributable to capital allowances and other tax adjustments.
Turning to Opposition amendment 57, we have had a very broad debate this afternoon. Indeed, it has felt more like an Opposition day debate on housing than a debate on the clause and the schedule. The amendment proposes that the schedule shall come into force after the Chancellor has conducted a review of the interaction of REITs with the housing market, and I hope to address the issue of REITS and the housing market in my remarks.
Cathy Jamieson
I hoped the Minister would understand that the nature of the debate reflected Opposition Members’ genuine concerns about the Government’s record on housing. But specifically on REITs, when he responds to the arguments in favour of the review, will he be able to say something more about the future of REITs and social housing?
Mr Gauke
The hon. Lady can rest assured that I will address that very point, if not necessarily every point made in the wide-ranging debate.
The proposal set out in amendment 57 is that
“The Review shall consider…tax measures in place to support house building; and…what steps HM Government have taken to support house building”
but the Government’s view is that there is no need to postpone the changes to the REIT regime, as the proposed review would add little value at this time. There is something of a routine here of the hon. Lady requesting a review and me turning it down, and she asks so nicely that I feel almost pained in doing so, but the reason we believe in this case that a review would add very little is that there are not yet any REITs with substantial housing assets on the market, so it is too early to assess any interaction of REITs with the housing market. We do not accept the amendment and I urge her not to press it to a vote.
The new changes to the REIT regime are an example of tax measures to support house building. As REITs represent the supply side of the property market, any improvements to the REIT regime are expected to have a positive impact on the market.
The hon. Lady made a couple of points on how the REIT regime works: the first, which I believe we touched on in Committee, was whether the regime could support people who want to own their own home. It is worth pointing out that residential REITs can provide accommodation only in the private rented sector, so they are not designed, nor could they be used, for the purpose of home ownership.
The second point, on which the hon. Lady intervened, was on the relationship with social housing and what role REITS could play in that sector. There was full consultation in summer 2012 involving a number of one-to-one and group meetings with interested parties in the social housing sector. The reality is that yields on, for example, affordable rents do not appear to be high enough to attract investors into that sector, but I assure her that discussions are ongoing with non-social housing entities and other interested parties to explore the possibility of residential REITs. If a workable residential model can be found, it might be possible to use it to further a move into social housing, and we certainly would not rule that out. At the moment there appears to be no interest in using REITs for those purposes, but we are entirely pragmatic about that.
We believe that REITs have a valuable role to play and we do not want to delay the implementation of the schedule while we conduct a review from which there is little to be gained. For those reasons, I urge the hon. Lady to withdraw the amendment.
We discussed wider housing policy, but I do not intend to be drawn into a lengthy, general debate on housing. I just point out that we announced £5.4 billion of additional support for housing in the last Budget, building on the £11 billion this Government have already committed to investment in housing over the spending review period. Last week’s spending round announcement confirmed a total of £5.1 billion-worth of investment to support housing in England from 2015-16 to 2017-18; £3.3 billion of that new funding is for affordable housing over those years and will support the delivery of 165,000 new affordable homes in England over the next three years. I can also point out some of the recent housing numbers. Housing building starts in England rose by 4% in Q1 2013, seasonally adjusted. Housing starts are 15% higher than in the same quarter last year. Starts are now 62% above the 2009 trough.
Mr Gauke
No, I want to give the hon. Lady a moment or two at the end of the debate to respond to the points that I make.
The amendments before us, alongside the changes that already form part of the Bill, show the Government’s continued support for REITs and the UK property sector. I believe the Government amendments will be welcomed by interested parties. The delay that would result from Opposition amendment 57 would be unfortunate and I urge the hon. Lady to withdraw it.
Cathy Jamieson
I find myself in the same slightly pained position that the Minister described. He said no so nicely, as he normally does, that I hesitate to come back with extremely critical comments. I am disappointed once again that he has not heeded our arguments, especially the argument for a review and a look at how the wider tax regime deals with housing issues.
Chris Leslie (Nottingham East) (Lab/Co-op)
I beg to move, That the clause be read a Second time.
Hon. Members might not have spotted the announcement on this matter in the Chancellor’s Budget in March. It is a little-noticed provision that was buried on page 64 of the Red Book in the table that sets out whether individual policy decisions will mean a gain or a loss to the Exchequer. This decision did not hit the headlines and very few people spotted it. I should look back and see whether the Chancellor even referenced it in his Budget speech.
This little-known provision is the abolition of something called the stamp duty reserve tax. It is not quite the same as the stamp duty on share transactions that many hon. Members are familiar with. That is, for want of a better term, a financial transaction tax of 50 basis points or 0.5% on share transactions. The stamp duty reserve tax is the equivalent change that was introduced in schedule 19 to the Finance Act 1999. It is essentially a proxy for stamp duty on the return of units in unit trusts to the investment managers who deal in those transactions. If individuals buy units in unit trusts and then surrender or sell them back to the investment manager, a stamp duty of 0.5% has not unreasonably been paid.
The Chancellor, in his wisdom, has decided that that must go. He has decided to forgo the princely sum of £150 million in every financial year henceforth. I am afraid to tell hon. Members that there is a lot of this story to be told. The abolition of stamp duty reserve tax is essentially a decision by the Chancellor to give a tax cut to investment managers.
The new clause calls on the Chancellor, within six months of Royal Assent, to publish and lay before the House of Commons a report on the distributional impact of the change detailing who has benefited—whether it is the lower and middle-income households and families in all our constituencies or the privileged and wealthy investment managers.
Mark Field (Cities of London and Westminster) (Con)
Does the shadow Minister not recognise that the abolition of the reserve tax will be a great enhancement to the UK unit trust industry, which has been losing a lot of business to Switzerland, Singapore and elsewhere? Although he has characterised the beneficiaries as being very wealthy, this change will ensure that jobs are retained in this important industry, especially back-office and middle-office jobs, as it goes from strength to strength in the decades ahead.
Chris Leslie
I commend the hon. Gentleman for doing his duty to his constituents in the City of London. I confess that they probably will be right up there among the beneficiaries of this change. He is assiduous in speaking up for his constituents, but I am sure he would concede that they are not exactly typical of people in the rest of the country. The people who engage in investment trust transactions and unit trust arrangements may well benefit from this £150 million tax cut.
The Chancellor of the Exchequer was supposedly faced with difficult choices and cuts in the Budget. That he has chosen to give a tax cut of this order at this time is a reflection of his priorities, which are beyond understanding for many Opposition Members.
Mark Field
Would the shadow Minister be willing to extend his new clause to ensure that it takes into account what has happened since 1999 when the tax was instituted under the previous Labour Administration? More importantly, would that reflect Britain’s place in the world and what proportion of the global asset management industry was in Britain in 1999 and is still here today, compared with other countries? That may have a direct impact on why the Chancellor acted as he did in the Budget.
Chris Leslie
Times are tough, and for most people in the country life is getting harder. I confess, however, that I have not been lobbied by or seen those poor, unfortunate City investment managers knocking at my door, coming to my surgeries, or writing e-mails and saying, “Please, the one thing we need is the abolition of the stamp duty reserve tax. There is massive hardship among investment managers at this time, which demands a £150 million tax giveaway.” Frankly, I think the investment management community is doing reasonably well relative to the rest of the country. Moreover, I do not think that the City of London is uncompetitive. Indeed, all the evidence suggests the opposite and that the City continues to thrive and do exceptionally well—something like £5 trillion in funds is under the management of those investment managers affected by this tax change, and a tax cut of 150 million quid is small change to that community.
We are having this debate because we need to know why the Chancellor decided on this priority—cui bono would be the Latin adage. In whose interest is this? Who benefits from this change? I doubt it is my constituents in Nottingham East, and Government Members must forgive me if I am left with a slightly bitter taste in my mouth when we see the hardship caused by cuts to tax credits, the increase in VAT and the bedroom tax. The Chancellor says that individuals affected by those things must feel the pain and the squeeze, but when it comes to the City and the investment management community, I do not see how they are all in it together or sharing that anxiety.
Mr Russell Brown (Dumfries and Galloway) (Lab)
Yet again I am back on my old hobby-horse about the economy. If this measure is passed and people benefit from it, what will that do to the local economy? Will we see massive spending on our high streets? Will it help to regenerate the economy?
Chris Leslie
Dare I say that my hon. Friend knows the answer to his question? I do not think it will make a blind bit of difference to the success—or otherwise—of the investment management community, and I have seen no evidence from the Government that this measure is the thing that will transform the economy at this time, or make a massive difference to jobs and growth in society at large.
Let me put this in context: £150 million is a lot of money. In fact, it is exactly the same amount that the Chancellor cut from young mothers when he abolished the health in pregnancy grant—hon. Members will remember from the Chancellor’s first Budget that the health in pregnancy grant was given to mums-to-be to ensure they ate healthily and had a little help at that time. That was slashed; that had to go because £150 million had to be saved, yet in next year’s Budget the Chancellor is introducing a £150 million tax cut for the investment management community. That is about the same amount of money as was cut from the child tax credit supplement for one and two-year-olds in that original Budget. In fact, it is about the same amount of money that the pasty tax and the caravan tax were supposed to save—I am sure the Minister will remember that from the ill-fated omnishambles 2012 Budget. All the hassle that fell on the Chancellor’s shoulders at that time was due to saving £150 million. In that context, this is a strange choice by a strange Chancellor.
Stephen Doughty
My hon. Friend is making a strong point. Does he, like me, think that people will be bemused by this measure when the Government voted recently against a reasonable motion on an international financial transaction tax? When people see those two things, as well as the bedroom tax, what will they make of this Government?
Chris Leslie
We had that debate on a financial transaction tax a few weeks ago. I think we managed to extricate from the Minister, despite his reluctance, a suggestion that somehow, somewhere, buried in the Government, there was still some flicker of interest in a financial transaction tax. I am not sure whether it has been snuffed out by this particular measure. If this is the abolition of stamp duty on unit trust transactions, what will be next? What else will they give away to this particular set of fortunate investors? Will the Minister rule out plans to abolish the other financial transaction tax, the stamp duty on equity transactions? Do the Government have that long-standing financial transaction tax, which has been around for several hundred years, in their sights? Conservatives are second to none when it comes to defending the best interests of the wealthiest in society, and I take my hat off to the Minister for managing to slip this little one through in the Budget provisions without anybody really spotting it.
Geraint Davies (Swansea West) (Lab/Co-op)
My hon. Friend has already pointed out that this £150 million saving per year for the very richest should be compared with the bedroom tax saving of £450 million from the very poorest. The difference between the two measures is that the bedroom tax is hitting thousands upon thousands of the poorest people. The bedroom tax costs about £10 per week, and I have had people tell me that their disposable income is being reduced from £30 to £20 per week. With this tax, the £150 million saving is going to a very small number of people who will receive a large amount of money. These are the choices we face in Britain today. Does my hon. Friend think that that is disgraceful?
Chris Leslie
I am more disappointed that the Government think they can get away with it. I want very much to hear the Minister defend this decision. I am sure he will do so with gusto and alacrity, as ever, but I know that deep inside—the record will reflect that I am looking into his eyes—he realises that this is a completely daft idea. This is not a priority at this time. It is a crazy priority when the public are struggling, and I know that in his heart of hearts he agrees with me. It is not clear where this idea has come from. I saw something on the Deloitte website that said there had been many decades of lobbying in favour of this particular change. Perhaps the lobbying is something that the Treasury has eventually succumbed to.
When we line this measure up alongside other examples of largesse the Government have shown to those who are doing very well, it is notable. We cannot take it out of the context of the paucity of the bank levy, which was supposed to raise £2.5 billion in the previous financial year but did not. Last night, the Minister said that they will try to get £2.7 billion next year instead, but they are already £1.9 billion in arrears from the previous two financial years. It will be more than a decade before they are able to recoup the loss. It was notable last night that he did not say that he was certain that £2.5 billion would be brought in from financial years 2011-12 and 2012-13.
I will put the bank levy to one side. After all, what is a couple of billion pounds between friends? The Government refuse to repeat the bank bonus tax, despite the fact that financial services bonuses leapt by 64% in the first month of this year, when all those who benefited from the reduction in the additional top rate of tax—earnings over £150,000 were taxed at the 50p rate, but from, I think, 6 April they were taxed at the 45p rate—rushed out all those bonus payments. Of course, those individuals found ways and means to avoid the higher rate of tax, as the Government helpfully flagged the change up for them far in advance.
Geraint Davies
Does that not contrast sharply with the 2 million people in Britain who are on payday loans? They could each be given £70 with that £150 million. They are desperate for the money, but instead these tens and hundreds of thousands of pounds are all focused on, again, the very rich. Does that not speak volumes about the cruel values of the Tories?
Chris Leslie
The point is the context in which these things arrive from the Government. Perhaps it is our fault that we have not successfully flagged up for the wider country what exactly is happening in the Budget or what will happen in future Finance Bills; but for the time being, it is incumbent on the Minister to do at least this one thing: let us have the distributional analysis showing who benefits from the change. Which deciles, in terms of the affluence of society, will gain the most from this £150 million tax cut? The case for it has not been made. It has not been high on the public agenda. There is no problem in the City or the investment management community of such significance that it merits this intervention by the Chancellor, at the expense of the health in pregnancy grant or the cuts to tax credits that merited the pasty tax and the caravan tax.
This £150 million tax cut is an incredibly important totem of the Chancellor’s priorities. It is a sign that he does not care about the fact that most people—the typical family—will be paying an extra £891 this year because of the tax and benefit changes made since 2010. Those who have found themselves pushed into greater deprivation and poverty will look at the decision and be absolutely disgusted that this is the Government’s priority now. This change has no justification. The Minister has not made the case for it. We need more information about who benefits from the arrangement.
All that comes on top of the Government’s giveaway on the bank levy, their failure to repeat the bonus tax, the millionaires’ tax cut from 50p to 45p and other changes hidden in the Bill, such as making the additional tier 1 debt coupon tax deductible for the banks, which The Times described thus: “Chancellor to the banks’ rescue with secret £1 billion tax break”. Lots of people will have questions, although not necessarily about this Minister’s priorities. He is doing the best of a bad job and having to cope with the hand he has been dealt. He is, I am sure, a decent and honourable chap, but when he goes home this evening, turns on the television and sees the hardship afflicting families up and down the country, I would ask him to keep in mind whether making a tax cut of £150 million for those investment managers was the right call to make at this point in the economic cycle, such as there is a cycle involved.
Mr Russell Brown
I come very much from the school that says that if someone is under a bit of pressure and struggling, it is only right for the Government to try to step in, but I am amazed by the figures. In 2011, the UK fund management industry was up 5%, after double-digit growth in the previous two years. The industry is not struggling. Why on earth should we consider giving even more money to people who, at the end of the day, are not in desperate need?
Chris Leslie
That is the £150 million question. The tax cut is £150 million in the key years, but it goes up to £160 million in financial year 2017-18. It gets greater and greater as time goes on. If we roll all the numbers together, as the Chief Secretary to the Treasury is wont to do when presenting figures in the Budget, we get a total of £600 million of tax cuts in this area in the Red Book. I am sure that you could think of a good use for £600 million, Mr Deputy Speaker. At the very least, we want a distributional impact assessment. We want to know who will benefit from the measures, and it is incumbent on the Minister to tell the House the facts.
Geraint Davies
I have been provoked to stand up and speak on this outrageous stealth tax, which is an attempt to subsidise the very richest in a clandestine way. If hon. Members had known about the £145 million being crept into the back pockets of the very richest people in the City, the Chamber would have been full of Members speaking in protest, as I am doing now.
The direction of travel in the Budget and the spending review continues unabated. It consists of blaming the poorest for the bankers’ errors, punishing them with cuts in public service jobs and wages and cuts in welfare benefits, particularly outside London and the south-east—and especially in Wales—then pumping all the infrastructure growth opportunities into London and the south-east, to line the pockets of the very richest, many of whom were responsible for the disaster in the first place.
The Government are allegedly trying to balance the books, but they are dismally failing to do so. They have decided to sack 600,000 public sector workers. This is having a disproportionate effect in certain parts of the country. Many parts of Wales, for example, are 50% more likely to have public sector workers than London, and it is in those areas that the cuts are biting deepest. Meanwhile, the money is going to places such as London, where the cuts are not so deep, not only in infrastructure investment but in measures such as this one. We are talking about getting rid of stamp duty on transactions in the City of London, where a small community of people will benefit from that tax cut of £145 million a year, and rising.
We must set against that the fact that 2 million people are already using payday loans. Dividing the £145 million between those 2 million people would give them about £70 each. Only today, I have been talking to colleagues in Swansea about the emerging problem on our council estates, and on estates generally, of companies setting up shop to take advantage of people in dire need by offering them payday loans. At the same time as the Chancellor announced this cut in stamp duty, he asked the newly unemployed to wait an extra week before receiving their money. That will of course feed the stomachs of the payday loan sharks. Those sharks are not just the well-known wonga people; they are also the new, smaller operations setting up in very poor communities. They hire people in the community, on a commission basis, to persuade their neighbours to take out loans at exorbitant rates of interest that they cannot afford. They then harass them by phoning them in the middle of the night or following them into the supermarket, for example, until they repay the loan. That is the cruel reality of Tory Britain today.
Alongside that reality, we have this ghastly attempt to give another £145 million to some of the richest people in the banking community, who were part of the problem in the first place. The alleged justification is to make the City of London more competitive. It appears that these whizz kid City folk, with their red braces, zoom up in their Rolls-Royces to see their old Etonian friends, such as Ministers, and look in awe at them and say, “Have another champers, will you, Minister?” and all that sort of stuff.
The Financial Secretary to the Treasury (Greg Clark)
I think that the hon. Gentleman will find that I went to a comprehensive school in Middlesbrough, not to Eton.
Geraint Davies
I am sorry that the right hon. Gentleman no longer has any school friends. Those who have abandoned the communities from which they came have proposed legislation to punish the poorest and reward the richest, which is a great shame. It is not too late for the Minister to think again about what is fair and right in distributive economics.
The reality is that the marginal impact of this change on the competitiveness of the City of London is very small indeed; it is not a serious argument. I can imagine the greed-fuelled lobbyists who come here on behalf of the City to demand an extra £145 million being the sort of people who say, “Oh, well, we have got to give these people more money, because otherwise they will leave the country.” We have heard all that before. In any case, many of those individuals have all sorts of tax havens, about which the Government pay lip service to investigating.
At the same time as we hear alleged concerns about those rich people avoiding tax, the Government say to them, “I’ll tell you what; here’s another 5p off the income tax.” People sometimes ask why there has been a 64% increase in bonuses this year. Could it be because the Government have provoked it, as people move their income from a tax year where they pay 50p to a tax year where they pay 45p? It was completely predictable, and it was even factored into the Treasury figures in the form of behavioural changes. The perverse thing was to hear the argument, “Oh, well, we are going to move to 45p instead of 50p because more money can be raised that way. Look, we are going to encourage our mates to move all their money to save tax”—[Interruption.] That proves that it is an absolute farce.
Tim Loughton (East Worthing and Shoreham) (Con)
Will the hon. Gentleman give way?
Geraint Davies
Of course. I was wondering whether the mumbling man was listening to anything, but I shall certainly give way to him.
Tim Loughton
There is of course always a temptation not to listen when the hon. Gentleman is on his feet. Does he remember the Finance Bill 1997, on which Committee he and I both served? I remember him making a similarly prejudicial class-bashing speech then and accusing merchant bankers or anyone working in the City as parasites, yet this industry accounts for many billions of pounds of revenue to the Exchequer and employs 1 million people. Does he still hold to that completely outrageous view? From what he is saying, it sounds as though he does.
Geraint Davies
It is interesting to see that the hon. Gentleman has changed from his red braces to blue braces—and very nice, too! I obviously do not regard the whole City of London and the banking community as parasites, as they are a major engine for exports, growth and productivity in Britain. The issue is about managed capitalism and what is the acceptable face of capitalism. It seems to me that many people on the hon. Gentleman’s side are not at all concerned, as more and more money is given to people who have already acquired enormous pots of money.
The distribution of income has shifted massively since 2010. We have seen the incomes of a large number of people in the top 10% growing by 5.5% each year over the past two years—at a time when most people have had pay cuts or pay freezes, certainly in the public sector, or lost their jobs. We have heard the Government boasting—this is their latest creative thought—that an extra 1.2 million people are in jobs, yet that has been contradicted by the Office for National Statistics. Even if there were another million extra people in work, with no extra growth and no extra output in the economy, productivity is going down and things are not going well. Nevertheless, the answer from the Government is still to give more and more money to the richest people and less to the poorest, and that is supposed to get us out of the mess, but it does not.
This stamp duty on transactions is the tip of an iceberg. I am sorry, Mr Deputy Speaker, that I have come on to describe the entire iceberg rather than the tip at the top, which we are talking about. It is important for people to stand up and be counted on this issue. There is no justification for these extra few buckets of money being thrown in the direction of those who have most. There is a great need for a more balanced growth strategy, whereby there is investment in infrastructure across the piece and where the opportunities for tax and spend are more fairly spread, so that together we can build a future that works and a future that cares—a one-nation Britain of which we can all be proud. I do not think that this suggestion makes sense, so I am very much in favour of putting a halt to this £145 million handout to people who are already rich, as it will not make any appreciable difference to the competitiveness of the City of London.
Greg Clark
This has been an astonishing debate. I have a lot of time for the hon. Member for Nottingham East (Chris Leslie), but he must have been pretty dozy in recent months if he thinks that this is a Budget measure that has emerged by stealth having hitherto been hidden from view, because it was given considerable prominence in the Chancellor’s Budget speech. The Chancellor said, in the Chamber,
“I also want Britain to be the place where people raise money and invest. Financial services are about much more than banking. In places such as Edinburgh and London we have a world-beating asset management industry, but they are losing business to other places in Europe. We act now with a package of measures to reverse that decline, and we will abolish the schedule 19 tax, which is payable only by UK-domiciled funds.”—[Official Report, 20 March 2013; Vol. 560, c. 939.]
However, the measure did not only feature in the Chancellor’s Budget speech. It was the subject of a press conference, and received quite a lot of publicity on the money pages. I should have thought that the shadow Financial Secretary would be aware of that, and would know what a good reception the proposal was given in the very important financial services industry.
Many misconceptions need to be cleared up. The hon. Member for Swansea West (Geraint Davies) talked about banking, but this measure has nothing whatever to do with banking. A regrettable consequence of what has happened in recent years is that the financial services sector as a whole has too often been equated with the banking industry and associated with its frequently catastrophic misjudgments and regulatory failures, and people have been tainted unfairly by that association. Just as there are hundreds of thousands of ordinary working people employed by banks who bear no responsibility for—indeed, are sickened by—some of the misdeeds that were committed by those at the top before and during the crisis, there are people who work hard for a living elsewhere in financial services, who contribute to our national income, the taxes that pay for our public services and our foreign exchange earnings, and who have certainly not put taxpayers' funds at risk in the way that characterised the worst excesses of the banking industry.
The investment management industry in this country is a case in point. It employs 30,000 people across the United Kingdom, mostly in areas such as administration, IT and legal services. At least 10,000 of these people, who are directly employed in the sector—I am not talking about those who are ancillary to it—are based outside London and the south-east. A large number of them are concentrated in Scotland—I should have thought that the hon. Member for Dumfries and Galloway (Mr Brown) would be aware of that—and in the north-west and the north midlands. In fact, 12% of the asset management industry is in Scotland. I am amazed that the hon. Member for Nottingham East—not just as shadow Financial Secretary, but as a Nottingham Member of Parliament—did not recognise the important contribution made by investment management in his city. He should be aware that the professional services sector in Nottingham is an important component of the city’s economy.
Chris Leslie
The Financial Secretary is characterising the Opposition as if we were somehow denigrating the investment management community. Far from it. We are simply asking this question: where is the hardship that justifies £150 million of generosity from the taxpayer at this point in time?
Greg Clark
I shall come to that. The hon. Gentleman professed not to recognise the problem that existed. As I have said, given the position that he enjoys, I would expect him to be aware of the long-standing damage to the competitiveness of an industry that employs people in his constituency. There are some very distinguished firms in his constituency. The Nottingham office of Brewin Dolphin has been there for 150 years, and I think that it is a vital component of our regional economy. These are valuable jobs, and they exist throughout the country.
The British investment management industry has a strong reputation internationally, yet—here we come to the reason for the reform—since 2000, countries such as Luxembourg and Ireland have increased their market share of domiciled funds dramatically in comparison with the United Kingdom. In fact, the UK’s share of EU domiciled funds has dwindled to less than half that of Luxembourg and has been overtaken by Ireland.
What is the reason for that? It cannot be because the reputation of British fund management has declined, as many of the funds domiciled elsewhere in Europe are in fact managed remotely by fund managers within the UK. It cannot be because the fundamental competitiveness of UK financial services has declined, because we have maintained, and very often increased, our market share in other parts of the financial services industry. For example, twice as many euros are traded in the UK than in the entire eurozone. One of the principal reasons for this competitive decline is a consequence—unintended, I am sure—of a change in the tax system that was made in 1999, and whose effect everyone agrees has been deleterious.
Schedule 19 to the Finance Act 1999 imposed a special stamp duty reserve tax—SDRT—on the investment management industry when fund managers match investors leaving a fund and surrendering their units with those joining the fund and purchasing the units. Because the fund manager is not buying any UK shares, no stamp duty reserve tax is payable, but schedule 19 imposes a tax of 0.5% on the fund manager, as if the shares have been bought. Of course, whenever a fund manager buys UK shares within a fund, full stamp duty is paid. As well as being complex and burdensome—requiring frequent tax calculations and returns to be sent to HMRC—there is a major flaw with schedule 19. Anyone who does not wish to pay schedule 19 can simply invest in otherwise identical funds, have them managed by a UK fund manager, but have them domiciled elsewhere, and that is what has happened in recent years. Such a non-UK fund could hold exactly the same equities as a UK fund, and that is happening in large numbers. It could be managed by a UK fund manager, but the investor would—by investing in a fund in Luxembourg or Ireland, for instance—not need to pay schedule 19.
Why should this matter? [Interruption.] I think the shadow Chief Secretary should take an interest, since he was not aware of the problem to which this is the solution. What are the advantages of having funds domiciled in the UK? First, there are advantages in terms of jobs, particularly in the regional economy. While fund managers can operate from anywhere, most jobs in fund management come from ancillary services and the professional services associated with them. These are high-value jobs in IT, legal services and accountancy support, and they are typically in the jurisdictions in which the funds are domiciled.
Secondly, there are advantages in terms of tax revenue. Although schedule 19 imposes SDRT on fund managers matching investors for UK funds, the Exchequer would be advantaged by having more funds domiciled in the UK, as that would involve the paying of income tax, national insurance, VAT, business rates and other taxes by people who would be employed here, rather than in Luxembourg, Ireland and other countries, and corporation tax by the companies supplying ancillary services.
Finally, who pays? It is pensioners who pay. Schedule 19 does not come out of the pay of fund managers. It is a cost of business that is invariably passed on to UK investors. It comes out of the returns and lessens the funds that are otherwise available.
Andrew Selous (South West Bedfordshire) (Con)
My right hon. Friend is making an excellent speech and I am listening with great interest. Is there not a further point in that, given that the Government have just started rolling out auto-enrolment, many lower paid workers across the country have a real interest in the health of the fund management industries for their pensions, and probably want their money managed in the UK rather than Luxembourg?
Greg Clark
My hon. Friend makes an excellent point. He is absolutely right. Already 81% of investors in UK funds are pension funds or insurers, meaning that people’s income in retirement is impaired and fewer funds are available for investment in the real economy. Two-thirds of individuals approaching retirement are contributing to a pension fund from where these charges are taken, and the introduction of automatic enrolment will mean that many more ordinary working people will be saving into a pension for the first time and will be affected.
So there is a double imperative to act now to correct this situation in which funds are moving from being domiciled by choice in this country to overseas. First, any continuing loss of competitiveness by the UK fund management industry risks destroying, possibly for ever, the critical mass and prominent global position that the industry has had. Secondly, we are on the cusp of a once-in-a-generation opportunity for the UK fund management industry, and, with it, the UK economy, because in July the EU’s alternative investment fund managers directive comes into force, creating a much more effective single market across Europe in fund management. It is estimated that €250 billion of funds may be available for the UK, and other competitors, to play host to. That is to say nothing of the significant growth shown in the emerging economies, where a burgeoning middle class is looking to make investments for which the EU is an attractive home.
Greg Clark
I want to conclude now. I hope that the House will welcome, as commentators universally have, a significant boost to the competitiveness of a very important sector for jobs in every part of the United Kingdom. I hope that, having had the explanation, the hon. Member for Nottingham East will feel willing to withdraw the new clause and await the formal consultation, which will accompany next year’s Finance Bill.
Chris Leslie
You have to hand it to the Financial Secretary, because he managed to keep a straight face throughout that, but I can almost hear the thumping of those trading desks across the City of London as people are delighted at the largesse of a £150 million tax giveaway to those poor, downtrodden investment managers, who really need that helping hand just now. That £150 million is the same amount as the Government saved when they abolished the health in pregnancy grant—that was not a priority; making sure that they abolish stamp duty reserve tax on unit trust transactions is where that £150 million had to go. That is completely crazy. They cannot even agree to a distributional analysis because they know that it is the wealthiest in the society who benefit from this. Therefore, we shall be pushing new clause 11 to a Division.
Question put, That the clause be read a Second time.
Tim Loughton
I beg to move, that the clause be read a Second time.
I am delighted to have the opportunity to speak to new clause 1, albeit very briefly. It is rather ironic that this issue has probably been one of the most over-reported aspects of this Finance Bill, when it was not even in the Bill and we have only a minuscule amount of time to discuss it. Many colleagues here would like to speak to the new clause, and many others have come up to me to express their support.
There has been a lot of misreporting about the new clause, which has commonly been referred to as some sort of “rebel” amendment. It is strange when a manifesto commitment, which was also in the coalition agreement, to a measure of which the Prime Minister himself is a huge fan, becomes a rebel amendment. We are not rebels. There has been no campaign to orchestrate some sort of rebellion; in fact, there was never any intention to force the new clause to a vote, as anyone who had asked would have found out. New clause 1 is simply a helpful amendment, tabled solely in my name, to nudge the Chancellor to give a formal commitment in law to a Conservative party pledge—a popular one at that—and to name the day, and so dispel the concerns caused by vague references to the measure being introduced “in due course”.
The measure was good enough to be in the Conservative party manifesto. It was good enough to be argued out in the coalition agreement, with accommodation for the Liberal Democrats. It has been good enough for the Chancellor and Treasury Ministers and the Prime Minister quite rightly to reaffirm its importance, so surely it must be good enough to get on with now, to lay to rest any uncertainty about the commitment to its implementation and to end any delay in its becoming a reality. I am therefore delighted, even if I have little time to express my delight this evening, that the Prime Minister has indicated that the measure in the new clause will now be brought forward. I hope that the Minister will be able to assure me from the Dispatch Box this evening, or, if there is no time, by writing to me and other hon. Members, that the measure will be in the next autumn statement, with a view to putting it in the next Finance Bill, so that, hopefully, the money will be in people’s pockets by the time of the next election.
I have framed the new clause to give the Chancellor maximum flexibility to determine the exact details of its execution. Spouses, civil partners and indeed the beneficiaries of same-sex marriage, if that Bill goes through, will qualify. There is no prescription about whether the provision applies to basic rate or higher rate taxpayers, or whether the whole or part of an allowance should be transferable. That can be specified by order to suit the Chancellor. It is suggested that the tax relief should focus on couples with at least one child under the age of five—that is, under school age—and therefore correspond to the child care allowances to be introduced from 2015, but that, too, can be changed by order. This is not a prescriptive amendment.
What is uncertain is the timing. I hope that the Minister will be able to confirm what the Prime Minister said in the briefing that he and officials gave on the other side of the world that the measure will be in the next Finance Bill.
Perhaps the most extraordinary aspect of this debate has been the reaction of the left to the proposal. This is a popular proposal, and a modest one. It is popular among the public and among the majority of Labour voters. The Lib Dems are split on it, but one would expect that: it is party policy to oppose it, but only recently the Business Secretary attacked the prejudice against stay at home mothers. When we have an organisation, Don’t Judge My Family, apparently formed solely to oppose the measure, saying that it is a throwback to a 1950s fantasy family image, that is deeply insulting not only to the many millions of married couples who decide to make a lifelong commitment to each other in front of their families and friends that is recognised in law, but to the 90% of young people and the 75% of cohabiting under-35s who in recent opinion polls have said that they aspire to get married.
There are many different forms of family in the 21st century, and most do a fantastic job of keeping together and bringing up children, often in difficult circumstances, yet almost uniquely among large OECD countries, the UK does not recognise the commitment and stability of marriage in the tax system until one of the partners dies. Worse still, one-earner married couples on an average wage with two children face a tax burden 42% greater than the OECD average, and that gap has been getting worse.
So to introduce a recognition of marriage in the tax system, particularly in the modest form suggested, is not to disparage those single parents who find themselves single through no fault of their own, perhaps as a result of having had an abusive or deserting partner, nor is it to undermine two hard-working parents, all of whom get help and support from the state in other forms, and quite rightly. But uniquely, married couples, civil partners and same-sex married couples in future are discriminated against in the tax system.
Jim Shannon (Strangford) (DUP)
I thank the hon. Gentleman for giving way and I am conscious of the time. Like him, I passionately believe in marriage, as do my constituents in Strangford. They are keen to see the benefits for their families and their children in Strangford, across the whole of Northern Ireland and in the United Kingdom. Does the hon. Gentleman have an assurance from the Government that the time scale will be met? In other words, will the marriage tax allowance be delivered before the next election?
Tim Loughton
I very much hope so. That was the clear indication that the Prime Minister gave in his briefing in Pakistan. I very much hope that the Minister will be able to confirm, because the timing of the measure is important, that it is not something that will be done “in due course”, but in the next Finance Bill.
Tim Loughton
I briefly give way to my hon. Friend, who has been a great champion of this measure for many years.
Sir Edward Leigh
Not just the Prime Minister in a faraway place, but the Chancellor of the Exchequer, in my own home, not 300 yards away, in front of 40 MPs, gave a solemn pledge that this was going to be brought in before the general election. This will and must happen.
Tim Loughton
So the mystery is why on earth it is not happening and the Prime Minister has not been able to say, “We back this amendment.” However, I trust what he has said. Those I do not trust are those who oppose the amendment, because those who oppose it as some sort of 1950s throwback are the ones who are being judgmental about how certain people choose to live their relationships. That view has been endorsed on many Labour party members’ blogs. Disgracefully, they seek, in effect, to pit working mums or dads against stay at home mums or dads, who are of course no less, and often more, hard-working.
My support for a transferable married couples tax allowance has never been based on some moral stance on types of relationship. My concern, as might be expected, is based on what is best for children. That is why I have suggested that it is limited in the first instance to families with children under the age of five. Two statistics say why. For a 15-year-old living at home with both birth parents, there is a 97% chance that those parents are married. For a five-year-old with parents at home, there is a one in 10 chance of those parents splitting up if they are married, but a one in three chance if they are not married. The cost of family breakdown is £46 billion and rising. That is what we need to attack.
Marriage accounts for 54% of births but only 20% of break-ups among families with children under five. We must recognise that in the tax system and we do not. That is what this modest amendment seeks to put in statute as a starting point to appreciate that.
Andrew Selous
My hon. Friend is making an excellent speech. Does he agree that we encourage many things in the tax system—for example, employees cycling to work? It is therefore no great surprise that we want to support marriage, given the number of families that split up each year.
Tim Loughton
And marriage was invented before bicycles, so why do we not support that, recognise it and value it, as we all do?
There are those who have come up with arguments against the figures, saying it is all about causation and effect. The millennium cohort research revealed that the poorest 20% of married couples are more stable than all but the richest 20% of cohabiting couples, so it is insulting to say that marriage is the preserve of the middle classes or better educated or better-off people.
This amendment alone will not solve all the problems that I have laid out. I am not naive enough to suggest that £150 or whatever the end result may be when this amendment becomes law in some form, as we hope, represents the difference between staying married or getting divorced, or getting married or cohabiting, but it does send a clear and strong message that we value families who take the decision to bring up their children within marriage. When I stood on our manifesto in 2010, and for many years before, my Front-Bench colleagues agreed with that. My amendment makes that a reality, beyond all doubt.
Mr David Burrowes (Enfield, Southgate) (Con)
Is it not also a matter of fairness and social justice, because the Institute for Fiscal Studies has shown that 70% of the benefit of a transferable tax allowance would go to those currently on the lower half of the income distribution scale?
Tim Loughton
My hon. Friend is absolutely right. I think that that dispels many of the myths being put around against the measure.
I hope that the Minister will take the new clause absolutely in the way it was intended. I do not intend to force it to a vote. I think that the Prime Minister has acknowledged the imperative of getting on with it now. I hope that, at last, our constituents can expect to benefit from the proceeds before the next election, both financially and with regard to our clear commitment to marriage, and that we can benefit from delivering on a popular, practical and achievable pledge, rather than the promise of jam in due course. If we can do that, it will be box ticked, job done.
Madam Deputy Speaker (Dawn Primarolo)
Order. Mr Leslie, please ensure that you leave time in the debate, which will end at 8.19 pm, for the Minister and perhaps some Back Benchers as well.
Chris Leslie
I will be very brief. I want first to pay tribute to the hon. Member for East Worthing and Shoreham (Tim Loughton). I have to hand it to him: he has got the Government jumping around and on the run on this issue. However, I am afraid that the Opposition are not convinced that the millions of people who are separated, divorced, or indeed widowed, would benefit from this policy, let alone those married couples where both partners work. I am all in favour of marriage, and Mrs Leslie might at first glance like the idea of the £150 give-away, but because she works and earns above the personal allowance, it would not be of benefit in our circumstances.
Chris Leslie
I would rather hear from the Minister.
I think that the right hon. and learned Member for Rushcliffe (Mr Clarke) was right when he called this policy social engineering. He said that when he joined the Conservative party it was opposed to it. The hon. Member for East Worthing and Shoreham seems to have got a commitment that something will be done in the autumn, and we will hear what that happens to be in a moment. In a nutshell, the Opposition’s view is that if there is to be a tax break, it should be for all families, not just a select few, and for all households on lower and middle incomes. That is where tax breaks ought to be focused. I want to hear what the Minister has to say.
Mr Gauke
My hon. Friends will be aware that at the last election the Conservative party set out a policy of allowing married couples and civil partners to transfer up to £750 of unused tax-free personal allowance where the recipient is a basic rate taxpayer. They will also be aware that two points in the coalition agreement are relevant to this debate: first, our commitment to increasing the personal allowance to £10,000, to be prioritised over other tax cuts; and secondly, the provision for Liberal Democrats to abstain on Budget resolutions introducing transferable tax allowances for married couples without prejudice to the coalition agreement.
I want to be very clear that the Government support the principle behind the new clause proposed by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). We are committed to recognising marriage in the tax system. As we have made clear, and indeed as my hon. Friend the Member for Gainsborough (Sir Edward Leigh) has pointed out, we are committed to legislating for that in this Parliament. The Prime Minister has made it clear that we will be announcing our plans shortly.
I know that my hon. Friend the Member for East Worthing and Shoreham wants us to be specific on implementation. I can assure him that we want to implement this at the earliest opportunity. Of course, recognition of marriage involves a new attribute to our income tax system, requiring Her Majesty’s Revenue and Customs to link married couples in a way that does not currently happen. That is deliverable, but I am not going to set out a timetable today. Once we are able to make an announcement on timing, the Chancellor will do so, but I repeat that we want to do this as soon as possible.
There are some differences between the Conservative party’s position at the last election and new clause 1. The new clause is targeted at a subset of married couples—those with children under the age of five—and does not limit the amount of the allowance that could be transferred, although it gives the Chancellor the ability to restrict that by order. However, it does not apply any income limits or restrictions on the rate of relief, which means that it could provide double the benefit to those paying tax at the higher rate. Obviously we want to make sure that this is well targeted.
There are some specific points about new clause 1 that would need to be addressed regarding the measure of income, the definition of “child”, and the date of election set out in new section 37B(1)(c). However, I assure my right hon. and hon. Friends that we are considering these points in great detail and that an announcement of further details on how we want to take this measure forward will be made by my right hon. Friend the Chancellor in the months ahead.
I hope that my hon. Friend the Member for East Worthing and Shoreham is satisfied with those reassurances and that he feels able to withdraw new clause 1 now that I have put on record our commitment to and belief in legislating for this and our desire to implement it at the soonest opportunity.
Mr Frank Field (Birkenhead) (Lab)
Had we voted on the new clause tonight, I would have voted for it. I encourage the Government to be much more ambitious in the review that they are undertaking. The new clause is about how we maintain greater tax equity between households with two earners and those with one earner, whichever sex those earners may be.
When the Government abolished child benefit for higher rate taxpayers, they did an injustice to the tax system. May I briefly recall why? The background to this, which you will remember, Madam Deputy Speaker, is that we used to have family allowances and child tax allowances. The tax allowance and the benefit were merged into the single payment of child benefit. Child benefit then had two functions: it was a cash payment to mothers but it also maintained tax equity between people further up the income scale who have children and those further up the tax scale who do not have children. By abolishing child benefit for higher-rate taxpayers, the Government forwent the one instrument at their disposal to maintain tax equity for higher-rate taxpayers between those who have no children and those who do have children.
Might I make a plea to the Minister? When the Government undertake the review about the workings of this measure, will they extend it and rectify the injustice whereby in abolishing child benefit for higher-rate taxpayers they abolished the tax-free income for higher-rate taxpayers if they had children and therefore put them on the same level as people who do not have children? We never had that in the tax system before; we have had it in the past couple of years.
Mr Stewart Jackson (Peterborough) (Con)
The House will know that I led a debate on this issue in Westminster Hall on 28 November last year. I, too, pay tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and others who have been so stalwart in this campaign.
Perhaps the right hon. Member for Birkenhead (Mr Field) will have a word with his Front Benchers, because this is about social justice and redistribution. It is about a transferable allowance for married couples disproportionately benefiting those in the lower half of the income distribution much more than under the current policy of encouraging the personal income tax threshold. That is a fact.
The “make work pay” argument is very important too. Transferable amounts would help to make work more rewarding for many of the poorest in society. Moreover, we are out of line, on international comparisons, in not supporting the family.
Those are important issues and this is a big subject. I am sorry that the Minister’s speech was so short, but delighted that those on the Treasury Bench have seen fit to give us these assurances. We will hold them to their word.
Jim Shannon
Transferable allowances work by families claiming against them for the previous year. Thus this year’s Finance Bill makes provision for transferable allowances for the financial year 2014-15. People will not be able to claim against them until the financial year 2015-16. I will be seeking from the Government an assurance that that will be addressed this year so that it can happen.
Sir Edward Leigh
This is simply a matter of justice. There are 2 million families where one partner is working and the other is not. They are uniquely disadvantaged in the benefits system, and it is a matter of justice—let’s do it.
Mr Gauke
I beg to move, That the Bill be now read the Third time.
The Finance Bill 2013 delivers the Government’s commitment to creating a tax system that is fair, that promotes growth and competitiveness and that rewards work. This Bill supports enterprise, helps families and ensures that everyone pays their fair share of tax.
We should pause for a moment to remember the background to the Bill. The Government inherited the largest peacetime deficit since the second world war, a deficit we have already reduced by a third over the three years since 2009-10. During this time, more than 1 million new jobs have been created by British business. We have had to make some tough choices, but the results show that we are making the right choices. The Government are leading the road to recovery—to putting the economy back on course—and this Bill continues that agenda.
Mr Russell Brown
Does the Minister recognise that the 1 million jobs that have been created are allocated disproportionately across the UK? My local authority area has lost 2,000 private sector jobs and the average wage has now fallen 24% below the national average. Some areas are hurting.
Mr Gauke
It was not that long ago that we were told that the reductions in public sector employment would not be met by new jobs in the private sector, but they have been met many times over. The reality is that we have an astoundingly good record on job creation over the past three years, despite the fact that the economy has faced significant challenges.
This Government have established a corporate tax system that attracts international investment to the country and that encourages UK businesses to grow. Corporation tax will be eight percentage points lower in 2015 than the levels we inherited in 2010. This Bill cuts the main rate to 21% next year and 20% the year after, which will give us the joint lowest rate in the G20, the lowest of any major economy in the world and the lowest rate this country has ever known.
The Bill does that alongside separate action to incentivise activity across the economy. It introduces a new above-the-line credit for large company research and development investment, provides reliefs that are among the most generous in the world for the animation and high-end television industries, and gives long-term fiscal certainty to the oil and gas industry on decommissioning tax relief.
Mr Stewart Jackson
There was no time to debate new clause 3 on air passenger duty so I will not speak to it, but will the Treasury continue to review the effects of APD on the travel industry and the wider economy?
Lady Hermon (North Down) (Ind)
I am grateful to the Minister for taking a second intervention so soon after the first. Does he realise that APD is particularly damaging to the ambition of rebalancing the economy in Northern Ireland, especially when there is such a low level of APD just over the border in the Republic of Ireland? Will he undertake to look seriously at the issue with regard to Northern Ireland?
Mr Gauke
The hon. Lady will be aware that we have made a number of concessions in that area with regard to Northern Ireland and I say again that we will keep those matters under review.
The Bill will support a wide variety of sectors, encourage innovation and send the clearest possible signal that business is welcome in the UK.
The Government’s strategy is underpinned by our commitment to fairness. The Bill will reward hard work and help families with the cost of living. It will lift an additional 1.1 million individuals out of income tax with the largest ever cash increase to the personal allowance. The allowance will be set at £9,440, making assured progress towards the longer-term objective of making the first £10,000 of income free from income tax. That objective will allow people to keep more of the money that they earn.
I should not have to remind hon. Members that the Bill keeps fuel duty frozen, nor that it removes a penny from beer duty. Those measures will make a real difference and support individuals on low incomes who want to get on.
We are taking steps to ensure that those with the most contribute the most. We have introduced a charge on owners of high-value properties placed in a corporate envelope, along with an extension of capital gains tax on the non-natural persons disposing of those properties. We are targeting reliefs appropriately. The cap on the previously unlimited income tax relief and the reduction of the pensions tax relief lifetime and annual allowances are significant in ensuring that everyone pays their fair share.
We have taken significant action to crack down on tax avoidance and evasion. The Bill legislates for the UK’s first general anti-abuse rule, which provides a significant deterrent to abusive tax avoidance schemes. Where they persist, it will give HMRC the tools to tackle them. Just because something is not covered by the GAAR does not mean that it will not be addressed in other ways. We have closed 15 loopholes that have been used to avoid tax, and strengthened the successful disclosure of tax avoidance schemes regime. Since its introduction in 2004, more than 2,000 tax avoidance schemes have been disclosed to HMRC. The changes made in the Bill will improve the information that promoters have to provide to make it even more effective.
Our position is clear: non-compliance and contrived tax arrangements will not be tolerated. The Bill will help to reduce the tax gap, make the law robust against avoidance and optimise our operational response.
Jonathan Edwards
The Minister will be aware that the Silk commission on Wales stated that the Finance Bill would be the appropriate legislative vehicle to implement its findings. Those findings have not been implemented in the Bill, so what legislative vehicle will the Government use to implement the Silk report when they respond?
Mr Gauke
As the hon. Gentleman says, the Government will respond to the report in due course. Further details will be provided at that point.
On simplification, we continue to shape the tax landscape. A tax system should be easy to administer and to understand. To that end, the Government set up the independent Office of Tax Simplification in 2010. I pay tribute to the invaluable work that it has done. The Bill takes forward the recommendations from its review of small business tax. It introduces two optional simpler income tax schemes for small incorporated businesses and a new time-limited disincorporation relief for small businesses that feel that a corporate form is burdensome. Small businesses make a vital contribution to the UK economy and public finances, and these measures recognise that contribution. We have acted to provide certainty and clarity in other areas. The statutory residence test and the reforms to ordinary residence are a significant and welcome simplification of the tax code, if not a shortening of it.
Many of the measures in the Bill have been subject to extensive consultation and scrutiny—processes that are entrenched in the Government’s approach to making tax policy. The statutory residence test was consulted on three times between summer 2011 and February 2013. The Chartered Institute of Taxation said that that was a
“good example of how to make good tax law”
and we would agree.
The Government have shown their commitment to greater transparency and broadening the range of impacts that they consider. For the Finance Bill 2013 we published more than 400 pages of draft legislation, and we are grateful for the 400 or so responses we received. Through such engagement we have considered the views of interested groups and taxpayers, and we considered them further in Public Bill Committee with more than 49 hours of scrutiny—to some of us, it may have felt longer.
I thank all those involved in the Bill, whether officials, interested parties, parliamentary counsel, my hon. Friends the Economic Secretary to the Treasury and the Financial Secretary to the Treasury, Opposition Members, and Back Benchers, who all contributed to the scrutiny of the Bill. This Finance Bill delivers real reform, supports business and growth, upholds principles of fairness, rewards work, and demonstrates the Government’s commitment to creating a tax system that reduces the deficit and builds a prosperous economy. I commend the Bill to the House.
Chris Leslie
I agree with the Minister about one thing—it was certainly a long and well-scrutinised Bill. To elaborate on that brief moment of cross-party agreement, I, too, pay tribute to all Members who served on the Committee, the Clerks, and the officials who helped pull together a substantial legislative moment in the parliamentary calendar—albeit that the Bill does not do much to help the economy or do much good for the country at large. I am afraid the Bill offers just more of the same: carrying on regardless of the urgent need for action to stimulate our economy.
We know that the Chancellor, scarred as he was from the omnishambles Budget in 2012, decided to go in the opposite direction this year and produce a Budget that contained so little of any import or substance that the Government’s Office for Budget Responsibility said on page 42 of its Budget report, that the Bill would have
“no impact on the level of GDP at the end of the forecast horizon…these measures reduce GDP growth”
in 2013. It is a Finance Bill that sees the economy moving backwards.
This is in the context of a great deal of humiliation for the Chancellor, including the downgrading by not just one but two credit rating agencies. The cherished prize that was supposed to be at the heart of the Government’s strategy—retaining and defending that benchmark triple A status—is gone. Then, of course, as we saw in the most recent figures, there was the humiliation of a rising deficit, not a fall in levels of borrowing.
This Finance Bill has its priorities all wrong. The lowlights include there being little on growth, but yet persisting with the cut to the top rate of income tax. It means that the fortunate 13,000 people who earn more than £1 million a year will get a lovely, juicy tax cut of £100,000, while typical families will be £891 worse off this year on average because of the changes to tax and benefits introduced since 2010. There are failures in a number of different ways, but it has been particularly piquant this evening to focus on the Government’s largesse and the City tax cut to the stamp duty reserve tax that gives £150 million to the investment manager community.
Chris Leslie
I am not sure whether the hon. Gentleman is a former investment manager, but I wonder what his view is of that change.
Richard Fuller
I am grateful for the shadow Minister’s indulgence in allowing me to intervene, and to answer his question, no I am not. The hon. Gentleman mentioned the cut to the top rate of tax and the house tax that Labour wants to introduce. Yesterday, I sat through the debate on Report, and the Opposition Front-Bench speaker was unable to say whether, if Labour get into government in 2015, it would increase the rate of tax and introduce a house tax. For the record, will the hon. Gentleman say whether that is the intention of the Labour party, or is it again just fine words but no real meat?
Chris Leslie
Fortunately for the hon. Gentleman, but unfortunately for the rest of us, there are still two years of this Parliament to go. He has probably two years of employment left in his parliamentary career and although we think there should be a Labour Member in his seat, we will miss him.
In two years’ time, we will set out the detail in our manifesto. When the Conservatives are in opposition after the general election, we hope to implement a radical manifesto that actually does something to benefit our economy. Today, we would implement a mansion tax that would raise a significant sum that we would give away as a tax cut for lower and middle-income households with a new 10p band of income tax. Government Members struggle with this, but we will judge what needs to be in the manifesto in two years’ time when we can judge the needs of the economy.
Government Members think they already know what their fate will be in 2015, hence the Chancellor coming forward with his cuts programme for 2015 when any responsible Chancellor would be rolling his sleeves up this summer and getting on with bringing forward capital infrastructure investment and doing something to stimulate the economy now. There is nothing in the Budget, nothing in the spending review and, more to the point, nothing in the Finance Bill to help growth. Indeed, the most interesting measures are conspicuous by their absence. There is no mansion tax, although there is provision for an annual tax on enveloped dwellings, which usefully illustrates that it is feasible to move in that direction.
Lady Hermon
In an earlier intervention on the Minister I asked about air passenger duty. In the context of Northern Ireland, would the hon. Gentleman and his colleagues agree to reduce air passenger duty? Rebalancing the economy in Northern Ireland will be difficult to do if this matter is not addressed. Where do the Opposition stand on reducing air passenger duty more generally?
Chris Leslie
I am sorry that we did not have the opportunity to consider this matter on Report. I think it was given some consideration in Committee. I think we are still waiting for the Government’s review to come to fruition—I am happy to give way to the Minister if he wants to confirm that—and we need to see the evidence. If we feel that any changes in tax and in spending are necessary, we want to spell out clearly where we would get the resources to pay for them. The fact that the Government have ignored not just our advice—[Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Order. Can we stop the chuntering from Front Bench to Front Bench while someone is trying to speak? Minister, you were listened to in silence and with proper courtesy, so it would be good if you showed that same courtesy to the shadow Minister. Perhaps Ministers and shadow Ministers could pay attention rather than shout at each other.
Chris Leslie
Madam Deputy Speaker, I am grateful for your protection from the sedentary chuntering of Government Members. They ignore anything they hear, not just from the Opposition but from the International Monetary Fund, which has pointed out that this has been the slowest recovery for a century. There has been barely 1% growth since the 2010 spending review, and the Chancellor predicted there would be 6% growth by now. Living standards have fallen and many families are finding it difficult to make ends meet. Life is much harder.
Mel Stride
The hon. Gentleman mentions the important pursuit of growth. Will he enlighten the House on what happened to his party’s five-point plan for growth, including his commitment to a reduction in VAT?
Chris Leslie
We are desperately keen for the Government to bring forward any measures—whether measures on VAT or bringing forward capital infrastructure—that would stimulate growth. Any Chancellor worth his or her salt would have used last week’s statement in the House to make at least a passing reference to the importance of growth in the economy, but there was absolutely nothing, and the same goes for this Bill.
The problem is not just the neglect of growth and living standards; it is the Government’s failures on borrowing and the deficit, which should be to their shame. They have been totally unable to deliver the promises they made on deficit reduction. [Interruption.] The Minister of State, Northern Ireland Office can tell his constituents that the deficit was £118.5 billion in 2011-12 and £118.7 billion in 2012-13. Even he, with all his skill and acumen, can tell that that is an increase in the level of borrowing from that year to this. No wonder the Government find it an uncomfortable fact that they have failed on their promise and are not on course to balance the books in 2015 as they said they would. That was their solemn promise to the electorate. It is a busted flush.
This Bill is a reflection of the fact that the Government have no answers. They do not know where to go on this issue. It is time we had a Finance Bill to boost the economy, instead of the Government neglecting their duties to achieve strong and sustained economic growth. This Bill is bereft of the bold measures we need to kick-start Britain’s economy. The country deserves better. We oppose a Third Reading of this Bill.
Jim Shannon
I want to say a few quick words. I thank the Minister and his team for the hard work they have done during the passage of this Bill. They have made a valuable contribution. I also thank the Opposition for their contribution.
The Government have made a number of welcome legislative changes—they are in the Bill, so they will happen—on child care and family provisions. Like other speakers, I listened with great interest to what the Prime Minister said at the weekend. The subsequent confirmation from Downing street that transferable allowances would be introduced in the 2014 Finance Bill came not a moment too soon. However, I would have liked more positivity from the Government about the time scale for the married tax allowance in new clause 1 to be introduced. It would have been better to have had that opportunity, although we might get it yet.
Reference has also been made to the air passenger duty in Northern Ireland. We know how important it is to the economy—a point that the hon. Member for North Down (Lady Hermon) has made clear. There have also been contributions and input from the Minister for Finance and Personnel in Northern Ireland, my hon. Friend the Member for East Antrim (Sammy Wilson). That has enabled some of the work done in the Bill to suit the Northern Ireland Assembly and the people of Northern Ireland.
In conclusion, let me say on behalf of my party that I would have been happier with a positive commitment to the married tax allowance, although we might get it yet.
Question put, That the Bill be now read the Third time.
Business without Debate
HPV Vaccine
(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mike Freer (Finchley and Golders Green) (Con)
I am grateful to Mr. Speaker for granting me this debate on vaccinations against the human papillomavirus, otherwise known as HPV. My main aim is to raise the issue of the inherent inequality of the vaccination programme, which excludes men.
Discussing this issue involves raising topics that people often do not want to talk about, but such discussion is easier than having to deal with the illnesses and diseases that arise from not vaccinating. Embarrassment is preferable to the many cancers that are associated with HPV.
Let me begin by saying that it is important to acknowledge the success of the programme. Since its launch in 2008-09, it has successfully screened and vaccinated more than 80% of applicable girls. Last year the original HPV vaccine was replaced with the quadrivalent HPV vaccine, which provides protection against the two strains of HPV that cause at least nine in 10 cases of genital warts. Of course this added protection is above the primary purpose of the vaccination programme—to bring down rates of cervical and vaginal cancer in women. Men are, however, up to six times more likely than women to have oral HPV infection, thereby increasing the risk of cancers of the throat, neck and head.
Mr Mark Spencer (Sherwood) (Con)
I am pleased to hear my hon. Friend mention throat cancers in men. Will he address how much the treatment of such diseases would cost compared with the cost of the vaccine?
Mike Freer
Yes, I will raise the cost-effectiveness of the vaccine as compared with the treatment costs of many cancers, including oral or pharyngeal cancer, which is throat cancer.
In 2009, just after the HPV vaccination programme started, there were over 6,500 cases of these cancers, with 47% of penile cancers and 16% of head and neck cancers thought to be HPV-related. Today, however, overall rates of HPV-related cancer and warts should—should, I stress—subsequently come down in heterosexual men, because of so-called herd immunity.
Herd immunity is where men have sex with vaccinated women and thereby get protection against warts, as well as other cancers including penile, anal, oral and pharyngeal cancers. However, they get such protection only if they have sexual contact with UK-born women who have been vaccinated, or with Australian women or those of the very few countries that have had a mass vaccination programme.
Jim Shannon (Strangford) (DUP)
I congratulate the hon. Gentleman on securing this debate. Does he agree it might be better if we had a regional vaccination programme not only for England and Wales, but for Scotland and Northern Ireland as well, so we can address issues of education and intervention UK-wide first, and also globally?
Mike Freer
The hon. Gentleman makes a good point. On a small island such as ours it is important that men who are having sex with women, or men having sex with men, are having sex with partners who are vaccinated, and I believe that is a matter not just for England and Wales, but for the whole of the United Kingdom, and we would also then be setting an example for the rest of the world.
Herd immunity is valuable, but it is not foolproof for heterosexual men. I have mentioned that it is valuable where heterosexual men are having sex with vaccinated women, but men who have sex with men are not subject to herd immunity, and that is another element of inequality. Evidence from other countries suggests herd immunity will eventually prevent most, but not all, cases of HPV-related cancer in heterosexual men. There is still work to be done, therefore, on all men having vaccinations against HPV-related cancers.
Some HPV-related cancers are on the rise in the UK, despite the vaccination programme. Throat cancer has overtaken cervical cancer as the leading HPV-related cancer in the UK. Men who have sex with women who are not vaccinated remain at risk. This is of concern to men who, for example, have sex while on holiday or while living outside the UK, or who have sex with unvaccinated migrants to the UK—but men, straight or gay, remain at risk.
The current programme is inequitable, as those men who “stray from the herd” by having sex with unvaccinated women or men will remain at risk. That is why I am seeking a commitment for the HPV vaccination programme to be widened.
The key issue I wish to press is the health inequality in respect of gay men and anal cancer, an inequality perpetuated by the current vaccination policy. Gay men already experience poorer sexual health as a group; they are at an increasing and far higher risk of HIV and other sexually transmitted infections compared with the wider population. Rates of anal cancer in gay men are now equivalent to those for cervical cancer in women before the cervical cancer screening programme was introduced in 1988. HPV is associated with 80% to 85% of anal cancer in men, yet it is not yet possible to screen for or effectively treat anal pre-cancer, as it is for cervical cancer; HPV vaccination is the only effective form of prevention, and it is being denied to men.
Gay men with HIV are particularly susceptible to HPV-related anal cancer and as the number of gay men with HIV continues to rise year on year, so will cases of anal cancer, other HPV-related cancers and warts. In addition to having a disproportionate effect in HIV-positive men, HPV can increase the risk of HIV transmission. HPV can increase skin fragility and overt anal warts can bleed, which enhances the risks of acquisition or transmission of HIV infection. This health inequality between gay men and the general population will continue to widen as long as gay men remain unprotected against HPV. I stress this point as it relates to gay men, but it also affects heterosexual men who are equally unprotected.
Pamela Nash (Airdrie and Shotts) (Lab)
I congratulate the hon. Gentleman on making a powerful argument on a difficult subject. Michael Douglas, the actor, was given much criticism in the press recently for talking about these difficult issues. I know about this, because I had the HPV vaccine as a 17-year-old, so I am glad the hon. Gentleman has brought the matter to the Floor of the House. I just want to highlight the fact that this is an issue not only for homosexual men in terms of the vast health inequalities they have here in the UK, but for heterosexual men. Although we have a successful HPV vaccination programme for young women, we by no means have the whole herd vaccinated just yet.
Mike Freer
The hon. Lady makes a good point. Herd immunity is valuable only for those who are sleeping within the herd. Those who have sex outside the herd are at risk, and that inequality needs to be addressed.
The best way to protect all males against HPV-related cancers and warts would be to offer the vaccine to all boys aged 12 to 13, as well as girls, as part of the school-based immunisation programme. The vaccine is most effective when given at this younger age, before people start having sex and before exposure to the strains of HPV. Other countries are starting to do that; the vaccine is available for boys in a number of other countries, including Australia and the United States. I firmly believe that we should follow suit.
If we do not have a widespread vaccination programme for boys, at least, and as a bare minimum, gay men should be offered the vaccine when they first present at a sexual health clinic as men who have sex with men. That would match the current policy on offering hepatitis B vaccinations to gay men. Given the expense of treating HPV-related cancers and warts, there is a strong cost-effectiveness argument for extending the availability of the HPV vaccine. If the inequality is not a powerful argument, the cost savings to the Department of Health must be.
The Joint Committee on Vaccination and Immunisation inquiry that began last year is welcome, although little is known of the progress it is making. If the JCVI looks into the cost-effectiveness of vaccination initiatives, it will find that the case to extend the programme to boys is irrefutable.
Each HPV vaccination for the three-dose programme costs £260. Compare that with the lifetime treatment and care cost of an HIV-positive man or woman at £280,000 a year, the £13,000 cost of treating anal cancer, the £11,500 cost of treating penile cancer, the £15,000 cost of treating for oropharyngeal cancer or the £13,600 cost of treating vulval and vaginal cancer transmitted by an infected male. In 2010, the cost of treating anogenital warts was £52.4 million.
Mr Pat McFadden (Wolverhampton South East) (Lab)
I congratulate the hon. Gentleman on securing the debate. If the Minister and the Department are considering reviewing the vaccine in the light of his speech, may I ask the Minister whether she will also consider another aspect of this—that is, the number of young women who have had a severe adverse reaction to the vaccine? My constituent, Stacey Jones, received the vaccine five years ago and since then she has struggled with memory loss, loss of concentration, mood swings and a need for continuing treatment by the neurology department at the Queen Elizabeth hospital in Birmingham. Does the Minister accept that it cannot be an acceptable price to pay for what might be an otherwise beneficial vaccine programme if some young women undergo such a severe reaction? Will the Minister and her officials look into this to see how many other young women are in that position and whether changes can be made to reduce the number of young women who have had such a reaction or even stop it altogether?
Mike Freer
I am grateful to the right hon. Gentleman for intervening on me to ask the Minister a question and I am sure that she will answer it in due course. He makes a valuable point, however. I, too, have a constituent who had an adverse reaction to the vaccine and who is believed to have myalgic encephalomyelitis as a result. Statistically, such reactions might only be small in number compared with the benefits of the widespread vaccination programme, but he makes a good point in that it is important that the Department of Health tracks them to see whether a pattern emerges over time.
Mr Spencer
My hon. Friend is being very generous with his time. Is screening available on the NHS to prove whether someone is a carrier of HPV? If I presented myself to my local GP and asked to be screened, would such screening be readily available?
Mike Freer
To be honest, I am not sure that I can answer the question. I suspect, however, that if my hon. Friend presented at a sexual health clinic, the staff might be able to advise on what screening or tests were available to identify whether he is a carrier of HPV. It is quite common in men, so in all probability he is. He might want to visit a sexual health clinic tomorrow—if I have not frightened him too much.
I understand that the JCVI inquiry is limited to considering cervical cancer, which restricts the review to women and girls. I press my hon. Friend the Minister to confirm that the JCVI’s scope will be extended to include all HPV cancers so that we can look at how best to vaccinate boys, girls, women and men. The Department of Health must redefine the formal aim of the programme, because if it does not it will be compounding inequality and cost-ineffectiveness.
Males must be protected against the four strains of HPV. The herd immunity that will potentially result from the current programme is often used as a defence for not vaccinating boys, but that implicit intention of excluding men who have sex with men or men who have sex with women who are not vaccinated is simply not sustainable.
The inequality of health protection is obvious and so are the cost savings that I have identified. I know that the Minister will be as concerned as I am that that cost-ineffectiveness and inequality cannot be allowed to continue, and I look forward to hearing her confirmation that the scope of the review will be widened.
The Parliamentary Under-Secretary of State for Health (Anna Soubry)
I congratulate my hon. Friend the Member for Finchley and Golders Green (Mike Freer) on securing the debate and bringing this important subject before the House. He speaks, as ever, with considerable knowledge and makes a powerful argument. I would not expect anything other than that from my hon. Friend.
I shall not rehearse the statistics on vaccination— they were well explained by my hon. Friend—and the success that it has had in its take-up among young women. It has been a success. Seven million doses have been given so far in the United Kingdom, and we have achieved one of the highest rates of HPV vaccine coverage in the world, with 87% of the routine cohort of girls completing the three-dose course in the 2011-12 academic year. That contrasts with 35% take-up in America. The very low take-up in America explains why America has extended the vaccination to boys as well as girls; it is only 35% in girls.
As my hon. Friend explained most ably, because of the high uptake of HPV vaccine among girls, it is argued correctly that many boys are indirectly protected against HPV-associated cancers, such as anal cancer and head and neck cancers, as transmission of the virus between girls and boys should be substantially lowered. But of course, my hon. Friend is making the point that it does not protect men who have sex with men, and men who have sex with women who have not had the vaccine.
Jim Shannon
In my intervention on the hon. Member for Finchley and Golders Green (Mike Freer), I made the point about conducting campaigns regionally and UK-wide. Has the Minister had any discussions with the Health Minister in Northern Ireland, for instance, or the Health Minister in Scotland to ensure that we have a UK-wide strategy to address this issue?
Anna Soubry
I am going to repeat everything that has been said, and I agree; that is a very important point. As my hon. Friend the Member for Finchley and Golders Green argues, the vaccine does not protect men who have sex with women who have not been vaccinated, because they may have been in a country where the vaccine was not available to them. So I completely take the point, which is well made, and ask my officials to take it back to the Department.
As hon. Members know, the Department of Health is advised on all immunisation matters by the Joint Committee on Vaccination and Immunisation—an independent expert advisory committee—and our HPV vaccination policies are accordingly based on the advice of the JCVI. When the committee considered the introduction of the HPV vaccine in relation to cervical cancer, it did not recommend the vaccination of boys because with high vaccine uptake among girls, as is the case in the UK, it is judged that there would be little benefit in vaccinating boys. With the high uptake of HPV vaccine among girls, we would expect many boys to be indirectly protected against vaccine-type HPV infections and associated diseases, including anal cancer, head and neck cancers and penile cancers. However, the JCVI recognises that under the current programme, the same protection may not be provided to men who have sex with men, and of course men who have sex with women who have not had the vaccination.
Mr Spencer
I hope the Minister would recognise that, obviously, ideally we should be vaccinating boys who are pre-puberty, and at that stage we have no idea of their sexual orientation or whether they may fulfil their career abroad or in the UK, so we have no way to identify whether they are at risk.
Anna Soubry
I am going to struggle, because that is another good point. I always try to be honest when I come to the Dispatch Box and when hon. Members make good points—points that were made not only by my hon. Friend, but by the hon. Member for Airdrie and Shotts (Pamela Nash).
The point raised by the right hon. Member for Wolverhampton South East (Mr McFadden) is related to the actual vaccine, and I am more than happy to discuss that case, or any other adverse reactions of young women to the vaccine, with him. I am very sorry for his constituent, and I am more than happy to have that discussion with him and help in any way I can. He raises an important point.
As we have heard, in June 2012 the JCVI was presented with data on HPV infections and it noted that there is early evidence to suggest that the HPV immunisation programme in England is lowering the number of HPV 16 and 18 infections—the strains of HPV that are linked to these unpleasant cancers—in females in birth cohorts that have been eligible for vaccination.
I accept that the data are very limited on the prevalence of HPV infections among men who have sex with men, but we hope that research under way at University College London will provide more data and an age profile of HPV prevalence. HPVs, particularly types 16 and 18, are associated with the majority of anal cancers as well as cervical cancers, and to a lesser degree with penile, vaginal, vulval and head and neck cancers, but HPV types 16 and 18 predominate in cancers at those sites that are HPV-related. Data on the impact of HPV vaccination on infection at some of these non-cervical sites are limited.
The JCVI noted that the potential impact of HPV vaccination on non-cervical cancers would make the current HPV immunisation programme even more cost-effective, but it would remain the case that, given the expected effects of immunisation on HPV transmission and the indirect protection of boys that accrues from high coverage of HPV vaccination in girls, vaccination of boys in addition to girls was unlikely to be cost-effective. That argument, which we know is advanced, is combated by all that has been said by my hon. Friends the Members for Sherwood (Mr Spencer) and for Finchley and Golders Green, who urge us to consider the cost of treating someone who has one of these cancers.
Evidence for indirect protection would continue to be evaluated by the ongoing HPV surveillance programme at the former Health Protection Agency, now part of Public Health England, but the JCVI agreed that there may be little indirect protection of men who have sex with men from the current immunisation programme. Therefore, the impact and cost-effectiveness of vaccination strategies for men who have sex with men, with the offer of vaccination through general practice and/or at genito-urinary medicine clinics, needed to be assessed. In addition, data on the prevalence by age of HPV infections in men who have sex with men and in the settings where vaccination could be offered to them were needed to determine the potential effectiveness and cost-effectiveness of HPV vaccination of men who have sex with men. It would also be important to understand better the rates of HPV-related disease in men who have sex with men and the influence of HPV on HIV infection.
As we have heard, in August 2012, the JCVI issued a call for evidence from interested parties, including for information to inform a study on the impact and cost-effectiveness of HPV vaccination of men who have sex with men. Any new proposals for the vaccination of additional groups will require supporting evidence to show that this would be a cost-effective use of resources. The JCVI also asked the HPA, now part of PHE, to undertake that study. The study is under way and, once completed, will be considered by the JCVI, at the earliest in 2014. The Department will consider carefully the advice from JCVI, once the committee has completed its assessment.
Pamela Nash
May I reiterate the point the hon. Member for Strangford (Jim Shannon) made about the need to have conversations with ministerial colleagues in Scotland, Wales and Northern Ireland? As the hon. Member for Finchley and Golders Green (Mike Freer) argued powerfully, this is about homosexual men and men who have sex with men, but also about men who have sex with women who have not been vaccinated. It is important to have those conversations with the other nations.
Anna Soubry
I am grateful for that intervention. I was about to conclude by saying that it is only fair and right to acknowledge the powerful arguments that have been advanced by a number of hon. Members this evening. They have certainly caused me to take the view that I will not hesitate to contact the JCVI, as a matter of urgency, to raise all these important points with them. The committee is an independent expert body, and when it gives its advice to the Government, the Government are—quite rightly—bound to accept that advice.
Mike Freer
I am grateful to my hon. Friend for the commitment and the confirmation that the JCVI is now looking at this, but while we are waiting for 2014 and the results, can my hon. Friend confirm, if not tonight then in writing, that the Department of Health will give some guidance that sexual health clinics and GUM clinics can offer the vaccinations as an option before that becomes mandatory, should the JCVI recommend that?
Anna Soubry
I had thought that that was already the situation; but if I am wrong, I will not hesitate to agree to a quite proper, reasonable request. I think that I am wrong.
Mike Freer
My hon. Friend is being very generous. May I confirm that the vaccination is available only to men on private health schemes and that they have to pay for it?
Anna Soubry
Forgive me—it is available, but people have to pay for it. The point being made is that they should not have to pay for it. It should be available, like any other vaccination. That is a good point, and one that I am more than happy to take up.
These are all important and powerful arguments, especially when they are advanced on the basis of inequality, which should concern us all, wherever it may lie, and a good argument has been made that it is simply not fair on men who have sex with men that they should not have the same sort of protection as heterosexual men. If for no other reason, that demands that I make further inquiry.
I repeat—I am sorry to have to repeat it—the committee is an independent body, but it has such force and power that when it makes a recommendation, there is no debate or argument about it: the Government follow its recommendation. I am more than happy to take the matter forward and to make sure also, which is very important, that the committee’s recommendations and findings are made as soon as possible. At present, I am told that that will be in 2014 at the earliest, but it seems to be the sort of matter that requires everybody’s most urgent attention. I hope that is a positive note on which to finish.
Question put and agreed to.
Westminster Hall
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Wright Committee
(11 years, 4 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Graham Allen (Nottingham North) (Lab)
It is a great pleasure to serve under your chairmanship, Mr Crausby, in this debate about the Wright Committee.
In this country, we elect a Parliament, but we do not elect a Government. A Government without legitimacy must find that legitimacy elsewhere; in our case, they do so by taking over and running our Parliament. Almost all the problems of our democracy can be traced to that fundamental failure to have a genuine separation of powers. For example, the public, and even some Members of Parliament, see the parliamentary interest and the Government interest as one.
To be truly a pluralist democracy—one in which many independent and legitimate institutions interact—we need belatedly to tread the path of virtually every other western democracy and to be allowed directly to elect our Government. Only then will Parliament, free from Executive control and domination, be fully functional and fit to fulfil its purpose which, in Gladstone’s words, is not to run the country, but to hold to account those who do.
Until then, those of us who believe in building a broad-based democracy need to point out, not least to Ministers, that by dominating Parliament, the Government cheat themselves of an effective partner, as well as denying the people their separate legislature and their democratic voice. That system has been seen to fail over and over again, and we are still in the midst of it.
We need to recognise the changes that are necessary to get us to a different place, and part of the education and reform effort involves demonstrating how an effective Parliament could work. There is no better example of that than the work of the Wright Committee. Its creation was a fluke; its legitimacy—it was the first parliamentary Committee elected by MPs themselves in a secret ballot—was a miracle; and the timing of its report, which appeared just before the radical and never-to-be-repeated first year of a new Government, was fortunate. The strength of its cause, the determination of its members and the masterful maximisation of opportunity by its Chair led to some significant change.
However, although a tired Government, strong leadership and a radical Leader of the House meant that some change happened, the window soon closed. When the former Opposition came to power, they were soon taught it was their historic Executive duty to prostitute Parliament. Parties that come to power without an understanding of the power relationship between the Executive and the legislature are always doomed to follow that path.
Mr Philip Hollobone (Kettering) (Con)
I am following the hon. Gentleman’s speech with great interest, and he is making a powerful case. Page 27 of the coalition agreement, which brought the present Government to power, says in black and white:
“We will bring forward the proposals of the Wright Committee for reform to the House of Commons in full—starting with the proposed committee for management of backbench business. A House Business Committee, to consider government business, will be established by the third year of the Parliament.”
Why does the hon. Gentleman think the Government have not fulfilled their pledge, which is written in blood in the coalition agreement?
Mr Allen
I thank the hon. Gentleman for his intervention. I also congratulate him on being an obvious example of those colleagues in the House who put the parliamentary interest above the alternative Executive interest, and he is always courageous in doing so. He makes a good point about the coalition agreement, although I do not wish to intrude on private grief between the Conservative and Liberal Democrat partners. However, the Liberal Democrats were always great reformers when they had no chance of being in government. On many of these issues, I agreed very much with their views—even more than with the Labour party’s views. However, the appeal of those views seems to have lost its glitter for them in the past three years, as the seduction of being in government, and of being seen to be the leading personalities in the Government, has overtaken the desire actually to do something about this issue. The Labour party should take cognisance of that.
On the specific point about why the Government have done nothing, I will let the Minister respond, because he is better placed to do so. He will be able to tell us the ins and outs of why the problem has occurred and why nothing has happened. What we have seen is, however, part of the process of integration; it is almost reminiscent of the old show trials, in that people are put through the fire and made to recant. Sometimes they have to appear in the dock, holding up their trousers because their belt has been taken away, as in the 1930s movies of the reformed Communist party in the Soviet Union. However, perhaps the Minister is wearing a belt today—I look forward to finding out.
It is strange that the indignity involved here is crystal clear because, as the hon. Member for Kettering (Mr Hollobone) said, the words are in the coalition agreement. There is no room for equivocation in the words he read out, as the agreement says the changes “will” happen. None the less, the Minister, whom I have a lot of time for, and the Leader of the House get up in public to recant and deny; they tell us what their sins were and say they will not repeat them, even though their earlier words are written, as the hon. Gentleman said, in blood in the coalition agreement, which apparently governs the country. That is a great shame, because hard-won manifesto commitments and sacred commitments in coalition agreements between parties should not be cast aside lightly or quietly. One reason I applied for the debate was so that the House could see—should it wish to—why such a strong promise has been broken.
Those who believe in the parliamentary interest, as I and most other people in the Chamber do, need to prepare for the next opportunity. Opportunities are rare, but in 2015, when a new Government come to power, there will be a brief moment when further progress can be made on reforming the House. We should do that not in a starry-eyed way, but in the certain knowledge that if we press too far, the Executive will block any serious change. We need to be ready for incremental change, and we need leadership and commitment from various parties to make it happen.
The hon. Gentleman has tempted me to talk a little about the coalition. My assumption is that there will be an attempt before the 2015 election to differentiate the two coalition partners. I hope that the Conservative party takes the opportunity to restate its commitment to this issue, particularly as it may, in the past few years, have witnessed Parliament operating more effectively than at any point during my time in the House. I also hope that the Liberal Democrats will rediscover their tradition of democratic reform, which is much needed. I hope, too, that Labour party Front Benchers will see that just running the machine without an effective Parliament—that keeping Parliament down and placated —is choosing to tackle our nation’s serious problems with one hand tied behind our backs. Let us become an effective partnership, with Parliament doing its job and its duty of making the Government better.
The Wright process introduced much of which we can be proud, but still there is a great deal to be done. Many in the large 2010 intake of new Members thankfully take the progress for granted, but they should know that much of it was incredibly hard won, and was fought for over decades. It needs to be preserved and extended in the face of Executive power—a power that is unfettered by a clear constitution. That power will always try, when the opportunity arises, to regain total control over its parliamentary vassal and vehicle, if there are no bulwarks against that inevitable process to prevent the internalised culture in Whitehall from making its mark. That process has been made more difficult by the fact that the Government are a coalition. However, a return to one-party business as usual will bring a strong revival of Executive retrenchment and many people will be licking their lips at the prospect of putting Parliament back in its place where it belongs, to do what it is told. I speak not out of fantasy, but as one who served some time in the Government Whips Office and saw that process. I saw a clear demonstration of how that power is used against the parliamentary interest.
It is incumbent on all of us who believe in an independent Parliament to outline the next steps in the unfinished business of the Wright Committee and to help to formulate some proposals. Then, in the brief window after 2015, if all the other astrological conjunctions occur as they did at the time of the Committee, it may be possible to take a few more steps forward. First, however, let us celebrate and take a rare moment to savour some of the achievements.
The election of Select Committee members by MPs in a secret ballot, rather than their being appointed by the agents of the Government, was one of the biggest steps forward. Some new Members do not believe that things were ever done in another way. I warn them that they were, for my political lifetime, done differently, and that, if parliamentarians are not vigilant, those days could return. The second achievement was the election of Select Committee Chairs by MPs in a secret ballot of the whole House, meaning that they now speak for Parliament and their colleagues, rather than being awarded their chairmanship as a consolation prize for losing office, as often happened. That has led to a glimmer of an alternative path for parliamentarians who want to pursue a legitimate, respected and honourable trade as a member of the legislature, disdaining offers of office and feeling that their role is not to be in office, but to hold the Government to account.
Mr Peter Bone (Wellingborough) (Con)
The hon. Gentleman makes a powerful speech and I agree entirely with the gist of what he says, although I would probably be more adventurous than him by wanting to go a little further. In my view, the Chairmen of Select Committees are more powerful than many junior Ministers, but they are paid less. Surely a Select Committee Chairman should be paid an equivalent salary to a Minister.
Mr Allen
Select Committee Chairs, of whom I am one, regard their post as the most incredible honour—particularly now that it is awarded by colleagues. The quality of Select Committee work has improved immeasurably in the past few years. The quality of the reports, and the fact that Chairs speak not only for their Committees but for the House, mean that there is greater strength in what they say. Their effect as well as their status has improved. I can give only a personal answer to the hon. Gentleman, who is strident in his support of the parliamentary interest as opposed to the Executive interest, often at some cost to himself. For me, the honour of being a Select Committee Chair is a great thing, and I did not seek it for recompense. I would be happy to have a personal assistant for the Committee—not a Committee Clerk—because I would regard that as a greater advantage and help to me, in the job that I do, than the extra payment. I do not even know what that payment is, but perhaps we should all put those sums into a pool to strengthen the efforts of our Select Committee structure and build it even more strongly.
The final achievement, in addition to the election of Select Committee members and Chairs by secret ballot, without the assistance of the Government or the alternative Government to help Members decide, was the creation of the Backbench Business Committee, which enabled Parliament to get the smallest toehold to show that it can run even a small part of its own business with maturity and creativity. I commend the work of my hon. Friend the Member for North East Derbyshire (Natascha Engel), who chairs the Select Committee, and I am delighted to see her in the Chamber. She did not always agree with the direction of the Wright Committee, but she has turned herself into a central figure—whether she likes it or not—in the reform of the House of Commons. I congratulate her on the serious and mature approach of the new Backbench Business Committee. Everyone thought that if we had such a Committee, civilisation would collapse, but it has proved its case.
Perhaps above all, the Backbench Business Committee gives us the confidence to say, “We can do this; we do not need some unnamed civil servant”—I shall not name anyone, but they know who they are: the most powerful people in British Government who run the House of Commons. My hon. Friend can do her job capably, and Select Committee Chairs can run their Select Committees very well. The House should take confidence from the progress of the Backbench Business Committee and, instead of fearing that something might be lost, should use it as a base from which to build an ever-stronger and more independent House of Commons and Parliament.
What is the unfinished business? The main thing is the creation of a House business committee. Parliament is not allowed to set its own agenda, or even to be consulted on it, other than in the most ritualistic, formulaic way. Remarkably, the very Government who are meant to be held to account set the agenda of the institution that, theoretically at least, is meant to do that holding to account. If this were any other walk of life, the average High Court judge would throw out such an arrangement as counter to natural justice, but in Parliament we swallow the mythology and treat it as part of everyday life, without challenge. It takes centuries of self-deception to get normally intelligent people to swallow that without question, but we are now being given the opportunity, through the Wright Committee proposals, to question that seriously—perhaps for the first time.
I do not mean that the Government should not get their business. I am clear about that, as was the Wright Committee. We introduced stringent safeguards, up to and including the nuclear weapon enabling the Government to vote through the business statement if they ever felt the slightest bit challenged. It is not a weapon that we give the Government gladly, but it is there if they want to take it up. However, the Government getting their own business need not mean that Parliament cannot be properly involved and consulted on its own agenda. The Backbench Business Committee proved that that can happen without civilisation collapsing. The Political and Constitutional Reform Committee that I chair will report on that issue soon, and it is no secret that we shall try to propose ways forward—being co-operative, and being partners in the process—that will not make the Government anxious. Parliament might be the emaciated pet mouse of the 800 lb gorilla of Executive power, but we are ever conscious of how sensitive and highly strung our master is, so our proposals will not be too frightening—I say that to all Front Benchers listening attentively everywhere.
There is a lot more unfinished business beyond that of the House business committee. The Chair of the Intelligence and Security Committee is still not elected effectively and properly, for example. We are grown up enough, as many democracies are, to elect our own person. It beggars belief in this day and age that we are treated like children incapable of making decisions on such sensitive matters. My hon. Friend the Member for North East Derbyshire might want to say more in her contribution, but timetabling Back-Bench business for Thursdays lowers its status. A number of Members take the opportunity to go early. If we were properly respected, much, if not all, of that business would be taken at times when we could guarantee greater attendance in the House. That needs to be examined so that we can do that job properly.
Mr Hollobone
I am enjoying the hon. Gentleman’s speech immensely. He is making a good point about Thursdays, but of course it is not the whole point. In the early days, Back-Bench business on Thursdays often had a votable motion, and the attendance proved to be large, the votes were well supported and the debates much enhanced.
Mr Allen
There is a nuance in the debate on votable motions for Back-Bench business. In setting up the Backbench Business Committee, I certainly felt that we did not want to frighten the Government, and I was not in favour of votable business from the Backbench Business Committee. That now needs to be reconsidered, however, and I am sure my hon. Friend the Member for North East Derbyshire, who chairs the Committee, will mention that, too.
One area where we could perhaps make immediate progress is on having more votes on the recommendations of carefully put together, impartial Select Committee reports. The Select Committees of this House, which are now not the creatures of the Whips but are elected independently, should be capable of speaking for the House and making recommendations on policy, with some of the key recommendations heard on the Floor of the House. I hope we can take that matter further as part of the unfinished business of Wright.
Mr Bone
Is not one of the problems the fact that the Backbench Business Committee, under the excellent chairmanship of the hon. Member for North East Derbyshire (Natascha Engel), started off very well but that the Whips then got to work? The Whips did not give the Committee dates in advance, and they gave fag-end days when they did give dates—the last day of term or Thursdays. The new doctrine the Whips have invented is that, when a votable motion is carried, the Government can ignore it. The Executive are carefully downgrading something that was working very well.
Mr Allen
I am conscious of trying to make this new creation both effective and sustainable, and the hon. Gentleman tempts me to stretch the elastic a little. My fear is of breaking that elastic in the first couple of years of an innovative Select Committee, but I think now is the time to reconsider such things. He makes his point wisely and with great passion, as he is known to do.
Natascha Engel (North East Derbyshire) (Lab)
I am listening to the hon. Members for Kettering (Mr Hollobone) and for Wellingborough (Mr Bone), who were inaugural members of the Backbench Business Committee and without whose work the Committee would not be what it is today, but Thursdays, even though people think of them as fag-end days, are sitting days—they always have been, and they continue to be so. In fact, even on those days when debates are scheduled that are not on votable motions but are on topics of interest, the Chamber is packed in a way that we have not seen in previous Parliaments. That is because those debates have been chosen by Members themselves, and it is the act of taking responsibility for those debates that means the Chamber is very full and there is always a time limit on speeches.
We still have votable motions, including on Thursdays, and it is down to individual Members to ask for votable motions or general debates. How the Government or the Whips respond to those votable motions is down to them, and it is up to us as Back Benchers to hold them to account for the business that we have voted through Parliament.
Mr Allen
My hon. Friend makes a powerful point. In looking to improve around the margins some of the things that the Backbench Business Committee does, we should not miss the big picture. The Committee has been an incredibly powerful change, it is progress for the House and it gives us great courage and strength when considering what further the House could do. At the time of the recommendation, people were saying, “This is ridiculous. These people will be out of control. They will be doing pet topics. It depends who seizes control of the Committee, and it will be absolute chaos.” Well, people should look at private Members’ Bills if they want to talk about chaos—they are another issue that needs to be resolved and cleaned up. The Backbench Business Committee has proved that the House is capable of executing its own business and agenda responsibly and maturely, and it gives us great faith that that could happen in the proper context of a House business committee.
There are other things that we need to consider, and I have mentioned private Members’ Bills. What a shameful farce it is to talk to members of the public about the process for private Members’ Bills. The process has always been a farce, and it needs to be cleaned up so that the House can proceed with a small number of Bills—perhaps only three or four—that are guaranteed to be given a Second Reading and to go into Committee, if a majority in the House agrees. Such Bills could be voted down if the Government do not like them, but we should end the nonsense of talking stuff out, using procedural tricks and all the other stuff that just brings the House and Members into disrepute. Let us be honest about private Members’ Bills.
There are many other things. Early-day motions are political graffiti. The Wright Committee recommended that a number of motions could be used to secure Members’ debates on the Floor of the House. Again, there would be a small number of occasional debates, but early days could be found so that some credibility is restored to early-day motions, rather than their being used to buy off constituents who have raised a particular issue with their Member of Parliament and feel that signing an early-day motion will change something. Let us actually create a process through which we can change something where there is sufficient cross-party support for an early-day motion.
The Government’s abuse of petitioning also needs to be addressed. The Government have stuck their nose into e-petitioning and have misrepresented what it can do. They have tried to foist the consequences on to the Backbench Business Committee and the legislature. We should send e-petitioning back to the Government and say, “If the Government are petitioned, they must answer and respond.” If people wish to petition and e-petition the House separately asking for a proper debate, the House should take that seriously, but it should not be given a ceiling. Editors in newsrooms tell their journalists they have to pump up the numbers so that they can press the House to have a vote on something that is on their agenda; petitions should be given back to the people. The Government should separate from Parliament on petitioning, and we should address petitions in our own way internally. Hopefully, it will result in a number of debates taking place on which people have genuinely petitioned the House.
We also need to revisit the inadvertent squeeze on minority parties caused by the changes. The Wright Committee proposed that the Speaker be allowed to nominate one person to Select Committees. That power would be used wisely, I am sure, by the incumbent, who would ensure that minority parties were represented where they otherwise would not be.
The question of filling casual vacancies on Select Committees needs to be addressed, and will become ever more pressing as we approach an election and colleagues leave Select Committees, some to go into Government and some to defend a marginal seat a little more assiduously than they attend Select Committees. Some Select Committees are already experiencing that pressure. The question must be addressed now, and as the Executive control Parliament, they must address it, rather than letting it happen and then saying, “Look, these people can’t even fill the Select Committees.” It is the Government who cannot fill casual vacancies in Select Committees. Committee members are not elected. Those vacancies need to be filled—again, ironically—by the very people whom Select Committees hold to account.
I have two last items of unfinished business. One main item is pre-legislative scrutiny. We have invented pre-legislative scrutiny because legislative scrutiny is so pathetic. We have a new process, for which I was partly responsible, but it is a convention, so when very important matters come before the House, it is open to Government to ram them through. When the Government need to react to the media or tomorrow’s newspapers, they can introduce a Bill.
A classic recent example is the lobbying Bill, which will have no formal pre-legislative scrutiny. It will be rushed forward, even though my Select Committee considered the issue and produced a serious report more than a year ago. The Government have not replied to that report. They are pretty casual about replying—“There’s no real need; let’s just chill out and do it when we’re ready”—but given a couple of scandals, they react: “We’ve got to show we’re doing something.” Even though what they are doing has no relevance to the two cases that recently hit the headlines, they are ramming the Bill through quickly to get it into the sausage machine. Prostituting Parliament in that way will not make people respect the laws that are finally produced.
Pre-legislative scrutiny is important. It is not a nice add-on; it should be central business of this House, and in my opinion, it should be in our Parliament’s Standing Orders that as well as Second Reading, Report and consideration by the Lords, pre-legislative scrutiny should be mandatory unless the Speaker, in an emergency, says that it should not take place.
The final issue that needs to be tackled is Report. If there is a Member here who feels that Report is a good process and shows the House in a great light, I will gladly give way. It is shameful how Government and their administrators abuse the House of Commons by flooding the Order Paper with late amendments. Not content to do so on Report in the Commons, they then do the same in the House of Lords and when the Bill returns to the House of Commons. They are treating the House with absolute contempt. It is one of the hallmarks of our subservience to the Executive that we tolerate it and see it as a sensible way to do our business. It is not. It should be sorted out, and when it is, we may have a Parliament worthy of the name.
The Wright Committee did a great job. Tony Wright, the Chair, did an absolutely magnificent job of steering it. Its recommendations were not picked up by the then Labour Government—they were blocked—but we finally made some progress in the early days of the new Government. We must remember that next time: a solemn and binding promise agreed by not one but two parties—arguably, by three—has been broken.
Mr Allen
He affirms that that is the case, which I think is sad, and it proves how much work we all have to do if we get into government and do something with government other than just change the bums on the seats. There is an awful lot of work still to do, but the Wright Committee has made great progress.
As far as I am concerned, this debate should be a signal to those who believe that we should have a strong and independent Parliament that it is possible to win small victories, but we must ensure in the longer term that we continue to make our democracy into something with Parliament at the heart of it, where the parliamentary interest is separate, and hopefully separately elected, from the Government interest, which needs to be properly elected and legitimised. When that day comes, we will have two strong institutions working together. Our democracy will be stronger for it, and our nation will too.
Mr Peter Bone (Wellingborough) (Con)
It is a great pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Nottingham North (Mr Allen) on a powerful speech. I entirely agree with its content, so I shall go a little—in fact, a lot—further and faster. I think that his reluctance to do so is due to the fact that unfortunately, he has spent a bit of time in the Whips Office, which does something to dent the spirit.
When I first came to the House in 2005, I had a whole mound of mail, which I spent most of my time throwing in the bin. I opened an envelope, and there was a little book signed by the author, Graham Allen. It was an interesting book about the relationship with the Prime Minister: was he now actually the President? I could not put it down, and I have treasured it. It was nice to get it, but it was also a well-argued book.
One of the debates that the book raises is whether we should have separation of powers and an Executive that is completely independent of Parliament. On balance, I think that is a bad thing, because we have the wonderful opportunity, even if only on a Wednesday now, to ask the head of the Executive questions. There are still advantages to how our system works. However, the problem is that people in opposition who want to be in government or become Prime Minister can analyse things correctly and sensibly. When the current Prime Minister was in opposition, he produced a wonderful speech called “Fixing Broken Politics”, which I urge every Member to read. Everything in it is right. He decided how he was going to correct things. He is now Prime Minister, and none of those things have been corrected. I argue that in many cases, they have got worse.
There are a lot of things that we could easily do to bring Parliament back, even just a little. We can only move the pendulum back a bit at the moment, but one simple thing that we could do is restore Prime Minister’s questions to twice a week, and have one occasion on a Thursday. At the moment, Members come down late on Monday for a vote in the evening, and on Wednesday evening, after Prime Minister’s questions, they want to go. One thing that I have never understood is why so many Members work so hard to be elected and come to this place when, once they are here, all they want to do is get away from it. It is an extraordinary state of affairs. Regrettably, this debate is not particularly well attended. It should be packed. This is what parliamentarians should care about.
Thomas Docherty
May I suggest to the hon. Gentleman that what we lack in quantity we make up for in quality?
Mr Bone
As the hon. Gentleman and I recently slept together—[Laughter.] I must explain that a little; it was an attempt by the hon. Gentleman, my hon. Friend the Member for Kettering (Mr Hollobone), who is in the Chamber, another colleague and me to take a little power back from the Executive. We spent four nights sleeping outside the Table Office, so that we were first in the queue for presentation Bills. We presented about 50 Bills last week; we took that power away from the Executive, so that we could introduce Bills. One of the Bills that I introduced was for an allowance for married couples, which I did not realise that the Chancellor was to take up this very week. In a small way, doing such things achieves something, although it is ridiculous that we have to spend four nights sleeping in a small attic room to take a little power back for Parliament.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
The hon. Gentleman and my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) look at the minutiae of how things might get done, but what about the broad idea of considering private Member’s Bills on Wednesday afternoons, rather than on Fridays, so that Members do not have to disengage from their constituencies and stay here for matters that are prioritised by those who are in the ballot?
Mr Bone
I take the hon. Gentleman’s point. I would argue differently. Absolutely, we need to reform how private Member’s business is done. I do not like the idea of, in effect, reducing the amount of time Members are in Parliament, so I like sitting for 13 Fridays a year. We do not sit that often in the House, and I do not want to consider private Member’s Bills on a Wednesday if that means no one is here on a Friday.
If someone has a really important Bill, which the Member wants to get through but the Executive does not want to put on the agenda, it is incumbent on that Member to get other Members to feel passionately enough to turn up on a Friday. That is one of the hurdles that we should have to overcome; it should not be easy to get a private Member’s Bill through, but it absolutely should be possible, and it should not be possible merely to talk it out, as happens at the moment.
I do not want to speak for long, because other eminent Members wish to contribute, but I will run through some of the things that annoy me about how the system works. One is programme motions. When the Conservative party was in opposition, we routinely opposed programme motions; we thought they were the worst things because they reduced scrutiny, as happened to a terrible degree under Prime Minister Blair’s reign. Yet what have we done? We have come into power and made it 10 times worse. Every single thing, even if it is an amendment to the Scottish provisions for something or other, is timetabled, which is patently absurd. An important issue will be timetabled to such an extent that some of the amendments that we want to debate on Report will not be reached.
I tabled an amendment to the Marriage (Same Sex Couples) Bill, for example, proposing a referendum, but it was not discussed, because it was not reached in time. When a controversial issue is due to be discussed, it is a sure bet that there will be two statements on the same day, reducing the time even further. If statements are made, we should be able to go through the moment of interruption on a timetabled motion and add on the amount of time taken by the statements.
I would move away from programming; the House is quite capable of running its own affairs. We would not be sitting to 4 o’clock in the morning every night, but if an issue needs proper discussion, we should let it be discussed; if Members want to be here, let them. I do not understand how we have allowed the Executive to make the House of Commons so ineffective that we do not scrutinise Bills properly. Without the House of Lords, most of the Bills would not get the proper, detailed scrutiny that is desired. I would get rid of programming at a stroke, which, in opposition, the Prime Minister indicated needed to happen.
The hon. Member for Nottingham North talked about only the election of Chairs of Select Committees, but we need the election of all Chairs of all Committees. Why on earth can we not do that? Why on earth does the Chair of the Statutory Instrument Committee, for example, have to be appointed? He or she could be elected.
Some key Committees absolutely need to be elected. The Committee of Selection is a farce; it is appalling that the Whips try to appoint its Chair. Earlier this year, we blocked an attempt to throw out the current Chair, but in general that Committee needs to have members elected by the whole House, and it should then do the proper job of selecting the membership of Committees and choosing Members who are interested in the Bill to be scrutinised. That would make a huge difference to how we work.
The Backbench Business Committee has done a tremendous job, and we are lucky to have its Chair, but the Whips are slowly undermining it—there is no question about that. We can have a vote on something in the House of Commons, but the Government might have said to their Members, “Please don’t turn up and please don’t vote.” It is not only the Executive who are wrong about this; the Opposition, or shadow Executive, also do not want to change anything, because they are planning to get into power and to behave in exactly the same way. That is one of the saddest things about how parliamentary democracy works at the moment.
We need a proper business committee, which should run the House on the basis of the Jopling priorities. The Government should have enough time to get their business through, but equally the Opposition should have enough time to scrutinise that business, and Back-Bench Members should have time to bring forward their own proposals. That is what we desperately need. I am agnostic on whether we keep the Backbench Business Committee separate or roll it into the business committee, but a committee for the business of the House must be introduced.
Mr Allen
I have heard evidence on the matter, and no one now wishes to change the Backbench Business Committee and roll it into a business committee. That was a thought in the original Wright Committee report, but experience has taught us a better way to do things—separately, electing both Committees.
Mr Bone
I am grateful to the hon. Gentleman for making that point, although he may hear one such wish, because I am not sure yet. I do not trust the Government or the shadow Executive on the subject. I think that they will say, “Because the Backbench Business Committee is great, that is doing Back-Bench business. The other committee, therefore, must be for the Executive”—a business committee would be an Executive one. That is the danger.
If we have a proper committee for the business of the House, it should have no members of the Executive or shadow Executive on it, it should be elected by the House and it should produce a timetable that is amendable and can be voted on—that might go a little further than the hon. Gentleman intended. That is the real way to do things. We are a grown-up place; if we are to be a Parliament, that is how it should work. Otherwise, perhaps we should go completely the other way and have separation of powers. At the moment, however, we have a pretend Parliament on so many different issues. It breaks my heart that, with rare exceptions, Parliament does not bite back.
Recently, we have had two good examples of how Parliament does and does not work. On same-sex marriages, because all the party leaders and their Front Benchers agreed with it, the Bill was rammed through Parliament without proper debate, and many amendments were not even reached. That was completely what is wrong with Parliament. The week before, we had the amendment to the Queen’s Speech, arising from a revolt among Back-Bench Members that had resulted, unbelievably, within the week, in the Government completely changing their policy on an issue, because Parliament had said, “This is what we want to happen.” We need more of that, and less of stuff being rammed through.
There is so much we can do, but I am disappointed, because I do not think we will achieve any of it. The Deputy Leader of the House will give us a wonderful explanation of why we have not had the business committee in three years. It will be an absolutely wonderful explanation and it will be, of course, total rubbish, because I know the reason why we have not had that committee. I know what the Government care about because of where I sit in the House of Commons. You probably know, Mr Crausby, that I sit on the second Bench, behind the Ministers and the Whips. Any time there is discussion of the business committee of the House, the Whips, including the Leader of the House and Chief Whip, say, “Over my dead body!” I assume that that is what the Deputy Leader of the House will tell us. The Whips are completely opposed to the idea of a business committee of the House—it is just not going to happen.
Thomas Docherty
The hon. Gentleman must have misspoken. Surely the Chief Whip could not have said, “Over my dead body” because it is on the record that the Chief Whip was a huge enthusiast in his previous job for a business committee and surely he cannot have changed his mind now that he is a Whip.
Mr Bone
I think we have answered the question then. It is a wonderful piece of magic that these things happen when people change their position. Having said that, however, if I was sitting on the second Bench on the opposite side of the House of Commons, the Labour Whips would be saying exactly the same as the Government Whips, and that is the problem. It is not as if the Opposition are pushing for a business committee; they are not. The Opposition are muted—they say nothing—and I am really sad about that. I hope that what the hon. Member for Nottingham North has said today highlights the problem and I also hope that colleagues take it up. There may be a window of opportunity at the beginning of the next Parliament, but at the moment I see that we are going backwards rather than forwards.
Mr Michael Meacher (Oldham West and Royton) (Lab)
I congratulate my hon. Friend the Member for Nottingham North (Mr Allen) on securing the debate and on his fine, principled and even visionary statement about how the House could and should operate. I do not think that there is anyone in the House with a longer or more robust record of wishing to see reform to parliamentary procedure, so it is a great pleasure to follow him.
On the key question of the House business committee, which is central to the debate, and to which my hon. Friend and the hon. Member for Wellingborough (Mr Bone) referred, the Government made it absolutely clear in their coalition agreement that such a committee would be introduced within three years—in other words by May this year, which is now two months ago. It is by far the most important of the Wright Committee reforms that have not been implemented so far.
One normally gets only two chances a year to ask a question to the Prime Minister, but I was called at the beginning of the year to ask him about progress on the business committee. The Prime Minister said that the matter was very firmly under consideration, so we would like to know from the Deputy Leader of the House why, after three years, these considerations are continuing to go on endlessly.
The purpose of the House business committee, as proposed by the Wright Committee, was, as my hon. Friend the Member for Nottingham North said so eloquently, to enable the House to gain control of its own agenda. At present, the Executive, under Standing Order No. 14, overwhelmingly control the use of parliamentary time, even following the creation of the excellent Backbench Business Committee. The Executive not only decide what business is put before the House, but the scheduling of that business.
The Wright Committee’s proposal was that the House agenda should be determined not unilaterally by Ministers, but rather by the House itself, working in collaboration with Ministers. Ministers would still have adequate time to carry through their own business—no one is challenging that—but the rest of the business should be not a matter for the Executive alone, but for the House as a whole.
The main reform recommended by Wright for that purpose was that the House as a whole should be able to vote on the agenda for the next week or weeks, rather than, as we all know is the case at present, the agenda being delivered to the House ex cathedra by the Leader of the House, although sometimes, of course, that is after prior consultation with the Opposition through the usual channels. I repeat again, because this must not be used as an argument against change, that that process would in no way prevent the Government—indeed, this could be written into the Standing Orders if necessary—from being able to bring forward all their business for proper debate and a vote on the Floor of the House, and within an agreed time scale, so there would be no threat to the Government at all. Instead, the aim was to ensure that the remainder of parliamentary business was managed in a way that required the consent of the House and that was not manipulated in a manner designed to suit the interests of the Executive.
At present, as has been said, Backbench Business Committee debates are invariably shunted to Thursdays. I am very glad that the Chair of the Committee, my hon. Friend the Member for North East Derbyshire (Natascha Engel), is sitting beside me, and it is perfectly true that those Thursday debates are well attended.
The Deputy Leader of the House of Commons (Tom Brake)
The right hon. Gentleman will be aware that 56 Members attended a Thursday debate about cycling.
Mr Meacher
Yes, but it is also true that when more controversial issues are discussed—although the great advantage of the Backbench Business Committee is that a lot of issues that would never arise in the House, but are of great interest to a significant proportion of the public, are debated—as the last vote is often on Wednesday at 7 pm, those debates are not sufficiently well attended to secure a vote that would properly reflect the balance of the whole House. Of course, many Members depart for other commitments on a Wednesday. That is their choice, even if many of us think that they should not do so, but the temptation to do so, because of the organisation of the agenda, is considerable.
Private Member’s Bills are largely marginalised because they are confined to Fridays, when most MPs are in their constituencies, and there is a high voting bar to secure Second Reading. Such Bills are also subject to severe time constraints, and they can be readily squeezed out due to filibustering on prior Bills taken the same day.
The Report stage of Bills is crucial, but it is often a caricature of scrutiny: inadequate time is allotted to consider extremely important issues; many Members—I will return to this point—are not properly informed about what they are voting on; and many significant amendments are simply not reached at all. Equally, Lords amendments, which generally focus on issues that are not only the most controversial, but the most important, are frequently not given the time and consideration that they clearly deserve. Given the time pressure, less important business is often given a measure of priority that could be challenged.
All those drawbacks and deficiencies could begin to be redressed by the principle of a votable agenda. I repeat that the Government would still command a majority in the House, but they would have to listen much more carefully to the strongly held views of Members, particularly when there was a consensus between the Opposition and Government Back Benchers. Crucially, it would introduce transparency into setting the agenda, which could involve all Members, not simply Front Benchers engaged in discussions through the usual channels behind the scenes.
The Wright Committee envisaged that the votable agenda motion would supersede Thursday’s business questions, and that it would be subject to debate and amendment, with the Speaker having the right to select and group amendments as happens now with other business. If an amendment was selected, it could be debated for up to 45 minutes, with time-limited speeches of perhaps five minutes. If no amendment was tabled, there could of course still be a question and answer session, which would be similar to what happens now.
Clearly a votable motion could be presented by the Leader of the House and amended via the formalities of open debate on the Floor, followed by a Division. However, the whole process of agreeing the business agenda—agreement is the key point—is likely to be far better negotiated, in a more inclusive and participative manner, if there have been detailed discussions between representatives of both the Executive and the legislature beforehand. Surely all Members must agree that openness is key to achieving better democratic accountability. Regular meetings—perhaps weekly—between both sides, in the forum of a House business committee, are much more likely to secure the outcome that the management of Government business is a genuinely shared process that is not subject to hidden traps that the House discovers only later, at considerable cost, as happens all too often at present. The object of the exercise is not in any way to aggravate the Executive or to contest votes, but to build a consensus. It is about involvement in the actual decision making for the scheduling of Government business, not merely the scrutiny of decisions already taken.
I shall say a quick word about how the House business committee might work, as several questions need to be settled. First, it should not pre-empt, incorporate or supersede in any way the excellent work of the Backbench Business Committee, which has been referred to strongly in the debate. That Committee has an entirely separate function and, by general consent, has fulfilled it extremely well. It has established the right of Back Benchers to debate issues that otherwise might never have been debated, which often does not accord with the wishes of either Front Bench team. That should continue and not become confused with the very separate role of specifically scheduling Government business.
Secondly, if the House business committee is not to be the usual channels writ large, it should not be chaired by either the Government Chief Whip or the Leader of the House. Since the essential characteristic of the chair should be exercising a non-partisan role, the obvious person to chair it would be the Speaker.
Thirdly, the membership of the House business committee—of course, considerable discussion of this issue is needed—should be equally balanced between the legislature and the Executive. In a Committee of 15 members, for example, the Executive could choose its own seven representatives, while the other seven might be composed of, say, three chosen by the Opposition parties and two elected by Back Benchers—in other words, excluding Front Benchers—with two ex-officio members, whom I would suggest could be the Chairs of the Liaison Committee and the Backbench Business Committee.
Fourthly, the secretariat would have to be provided both by the seconded civil servants who work for the Executive and by the Clerks whose broad role is to support Parliament in holding the Executive to account. Any disputes between them would have to be settled by the House business committee itself.
I want to make another key point very quickly. An utterly essential and fundamental way of improving the scrutiny of Government legislation is to ensure that Members have a clear and readily available opportunity to ascertain exactly what they are being asked to vote for when amendments or new clauses are considered in Committee and on Report. At present, especially on Report, Members who have not participated in the Bill’s Committee stage often do not know, or have made little effort to find out, precisely what they are voting for. Many times, when the bell rings and, like everyone else, I troop down the escalator through to the Palace, I turn to whoever is standing beside me, of whichever party, and ask, “By the way, what are we voting for?” Perhaps a third of Members shrug their shoulders. Another third say, “Oh it’s the Social Security Bill,” and when I ask, “Yes, but what exactly are we voting for?” I doubt that more than one or two Members actually know. I am guilty of that too—I am not being holier than anyone else, but that seems to be a huge failing.
This is a matter of great significance because Report is often the only real opportunity—especially if the Minister and Government Whip have kept the Committee stage of a Bill on a tight leash—for the House to modify a Bill. The debates on Report are usually focused on important issues about which the public hold strong views. It is a reasonable assumption that if the public were aware that matters of considerable importance to themselves were treated in such a cavalier fashion by many Members, if not most, and that they vote blind without even knowing what they are voting for, there would be a huge outcry that Parliament was abusing its proper functions.
If a Member is diligent—and some are—it is necessary to obtain a copy of the Bill, a copy of the amendments and, on the day of consideration, a copy of the grouping of amendments selected by the Speaker. Of course, a number of Members with a particular interest will do that but, in most cases, they will be in the minority. In the absence of obtaining the necessary documentation, applying it to understand the point at hand, which is quite difficult, and reaching a considered view—perhaps after taking account of arguments advanced by letter or e-mail from interested individuals or organisations—the default position is for Members to troop in, see on which side their Whips are standing, and just follow them into the Lobby like sheep.
Even if a Member took the trouble to get and read the relevant documents, however, it is often difficult for someone who has not been following a Bill closely to understand precisely what an amendment is designed to do. Some amendments—even important ones—may seem obscure to someone who is not familiar with the underlying arguments behind a Bill, and I think that that is a very serious flaw.
A key proposal to remedy that problem from the Wright Committee and the Parliament First all-party group, which I chair, is that every amendment or new clause tabled by the Government, the Opposition, the smaller parties or individual Back Benchers should have a short statement attached to it of no more than 50 words that explains the measure’s purpose. Those statements would be set out on the amendment paper, and one would appear at the bottom of every amendment.
Let me turn, for one minute, to the objections to that proposal—apart, of course, from those of the Whips, whose control over every aspect of the parliamentary process might begin to be questioned more. The only objection raised, as far as I know, is that while the Government have their civil servants to deal with amendments and to provide explanatory statements, the Opposition do not have the same resources, and adding a requirement for explanatory statements would impose too great a burden. To put it simply, I think that that is utterly untenable. It takes a great deal of time to get to grips with a new Bill, to consult outside experts over all its detailed aspects, to identify areas in which modifications need to be sought and to draft amendments in an acceptable parliamentary form. However, once all that has been done, drafting a short statement that distils the essence of the amendment would take no more than seconds. I hope that explanatory statements, as well as the House business committee, are something that the Government will look on favourably and introduce quickly.
Mr David Crausby (in the Chair)
Order. I want to call the first Front Bencher at 10.40 am, so I call Mr Hollobone to make a very short speech.
Mr Philip Hollobone (Kettering) (Con)
Thank you, Mr Crausby. The establishment of the Backbench Business Committee, under the outstanding chairmanship of the hon. Member for North East Derbyshire (Natascha Engel), has been a tremendous success and the outstanding advance of this Parliament. Gone are the days when the Chamber is empty for debates chosen by the Government. Whether the motions are votable or not, Back-Bench business debates attract keen interest, and the public want to see Parliament busy.
The Backbench Business Committee shows that Parliament can run its own affairs, which is why a House business committee should be established along the lines that hon. Members have indicated this morning. E-petitions need to be taken away from Her Majesty’s Government and given to Parliament. After all, the big green bag that sits on the back of the Speaker’s Chair is Parliament’s big green bag, not the Government’s.
The Committee of Selection needs to be elected by the whole House and its hearings need to be held in public. Hon. Members need to present themselves in front of the Committee, under the scrutiny of TV cameras, to justify their place on a Bill Committee.
This is my personal favourite. If we can hold the Executive to account, it does not matter where in the Chamber hon. Members sit. They should be able to sit on either side of the House, because Parliament’s function is not primarily to represent one’s party; it is to hold the Government to account on behalf of the constituents who elect us all.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am grateful, Mr Crausby, to have the opportunity to serve under your chairmanship. As I said to you last night, I think that this is the first time that I have had such a pleasure. I congratulate my hon. Friend the Member for Nottingham North (Mr Allen) on securing the debate. The discussion has been quite lively and thought provoking. Unfortunately, I do not agree with all his analysis, not least the point about separation of powers. There is an excellent book called “Plain, Honest Men”, which I commend to him. It is about the constitutional convention in Philadelphia. It is a thought-provoking book that gives some idea as to why the United States has a separation of powers between the Executive and the legislature, but like many things from the United States, it is in itself a reason not to go down that route. Parliament would be weaker if we separated our Executive from our legislature in the way that I think my hon. Friend was alluding to.
Thomas Docherty
That is a splendid offer. I look forward to receiving the book.
There are seven or eight points that I would like to respond to in the limited time that I have. First, this might be heresy to some colleagues, but the Wright report is not a panacea. There is now this mythology that somehow it got everything right. I think that it is about time that a reality check was applied to that. This Parliament has made huge strides towards modernisation, but not just because of the Wright report. There are three other factors that have changed the dynamic of this Parliament compared with previous ones.
One factor is the 2010 intake of Members. I do not say that just because that was my intake; we have seen that it has been the most rebellious of intakes. In the excellent blog by the right hon. Member for Wokingham (Mr Redwood), he busts the myths about some of the rebellions that have taken place on the Government side and he points out that some of the most effective and important rebellions were led by Members who were part of the 2010 intake. I am referring to the entirely sensible pushing back against the Deputy Prime Minister’s nonsensical ideas for House of Lords reform, the EU budget vote that took place and what happened on the EU referendum. Those rebellions were all led by Members from the 2010 intake. They have been much more effective and much more willing to challenge their own Government than perhaps was the case in previous Parliaments.
The second factor is Mr Speaker. I am a huge fan of the current Speaker. He has changed how Parliament engages with the wider public and the use of urgent questions. I think that in the last Session, there were 130 days on which an urgent question was granted to hold the Executive to account. That should be commended.
Thirdly—this is not a good change—there is the Independent Parliamentary Standards Authority. IPSA has changed how Members of Parliament operate. It has driven Members away from taking part in Parliament. I think that, so far, Professor Wright has failed to change IPSA now that he is a board member and that he needs to be held to account for that failure to curb IPSA’s worst excesses.
On Select Committees, I agree that we have some very effective Select Committees, but—I say this very gently—there has been a contradiction today. My hon. Friend the Member for Nottingham North applauded the fact that the choice of Select Committee members has been taken out of the hands of the Whips, but later he bemoaned the fact that keeping hold of Select Committee members as we get closer to the general election becomes harder and harder. This is a valid point. One problem that we have is that because they were elected by colleagues from their own party, many Members went on to Select Committees on the basis of their name. They arrived in the House in the 2010 intake with a reputation from outside and were elected on to Select Committees, but they have not been very effective performers in many cases. We must recognise the drawbacks.
If I may criticise the Committee chaired by my hon. Friend the Member for Nottingham North—
Thomas Docherty
May I just finish this point?
I think that the Committee chaired by my hon. Friend the Member for Nottingham North meets on the wrong day of the week, at the wrong time. It is an excellent Select Committee—he has mentioned its work on lobbying, for example—but unfortunately it clashes with the highlight of the week, which is business questions. I think that if he moved it off the Thursday morning, he would have many people coming before it or wanting to take part in it.
Michael Connarty
I just want my hon. Friend to clarify his criticism of those Members who go on to Select Committees. Is he suggesting that the Whips should put Members on Select Committees regardless of their aspirations?
Thomas Docherty
I thank my hon. Friend for his comment. My point is that this is a balancing act. We should not consider that simply having had an election has made the system better, because, as my hon. Friend the Member for Nottingham North said, some Select Committees are struggling to get quoracy because Members were put on them at the start of the Parliament and have lost interest, been promoted or whatever else. There is also a broader point about whether Front Benchers should routinely be allowed to serve on Select Committees. I think that, in the previous Parliament, that happened. Many members of what was then the Conservative Opposition served on Select Committees. [Interruption.] I am sorry, but on the Education Committee, the Defence Committee and others, there were Front Benchers who served, and there is merit in that, because Select Committees have more opportunity to learn about the intricacies of a Department than Oppositions do.
Thomas Docherty
I will not, because I am conscious of the time and my hon. Friend was given half an hour at the start.
I also disagree about the Intelligence and Security Committee. That must be dealt with by the usual channels, because of the very sensitive work that that Committee, by its very nature, undertakes. The Defence Committee struggled earlier in this Parliament, because, as we all know, there was a problem with one of its members. Not just our Government but other Governments refused to share information with the Defence Committee, because they believed that one of its members was unsound. We need to be very careful about the Intelligence and Security Committee and where we get to with that.
A number of points were made about things such as private Members’ Bills and early-day motions. Let me gently point to the fact that the Procedure Committee has either published reports or is in the process of publishing reports on those two issues. I say to the House that it is worth waiting just a couple more weeks until we get those reports.
The issue of the petitioning system was raised. I welcome the fact that the Leader of the House wrote just last week to both the Backbench Business Committee and the Procedure Committee to invite them to look at the whole petition system—both electronic and written petitions. Again, I refer to the three previous reports from the Procedure Committee about e-petitions. I hope that when the motion comes forward in my name and that of the Chairman of the Procedure Committee, the hon. Member for Broxbourne (Mr Walker), all Members will put it through on the nod to allow e-petitions that reach the threshold to be the subject of a Westminster Hall debate on a Monday afternoon. That worked pretty well in the last Session, and I hope that it continues.
On the House business committee, let me clear up the matter once and for all. As the shadow Leader of the House, my hon. Friend the Member for Wallasey (Ms Eagle), said in front of the Political and Constitutional Reform Committee just a few weeks ago, the Opposition remain deeply sceptical about the House business committee. Even after three and a half years, the Government have yet to come up with proposals. We therefore welcome the fact that on 20 June the Leader of the House confirmed—and provided some certainty in the debate—that the Government do not propose to bring forward a House business committee. It could be argued that this is a bit like the proverbial tree falling over in a wood. The Leader of the House has, by my estimation, now said three times that the Government do not plan to bring forward a House business committee, yet we continue to have a discussion about when he is bringing one forward, so we welcome that certainty.
My right hon. Friend the Member for Oldham West and Royton (Mr Meacher) made quite a lengthy contribution about explanatory statements. Let me gently point him to order 47 in the “Future Business” section of the Order Paper, which is in my name and the names of the Deputy Leader of the House, the shadow Leader of the House, the Leader of the House and the Chairman of the Procedure Committee. It precisely says that there shall be explanatory statements on a permissive basis and that the House will provide such assistance as is required. I hope that he will add his name to it. [Interruption.] It has to be permissive—I hope that I can eat into the time of the Deputy Leader of the House by 30 seconds—because there will be times when it is common sense that an explanatory statement is not required. I do not think that it requires the time or effort to produce an explanatory statement if all we are doing is changing a date, for example from “2017” to 2014”—to take a private Member’s Bill that may be debated. Furthermore, we cannot bind the Speaker’s hand so that he will accept only amendments for which there are explanatory statements. I gently refer my right hon. Friend to the Procedure Committee’s fourth report of 2012-13, which sets out why that is the case.
I am conscious that I am eating into the time of the Deputy Leader of the House. I commend the debate and I hope I have provided some clarity.
The Deputy Leader of the House of Commons (Tom Brake)
It is a pleasure to serve under your chairmanship, Mr Crausby, and to respond to this timely debate on the implementation of the Wright Committee’s outstanding recommendations.
We are in the third year of this Parliament, which provides an opportunity to reflect on the success of recent reforms and allows time to deliver further reform in this Parliament, where the case for such reform is made. Before addressing the points raised by Members, which relate to the outstanding recommendations, I would like briefly to reflect on what has been delivered, because there is a positive story to tell. The reform Committee made 50 recommendations in its report, and a majority have been implemented in full or require no further action—in other words, those cases where there was a statement of principle, for example. Specific achievements that directly relate to the recommendations include the election of Select Committee Chairs; the election of Deputy Speakers; the ability to debate substantive motions; the provision of Monday afternoons in Westminster Hall for debates on e-petitions, which I hope we are about to renew; the endorsement of September sittings; and, arguably the most important change, the establishment of the Backbench Business Committee.
In addition, I remind Members of the changes we have introduced for the scrutiny of legislation, which a few Members have suggested is wanting in some respects. Some of those changes were made in direct response to recommendations of the reform Committee. They include an increased number of multi-day report stages, so two days on Report is now common for major Bills, although I would not say that it was routine; the increased use of pre-legislative scrutiny, which Members welcome, with 17 sets of measures published in draft last session; and more time for scrutiny: most Public Bill Committees—nearly 80%—in the 2012-13 Session finished early. The changes also include successful pilots on public readings—for example, the Protection of Freedoms Act 2012, Small Charitable Donations Act 2012 and the Children and Families Bill; and successful pilots of explanatory statements on amendments, and I welcome the fact that that will proceed. I wondered whether the Opposition’s initial reluctance was because they were not certain what their amendments were going to do, but given that they are going to support explanatory statements, that is clearly not the case.
Thomas Docherty
Our concern was about not only the official Opposition, but individual Members and minority parties, which do not have the resources. We are not as well served as the Deputy Leader of the House is by his excellent civil servants.
Tom Brake
I agree and I understand the point. It was just a cheap jibe, to which the hon. Gentleman responded. The changes also include the use of social media by Select Committees during inquiries and meetings.
Having put on record some of the substantial achievements, I shall respond to some of the points made in our debate. I congratulate the hon. Member for Nottingham North (Mr Allen) on securing the debate. I do not share his rather apocalyptic vision of our parliamentary democracy. He knows that Parliament and the Executive are not separate. I do not believe, as he seems to, that Government are dominating Parliament. The Chair of the Backbench Business Committee, the hon. Member for North East Derbyshire (Natascha Engel), might have been slightly offended by that suggestion, because it is widely recognised that her Committee has grasped a substantial proportion of what was previously Government time and on the back of that initiated a series of important debates, a third of which have taken place on days other than Thursday. They do not always take place on Thursdays, but as she commented, Thursday is a sitting day. Many of us spent many years campaigning to secure our positions in Parliament, so one would expect Members to be willing to work or stay on Thursdays to participate in debates that take place then.
I think the hon. Member for Nottingham North encouraged me to push reform, if not in government then certainly in a future Liberal Democrat manifesto. David Howarth, who is no longer a Member of Parliament, did a good job of pushing that agenda when he was here, and he continues to do so. I am sure we will want to return to this matter in a future manifesto. We have achieved a substantial amount. The hon. Gentleman threw down the gauntlet to me—as did other Members, including the hon. Member for Wellingborough (Mr Bone) and the right hon. Member for Oldham West and Royton (Mr Meacher)—over the creation of a House business committee, and I will throw down the gauntlet gently in his face, to mix my metaphors. The Government’s position is that if there were a House business committee proposal on the table it would have to pass certain tests, and some Members outlined what those tests should be. The Government should retain control of their legislative programme, and the committee should respect the remit of the Backbench Business Committee; it should take into account the views of all parts of the House; it should retain the flexibility to change the business at short notice in response to fast-moving events; and it should co-ordinate business with the House of Lords, to which I do not think any Member referred. If any Members came forward with such a proposal, I am sure that other Ministers and I would want to look at it carefully.
Mr Allen
I accept all the tests that the Deputy Leader of the House has put on the table. I return the gauntlet unsullied, and with it I will send him the report by the Select Committee on Political and Constitutional Reform, which is under consideration at the moment, within a matter of weeks. Its recommendations meet all the tests and I will be keen to see the reforms move forward, and perhaps even the promise kept.
Tom Brake
I thank the hon. Gentleman for gently throwing the gauntlet back at me and I look forward to receiving that report, to which we will give considerable attention on publication. He also referred to the importance of pre-legislative scrutiny and said that it should be central to the business of Government. I agree, but there will always be circumstances in which that is not possible due to timing.
To some extent, the hon. Member for Wellingborough shared the apocalyptic vision of our failing democracy. I am glad that he explained why he had been sleeping with the hon. Member for Dunfermline and West Fife (Thomas Docherty). I welcome the Sunday columnist’s suggestion that the hon. Member for Wellingborough might be a Liberal Democrat plant, campaigning on behalf of the Liberal Democrats within the Conservative party by pushing an agenda that includes restoring the death penalty. I congratulate him on his commitment to raising such issues and on trumping the Government in securing time to highlight things that he wants to address. He referred to the Committee of Selection. The Procedure Committee is looking at elections to that body.
Mr Bone
I am delighted that I can do anything to help the Liberal Democrat party, because it needs help. Is the hon. Member for Dunfermline and West Fife (Thomas Docherty) right? Have the Government dropped the idea of bringing in a House business committee? Why are we still in the third year of the Parliament? I reckon it is the fourth year.
Tom Brake
I thank the hon. Gentleman for that intervention. If he looks at the evidence the Leader of the House gave to the Committee chaired by the hon. Member for Nottingham North, he will see that the Government have accepted that we were unable to deliver the commitment within three years set out in the coalition programme. Part of the explanation for that is that the tests to which I referred, which the hon. Member for Nottingham North says will be met in the report he will soon publish, have not been met by any proposals so far.
The right hon. Member for Oldham West and Royton shared the significant concerns about the House business committee not being delivered. I am sure that he will welcome the fact that explanatory statements will be provided for amendments. I agree that they are essential for Members to understand what is happening in this place. He will also welcome the “Good Law” initiative, which seeks to make laws clearer, so that Members will be able to understand them more easily. I am sorry that the hon. Member for Kettering (Mr Hollobone) was able to make only a short contribution, but I welcome what he said on e-petitions. The Government are willing to look at them and ensure that the House has responsibility for them. E-petitions are under active consideration. I thank the hon. Member for Dunfermline and West Fife for his support—I think—for some proposals that the Government are putting forward.
Saville Products Ltd and HMRC
(11 years, 4 months ago)
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Mr Graham Brady (Altrincham and Sale West) (Con)
I am grateful for the opportunity to have this short debate in Westminster Hall. I am pleased to serve under your chairmanship, Mr Crausby, and am delighted to see the Exchequer Secretary in his place to reply. He has been unfailingly courteous and helpful in dealing with this case, as is his usual practice. He finds himself in his current ministerial position towards the end of what has been a 12-year process, and will therefore respond to a debate about events for which, mostly, he carries no responsibility.
The debate concerns the case of my constituents, Mr and Mrs Nelson. They are an impressive entrepreneurial and professional couple who took over a business in Ashton-under-Lyne some 15 years ago and who, for much of the past 12 years, have been forced to endure an oppressive investigation by Her Majesty’s Revenue and Customs. They have had to fight against an unjustified tax charge and to struggle ultimately for proper redress and compensation. As so much attention is now paid to big corporations and the efforts they sometimes make to reduce their tax bills, it is particularly timely to consider the injustice that has been faced by the Nelsons and their small to medium-sized engineering company, Saville Products Ltd. As I have said, the company is located in the Ashton-under-Lyne constituency, and I place on record my constituents’ gratitude—and mine—for the unstinting support of the hon. Member for Ashton-under-Lyne (David Heyes), and of their Trafford ward councillor, John Lamb.
The story begins in 2001, with an investigation into my constituents’ business, and then personal, tax affairs, which went on for five years and ended only when the Nelsons sought the personal intervention of David Hartnett, the then chief executive of HMRC. It might help if I gave a brief summary of the case, and the difficulties that Mr and Mrs Nelson have faced over the years, in the words of Mr Nelson himself, who wrote to me for that purpose:
“HMRC demanded information within an unreasonable timescale with the threat of penalties. In order to comply, we had to spend an inordinate amount of time, under pressure, to the direct detriment of the company. HMRC threatened us with penalties to try to bully us into paying tax we knew we did not owe. HMRC have since admitted this. HMRC deceived us by asking us to settle an amount we did not owe in order to bring the investigation to an end. They failed to inform us, and we only found out later from the company’s accountant, that had we agreed to their demands they would have applied that sum to tax bills issued for each of the six previous years and 2 years into the future. This would have bankrupted the company.”
According to Mr Nelson, the HMRC investigator’s
“attitude towards us was vindictive and we believed he was waging a vendetta against us because we had the temerity to stand up to his bullying tactics. We refused to sign inaccurate meeting notes on two occasions…The inspector…made a telephone call to the company’s accountant at 8.00 am one morning, slandering and discrediting me and trying to elicit information to which he was not entitled.”
Mr Nelson’s report goes on the state that HMRC
“inisted that the Nelsons had to provide information about the disposal of two cars they had sold, one of which had belonged to one of their daughters. It transpired from the Ombudsman’s report that this information was already in the possession of”
the inspector,
“and that he neither told us he was seeking the information nor informed us when he had obtained it. Private information about Mrs Nelson’s mother’s financial affairs was demanded by HMRC, causing distress to the family, when this information was not relevant or connected to the enquiry. Notes of a meeting between the Nelsons and the HMRC’s Area Director…were deliberately doctored to try to justify false accusations. We have the original notes as evidence…the HMRC Complaints Department promised to hold a meeting with us and then withdrew the offer…HMRC made us recreate all our personal records which had been lost at the Manchester tax office”
while in the possession of Revenue and Customs. The report states:
“This was an entire year’s personal financial information in minute detail and took us hundreds of hours but the Ombudsman’s report stated that HMRC had the powers to obtain this information themselves.”
Nevertheless, HMRC chose to demand it of my constituents.
Mr Nelson’s account continues:
“HMRC opened an investigation into our personal financial affairs without establishing that there was anything wrong in the company’s records”.
HMRC gave
“the wrong information on expenses claims and subsequently denied having done so even though there was documentary evidence to prove”
that that was the case. There was subsequently an apology for that action. Then,
“HMRC opened an investigation into another year (2003) and demanded a statement of affairs”
from the Nelsons, when there was still no justification
“for believing that there was anything wrong in the year already under investigation (2000). HMRC sent a barrage of 23 assessments shortly before Christmas in 2004, without justification”.
One has to assume that that was designed to cause worry and alarm. The Nelsons believed that the company would have been bankrupted had the demands been paid. HMRC claimed that it was the Nelsons’ choice
“to prolong the investigation by answering…questions ourselves but this was disingenuous as the company could not have afforded their fees and they had no knowledge of our personal tax affairs.”
The threat of a potential £70,000 tax bill in 2005 meant that Saville Products Ltd lost the opportunity to acquire its major competitor, Autogem, at what would have been a very attractive price.
“HMRC’s maladministration not only affected Saville’s business during 2001-6 because of the amount of time they had to devote to the investigation but also meant that we lost the chance to create a combined company that would have been worth £10 million. Incompetence and poor service from HMRC staff has resulted in major economic loss because we had to sort out the consequences. One example is that the inspector did not understand the Sage accounting system and therefore claimed that we had not put through hundreds of invoices (these were merely carriage costs, separately coded). Another example was the failure to understand the stock valuation.”
The Nelsons were accused of diverting takings, which they understood to be a criminal offence, and they felt that they were held to be guilty until proved innocent. They also reported that
“a cavalier attitude to our personal and company documents, even from Mr Hartnett, endangered our company’s security and reputation. Documents were sent to third parties, not marked private, sent through post and not properly parcelled.”
Throughout the process, an unpleasant and oppressive attitude was taken towards a small business and the family who owned and ran it, who were trying to make it into a successful company and employer. That is borne out by the Nelson’s accountants, who have stated that what happened had a significant effect on the business. Mr Speakman, a partner at Beever and Struthers accountants, wrote to the Parliamentary and Health Service Ombudsman in May 2009:
“What I can state categorically is that whilst the negotiations to purchase Autogem were going on, HMRC dismissed the appeal made by the Nelsons via the Regional Complaints Office and continued to make unreasonable demands on their time. Mr and Mrs Nelson told me that they could not risk proceeding with the purchase of Autogem whilst they had the uncertainty of a potentially ruinous tax bill hanging over them…The frustration of having to contend with HMRC’s repeated failure to look after their personal documents, the fact that they were never believed and that the onus of proof was always on them with the assumption of guilt rather than innocence, the threatening tactics when HMRC bombarded them with tax assessments and demands going back six years and forward two, all these aspects have had a devastating effect on Mr and Mrs Nelson. They are resilient characters but I know they have both suffered stress and disillusion as a result of this investigation.”
Mr Speakman went on to estimate the financial loss that the Nelsons have suffered as a result of the investigation at £2.5 million. From details that I do not have time to go into, that might be a conservative estimate.
In response to the Nelsons’ concerns and finding their complaints largely proved, the ombudsman recommended a significant—by the ombudsman’s standards —payment from HMRC in 2009. In a letter on 25 September 2009, Lesley Strathie, the then chief executive of HMRC, wrote:
“I fully accept that we handled the enquiry badly in a number of key respects. In particular, we failed to apply a proper level of management control which should have ensured that the investigation was concluded much sooner and I understand what an adverse impact this has had on your business and on you…personally.”
Beever and Struthers estimated the scale of that economic loss under the various heads of loss of income, loss in capital value, perpetuating loss of profits and loss of opportunity.
The ombudsman’s decision in 2009 stated:
“Overall, I uphold a significant part of Mr and Mrs Nelson’s complaint. Whilst I am not persuaded (despite Mr and Mrs Nelson’s strong claims to the contrary) that the objective evidence is sufficient for me to find that individual HMRC officers have been dishonest, I am satisfied that there have been significant specific flaws in HMRC’s handling of their enquiry into SF Ltd”
—Saville Fasteners Ltd. She continued:
“More importantly, however, I consider that HMRC’s management of the enquiry was seriously deficient, with little, or insufficient, regard being paid to the compliance cost of the enquiry or to proportionality. I uphold the aspect of Mr and Mrs Nelson’s complaint that HMRC’s internal complaints procedure failed them… I am satisfied that, if the enquiry had been conducted without flaw, it would have concluded very much sooner than it did. I consider that the unreasonable continuance of the enquiry amounted to serious maladministration which has caused Mr and Mrs Nelson significant distress and inconvenience, and diverted their attention away from their business at a critical time. However, I am not persuaded that the very substantial claim Mr and Mrs Nelson have made for economic loss has been made out.”
In response to further correspondence, the ombudsman wrote to the Nelsons in November 2010, stating that one point is
“that any estimate of economic loss based on a departure from a forward projection can only be speculative and a matter of opinion, rather than demonstrable fact. I agree. We can only make recommendations for compensation for financial loss on the basis of firm evidence, and not on the basis of speculation…I therefore consider that we were right to conclude that there was too great a level of uncertainty and contingency to recommend that HMRC compensate you for a specific amount of economic loss.
The alternative was for my Office to recommend what is called a consolatory payment in recognition that the way in which HMRC conducted the enquiry must have diverted your attention from running your business to a significant extent, and caused you considerable inconvenience and distress.”
Consolatory payments by Departments are generally modest and those by HMRC of more than £1,000 are comparatively unusual, so the fact that the ombudsman recommended a payment of £30,000 shows the scale of the wrongdoing and maladministration that she felt she had encountered. However, her terms of reference and her remit did not allow her to venture into realm of compensation for the specific economic loss.
Last September, the Minister kindly agreed to meet Mr and Mrs Nelson and me. Following that meeting, Mr Nelson wrote to me saying that, in 2006, Lesley Strathie
“wrote to us to acknowledge that we should be compensated for economic loss, yet more than 11 years after this pernicious investigation began we have still not been adequately compensated. Mr Hartnett himself told us that HMRC would pay whatever the Ombudsman instructed them to pay yet he knew full well that the Ombudsman did not have the authority to make an award for economic loss.”
He also drew attention to the fact that one of the officials at the meeting, Mr Norris, stated that HMRC would normally consider paying the cost of accountancy fees incurred in an investigation but, as Mr Nelson pointed out, when we obtained the minutes of that meeting at the Treasury, there was no reference to such a statement.
None the less, Mr Nelson obtained from Mr Speakman at Beever and Struthers an estimate of the cost in professional fees of the 3,000 hours that these small-business people were forced to devote to the defence of their business and reputation. A far lower figure than the £2.5 million for the estimated economic loss, which I have already mentioned, the estimated cost of what the professional fees would have been to mount the defence in the case is £279,000. In fact, the case was defended by Mr Nelson and his wife. Mr Nelson, who is a chartered accountant and had been a senior manager in a merchant bank, was well qualified to do that, but he had to devote a great deal of time to it.
In this brief debate, I have sought to highlight the plight of one SME, Saville Products Ltd, and its proprietors, at the hands of an oppressive and unjustified investigation into their tax affairs. The case has attracted sympathy from the Chair of the Treasury Committee, my hon. Friend the Member for Chichester (Mr Tyrie), the Chair of the Public Accounts Committee, the right hon. Member for Barking (Margaret Hodge), and the Chair of the Public Administration Committee, my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), in relation to the ombudsman’s powers. Mr Michael Izza, the chief executive of the Institute of Chartered Accountants in England and Wales, has raised concerns about it. The case has drawn an apology from HMRC and a damning report from the ombudsman.
Compensation of £20,000, plus accounting costs of £2,500, was increased by the ombudsman by 50% in recognition of the personal toll on my constituents, but at no point has the financial damage to the company been compensated. The company’s accountants have estimated that compensation at £2.5 million, which is probably a conservative estimate. Following our meeting at the Treasury, the company has instead looked for the cost in professional fees that would have been incurred.
In 16 years in the House, I have never brought the plight of a local business to the Floor in this way. I have done so because I regard the case as a manifest injustice—an unpleasant spectacle of a Department of State treating a small business with disdain. I hope that the Minister will reconsider the case for the sake of my constituents and their business and for the sake of other small and medium-sized businesses facing similar mistreatment.
A failure by HMRC to conduct a proper inquiry has been proved, a failure of HMRC’s internal complaints procedure has been proved, and a finding of enormous distress to my constituents has been proved. We have seen an SME that cannot afford to take the Goliath of HMRC to court and an ombudsman that does not have the power to make good economic loss. We rely on the Minister to reconsider the case.
The Exchequer Secretary to the Treasury (Mr David Gauke)
It is a great pleasure to serve under your chairmanship again, Mr Crausby. I am grateful to have the opportunity to respond to the speech made by my hon. Friend the Member for Altrincham and Sale West (Mr Brady) who, as ever, represented his constituents with great eloquence and made a good case on their behalf.
I should state that in the case raised by my hon. Friend, Her Majesty’s Revenue and Customs—or the Inland Revenue, which was the relevant organisation for much of the time—clearly did not carry out its investigation appropriately and did not complete its review process to the standards expected. I am aware, both from his comments today and from the previous meeting to which he referred, of the distress and worry that his constituents have suffered as a consequence, and I offer my sincere sympathies and apologies for their experiences during that period.
I feel that it would be of most use to address two issues in the course of the debate. First, I shall set out the procedures in place to ensure that all taxpayers, such as my hon. Friend’s constituents, can receive a fair and independent review of any grievance. Secondly, I will address the issues that he has specifically raised involving Mr and Mrs Nelson.
On the first point, I should start by stating that employees of HMRC clearly must understand fully that compliance checks can be stressful to taxpayers. To be fair to HMRC, it sets high standards for professionalism and customer service, and deals with the vast majority of cases fairly and efficiently. With more than 500,000 compliance checks undertaken annually, there are likely to be some cases when claimants feel that those standards have not been met. In such circumstances, it is absolutely right that taxpayers, or their agents, can submit a complaint about the action of HMRC.
HMRC has a well-established two-tier complaints process for such situations and makes a concerted effort to resolve all complaints at the first opportunity. That involves a fully trained and experienced case handler who undertakes a full review of all aspects of the complaint. If the customer remains unhappy following that process, they can ask for the complaint to be looked at again. This second-tier—or tier 2—review is carried out by a different case handler to help to provide an independent perspective on the case. Again, it is worth noting that the vast majority of cases are resolved over the first two tiers. In the tax year 2011-12, HMRC successfully resolved 98% of complaints over the two tiers.
In cases when the taxpayer remains dissatisfied with the response, such as in the case involving Mr and Mrs Nelson, it is right that they can ask the adjudicator or the Parliamentary and Health Service Ombudsman to look into their complaint. The adjudicator is a fair and unbiased referee, and the service provided is free to the taxpayer, provided that the complaint falls within the adjudicator’s remit.
The adjudicator’s role is to investigate and help to resolve complaints from individuals and businesses that remain unhappy about how HMRC, the Valuation Office Agency or the Insolvency Service have handled their affairs, after they have exhausted the relevant organisation’s complaints handling procedure. That can include complaints about mistakes, delays, poor advice, inappropriate staff behaviour or the use of discretion.
As my hon. Friend is aware, a customer can also ask their Member of Parliament to refer the complaint to the Parliamentary and Health Service Ombudsman. The ombudsman is independent of the Government and investigates complaints impartially, specifically on allegations of complicity or malpractice. Investigations by the ombudsman are conducted in private, and the relevant legislation restricts her ability to provide detailed information about specific investigations.
I can confirm that if the ombudsman decides that a Department or an arm’s length body has made a mistake, she will work with it to correct that error. That could involve acknowledging the mistake, issuing an apology and paying compensation. In all cases, it should involve ensuring that the same mistake does not happen again.
That leads me to the second part of my response: my hon. Friend’s interest in the specific case of his constituents. As I mentioned at the outset, it is clear to me, having taken a personal interest in the case, that significant mistakes were made by HMRC and its predecessor organisation. The original investigation was not handled well, and that was further compounded by the failure of HMRC complaints handlers to acknowledge that.
In the case of all complaints that are referred to either the adjudicator or the ombudsman and that are upheld, HMRC undertakes a thorough internal review and, as would be expected, steps are taken to ensure that lessons are learned by not just the individuals involved, but the entire body, in an effort to ensure that mistakes are not repeated elsewhere. One area in which HMRC has learned lessons from such complaints and improved its processes is alternative dispute resolution. It uses the skills of an independent HMRC facilitator to work with customers, agents and caseworkers to try to reach an agreement and resolve disputes.
HMRC has held a successful pilot and is now rolling out that approach more widely, and I hope that that provides some reassurance that action has been taken, following the ombudsman’s report to improve performance in this area. However, I have seen from correspondence that my hon. Friend’s constituents raise concerns about the “agenda” of the ombudsman in failing to uphold entirely the complaint made, and suggest that if I accept the conclusions reached by her, I am condoning “dishonesty, deceit and collusion”. Although I have every sympathy with my hon. Friend’s constituents, and I understand the frustrations that they have experienced, I strongly contest that suggestion. There can be no doubt about the independence of the ombudsman from HMRC—or indeed any Government Department—and I therefore believe her judgment in this matter to be sound.
My hon. Friend’s constituents have been critical of the level of payment awarded, as it is significantly below the amount they believe would represent sufficient recompense for the expense incurred and anxiety caused by the compliance check. Compensation has, however, been paid for the identifiable and evidenced expense incurred as a result of the extended investigation and, additionally, a compensation payment has been made for the unnecessary suffering caused by HMRC’s handling of the matter, in accordance with the instructions of the ombudsman. As my hon. Friend rightly points out, the payment is much higher than is normally the case in such circumstances. However, the ombudsman did not find sufficient evidence of economic loss and accordingly did not direct HMRC to pay any compensation in that regard.
I reiterate my apologies and sympathies to my hon. Friend’s constituents for the undoubted worry and distress caused to them as a result of failings at HMRC or the Inland Revenue, as it was for much of that time. It is always regrettable when avoidable errors such as those made during this investigation result in the kind of personal hardship that no amount of financial compensation can eradicate.
Dr Julian Lewis (New Forest East) (Con)
I have been listening to this debate with great interest and I must say that Mr and Mrs Nelson have inherited the fighting spirit of the great admiral who shared their surname. I have a similar case in which HMRC is pursuing a medium-sized firm for about £1 million in notional lost tax for goods that were bound for export but were stolen. The firm was an innocent party and the tax is notional, but HMRC is threatening the livelihoods of 40 employees and will not let the matter go. When the Minister says that such cases are always unfortunate and that we should put up our hands and say sorry, will he take a sympathetic view and have a word with the organisation to say that sometimes it is better to prevent the wrong from taking place in the first place, rather than having to apologise for it afterwards?
Mr Gauke
I am grateful for my hon. Friend’s intervention. It is not possible for me to comment on individual cases, although I know that he has taken a close interest in that matter for some time. Perhaps we can have a quiet word about it afterwards. It is not possible for me, as a Minister, to intervene in operational matters, but it is right that HMRC has the correct procedures in place.
To return to the case raised by my hon. Friend the Member for Altrincham and Sale West, it is perhaps worth reflecting on the fact that it originated in 2001. The UK’s tax authority has undergone radical changes since then, not least with the formation of HMRC itself. While that does not in any way excuse the errors that were made, the organisation has made significant improvements in the past 12 years. Furthermore, let me reaffirm my faith in the work of the parliamentary ombudsman—in the context of HMRC and beyond. I have trust in her impartiality and independence. Although I appreciate that this is not the answer that my hon. Friend is looking for, and I have no doubt that he will continue to represent the case of Mr and Mrs Nelson strongly, the ombudsman has reached her conclusion and it should be respected.
Local Government and Faith Communities
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Andrea Leadsom (South Northamptonshire) (Con)
It is a great pleasure to serve under your chairmanship, Mr Walker. I thank my hon. Friends the Members for Congleton (Fiona Bruce) and for South West Devon (Mr Streeter) for the huge amount of work they have done to highlight the importance of faith groups in our communities, and for encouraging colleagues, including me, to request a debate on the subject. I am delighted to have been successful in the ballot, and to be in such good company in Westminster Hall today.
The trigger for this debate is the excellent report produced by Christians in Parliament together with the Evangelical Alliance entitled “Faith in the Community”. The report clearly shows that the work of faith groups is thriving, and that their contribution to society is varied and highly valued by local authorities and the communities they serve. All local authorities in England, Scotland and Wales were surveyed for the report, and 155 of them replied, which is roughly a third of the total number. It is clear from the many responses that local authorities see faith groups as valued and vital partners who are committed to their communities, serving the poorest and most vulnerable people in society.
Faith groups provide activities and services for all ages, ranging from mother and toddler groups and youth services to care for the elderly, and from street pastors to food banks. I will pick out a couple of quotes from the many local authorities that responded to the survey. Runnymede borough council commented:
“The strength of the churches is their presence in the communities and their long-term work in the parish. This is of particular benefit when working in areas of deprivation”.
Harborough district council said:
“Faith groups are based within the heart of the local community and are able to identify individuals who may not feel able to come forward and access help and support by themselves”.
The report was not all rosy, and it highlights the concerns expressed by some authorities. Those concerns can be grouped into three areas. First, there is an issue with the “people” capacity for councils and faith groups to engage with each other, and it can be difficult to ensure that they make enough space to understand each other. Examples were given of situations either where a council could not allocate staff to co-ordinate service provision with faith groups, or where churches, on occasion, were unable to deliver a service that they might have undertaken to provide.
A second challenging area is the potential for organisational culture clash. The financial and governance requirements of councils can be quite onerous and difficult to meet for faith groups that want to provide a service to their community. Sometimes local authority terminology and the complex protocols can be a bit of a barrier to success.
For me, however, the most worrying hurdle to good co-working between councils and faith groups relates to the fears and suspicions about what each partner might require the other to do. Councils expressed concern that faith groups might provide services only to their own faith community and might refuse to support people from other faiths, or from the lesbian, gay, bisexual, and transgender community. Another barrier was cited by Rochford district council, which said that
“a key challenge would be the potential for faith based groups to use funding for the delivery of services promoting their faith”.
Although the survey provided evidence that these perceptions are not generally borne out, as shown by the wide-ranging access to services provided by faith groups, Tamworth borough council pointed out:
“The mere fact that activities take place within a faith setting will mean that many members of the community will not attend due to a misconception that the event is an attempt to draw them into the faith group.”
North Yorkshire county council drew similar conclusions, but went on to say:
“Generally, all of these perceptions are false or can be overcome through discussion and better understanding of each other—but they do create barriers.”
Mr David Burrowes (Enfield, Southgate) (Con)
I apologise for the fact that I was not in the Chamber for the beginning of my hon. Friend’s speech, but I congratulate her on securing such an important debate. Is it not interesting that a consistent theme emerged in responses to the survey regarding organisations that have become prevalent across the country? Street pastors, for example, drive a coach and horses through some of those perceptions. The organisation is based squarely on Christians out there, rolling up their sleeves and delivering a great service, restoring confidence in the streets and helping to reduce crime.
Andrea Leadsom
My hon. Friend is absolutely right, and I will come on to the subject of street pastors shortly.
There is a great deal that can be done to lift those barriers, and I will take the opportunity to discuss just a few of the projects and groups operating around the country, including in my constituency, that make a real difference to the communities that they support. Increasingly, one of the best-known groups is Christians Against Poverty. CAP is a national charity, working across the UK to lift people out of debt and poverty. It offers free debt counselling to everyone and anyone, working through a network of 233 centres based in local churches. Each year, they help 20,000 people to find their way out of the black hole of debt, helping them to work out budgets, to negotiate with creditors and even to go through insolvency procedures. It also runs CAP money courses, which teach 10,000 people a year from across all faith groups, all belief backgrounds and so on, to budget, save and avoid debt. CAP has just launched CAP job clubs. There are 32 CAP job clubs across the UK, and the aim is to have 80 up and running by the end of the year.
The new Archbishop of Canterbury, Justin Welby, spoke out last weekend in the press against the exorbitant interest rates charged by payday lenders, and he proposed that new credit unions should be set up in church halls. He pointed out that the thousands of churches across the UK are a perfect platform for such practical work to be based in, again without heed to what background, faith or otherwise that any of the individuals who might benefit from it come from.
Jim Shannon (Strangford) (DUP)
I congratulate the hon. Lady on bringing this matter to the House for consideration; it is a very important issue. Although the report she mentioned does not refer to Northern Ireland, I think that many of the things that she referred to apply to Northern Ireland. We have CAP in my constituency: it started just over a year ago and it is doing great work. There are also food banks, set up by Christian organisations, that are doing great work. Does she think that such activity, which involves people working for food banks and organisations such as CAP, and helping the less well-off, is a very practical show of Christian beliefs?
Andrea Leadsom
Yes. The hon. Gentleman is, of course, quite right that CAP and other faith-based groups work right across the United Kingdom, and they help people from all backgrounds—people of faith and people of no faith. Absolutely no distinction is made between people; everyone benefits from the services. However, the reason that such groups are set up is because people of faith want to help the needy. He specifically mentioned food banks, which do a superb job across the country, and many of them are led and supported by people of faith.
A charity closer to home that I fully support, and of which my husband is a trustee, is the Northampton Hope Centre. It was set up in 1974 by a Christian gentleman who handed out food to rough sleepers—food that he had paid for himself. As more volunteers began to help him, the borough council began to provide small grants to help to pay for the food. By 1984, there were 30 volunteers—mainly Christians—and a daily food service for rough sleepers was provided all year round. In 2006, the charity officially took the name of the Hope Centre to reflect its broader range of support and services, which now included providing training and activities alongside food, showers and clothing. In 2008, the Northampton Hope Centre won the Queen’s golden jubilee award for voluntary services to the community.
Today, the Hope Centre helps those suffering from drug or alcohol addiction, mental illness, crippling debt and family disintegration. It offers a wide range of support, including food, clothing, showers, shelter, social activities, therapeutic workshops and skills development. It aims to encourage its users to recover their independence. Each user’s journey is individual and the Hope Centre aims to support each person at their own pace while creating or finding pathways for people who have all but given up hope of a better future.
The centre’s budget this year is in the region of £400,000, of which only £15,000 will come from public funding. If any Members are around this Friday and find themselves with a spare hour in Northampton, I urge them to pop down to the Hope Centre, where Terry Waite will launch the new “hope café”. One of Northampton’s most exciting initiatives in recent years is the establishment of a street pastor service, which puts compassionate people of faith in the town centre on Friday and Saturday nights, offering practical help to often vulnerable people. I blogged about this in 2006, under the heading “Flip-flops and lollipops”, because, as it was described to me, the street pastors would go out and help young people who were often extraordinarily drunk, providing lollipops to the young men, who would rather suck a lollipop than get in a fight, and flip-flops to the young women, who often lost their high heels on their first steps on the journey of inebriation. It is a practical service that offers sound support and counselling.
Sir Tony Baldry (Banbury) (Con)
Does my hon. Friend agree that no greater love can a parliamentary colleague have than to spend a Saturday night/Sunday morning with my hon. Friends the Members for Wellingborough (Mr Bone) and for Kettering (Mr Hollobone) and their street pastors, as I did a couple of Saturdays ago? The street pastors provide a fantastic service in those towns. They are the only people around, other than the police and the ambulance service, actually caring for people. Large numbers of volunteers provide a fantastic service.
Andrea Leadsom
I agree with my hon. Friend, who makes a good point. It is right to pay tribute to the street pastors, who form a valuable support group for the police on a Saturday night when, too often, trouble in our streets is common.
I set up a project in 2006 with Richard Johnson, a Christian, who runs a fantastic youth centre in Uganda. He and I set up links between Northamptonshire and Ugandan schools and now each year groups of students from Northamptonshire travel to Uganda for a conference with Ugandan students. They spend their week based at the Discovery Centre in Jinja, Uganda. That has been an astonishing success, building new friendships between teachers and pupils across the miles, and new opportunities for the schools in both countries to take part in a huge range of different cultural activities.
All faith groups, whether they are Christian, Jewish, Muslim, Hindu, Sikh, or any other, set great store by their support for their communities. It is important that we in Parliament ensure that their voices are heard. Over the years, over-sensitivity to cultural issues and a growing, muscular secularism has meant that the amazing work done by people of faith, often for the most vulnerable, goes unnoticed. Of course, people of faith are not doing this in return for gratitude or recognition, but we should make space in public life for those of faith.
I support many of the report’s recommendations and call for three specific things. First, I should like local authorities deliberately to work more closely with faith groups, taking advantage of the support they bring to local communities, to attempt to simplify processes and jargon, and share best practice between local authorities. Secondly, I should like local authorities to look from a plural rather than a secular perspective at the services faith groups offer in their communities. The leader of Churches Together in Northampton, Ted Hale, tells me that he and many others work for non-Christian organisations such as Arthritis Care and Age UK, and so on. It is often people of faith who run such organisations.
Jim Shannon
The hon. Lady has been gracious in accepting interventions. In my constituency, an organisation called Youth Link Northern Ireland, which is based in local churches right across the religious strata, funds work to help people who have problems with drug abuse and alcohol addiction. Does she think that the Government, and local government in particular, should work in partnership with such organisations to address the critical issues that many people do not want to bother with at all?
Andrea Leadsom
Yes, the hon. Gentleman is right. Faith-based groups often work with people to whom others are not really keen to provide support.
Local authorities should consider a plural rather than a secular approach to service provision. They should recognise that even where organisations volunteering in communities are not faith based, they are often staffed by volunteers doing it for faith reasons. They should give specific recognition to that fact.
Thirdly, there is concern about a development from the Charity Commission, which is trying to suggest that certain faith groups should not be given charitable status and is effectively challenging them to provide evidence of the work they do in the community, rather than accepting that a guiding principle of faith groups is that they should contribute to the community in which they live. The Plymouth Brethren are at the moment in disagreement with the Charity Commission about their charitable status. Where we can, we in Parliament should take steps to ensure that there is not an increasing tendency to challenge the very existence of faith-based organisations.
Sir Edward Leigh (Gainsborough) (Con)
It is important that the charity commissioners realise that faith groups are entitled to their own beliefs, even if those beliefs seem idiosyncratic, even exclusive, to many in the secular world. This is often the nature of faith groups—the nature of their strong beliefs and the way they operate. It is worrying if secular-based organisations impose their own morality and ethos on faith groups.
Andrea Leadsom
My hon. Friend is right. That prompts me to reiterate my second call to action: local authorities and all of us in public life must accept and welcome those of faith and not merely tolerate them, or try to exclude them, which happens all too often.
In conclusion, I congratulate Christians in Parliament on this important piece of work and all the support it provides for those of us who are Christians in Parliament.
Stephen Timms (East Ham) (Lab)
I congratulate the hon. Member for South Northamptonshire (Andrea Leadsom)on securing this important, welcome debate. Like her, I congratulate Christians in Parliament—and the Evangelical Alliance, which did much of the work—on the “Faith in Community” report. It is an enjoyable read. I want to contribute to this debate on the basis of my work with the all-party group on faith and society.
The hon. Lady makes an important point: a wide range of contributions are made to communities from a starting point of faith. She is right to draw attention to the work of street pastors and Christians Against Poverty, whose headquarters in Bradford I visited last month. She also mentioned food banks. If we had had this debate five years ago and asked what would happen if hundreds of thousands of people suddenly found that they were unable to afford enough food for themselves and their families, I am not sure that we would have identified faith groups as the institutions that would come forward to meet that need, but they certainly have done. The Trussell Trust reports that 750,000 people resorted to one of their food banks last year. It is currently opening one new food bank per day, such is the scale of the need, which it is meeting impressively.
The all-party group on faith and society, supported by FaithAction, which provides its secretariat, was formed in April 2011 and aims to promote understanding of faith-based organisations engaged in social action in the UK, to promote recognition of their value and to consider regulatory and legislative arrangements that can make the most of the potential contribution of faith-based organisations around the UK. The group took evidence from some innovative faith-based organisations in this country.
We had four meetings focusing on the following areas: welfare to work, in respect of which faith-based groups have been doing impressive work; meeting the needs of children and young people; health and well-being; and international development. For each meeting, FaithAction put out a call for evidence to member organisations, other networks and partners, and asked for groups to make contact if they wanted to present evidence at one of the roundtable meetings. At the meetings, we asked each group to present for five minutes on their current work, setting out what they are doing and the barriers they face.
At the welfare-to-work roundtable, for example, we spoke to the Nishkam centre, which is an impressive Sikh organisation in Birmingham. We also heard evidence at that meeting from Spear, which is based at St Paul’s church in Hammersmith. At the children and young people’s meeting, we heard from the Hawbush project in Dudley and the Pathway project in the west midlands. There were half a dozen organisations at the meeting on international development, including Jewish Care, Parish Nursing, Khalsa Aid, the LifeLine Network and Muslim Aid.
Mr Burrowes
I pay tribute to the right hon. Gentleman for his work supporting the positive contribution of faith, not least in his position in the previous Government. In his role within the all-party group, has he reflected on how one can improve religious literacy across the country? The myth-buster document was, in many ways, one of the best documents to come out of the previous Government. Does he see the need for guidance, or would he seek to follow the role of the Department for International Development? The 2012 document, “Faith Partnership Principles” outlined the Government’s relationship with international aid, and it could be a good framework to follow in our relationship with local government, too.
Stephen Timms
The hon. Gentleman makes some important points. The all-party group has identified three main areas of concern, the second of which, religious literacy, he has highlighted. Many, if not most, of the concerns are about the relationship with local authorities.
First, local authorities and grant-making bodies often seem to be pretty uneasy about faith playing a part in service delivery, as is highlighted in the report that prompted this debate. Consequently, faith-based organisations often feel that they ought to downplay the role and importance of faith in their work. Such organisations are absolutely clear that they cannot take faith out of their faith-based work, and if they attempted to do so, there would not be much left. That would result in a lack of integrity on their part, because faith is the heart and driving force of what they do.
Secondly, it is difficult to explain what the faith-based organisations call “faith logic” to local authority service commissioners. Jewish Care, for example, talked to us about its struggle to express the faith needs of the Jewish community in a particular local authority area to local authority officers in an understandable way—and that is in a community in which 20% of the population is Jewish. Similar concerns were raised in other discussions, and there is a widespread perception, as the hon. Gentleman suggests, of religious illiteracy among local authority officers—not malice, I do not think, but difficulty in understanding what such organisations are about and how best to relate to them.
Such religious illiteracy has led to local authorities being hesitant to work with faith groups. One organisation that presented to us described how there was often scepticism about whether its services are professional, even though the organisation in question is accredited by Ofsted. Another organisation found that its local authority is reluctant to work with a single faith group in case doing so offended other faith groups. Such problems are often the result of a misunderstanding, rather than malice.
Thirdly, some local authorities are just not aware of the work undertaken by faith-based organisations in their area.
Sir Edward Leigh
It is even more serious than that. As far as I know, there is not a single Catholic adoption agency left working in this country, despite the fact that they all worked with the most vulnerable people. They were all forced to close down because they were told by local authorities that they had to abide by equality legislation, which trumps everything. Catholic adoption agencies were not prepared to allow same-sex couples to adopt children, so they have all closed down. There is a serious attack on faith-based organisations and their ethos.
Stephen Timms
I would favour local authorities being encouraged to undertake a faith and service audit, which would potentially identify areas for collaboration between different faith groups. It was emphasised in our meetings that such research is potentially important in discovering good initiatives that may otherwise go unnoticed and unsupported.
It is important to underline that the groups that attended the roundtables have long-term goals. They expressed their commitment to continue serving the needs of their areas, even when funding is hard to come by. Sometimes that is made easier by the resources that come with faith-based organisations, such as a large base of volunteers, resources, motivation and drive to do the work they are doing, which is unique to such faith groups.
I have also been chairing the Demos inquiry into faith, society and politics. Demos has published two of the three volumes in its series of studies, the second of which, “Faithful Providers,” considers faith group involvement in public service delivery. In particular, Demos has considered the concerns that are sometimes raised about what faith groups do when they deliver public services, and from its discussions with a number of groups it found no evidence to support such fears. As Demos is not a faith-based organisation, it is worth drawing attention to what it says. It found that faith groups are “highly motivated and effective” in instilling a public service ethos, and that they
“often serve as the permanent and persistent pillars of community action within local communities.”
Demos also found that faith groups are
“acutely aware of the need to be inclusive, keep religion ‘in the background’ and not abuse the power imbalance between service provider and user.”
That captures well the reality of what such organisations are doing.
Finally, we can all see that there are big challenges ahead for our communities. The pressing question is how we can make the most of the potential contribution of faith-based groups in addressing those challenges. The all-party group proposes to draft a covenant that could act as the basis for a fresh conversation between local authorities, and public authorities more generally, on the one hand, and faith communities on the other hand. Similar things have been considered in the past, and I know that the hon. Member for Enfield, Southgate (Mr Burrowes) has done some good work on that. The idea of a covenant would be to commit the faith communities that sign up to it to playing their part in addressing some of the pressing community needs and to meeting a set of very high standards, including providing assurances that they would not do the things that sometimes people suspect they might do, while also permitting them to be faithful to the convictions that are the reason for what they do. I hope we will be able to make some specific proposals along those lines quite soon.
The previous Archbishop of Canterbury said:
“The trouble with a lot of Government initiatives about faith is that they assume it is a problem, it’s an eccentricity, it’s practised by oddities, foreigners and minorities.”
It should not be like that, and if that impression has been given by authorities in the past, it must not happen in the future—we cannot afford for that to happen in the future. A clear and fair covenant that recognises the unique position of faith groups may go some way towards addressing those problems.
I warmly welcome this debate, and I very much hope that we can make considerable progress in this important area.
Sir Tony Baldry (Banbury) (Con)
I am wholeheartedly grateful to my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) for introducing this debate. I endorse everything said by her and by the right hon. Member for East Ham (Stephen Timms)—I can confidently reassure him that this Government do not treat people of faith as oddities, minorities or foreigners.
Perhaps a couple of days after I was appointed Second Church Estates Commissioner—it was on one of my first visits to Lambeth palace, so it must have been very early in the life of this Parliament and the coalition Government—one of the first visitors through the door was the Secretary of State for Communities and Local Government. Lambeth palace has big doors, and the Secretary of State was the first through them for a gathering with the Archbishop of Canterbury and other faith leaders.
At the outset, my right hon. Friend the Secretary of State made it clear to the Archbishop of Canterbury, other faith leaders and people such as myself that he and the Government wanted to work with faith communities. He reinforced the Near Neighbours programme, which has done excellent work in Leicester, Bradford, parts of Birmingham and east London, in and near the constituency of the right hon. Member for East Ham. Throughout, the Secretary of State made it clear that he took a practical and pragmatic approach to central and local government working with faith groups.
I appreciate that others wish to speak in this debate, so I shall be brief. However, as this is a debate about Christian action, I hope that hon. Members will excuse me if I make a slightly theological point. There is no way for the state, either centrally or locally, to deliver every human service. The state cannot deliver compassion, comfort the bereaved or relieve people of their loneliness. As it happens, I have hanging in my sitting room at home one of those illuminated Biblical addresses, although it is rather more an instruction than an address, which is from chapter 25 of St Matthew. Jesus is asked:
“Lord, when did we see you hungry and feed you, or thirsty and give you drink? When did we see you a stranger and make you welcome, naked and clothe you, sick or in prison and go to seek you?”
Jesus does not reply to the Roman authorities or the Jewish state; he replies entirely to us as individuals:
“Then shall he answer them, saying, ‘Truly I say to you, in so much as you did it not to one of the least of these, you did it not to me.’ And these shall go away into everlasting punishment, and the righteous into life eternal.”
The New Living Translation puts it another way:
“And he will answer, ‘I tell you the truth, when you refused to help the least of these my brothers and sisters, you were refusing to help me.’”
When Jesus was asked, “How do you help those who are thirsty, hungry or in prison?” he said not, “This is the responsibility of the state,” but, “This is the responsibility of you as Christians and as human individuals.” That is a fundamental acknowledgment that we must get our minds around. We, as Christians or as human beings, cannot simply shift all responsibilities on to the state, because the state does not have the capacity to give that human compassion and do all the other things. The state can help to support hospices for the dying, but it is the hundreds of volunteers who help to run hospices who make all the difference.
David Simpson (Upper Bann) (DUP)
I agree with the hon. Gentleman’s sentiments. A number of weeks ago, I took part with street pastors in some of their outreach work. I witnessed the compassion that he mentioned from young people of the Christian faith who were doing fantastic work among drug addicts and alcoholics. Such work has transformed lives, and our young people have a lot to contribute to that.
Sir Tony Baldry
I am grateful for that intervention.
My hon. Friend the Member for Gainsborough (Sir Edward Leigh) made some observations on behalf of the Roman Catholic Church, so I hope that hon. Members will excuse me if I make a couple of observations on behalf of the Church of England. The Church of England is, of course, a national church. The whole point of the Church of England is that it divides the whole of England into parishes, and every parish has a priest who is responsible for that parish. Archbishop Temple once observed that the Church of England was one of very few organisations that existed for the benefit of people other than its own members. The Church has a mission to the whole community. It must be, and is, a national Church.
Recent research by the Church Urban Fund found that thousands of parish churches throughout the country play an active role in their local communities by running lunch clubs for the elderly and after-school clubs for children in deprived areas, and helping to run food banks, as the right hon. Member for East Ham observed. In fact, some 6,500 parishes in England run organised activities to address at least one social need in the community.
What was interesting about the Church Urban Fund’s research findings was that parishes based on council estates and in inner cities were the most likely to be active in the community. Some 80% of Church of England parishes on council estates run activities to address at least one social need. In my experience, they do so with other faith groups. The street pastors, food banks and other initiatives that I have seen involve faith groups working together, and I do not think that there is any problem with that.
Every day, throughout the country, thousands of faith-based volunteers quietly go about helping the elderly, isolated people and toddler groups, or doing more difficult work in drug rehabilitation programmes. In Oxfordshire, we have a programme that meets people who have been released from prison—literally at the prison gate—to give them support as they return to the community. In hundreds of different ways, such work is done patiently and tirelessly every day.
During my time as a Second Church Estates Commissioner who takes a particular interest in this issue, I have not come across any instances of faith groups or churches saying to me that they feel frustrated or thwarted because local government has not understood them. The idea of a covenant, as proposed by the right hon. Member for East Ham, is extremely interesting and probably well worth pursuing, but I would hope—and I see this throughout the country—for partnerships between faith groups, and local government and other organisations. When I recently went to Wellingborough and Kettering to see street pastors at work, what impressed me was that at the beginning of the evening, senior police officers came in to brief them about what was happening in the community that night, how things were in the town and what they expected. Those street pastors had the full support and respect of the local police and the local authority, which was much appreciated. Whether helping to tackle isolation, family breakdown, debt or homelessness, or supporting people on low incomes, or with mental health or drug and alcohol abuse problems, people of faith are present. I would hope that central and local government will continue to work out how to maximise that synergy.
Occasionally, reality breaks out in the Palace of Westminster, and one reality that has broken out in the past couple of weeks is that the welfare budget is not going to grow exponentially. Members on both sides of the House, including the shadow Chancellor, have acknowledged that, so we will all have to be smarter, cleverer and wiser about how we work within the parameters of the existing welfare budget, which is huge. The House of Commons Library tells me that the total spent on welfare is forecast to be £204.1 billion this financial year. In 2016-17, that will rise to £218.2 billion in cash terms, or £206.9 billion at this year’s prices, so we will go from £204 billion to approximately £207 billion in three years’ time, and we will all have to work within that budget. Given the opportunity, faith groups have the capacity and ability to do much with central and local government.
Fiona Bruce (Congleton) (Con)
The “Faith in the Community” report, which was produced by the Christians in Parliament all-party group in conjunction with the Evangelical Alliance, is important in many ways, not least because it has helped to highlight the sheer extent and value of faith groups’ contribution to local communities throughout the country. Many local authorities acknowledged that they were unaware of the extent of the voluntary work that is often quietly done by people of faith.
As Andrew Taylor, a minister at Union street Baptist church in Crewe, said in a report aptly named “Hidden Treasure in Cheshire East: Faith Action Audit”:
“One of the calls of the Christian faith, as other faiths, is that we should love and serve our neighbours, usually quietly and without expectation of recognition and reward. This does not mean that acknowledgement and appreciation are not welcome.”
That work is often done quietly, so it has often gone unnoticed and unappreciated, and we have not been as supportive as we could be in our local communities or as a wider society, so I hope that the “Faith in the Community” report will go a considerable way towards changing that and helping to build the capacity of faith groups that have a desire to make an even greater contribution to our local communities. I therefore want to use the debate to say thank you to faith groups across the country and to send a message of thanks from the House to those groups for their invaluable contribution in our local communities. I also want to congratulate my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) on securing this important debate.
I want to say thanks to the more traditionally recognised groups in our communities, such as Mums and Tots. I was interested to note the name of one such group in my local area—the Little Nutters. I also want to say thanks to those who care for our elderly, support the homeless and provide youth clubs. In addition, I want to say thanks to those who provide newer, more contemporary help, such as the debt counselling work done by CAP, Sycamore Trust’s restorative justice work in prisons, and the parenting classes run by the Let’s Stick Together project, which is promoted by Care for the Family, for couples who have had their first child. Such help also includes enterprise coaching, the provision of office space, IT training and free legal advice clinics.
The drug rehab centre in my church—the Church @ The Foundry, in Widnes—is acknowledged by the local authority to be the best in the area. In the church grounds, there are also more than 20 bungalows that were built many years ago to house and care for elderly people. That remarkable work has been sustained over decades and has been supported by the fellowship in the church.
Faith groups provide organisational skills, mentoring, language classes, bereavement counselling, anger management and emergency disaster relief—the list is endless. We also see franchise-format voluntary work, and we have heard about the street pastors. Best practice is shared among such groups, and there is also good engagement with local authorities.
A small but significant category of respondents to the “Faith in the Community” report said that local authorities have entered into formal contracts for services with faith groups. One example is the library in Grappenhall, in Warrington. I know the library well, because I was a councillor when the cabinet was deciding what to do with it. It was clear the local authority could no longer sustain it, and I have watched with great admiration as local church members have taken over that community facility and maintained it. I pay tribute to Jan and John Ashby for their work.
We have also seen collaborative work between Redeeming Our Communities and the police. The organisation, which works in some of the most troubled areas of our country, also sustains a youth project in a fire station. That and the other projects I have mentioned are excellent examples of partnership working between faith groups and local and statutory authorities.
However, such good engagement does not always happen. How, then, can local and, indeed, national Government better engage with and support faith groups to develop their voluntary work and undertake it in as professional a manner as possible, as the great majority wish to? The “Faith in the Community” report clearly states that the first step is for faith groups and local authorities to talk and to develop closer working relationships to break down barriers, whether perceived or real. Such barriers might relate to the language used, concerns about motives, local authorities’ concerns that faith groups’ beliefs will be expressed in a way they consider inappropriate, or faith groups’ concerns that local authorities will not be interested in them and that resources and support will not be available to them just because they are faith groups.
Let me turn now to the “Hidden Treasure in Cheshire East: Faith Action Audit” report, which was produced by the faith community and the local authority in which my constituency lies. I pay tribute to Carolyn McQuaker, who spearheaded the report. The clue to what it is is in the title: an audit of the voluntary and community work of faith groups. The report is interesting because it takes the overview in the “Faith in the Community” report, which the all-party group on Christians in Parliament and the Evangelical Alliance have just produced, and focuses on just one local authority area.
The audit sent out 246 questionnaires to churches and faith communities, of which 154 were returned. Some 150 were from groups that defined themselves as Christian, while one was from a Baha’i group, one was from a Hindu group and two were from Unitarian groups. It is interesting that although there was a connection between those groups and local authority agencies, such as the council for voluntary service, children’s centres and youth services, only 12.5% of the responding faith groups said they had any such active connection with their local authority. Faith groups do valuable work, but how much more could be delivered with just a little more engagement, advice and practical support?
As statistics from the local authority show, the reach of the various faith groups and the impact that they have on tackling challenges in our society are immense, and I hope that hon. Members will bear with me while I quote some of the statistics. Altogether, the 154 faith communities that responded are responsible for running 536 projects—an average of between three and four regular caring projects per group. Incidentally, those projects exclude any that are established and held for the purpose of teaching religion, which were not counted in the report. More than 16,300 people engage in those weekly projects. Some 2,239 toddlers and their carers attend 79 groups each week, while 5,087 children and young people take part in 207 projects run for them across the area. Some 1,700 elderly people join in 81 activities, while 2,365 people take part in 64 projects to develop life skills and to help with physical, mental and material well-being. Nearly 5,000 people take part in other community projects.
In addition to the projects run directly by faith groups, their members also contribute regularly to the life of schools. Some 254 members of faith groups are school governors, and there are an additional 89 school projects. Many church members also give time regularly to the life of local care facilities for the old and the young.
If all that work had to be carried out by statutory services, it would require the equivalent of 281 full-time jobs. If those figures are representative of the faith groups in Cheshire East as a whole, 862 projects are being run for more than 26,000 people every week, at a value of many millions of pounds. Of course, that is probably still vastly understated, because many hours go unrecorded, and the figures do not take into account the voluntary time given to activities such as overseeing groups, supporting and managing volunteers and managing the buildings in which events take place.
The “Hidden Treasure” report contains several constructive, practical suggestions to help faith groups to build on their already remarkable contribution. To build capacity, realise potential and achieve best practice, faith groups themselves should work at communicating with, and representing themselves to, the rest of the voluntary and public sector, such as by engaging more closely with local authorities by sitting on local boards set up by, or in partnership with, local authorities. That could help to make the work of faith groups strategic, and prevent opportunities from being missed to develop or follow through an overall vision for an area or a locality.
Susan Elan Jones (Clwyd South) (Lab)
I was struck by what the hon. Lady said about the proportion of faith groups in her area with pre-existing local authority contacts. Does she think that umbrella faith groups, such as Churches Together or equivalent groups in other faiths, might play a useful role in co-ordinating such links?
Fiona Bruce
I agree. Churches Together provides an excellent way of connecting in many towns. In my constituency, Churches Together in Middlewich has recently launched a good neighbours project, especially to support those who may be lonely at home, in conjunction with the town council and housing association.
It is important for local authorities to encourage church groups to engage with them. As we have heard, the language used by local authorities can be a barrier, and staff need to be aware of that. Councils might consider developing a dedicated faith-based support agency to enable them to understand the challenges faced by faith groups, to form a bridge to the wider voluntary community services and statutory sector, and to provide a resource to enable faith groups to understand what support from local authorities is available to them. It is essential that communication is improved.
As we have heard, the statutory sector is often not aware of the level or range of activity in the faith sector. Equally, the faith sector is unaware of the scope and scale of issues and priorities that the statutory sector must address, or its plans of action. The two should work together on a common vision and direction, pooling resources on several levels—geographically, in localities, and thematically, such as across the youth work of an area—with the aim of facilitating networks and more effective joint action.
True partnerships of trust should respect and honour people’s values and beliefs, and I shall come on to that at the end of my speech with reference to the “Faith in the Community” report. People working with faith groups must connect with them in a way that will enhance, rather than detract from, what they are doing, and protect the ownership of the vision and worth that motivates people of faith. Perhaps the statutory sector needs a little training and guidance to help it to work in partnership with groups that have a faith identity, to help them to maintain that, and perhaps to avoid the heavy bureaucracy that can be so off-putting to the groups.
Local authorities can also help faith groups to improve their research. Faith groups are often very good at measuring activity, but less good at assessing their own impact. Councils could help them to improve that while respecting the fact that it is often church members who have the closest contact at grass-roots level with those in most need in the community. When I was a councillor, a report was done on our youth work—it was not good. One of the problems was that the youth workers worked 9 to 5, and it was the church youth leaders out on the streets, doing the detached work night after night, who understood what young people were coping with and were the most effective. More such joint working and interaction is needed.
A further recommendation of the “Hidden Treasure” report concerns training. Local authorities have huge resources and expertise with which to provide quality training, which could radically help to build capacity among faith groups. I am pleased to note that Cheshire East council has strengthened its offer of training to faith groups because of the report, and that should enable more faith groups to sustain projects. Often they have the passion and vision to start a project, but sustaining one perhaps takes a little more training, support and expertise than many faith groups have.
In addition, often relatively small amounts of money, compared with a local authority budget, can have a significant impact on faith groups’ ability to expand their capacity. However, many do not want to engage in the commissioning process, which they find burdensome, and nor do they have the capacity to do so. A little more financial support would be appreciated, and it would also be helpful if there was an annual audit and review of the kind of work that faith groups do in every local area so that we may celebrate and highlight the sector’s achievements and ensure that local authorities can fully engage with their plans and actions.
I said that I would touch on the “Faith in the Community” report, and I want to clarify two points. It is important that guidance should be issued
“that expresses a clear understanding that it is legitimate for beliefs to be manifested”
as faith communities go about their work within local communities
“without implying proselytisation.”
It is important not to confuse the two. Finally, local authorities should provide reasonable accommodation of religion and belief whenever possible. The report states:
“An approach should be adopted that allows faith groups to be open about their beliefs and values, and the practices these encourage, rather than emphasise a privatisation of belief”,
and suggests that practical provision should be made
“for substantive freedom of religious expression”
and belief. After all, that is the very thing that motivates people of faith to undertake the remarkable work that they do.
Mr Charles Walker (in the Chair)
Order. Each Front-Bench spokesman will have 10 minutes, so I shall call Chris Williamson no later than 3.40 pm.
Sir Edward Leigh (Gainsborough) (Con)
The trouble with a debate such as this is that it can be as reassuring and pleasant as a Christmas carol service. We all agree with each other. We are about to hear the winding-up speeches, and I have no doubt that both Front-Bench spokesmen will be extremely polite about faith groups and pay tribute to all their sterling work. We will all go away feeling very happy. However, a more serious situation exists, which needs to be addressed.
I followed what my hon. Friend the Member for Banbury (Sir Tony Baldry) said. I do not blame the current Front Bench, but undoubtedly faith, and particularly action in faith, and faith groups, have suffered during the past century, because the state has become a kind of giant mustard tree—if we are to use biblical references—and all other activity has gradually been drained of irrigation. Faith groups, like other voluntary groups, have suffered from the attitude of mind that it is the state that must always take responsibility. We can have a wide-ranging debate about that, and we all know the arguments on both sides.
However, there is something much more serious going on, and I want to amplify the two points I made earlier. I made an intervention about the Plymouth Brethren. I think that that is an interesting case, because it is almost a throwback to the politics of the 16th and 17th centuries. There is a religious group whose beliefs, frankly, the state thinks are weird. Most Members of Parliament either have no faith at all or belong to well established faith groups with broad views. We find it difficult to understand the viewpoint of a group such as the Plymouth Brethren, who, frankly, treat life in literal accordance with the Bible.
As a result, they want to have closed services to an extent, which is their right; they also want to mix and work together and to educate their children in their own schools. That sits oddly with the modern ethos of audit—that everything has to subscribe to general notions of the right way to do things—but we should consider the attack on the Plymouth Brethren by the Charity Commission as an attack on freedom of belief and association, and it is therefore very important. It is important not only for that admittedly small group of people, but for those of us who belong to Churches that are far more numerous, because we are also under attack from the same attitudes.
I mentioned the Catholic adoption agencies earlier, in an intervention on the right hon. Member for East Ham (Stephen Timms). I noticed that he did not answer my question—perhaps he did not want to, or the answer was too difficult. The situation, however, is serious: a mainstream Church was indulging in extraordinarily important work with by far the most difficult families in the country, trying to place children from very disturbed backgrounds with foster parents, but all those adoption agencies have now closed. An important faith group was doing important work that we all lauded and thought was marvellous, but the agencies have closed because the state said that the adoption groups had an ethos that did not fit with its equality ethos. That is extremely worrying.
We have heard a lot about covenants, and we will no doubt hear more. Furthermore, in the wind-ups, we will hear a lot about the good work of faith groups and about how we want to encourage local authorities to work with faith groups. If we look at what is happening on the ground, however, we see that serious things are occurring. We have had a big debate about same-sex marriage, and I do not want to repeat all the arguments, but the Government have been loud in their acclamation that they want to protect the position of Churches. I believe that the marriage services carried out by Churches in their own buildings will be protected, for a time anyway, but will freedom of speech in Church schools be protected? Will freedom of action in Church groups be protected? Those are much more difficult questions to answer.
Frankly, I am not so interested in covenants and all the rest; I am interested in the state leaving faith groups alone. Leave them alone! Let them run their voluntary organisations, schools, Churches and adoption agencies in the way that they want to run them. Often, the way that the faith groups want to run such organisations will be counter to modern, secular ideas of equality. The trouble with faith, however, is that it is often demanding. The books of faith in any religion make difficult demands of people. Sometimes, admittedly, they are exclusive in their demands; they proclaim a particular truth, and it is difficult for all people to subscribe to those truths. Some people may be excluded because of their set of beliefs, but that is the nature of faith. We have to recognise that they have those strong beliefs, whether on same-sex marriage or anything else, and they are entitled to run their own groups how they want to. In spite of all the warm words that we will shortly hear from the Minister and the shadow Minister, that is not happening, and there is now a war of attrition.
Some people say that the faith groups are whinging and whining and that they live in an entirely tolerant and free country—thank God that we do live in a country that still is largely free and tolerant, compared with many others in the world—but I do not believe that our country is as free for and as tolerant of the faith groups’ views, which are often difficult, as it was 10, 20 or 30 years ago. No one sitting in the Chamber now can gainsay that point of view. No one can deny that the faith groups, although still largely free to carry on their own services in their own churches, mosques, temples or whatever, are not as free as they were, although they are much freer than in many other parts of the world.
The faith groups reach out to the community with their voluntary organisations. The Charity Commission said to the Plymouth Brethren, “The reason why we want to take your charity status away is that you are not reaching out to the community.” The Brethren know, however, that when they reach out to the community, their beliefs immediately run counter to the demands made on their organisations by the local authorities. Paradoxically, that is why the Plymouth Brethren want to retreat into themselves: they feel under threat from the wider world—their ethos is under threat. Therefore, they want to protect their young people, but, having come to the conclusion that the only way in which they can do so is to educate themselves, they find that the Charity Commission says, “That is not good enough. You are not reaching out to the wider world.” They are in an impossible situation.
I ask only one thing of the Minister. Please, ponder the debate and leave faith groups, their organisations and their ethos alone.
Chris Williamson (Derby North) (Lab)
It is a pleasure to be serving under your chairmanship, Mr Walker, I think for the first time.
I congratulate the hon. Member for South Northamptonshire (Andrea Leadsom) on securing the debate, which is important and has been a good and interesting one. I share her exhortation to local government to work with faith groups, which do such a wonderful job in our communities.
I shall touch on some of the comments made by hon. Members. The hon. Member for Congleton (Fiona Bruce) referred to the need to build the capacity of faith groups. That is an important goal to enable faith groups in the community to provide the support facilities that they might wish to see and from which the community might benefit. She also cited a number of good examples of the excellent work that faith groups are doing in her constituency and in the wider area. We can probably all cite such examples of faith groups doing excellent work. She also referred to the partnership activities in her constituency, such as the work of the fire and rescue service with a faith group. The fire and rescue service is doing a wonderful job throughout the country, so it is good to see a collaboration taking place as she outlined. The hon. Lady mentioned a low level of engagement in some parts of the country, which we need to be mindful of and to tackle. It is helpful to raise the issue in today’s debate as one that needs to be looked at.
My right hon. Friend the Member for East Ham (Stephen Timms) has considerable experience in this area, and he does some excellent work. I am sure hon. Members know of his contribution to the whole agenda. He identified the fact that faith groups not only of Christian denominations, but right across the piece—faith groups of all persuasions—do some excellent work in the community. He also highlighted some of the obstacles to collaboration, which we need to tackle.
The hon. Member for Banbury (Sir Tony Baldry) said that the state cannot be responsible for delivering everything. I agree, but the state has a role, and the debate is all about how the state can work alongside faith groups. Nevertheless, I take issue with him on his point that the state cannot be responsible for compassion: the national health service is the very embodiment of the state showing compassion to its citizens. Similarly, the establishment of the welfare state is an example of the state showing compassion to its citizens.
While it is true that the welfare budget has grown, and the hon. Gentleman made the point that it cannot continue to grow exponentially, we should not expect faith groups and the wider voluntary sector to pick up the pieces, if the cap is set at such a level. In such circumstances, the state should not put the onus on faith groups, but ensure that any cap is imposed compassionately. That means ensuring that employers do not exploit their work force but pay appropriate wages, so that people are not reliant on the state. It also means ensuring that landlords do not profiteer and charge excessive rents, leading to a ballooning housing benefit bill, and that unemployed people are guaranteed employment. By doing those things, we can ensure that no unreasonable burden is placed on voluntary organisations. I hope that the hon. Gentleman was not suggesting that having a cap means that it would fall to faith organisations to fulfil the role that the state, rightly, should be fulfilling.
Andrea Leadsom
I think the hon. Gentleman might be slightly missing the point of this debate, which is about how to support and empower faith groups to do more in the community. It is not some kind of political talk about austerity and how it might affect the state’s need to depend on faith groups. He might be looking at the issue from the other end of the telescope.
Chris Williamson
I was merely responding to the comments made by the hon. Member for Banbury, who mentioned the cap and the argument that welfare spending cannot continue to grow exponentially. I was merely pointing out, as the hon. Lady did, that the debate is about how we can facilitate and enable faith groups to fulfil their full potential and work in collaboration. However, such groups should not be a substitution for the role of the state. I think the issue is about a partnership and a collaborative approach—or at least I hope it is. I was responding to the hon. Gentleman’s comments, in case there was any misunderstanding about what he was saying, and I simply wanted to put our views on the record.
The hon. Member for Gainsborough (Sir Edward Leigh) referred to the impact of equalities legislation on the role of some faith groups. He raised the example of adoption agencies that no longer provide a service because of the imposition of equalities legislation. It is important that all organisations and all of us are subject to the law. I do not think that it is appropriate to say that one particular interest group should be exempt from the law of the land. Equalities legislation is the law of the land, and all organisations, whether they are faith groups or otherwise, need to be subject to it.
The hon. Gentleman also said that the state should leave faith groups alone and let them get on with what they do. That also potentially misses the point of the debate, which, as we have already touched on, is about how local government can work more closely with faith groups, so it is a question not of leaving them alone but of how they can work more effectively together.
Faith groups are integral to the fabric of many communities, and they do some excellent work. We have heard some examples of that, such as youth work, working alongside and providing support to homeless people, food banks and street pastors. That is excellent work. I know that many local authorities value the input from faith groups.
Sir Edward Leigh
I may have expressed myself badly, and I apologise. The hon. Gentleman has obviously misunderstood what I said. I was trying to say that if faith groups are put in a position where they feel that they must be supported by local authorities and conform to the authorities’ ethos—he who pays the piper calls the tune—there is a real danger that they gradually become impoverished in their belief. It will be a kind of vicious circle: as they can survive only because of the money that is provided, they will have to subscribe to secular beliefs and culture. They will lose their very vitality, which is formed by faith. That was the point I was trying to make, perhaps badly.
Chris Williamson
I am grateful for that clarification. That is a pessimistic view, to be honest. In my experience, local authorities work well with faith groups and try to facilitate their activities. A shared approach is a partnership approach, and sometimes there will be tension. Part of the reason for having this debate is, I hope, to discuss that and look at ways in which some of those obstacles may be overcome.
Some of the difficulties relate to a lack of understanding, and to expectations. Indeed, sometimes there is a lack of awareness or understanding between faith groups. It is important that local authorities try to come up with ways of ensuring that such misunderstanding is overcome. There are some good examples of that happening around the country. In my own constituency, the forum of faith groups, which was established by the local authority, works extremely well. It brings all the faith organisations in the city together and facilitates working between different faith groups and alongside the local authority and other statutory agencies.
The work that faith groups do around the country—certainly where they work closely with the local authority—helps to facilitate community cohesion in their areas, particularly where we have umbrella organisations that bring together the different faith groups and provide an opportunity for discussion. I think that that is valued, and I hope that we will see more of that approach around the country.
To conclude, the key is that the work of faith groups should complement, not replace, the role of local government and public service agencies and the services that they provide.
Jim Shannon
I feel that the thrust of this debate among contributors and those who have made interventions is to underline the good work that faith groups do, particularly where the Government have not been or are not working. Surely the thrust should not be that the Government should restrict faith groups, but work alongside them.
Chris Williamson
I totally agree with the hon. Gentleman. Certainly the Government should work alongside faith groups, and there are plenty of examples of that. There are some examples of their not working so well together, and I hope that we can overcome that. Rather than faith groups doing their own thing and public service agencies doing theirs, much more can be achieved by working together. Where there can be collaboration, faith groups can add value to the public services that are provided by local and national Government.
Andrea Leadsom
The hon. Gentleman is saying that the work of faith groups should complement, not replace, that of local authorities, but what about, for example, the hospice movement, which is largely voluntary? That is not complementary to, but instead of, local authorities. Does he not see that on many occasions faith groups provide services instead of local authorities, not alongside them?
Chris Williamson
That is a good example, but it does not undermine the general thrust of my point. I am not saying that faith groups should provide services that are already being provided; they are just adding to them. The hospice movement, which the hon. Lady identified, is a good example of an addition that may be provided.
We are probably on the same page; I do not necessarily think there is any difference between us on that point. It is important not only to understand the significant role of faith groups, but to try to facilitate a better understanding between local government, other public service organisations, and faith groups. Facilitating that joint approach would enable the services that are provided by both the public sector and the faith group sector to be much enhanced—
Mr Charles Walker (in the Chair)
Order. The hon. Gentleman has had 14 minutes. I call Mr Mark Prisk.
The Minister for Housing (Mr Mark Prisk)
Thank you, Mr Walker. In the time available, let me start by congratulating my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) on securing the debate and on her thoughtful, balanced contribution, which covered an interesting range of issues. I think that that has been the case for the debate as a whole.
In a sense, underlying my hon. Friend’s powerful argument was her question of plurality, although I do not pretend to have an immediate answer to that. I totally understand the point made by my hon. Friend the Member for Gainsborough (Sir Edward Leigh) about the danger of a society and Government mindset that becomes ever narrower, perhaps for the best of intentions, but nevertheless does not take account of the fact that there are different perspectives that we need to respect in society as a whole.
I strongly feel that faith communities play a very important role at the local and national level. It is about helping many people to strengthen their moral outlook, and about the way in which such groups help people and provide a service to others, by being good neighbours. It is also about the way in which we help those in genuine need. As several people have said, it is true that Governments of whatever political persuasion have tended to ignore or misunderstand the role of our faith groups, and today’s debate gives us an opportunity. I am a Minister in a Department with a Secretary of State who takes this issue seriously, as my hon. Friend the Member for Banbury (Sir Tony Baldry) mentioned, and we not only welcome the report, but applaud its contents and the work that it records. As we have heard, Governments have perhaps been cautious in the past about engaging with such things. They have perhaps been wary of being seen to take too strong a role in the direction of certain faiths in a society in which, as has been rightly described, aggressive secularism has a strong and powerful voice. As a Government, we welcome the report and the work of faith groups.
The debate and the report have informed us of the huge range of activities in which such groups are involved. Hon. Members have mentioned food banks, fostering services, the work of CAP debt agencies and street pastors. I have been out with the street pastor group in my constituency. Among the flip-flops and the lollipops, they play an important pastoral role. In my case, that was in Bishop’s Stortford, but the project that my hon. Friend the Member for South Northamptonshire visited sounds even more exciting. The fact that senior police officers take it seriously and recognise the role of people in the community who give their time to help others is an interesting sign of what can be achieved.
Before I come to the specific questions that have been asked, I will touch on faith groups’ role in homes and homelessness. I have seen marvellous work undertaken, whether that is through the Passage, the Salvation Army, or St George’s Crypt in Leeds. People are making a difference, not only by providing shelter to those who are homeless, but by helping them to change their lives and get back to being able to stand on their own two feet, and that is very much led by faith.
Several hon. Members mentioned the role of Churches Together, and churches and faith groups around them can help new communities as well. In Devon—in Cranbrook, near Exeter—alongside the work that we are doing as a Government with bricks and mortar to establish a lasting community, I was delighted to see the role of the Churches Together, which has ensured that, from the start, there is a minister—not a Government Minister—for Cranbrook, Mark Gilborson, who is helping to bind the community together. Whatever I may do as Minister for Housing, communities will not be defined by bricks and mortar; they will be defined by people and how the community binds together.
Let me turn to hon. Members’ specific points. It is right to say that there has been a perception in national and local government—sometimes falsely, on the basis of misconceptions or fear, but perhaps also due to a lack of understanding—about what faith groups can be, and of what they do and add. To counter some of the more cautious discussion in the debate, the survey by the Evangelical Alliance, which underpins the report, suggests that things have moved on and that many councils are now positively engaging. There are problems, however. We as a Department are actively involved in ensuring that some problems relating to what is termed overstretch, and to the bureaucracy that can often be overwhelming for small, faith-based groups, can be overcome. It is also important to tackle the problem that even if councils have recognised that faith-based groups are strong, and they are willing to commission services from those groups, we have seen a minority of cases in which they have made it clear to such groups that they need to be quiet about their faith.
The Government do not regard it as reasonable for local authorities to impose such conditions in contracts, even though they may legally be at liberty to do so. We are, of course, not talking about public money paying for specific religious worship—indeed, we all want to ensure that services are open and for a common cause when public money is involved. However, let us face it: the vast majority of church and faith groups are perfectly capable of sticking to those rules. The key point is that people need to be able to be honest about their faith, without necessarily needing to impose it on somebody else. That is the balance that I would encourage councils to consider.
I am not complacent about the challenge, but more can be done to establish a more productive working relationship with some councils, so I want to offer two or three practical points in response to what hon. Members raised. The Evangelical Alliance is planning a series of road shows to bring together church leaders and senior local government officials to work through the report’s findings jointly. The point made by the right hon. Member for East Ham (Stephen Timms) about a covenant might well fit into that dialogue. I am pleased to say that my departmental officials are actively involved in that process, and I strongly encourage councils to take part. In fact, I go further and encourage hon. Members in the Chamber to encourage their councils to ensure that they participate.
There is an issue about the term “religious literacy”. There are ways to improve things, whether that is by starting with those groups who are more actively engaged in the community, or by having, as my hon. Friend the Member for Congleton (Fiona Bruce) suggested, a dedicated officer or councillor who can take the lead, change the culture, open minds, and understand that there is a different perspective, because such a process can start to break down some of the misunderstanding. It is also important that we play a role, which is why we will set up our own seminars that will be deliberately designed to start to look at where there are such gaps and problems, and at what can be done to change that.
Let me turn briefly to the question of the Plymouth Brethren. As hon. Members will know, I need to be cautious, in that the Charity Commission is independent of Ministers and it is not for me to interfere in any individual decision. We should not rush to any judgment about changing the definition of charity. An appeal has been lodged, and I think it will be held in September. As my hon. Friend the Member for South Northamptonshire and others pointed out, the Brethren do good work, as do so many other faith groups. I want the case to reach a speedy resolution and for both sides to resolve the matter. This needs to be done with open minds, not closed minds.
Several other excellent points have been raised. Inter-faith is an absolutely crucial issue, and the Near Neighbours programme and the £5 million we are investing is important. However, let me conclude by saying that this has been a timely debate. It is right to say that, in the past, some of our faith groups have felt either ignored or misunderstood by both central and local government, and that is why I welcome the report. I know that my noble Friend Baroness Warsi, who leads on the issue in the Department, will want to take matters further, particularly with regard to how we increase co-operation between councils. Perhaps rather than using my words, however, I may conclude with those of Dr Sentamu, the Archbishop of York:
“Building strong working relationships between local authorities and religious communities should not be based on mere ‘tolerance’. It should be about talking, listening, and growing together. Together, working in unity of spirit, we are stronger than when we try to do things in isolation.”
Digital Exclusion (Glasgow)
(11 years, 4 months ago)
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Ann McKechin (Glasgow North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Walker.
Last week, the Chief Secretary to the Treasury announced further plans to roll out superfast broadband across the UK, so that it will reach 95% of the population by 2017. No one doubts that Government investment in that type of infrastructure is key to promoting further growth; and, in comparison with other parts of Scotland, Glasgow ranks as one of the best for superfast broadband availability and is also benefiting from the Future Cities spending. However, one reason why I have requested this debate is to caution that collectively we may have become too fixated on the rate of installing hardware, compared with the level and depth of usage by our citizens. The two are interconnected, but very often our strategic priorities and procurement policies do not match those needs together. I believe that the Government should do more to link their substantial investment in broadband with investment in citizens’ participation. I hope today, as well as setting out the scale of the challenge, to suggest some practical ways in which the Government could better adapt their policies to provide a more comprehensive strategy.
I have long taken a close interest—I have done so throughout my years in Parliament—in how Government initiatives and policies, whether lottery funds for community groups, the introduction of tax credits or the recent changes in family migration rules, are understood in my local area. Frequently, bureaucracy underestimates or simply fails to understand how, and to what extent, the general public absorb information and application processes. Many Scottish Members will recall the disaster of the 2007 Scottish Parliament election, caused in part by officials simply deleting one line of instruction at the top of a ballot form.
During the past year, I have spent more and more time with local groups and community activists, talking about the impact of the digital divide, particularly in relation to those seeking work and the forthcoming introduction of universal credit. Last year, Ofcom reported that Glasgow had the lowest level of broadband take-up of any major UK city. My hon. Friend the Member for Glasgow Central (Anas Sarwar) is here today. Sadly, it is not a surprise to those of us who represent a Glasgow seat that it is at the bottom or top of a league table for things that are not very good. There are many historical and economic causes of our city’s ingrained poverty, but in the case of digital access, the scale of the gap should result in a call for action, rather than simply a shrugging of shoulders.
Anas Sarwar (Glasgow Central) (Lab)
I congratulate my hon. Friend on securing this important debate. The statistics from Glasgow show that up to 60% of people have access to broadband. That means that 40% do not. Given that access to many Government services is online only, particularly with some of the welfare changes, does she recognise that that could pose difficulties for the most vulnerable people in the city of Glasgow?
Ann McKechin
My hon. Friend has raised the point that I was going to raise in the next paragraph of my speech—clearly, he must have had advance sight of it. He has made exactly the right point, because this is a question of social justice, not just access to a certain piece of technology.
Ofcom’s 2012 consumer market report showed, as my hon. Friend mentioned, that only 60% of Glasgow’s households had access to fixed broadband, compared with a UK average of 76%. We know that at-home access is vital to allow our citizens to gain the most value from use of the internet. Against that UK average of 76%, it is perhaps not surprising that the Government, in moving to digital by default from this autumn, are working on the assumption of moving 80% of benefit applications online, but let us dig a little deeper into those figures for Glasgow.
Last month, I was pleased to host a seminar at Westminster with the Carnegie UK Trust, which has recently published a report called “Across the Divide” by Douglas White that is an in-depth review of 200 families in the city and how they are affected by the digital divide. There is much to commend in that excellent report, which is instructive not only for Glasgow but for other areas of the country that suffer from high levels of socio-economic deprivation. It should not surprise the Minister that the author pointed to very similar figures in parts of North Ayrshire, West Dunbartonshire and North Lanarkshire, which surround the city area, but I particularly draw the Minister’s attention to the charts at the start of chapter 3, which show the gap, in terms of both age and socio-economic groups, between Glasgow and the UK average. For the social group C2—a group that is often affected by our social security systems—the divide is an astonishing 25%. Against a UK average take-up of 72% for that social group, the Glasgow figure is only 47%. What happens when age is added to the equation? In the city’s entire 35-to-64 age group, only 35% have access to broadband in their house.
In some of the most deprived areas of the city, housing associations and other community groups estimate that only 20% of their tenants at most have direct broadband access. However, as the figures reveal, this issue affects all sections of the community and all demographics. There are a multitude of reasons for the gap, and the report goes into them in some depth, but cost is the primary one. For people on a low income, a fixed phone line is now a luxury that many drop in favour of pay-as-you-go mobile phones. As the Carnegie report showed, the monthly communications budget for the city’s lowest socio-economic groups is about £30, compared with a UK average spend of about £100.
The Government’s aim to move to digital by default is certainly doing more to raise the importance of the issue, but there is a real fear that we simply do not have the scale of resources required, not only for hardware access but for appropriate software and access to training and support. This is not a problem for which a one-size-fits-all approach will work. It needs a comprehensive and segmented strategy, with political commitment over the long term.
Citizens Advice Scotland, in a report issued in May called “Offline and left behind”, which included interviews with 1,200 clients, found that nearly 72% would struggle to apply for a job online and that almost half those who said that they would be completely unable to complete a benefits application online said that the main barrier was that they had never used a computer. Research conducted this year by the Prince’s Trust with young people who fall into the NEETs category—not in education, employment or training—found that one quarter dreaded filling in job application forms online, while one in 10 admitted avoiding computers altogether. As the Minister will be aware, literacy and numeracy levels play a very big part in that.
Having spoken to my local citizens advice bureau, to welfare rights officers and to my own casework staff, who recently attended a demonstration at the local Department for Work and Pensions office, I understand that the anticipated time to complete a new universal credit application is one and a half hours. Moreover, there is no provision to save information if someone wishes to pause the application process. We all have busy lives. There will be times when we are on the computer and we want to pause it, go away and look for some other bit of information and come back to it, but this is the classic “The machine won’t let us do it” approach. Frankly, it is a completely useless IT approach that by now the Government should have banned from any front-of-house application. Even those experienced in these systems are aghast at the complexity of the process.
In addition, as the Minister will be aware, jobseeker’s allowance applicants are regularly instructed to spend multiple hours each week searching online for work, but little assessment has been carried out of the actual availability of free-to-use computers in local areas. Last year, I started to carry out a survey in my own constituency of where free-to-use computers were available and what training or lessons might be appropriate and accessible if people wanted to go online and complete CVs. I then began to realise that I was the only person trying to collate that information and I was eventually contacted by a Scottish Government agency, which agreed to fund the publication of the list, so that we could distribute it to a whole host of community groups and public offices.
Absolutely no mapping has been done of where computer access is available. I know that the DWP is now trying to establish local job clubs in my constituency and many other areas, where people can access computers on an informal basis. That is all well and good, but it has only just begun that process and it takes time for community groups to find the finance, to get organised and to get the equipment—yet we are facing that radical change in a few months’ time. That is why I urge the Minister to scrap the Government’s aim of starting with a target of 80% of benefit applications being made online. It is unrealistic, grossly unfair and runs the risk of vulnerable people losing essential financial support.
What is the alternative target? I am sure the Minister will respond by saying that there has to be a target. We should all want greater online access for our constituents, because it means not only the ability to apply for benefits and search for jobs, but the opportunity to benefit from cheaper utility costs, new sources of information and knowledge and greater connectivity with the wider community. Such targets are useful to measure and drive success, but they need to be based on evidence, with a clear strategy to improve take-up. There are good examples to follow, and I point to the programme that introduced digital TV switchover as an excellent example: it adapted messages for different segments of the public; it worked with all tiers of government and local community organisations to ensure efficient delivery; and it constantly analysed evidence throughout the project and adjusted its work to suit, to ensure that it became one of the most successful Government programmes of recent years delivering information and change to the entire public.
The question that is always asked in these difficult economic times is, can we find the finance for such work? The answer is yes: to return to the point I made at the beginning of my speech, we need to integrate funding solutions with the provision of the hardware that delivers the service. I suggest that we take a small slice of the funds that we set aside for mass broadband coverage and use it to finance a public community access programme that is fit for purpose.
How do we tackle the depth of the problems faced in my home city? I was struck by the success of a community project that began in Liverpool a couple of years ago, and which has witnessed a substantial increase in usage by the population. There are certainly lessons from its success that we in Glasgow need to learn. Glasgow city council launched a digital participation group earlier this year as part of its new digital strategy, which is good, but we need the UK and Scottish Governments to respond positively to that initiative. Both Governments should look at using Glasgow as a pilot for the wider task of tackling digital exclusion wherever it occurs in the country. We need a comprehensive and segmented approach based on good-quality evidence and clear messaging. We need clear branding, which everyone in the community understands at all levels. The Carnegie UK Trust recommended creating local role models or digital champions.
Government also have a role in assisting local authorities and communities with procurement. Some of our larger registered social landlords, such as Glasgow Housing Association, are piloting special deals for their tenants that directly address the issue of cost, which is good, but given that more and more people are finding themselves in private residential properties or renting from much smaller landlords, we need to extend such schemes to everyone on low incomes. The Government can disseminate best practice, co-ordinate action and ensure that services are delivered to the public we serve. I hope that both Governments and agencies such as Ofcom will assist with a thorough mapping exercise and bring in the expertise and support of the private sector.
I mentioned software and the question of how people with few skills or qualifications can access information on computers if they do not have experience of doing so. We need simplified software that will work for them and to offer support to build their knowledge and experience, rather than just using a couple of apps. Some of the experience has been that those in the lower socio-economic groups, if they have a mobile phone, may use only eight apps in total, so we need to create a deeper and more valuable experience for them.
I appreciate that the Minister has been called in at very short notice to respond to this debate. His colleague, the Under-Secretary of State for Scotland, has advised me that he has a previous and long-arranged engagement with Her Majesty at Holyroodhouse. I well understand why he is otherwise detained, but I should like formally to request a meeting with the Under-Secretary of State in the near future so we can discuss these issues in further detail. I want to be practical today and offer suggestions to the Government that are achievable and will assist everyone. We do not want people or communities to have a digital divide, but to see a new digital era in which everyone can take part.
The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
I congratulate the hon. Member for Glasgow North (Ann McKechin) on securing this important debate, speaking in large part to the findings of the Carnegie UK Trust report, on the challenge of digital exclusion in Glasgow. In presenting its findings and some of the difficult and challenging issues raised, she did huge justice to the report. I commend her for the typically practical and constructive approach she has taken this afternoon.
How we involve more people in the digital community is an important subject, which we take seriously across Government. My right hon. Friends the Under-Secretary of State and the Secretary of State for Scotland are mindful of the issues the hon. Lady raised this afternoon and are aware of the report. Without wishing to make diary commitments on behalf of the Under-Secretary of State, I am sure that he will be more than happy to meet the hon. Lady to discuss the topic in greater detail. I will let him arrange that with her. Much of the agenda we have talked about is devolved, and it is in large part the responsibility of the Scottish Government to address the issues, but I assure hon. Members that the UK Government are working hard to raise the level of digital inclusion across the whole of Britain.
The Carnegie UK Trust report says that Glasgow has one of the lowest broadband take-up rates in the UK, which is true, but we should not allow that to overshadow the progress that has been made in the city. Take-up in the greater Glasgow area increased by 20% between the start of 2011 and 2012, exceeding the Scotland-wide rate of increase, which is closing the historic gap between Scotland’s broadband take-up and the UK average. Catch-up is taking place in Scotland and in Glasgow itself, so we can point to a relatively positive picture, but that does not detract from the gap that the hon. Lady spoke about.
The concept of digital inclusion lies at the heart of the Government’s digital strategy. “Digital by default” is our ambition for Government services, but it is not and will not be mandatory for everyone. It is important to stress to all hon. and right hon. Members that we all need to do our bit to dispel any scare stories or myths that suggest that people will not be able to access the services they are entitled to or claim the benefits they need if they do not have access to the internet at home. I was interested to hear the hon. Lady’s point about not being able to pause in the middle of an online application for benefits. That is the first time I have heard about it. I will certainly look into it, and not only from a Scottish perspective.
We recognise that it will not be possible or appropriate for everyone to receive and manage future payments of universal credit online. The Department for Work and Pensions is working closely with local authorities, to provide access to the benefits system in a variety of ways. As part of that, the Department is sponsoring local authority-led pilots around Britain, including in Dumfries and Galloway and in North Lanarkshire. For those able to use the internet, but without their own computer, all the Government’s digital services are available through the free internet access provided at libraries, and in this Glasgow is particularly well served, with 33 local libraries in the Glasgow city area offering free internet access. I completely take her point that internet access at home is particularly important for a jobseeker.
Ann McKechin
I am grateful to the Minister for replying in such a positive manner, particularly about the online application form for universal credit—my caseworkers were horrified when they came back from a presentation on it. In some parts of the city of Glasgow, where broadband access is at only 20% and there may be only one small library, there are physical issues with the sheer lack of computers, and that is even if all the libraries in the city provided them. There are queues of people trying to book appointments at the library. They are competing not only with other job applicants, but with other users of library services.
Stephen Crabb
I hear what the hon. Lady says. All I can say in response is that the Secretary of State and the Under-Secretary of State meet regularly with Scottish Government officials and Ministers, and with city council leaders as well, and if there is a physical capacity issue, in that there is not enough digital infrastructure for the demand, meaning that people who do not have internet access at home cannot benefit from the publicly available services, they can certainly discuss that with them.
As the Minister of State, Department for Work and Pensions, my hon. Friend the Member for Fareham (Mr Hoban) has previously said in the House, all jobseekers claiming benefits have a personal adviser whose role it is to support them back into work. If an adviser identifies that someone does not have the knowledge and skills needed to access online services, they can discuss those needs with the jobseeker and arrange for suitable IT training to be provided. In fact, the Department for Work and Pensions is currently piloting a digital skills assessment tool in four jobcentres in the east of Scotland, which will be used by advisers to assess claimants’ digital ability. I hope that what I have said goes some way in addressing the hon. Lady’s point about jobseekers’ lack of skills in relation to making job applications or accessing benefits online.
The hon. Lady slightly humorously talked about Glasgow being at the top or the bottom of the league table of things that were “not very good”—I think that was her phrase. We should remember, however, that some really positive and encouraging things are happening in the city. I am sure that she and the hon. Member for Glasgow Central (Anas Sarwar) will be only too aware of those initiatives, and will have done their bit to champion and support them in recent months and years.
I would like to take this opportunity to highlight a few of Glasgow’s recent successes. The UK Government are supporting the city of Glasgow to lead the way in using modern technology to support growth and increase sustainability. Glasgow beat off bids from a number of other cities around the UK to be awarded £24 million as the host city for the Technology Strategy Board’s future cities demonstrator project. The university of Strathclyde recently secured funding for two of the UK Government’s catapult centres, looking at offshore renewable energy and high-value manufacturing, which are important sectors for future growth. In 2013, Glasgow overtook Edinburgh in the global financial centres index for the first time, making it the highest-ranking financial centre in the UK behind London, and Glasgow is to host the Commonwealth games next year, which will be a highlight for the whole of our country.
Anas Sarwar
I thank the Minister for listing all those fantastic Labour achievements in the city of Glasgow. May I add another? Glasgow city council has made a commitment to there being free universal broadband right across the city by the end of this council term, and to every single Commonwealth games venue having broadband by the time of the games next year.
Stephen Crabb
The hon. Gentleman must have had previous sight of my speech, because that is the very next sentence. Glasgow city council is planning for a free open-air wi-fi network to be available in Glasgow city centre in time for the 2014 games, and I think we all recognise that that will mark another major step in Glasgow’s progress towards full digital inclusion.
I point to the fact that the recent spending round announcements include significant extra resources to support infrastructure investment and growth in Scotland. That is good news for Scotland, because an increase in capital spending means better infrastructure, greater competitiveness and more jobs, which clearly shows how Scotland continues to benefit from being part of the United Kingdom.
I conclude by saying that we will make a point not only of ensuring that my colleagues at the Scotland Office see what was discussed this afternoon, but of feeding the comments made and the questions asked through to my noble Friend Lord Freud, the Minister for welfare reform at the Department for Work and Pensions. Some of the issues raised deserve a full response, and we will ensure that the hon. Lady receives that response in due course. I commend the hon. Lady on how she has addressed the issues this afternoon, and the Carnegie UK Trust on its excellent report into digital exclusion in Glasgow, entitled “Across the Divide”.
Recession (Standards of Living)
(11 years, 4 months ago)
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Mr Jim Cunningham (Coventry South) (Lab)
I think this is the first time you have chaired an Adjournment debate that I have secured, Mr Walker. I am pleased to have been able to do so. As politicians, it is easy to find ourselves speaking about statistics and general trends, but it is important that we take stock and reflect on what it is like to live in our country. What sort of lives are people living? What sort of hardships are they suffering? We have to put ourselves in the position of the poorest and most vulnerable in our society to remind ourselves how much more work needs to be done. We should judge our society on how we treat the worst-off, not on how we treat our millionaires, and we are failing that test.
A key issue that I am keen to stress is that monthly expenses have been bloated by debt repayments and rising transport and fuel costs, leaving families with less spending power. For the fourth consecutive quarter, monthly expenditure by UK families has grown, with current typical outgoings up by 3% since August 2012 and by 22% since November 2011. The rise in living costs has been clearly visible over the past 12 months. Since 2008, the consumer prices index has risen by 17%, but other measures suggest that inflation over that period has been much greater. The minimum income standard used by the Joseph Rowntree Foundation indicates that the cost of a standard basket of goods and services has increased by 25%.
Based on those figures, the minimum earnings required to secure an adequate standard of living would be £16,850 for a single person, £19,400 for a working couple and £25,600 for a lone parent. All those are well above the salary of a job that pays the national minimum wage, and they are dangerously close to the average income level in the UK. Although it is true that the average income in the UK has increased in recent years, those figures show that the increase has been accompanied by a disproportionate rise in the cost of crucial commodities. The obvious effect is that standards of living are falling, as people cannot purchase as much of a commodity as previously, meaning that less is spent on luxury items, personal items and leisure goods. The biggest declines in the percentage of people spending on a certain items between November 2011 and January 2013 involve furniture, appliances, clothing, sports equipment, make-up and the motor industry. I am concerned about the broader impact on the economy, as British industry finds that demand in the consumer base is low.
Mr Iain McKenzie (Inverclyde) (Lab)
I congratulate my hon. Friend on securing this important debate. Does he agree that pressures on families result not only from the rising cost of food and fuel, but from the fact that most families up and down the country are taking an average £1,200 reduction in their salaries?
Mr Cunningham
I am outlining the consequences of the reduction to which my hon. Friend refers, and I want to look more closely at some of the rising living costs.
The most basic expenditure to affect living standards is surely food. Despite the growth in the popularity of own-brand food labels and budget supermarkets during the recession, outgoings on food shopping are still rising. Inflation of 3.13% means that a typical family now spends £234 more on annual food bills than they did in November 2011, which puts significantly more pressure on the earnings required to secure an adequate standard of living for the whole family.
An inability to respond to that pressure has left families with an unacceptable standard of living. There is evidence of that across the country, including in my constituency and surrounding areas. Research has shown that about one in five people in the west midlands have to skip meals and go without food to feed their family. Some 70% of families who are suffering from food poverty have to rely on food supplied by schools in the form of free school meals, breakfast clubs and other school clubs. As a result, more than a quarter of families suffering from food poverty are unable to provide all the meals for their children during school holidays. I am sure that we all agree that that situation is unacceptable. If we judge our society on the basis of the situation faced by the worst-off, it is clear that something needs to be done to improve the ability of families to provide meals for their children without having to go without food themselves.
Another significant section of expenditure is on travel. Average rail fares increased by 5.9% in January 2013, combined with inflation of 4.96%. Expenditure on everyday travel has grown more than any other costs since November 2011. The typical UK traveller spends £341 more every year, and the fact that there was a further average price rise in January 2013 means that such rises are likely to continue.
I have raised my objections to high-speed rail elsewhere, so I will not get into that today. After a previous Secretary of State for Transport, the right hon. Member for Runnymede and Weybridge (Mr Hammond), described high-speed rail as “a rich man’s toy”, I have not been assured that we will not see transport costs rise even further to pay for high-speed rail. Travel costs do not appear to be a real concern for the Government.
The increasing prices applied by utility providers are putting significant pressure on households. The resulting energy bills have drained an extra £221 from their budgets every year since this Government came to power. Such increases have caused the cost of living crisis that afflicts millions of families across this country, reducing their ability to secure an adequate standard of living. Those issues are compounded by the fact that, according to a study by the Institute for Public Policy Research, 5 million homes are overcharged by energy suppliers. Yet the Government have backed “business as usual” in the energy market, with energy companies having paid out £7 billion to shareholders, which is a clear refusal to challenge the practices, pricing and structures in the energy market that are causing such difficulties for families and individuals alike.
I believe that it is our responsibility to ensure that energy bills are kept at a manageable level for families. When Labour left office, there were 1.75 million fewer households living in fuel poverty, including 500,000 fewer vulnerable households, because our policies—such as winter fuel allowances, cold weather payments and improvements in energy efficiency through the Warm Front scheme and tough requirements on energy companies —ensured that they could spend the amounts of money required to secure an adequate standard of living, rather than having to overspend on energy bills.
Housing expenditure, and specifically rent, makes up a considerable portion of families’ overall expenditure. As a result, the cost of rent can have a huge impact on a family’s standard of living. The greater the proportion of total expenditure taken by rent, the less the family’s ability to spend in areas that would secure it an adequate standard of living.
Anas Sarwar (Glasgow Central) (Lab)
I congratulate my hon. Friend on securing this massively important debate. May I point him to a comment made by Donald Hirsch, the author of the recent Joseph Rowntree Foundation report on living standards, who stated that
“the next election is likely to be the first since 1931 when living standards are lower than at the last one”?
Does that not represent a failure of the current UK Government?
Mr Cunningham
I agree with my hon. Friend, and I have just outlined the consequences of that.
If the issue about rent is taken as a reflection of the overall situation across society, there is serious cause for concern. On top of that, the Prime Minister promised 100,000 new homes under the NewBuy scheme, but there were just 2,000 by May 2013. Indeed, home ownership has fallen from 64% in November 2011 to 59% in January 2013, which is the result of families increasingly shifting to rented properties. The increasing trend towards renting means that 25% of UK families are now in rented accommodation, which is a significant rise from 19% in November 2011. Meanwhile, rent in the social housing sector has gone up by 26%, and the number of families using social housing, including council housing, has increased from 11% to 15% in January 2013.
According to the debt charity StepChange, the combination of those factors has caused the proportion of its clients with rent arrears to increase significantly— from 5.6% in 2010 to 8.6% by the end of 2012. I would describe rent prices as one of the most pressing problems affecting living standards today, and I believe that it needs to be urgently addressed.
StepChange’s findings about rent arrears bring me to another key element of expenditure that is rising—debt. Between November 2011 and January 2013, average debt repayments increased by almost £20 a month or £240 a year. That is accompanied by a dramatic rise in the number of families seeking help for utility bills and with council tax and rent arrears.
Although overall debt levels have decreased, households are now struggling with priority debts that many were previously able to meet. More than a third of those seeking help from StepChange are in arrears on at least one household bill. I find it particularly striking that clients over 60 have the highest overall levels of arrears and single parents have the highest levels of rent, council tax and water arrears. The sad result is that 78% of StepChange’s clients felt that debt problems had undermined their self-confidence and their ability to support both themselves and their family.
There are plenty of other examples. According to research by Consumer Focus, the number of households in debt to their electricity supplier has increased by more than 25% to 850,000, and the number in debt to their gas supplier has risen by 20% to more than 700,000. We all know how debt can be extremely destructive: being in debt can affect someone’s quality of life and financial stability. That matter requires urgent Government attention.
That leads me to the related issue of payday loans, which, thankfully, has been debated a good deal recently, so I will speak only briefly on it. Last year, there was a staggering rise in the number of people seeking help with payday loans. More than twice as many people—360,413—contacted StepChange for help with payday loan problems in 2012 than during the previous year. The data show that, on average, a client’s payday loan debt is up more than £400 on last year, and now exceeds their monthly income.
Mr McKenzie
My hon. Friend is being generous with his time. Like me, does he have an increasing number of constituents coming to his surgery who have got into debt? Does he also see an increasing number of shops on his high street offering payday loans?
Mr Cunningham
Like every other MP, I have increasing numbers of people coming to see me about debt. My hon. Friend is right to say that we are seeing more and more of those shops opening up on our high streets but, more importantly, nothing is being done about the television advertising that is leading people up the garden path. Payday loans can have a profoundly negative impact on people’s finances, but the problem is wide as well as deep. In March 2013, a compliance review by the Office of Fair Trading estimated that up to 8.2 million payday loans were made in 2011-12, and that a third either could not be paid back on time or could not be paid back at all. We are talking about some 2.7 million loans that could not be paid back on time, which demonstrates the difficulty and the strain felt by the public with regard to payday loans, and that pressure affects people’s standard of living. I fully support any action the Government take to tackle that problem.
Let me comment now on the backdrop of public sector pay freezes. In the spending review last week, the Chancellor announced yet another cap on public sector pay. He said wage rises would be limited to an average of up to 1% in 2015-16, thereby extending the clampdown by a further year. He also announced plans to seek savings by reforming the system of pay progression in the public sector. The incomes of millions of teachers, nurses, firefighters, council workers and civil servants will be squeezed even further in future.
Furthermore, the long-established and simple principle of pay progression based on experience looks to be the next target. That will be far more complex and potentially damaging to services. I am particularly concerned about the disproportionate impact that the measure will have on equality. Those who will suffer the most from such a freeze in increments will be low-paid women, who tend to have shorter service and not to have reached the full rate for the job. Given the sheer numbers of public sector workers affected by the pay squeeze, the effect on the economy cannot be ignored. Each public sector worker who suffers a continued pay freeze, combined with the rising cost of living, will have a much squeezed budget indeed. If we limit the spending power of such a large sector of the country’s work force that will be sorely felt in other industries.
The Government’s cuts are being felt in many other areas. However, they are perhaps most keenly felt in local government. Local authority services can have a significant impact on people’s lives, and they are being hit very hard by the cuts. In the spending review last week, the Chancellor confirmed that a further 10% in local government funding will be cut. Coventry city council has already lost £24 million of Government grant funding in the last three years and will lose a further £19 million next year. Last week’s announcement made it clear that councils will lose a further £18 million in resources. This year’s budget means that the council can spend £200 less on each resident than it could three years ago. I know that the council is working hard to minimise the impact of such cuts on front-line services, but however hard it works, the cuts will be felt by those who need help the most, and that is the case up and down the country.
No discussion of current living standards would be complete without reference to the bedroom tax. It has been discussed at length in the House, so I do not wish to dwell on the matter now. The Government estimated that 660,000 claimants will be affected by the removal of the spare room subsidy in the social rented sector, and the average loss in benefit is £14 per week. Those affected include 60,000 working-age housing benefit claimants living in the social rented sector in the west midlands at the time of its introduction in 2013-14.
The Government say that if people do not want to face the housing benefit cut, they can simply move into a smaller property, but where are those properties? There are simply not enough smaller homes available in the housing market. Tens of thousands of people throughout England are being forced to suffer a cut in housing benefit because they are unable to downsize. Like many other MPs, I have heard greatly distressing stories from constituents about how they are being hurt by the bedroom tax. I want to make it clear that I am extremely saddened by the tax and very much hope that the Government will review it in future. We should take every opportunity to make the Government aware of the hardship that they are putting many people through as a result of the under-occupancy penalty.
With children spending almost seven hours a day at school, the quality of the school environment has, without doubt, a key impact on their standard of living. In May 2012, the Government announced that work would begin immediately on the priority school building programme, which was welcome. However, of the 261 schools promised, only one has been started. Although the completion of that programme would undoubtedly improve the quality of the school environment for children, delays stand as a considerable barrier to progress on securing a better standard of living for children in our society. Perhaps children’s standard of living could be better secured and enhanced by investing more realistically, and in other ways, in schools.
Finally, let us consider for a moment what should happen to people who come into contact with the law. Unfortunately, that is something that happens to many people during the course of their life and, often they are totally unprepared. Equality before the law is fundamental to our society. Quite simply, we do not want to live in a society in which the rich can win legal disputes by hiring lawyers, and poor people lose because they have to represent themselves. The Government’s cuts to legal aid threaten that basic equality. Funding has been removed for private family law such as divorce and custody battles; personal injury and some clinical negligence cases; some employment and education law; immigration where the person is not detained; and some debt, housing and benefit issues.
Access to justice through judicial review will be restricted, as lawyers will be more reluctant to take on such cases due to the threat of not receiving payment should the case not get past the permission stage. That also restricts consumer choice for the public. The focus on the quantity of cases, rather than the quality, will lead to more miscarriages of justice, as providers will become motivated by case volume and efficiency, rather than the right to see justice served correctly. There is a good chance that the quality of legal service provided will deteriorate, as the lower fixed fees paid to lawyers under the new proposals cause them to focus on the quantity of cases that they take on, rather than the quality of each case. I am raising the issue of legal aid in the context of living standards because I see treatment before the law and access to justice as an integral part of our quality of life.
Mr Geoffrey Robinson (Coventry North West) (Lab)
Through you, Mr Walker, may I thank Mr Speaker for granting the debate and compliment my hon. Friend the Member for Coventry South (Mr Cunningham) on his comprehensive reply to the impact of the rise in costs of living, particularly on those on minimum wage and below-average wage, whom it has bitten hardest?
I am pleased that the Economic Secretary is responding to the debate. I am conscious of the fact that he was, as a Back Bencher, vociferous in his support of Government policies and he is eloquent in his defence of them, now that he has earned his much-justified elevation to the Front Bench, but I do not think that we will have much by way of change in his reply or, indeed, in Government economic policy, which lies at the heart of the problem of the cost of living.
The three central objectives of any economic policy for a country as a whole have to be, first, to secure growth—without economic growth we cannot achieve any of the objectives—secondly, to secure sound public finances and, thirdly, to ensure that our whole population has a rising standard of living. Those are the three basic social and economic objectives of economic policy. I regret to say that the Government have failed on all those and today we are debating the direct consequence of that.
Denis Healey, a distinguished former Chancellor—I am sure that the Economic Secretary will be aware of this—used to say, “When you are in a hole, the first golden rule is to stop digging,” but all we do is dig deeper. We were promised 6% growth and we have achieved 1%, and we have promises that, by the austerity policies adopted throughout Europe, we will see the deficit eliminated in 2015, but we now face not a small deficit in that year, but one of approaching £100 billion, and the prospect of eliminating the deficit put off almost indefinitely, but certainly for another three years and, with it, a further three-year squeeze on the standard of living of the ordinary people of this country. It need not happen. Even now, the Government could change course and alter the inevitable further erosion of standards of living in the country.
The Minister will try to blame it all on the previous Government, but that is wearing terribly thin now. The Government have been in office for three years. They own this policy; it is their creation and its failure is their failure. We plead now that the Minister takes note of the harm that this policy is imposing on the country as a whole and on individuals, as my hon. Friend so comprehensively detailed. I hope that we hear some change of tone, if nothing else, from the Minister.
The Economic Secretary to the Treasury (Sajid Javid)
It is always a pleasure to serve under your chairmanship, Mr Walker. I congratulate the hon. Member for Coventry South (Mr Cunningham) on securing this important debate and presenting his case so eloquently. I also thank the hon. Member for Coventry North West (Mr Robinson) for his contribution. I will try to respond to the points raised by both hon. Gentleman.
It is fair to say that we all want to see the UK economy performing strongly. It is also fair to say, probably, that although the hon. Member for Coventry South and I agree on that objective, we differ in our views on how best to achieve those goals. I will do my best to respond to the points raised, but it is only right to point out that when the hon. Gentleman came up with the title for the debate, on the effects of the recession on the cost of living, he must have been referring to the most recent recession, which was the one that took place under the previous Government. As we saw last week, the latest figures from the Office for National Statistics show that not only was that the most recent recession, but it was far deeper than originally thought. Originally, it was thought to be a 6.3% contraction in GDP, which would in itself have been the deepest peacetime contraction in GDP in this country, but it turns out to be even deeper, at 7.2%. No doubt it would have hurt many families throughout the country. This Government are trying to help those families with the cost of living and other issues, and trying to repair the damage done by the previous Government.
Let me talk about some actions that we have taken and the results of those. First, there is a lot to discuss about overall economic policy, but the main point is the deficit—the hon. Member for Coventry North West mentioned it—which is down by a third. We still have a long way to go, but our policies on the deficit have brought economic credibility, which has lowered interest rates to a near record level. In fact, interest rates on Government debt are almost half what they were when this Government first came to office. That has a direct impact on the cost of living for families, most notably through their mortgage bills. If interest rates rose by just 1%, the average mortgage bill for a family would rise by almost £1,000 a year.
It is right to mention the impact on employment of our economic policies. As we heard in a statement from the Chancellor last week, we were told by the shadow Chancellor and many others that our policies would lead to record rates of unemployment. Some left-wing economists were even predicting that unemployment could reach the record level of 5 million. In fact, the opposite has happened. The private sector has created more than 1.3 million net new jobs in the last three years and employment reached the highest level in history.
We will continue to build on the measures that we have taken, such as, for example, our cuts in corporation tax, which will from next year make ours the lowest corporation tax rate in the G20. Our employment allowance scheme will make it even cheaper for companies to hire employees. I think that we can all agree that more paid employment is one of the best ways to deal with cost-of-living challenges. Of course, we have to do more. We have to do things that put money in people’s pockets and we have focused on that.
I do not have enough time to mention all the measures, but I will focus on three or four key measures that will, I hope, reassure the hon. Gentleman that we are helping families across the country.
Our changes to the tax-free personal allowance, which will rise to a record £10,000 a year by April 2014, are putting almost £700 per annum into the pockets of the basic rate taxpayer. Anyone who enjoyed the 10% tax rate under the previous Government is now effectively paying a 0% tax rate. Anyone working full time on the national minimum wage will find that their tax bill has more than halved because of that single measure.
We have also frozen council tax for up to five years—the term of this Parliament—which will save the typical household some £600 over the period. We have frozen fuel duty, which the previous Government planned to raise year-on-year by inflation plus the escalator. As a result, fuel prices today are 13p a litre lower than they would have been had we continued with the plans that we inherited.
Mr Robinson
The Government have done, or are going to do, a number of interesting things, but is not the bottom line that living standards have fallen? Perhaps the Minister will tell us when living standards are scheduled to improve, rather than another empty, completely impossible Treasury promise. If living standards do not improve, we shall face the first occasion since 1931—that was the last real recession—when a Government have sought a new mandate with living standards lower than they were at the beginning of their term.
Sajid Javid
I would take the hon. Gentleman a bit more seriously if he respected the fact that the policies of the Government whom he supported are the reason that so many people face such challenging conditions on the cost of living. We are doing everything we can to address the damage that was done: the deepest recession in post-war history, the biggest budget deficit of any major industrialised country and the largest banking bail-out the world has ever seen. That was our inheritance, and he would get a lot more respect if he accepted that the policies of the previous Government were damaging and are the single most important reason why people are facing such challenges in relation to the cost of living.
In the time remaining, I will address a few points raised by the hon. Member for Coventry South. He was right to mention payday loans. There is evidence that some families, despite the action we have taken, are turning to payday lenders to meet their monthly bills, but he also rightly recognises that the Government are taking a lot of action, both on their own and with the regulators. As he knows, the Office of Fair Trading has been responsible for regulation in the sector until now. We have introduced a step change to that regulation, which will now be under the Financial Conduct Authority. The FCA will be a lot more pervasive, and it is a regulator with teeth. Payday lenders will feel the hand of the regulator on their shoulder. Yesterday, I attended a summit set up by the Government with lenders, charities and other interested groups, and the head of the FCA made it clear that he will not hesitate to take action. He has broad powers if he sees further evidence of consumer detriment.
Finally, distribution and fairness have also been mentioned. Before 2010, the richest 20% of society contributed about three and a half times as much in tax as they received in public spending; that has now increased to about four times as much. In fact, in every year of this Parliament, the rich will pay a greater proportion of income tax revenues than they did in any one of the 13 years under the last Labour Government. We have taken steps to ensure that the most vulnerable groups on low incomes are protected against the effects of the economic circumstances. For example, pensioners have seen above-inflation increases to their state pension, and the introduction of universal credit will make 3 million households better off, the majority of which will come from the bottom two fifths of the income scale.
I once again congratulate the hon. Gentleman on securing this debate. He obviously and quite rightly feels strongly about the issue, which I respect. As I said at the start, we might have different views on how to address the issue, but I fully respect that it is very important to him and his constituents. I assure him that we understand the financial pressures that hard-working families are facing, and I also assure him that we are taking what we believe are the right steps to help.
Written Statements
(11 years, 4 months ago)
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Industrial Strategy for Construction
(11 years, 4 months ago)
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The Secretary of State for Business, Innovation and Skills (Vince Cable)
The Government have today published the “Industrial Strategy for Construction”, which has been produced in partnership with stakeholders from across the industry.
Last September I set out the Government’s new industrial strategy. This is a long-term, whole of Government approach that has partnership with industry at its heart. Its purpose is to establish a clear and consistent approach to the challenges and opportunities that lie ahead, with a view to stimulating economic growth and creating jobs. Today’s construction strategy is one of 11 focusing on key economic sectors.
Construction accounts for nearly 7% of the UK economy’s gross value added, comprises over 280,000 businesses and provides 3 million jobs, equivalent to about 10% of total UK employment1. It has been hard hit by the recession, with output in the private housing market having fallen 40% and private commercial building over 30% since 20072.
The strategy identifies three strategic priorities for growth over the next decade. First, smart construction and digital design, where construction companies stand poised to secure a significant portion of the projected £200 billion annual global market for integrated city systems in 20303. Secondly, low-carbon and sustainable construction, the global industry for which is forecast to grow at an annual rate of 22.8% between now and 20174. Thirdly, the significant opportunities to improve UK trade performance and capitalise on forecast growth of over 70% in global construction between now and 2025.
This strategy sets out a vision for UK construction in 2025 and outlines four ambitions that will be jointly delivered by industry and Government:
A 33% reduction in both the initial cost of construction and the whole-life cost of assets
A 50% reduction in the overall time from inception to completion for new build and refurbished assets
A 50% reduction in greenhouse gas emissions in the built environment
A 50% reduction in the trade gap between total exports and total imports for construction products and materials
The newly formed Construction Leadership Council will develop an action plan on how to put these ambitions into effect between now and 2025. Activity will focus on delivering the 10 commitments set out in the strategy around supply chains, innovation, skills and image.
We are also publishing two pieces of economic analysis alongside this strategy. These are:
“UK Construction: An economic analysis of the sector”— this BIS analytical paper provides an overview of growth, competitiveness and performance in the UK construction sector, including skills, access to finance, innovation and supply chain developments.
“Trade credit in the UK construction industry”—a study of the availability of trade credit to UK construction firms and their reliance upon such trade credit to support their operations.
These provide a strong evidence base for the industrial strategy.
Copies of the industrial strategy for construction, and the other documents mentioned above, will be placed in the Libraries of both Houses.
1BIS Analysis of labour force survey micro data, non-seasonally adjusted for wider construction sector.
2ONS annual business survey, February 2013 release.
3Technology Strategy Board estimate.
4IbisWorld report: Top 10 fastest growing industries, April 2012. The global green and sustainable building constructing is estimated to grow from about $103 billion in 2012 to about $288 billion in 2017.
Scotland Analysis Programme
(11 years, 4 months ago)
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The Secretary of State for Business, Innovation and Skills (Vince Cable)
The Government have today published the fourth paper in the Scotland analysis series to inform the debate on Scotland’s future within the United Kingdom. Copies will be placed in the Libraries of both Houses.
“Scotland analysis: Business and microeconomic framework” examines how the UK’s business and economic framework supports the large domestic market across all parts of the UK, and the implications of a vote for independence on employers, workers and consumers.
The analysis shows the strong trade links between Scotland and the rest of the UK. In 2011 Scotland sold goods and services to the rest of the UK worth £45.5 billion, double the levels exported to the rest of the world and four times as much as to the rest of the European Union. Sales to the rest of the UK represented 29% of Scottish GDP in 2011; exports to Scotland represented 3.5% of the rest of the UK’s GDP.
The UK has a “true single market”. This is underpinned by one common set of business regulations that serve the entire UK market and which rank well internationally. Access to this market and a highly skilled UK-wide work-force helps Scotland remain an attractive destination for foreign direct investment.
In the event of a vote for independence, introducing an international border of whatever form will create a barrier to the free flow of goods, capital and labour. This will be to the detriment of firms, workers and consumers in both states and risks making it more challenging to attract overseas investors. Creating new rules, regulatory systems and institutions–for example to replace key UK regulatory institutions such as HMRC, Companies House and the Intellectual Property Office, which would operate on behalf of the continuing UK as before–would create uncertainty, additional costs and confusion for businesses and investors operating in Scotland. Small companies with little cross-border experience would be hampered most.
The analysis concludes that Scotland’s integration within the UK’s domestic market brings benefits to all. The size and scale of that market brings opportunities to trade, move jobs, collaborate to develop new and future technologies, travel and communicate with each other efficiently and benefit from economies of scale. In the event of a vote for independence, the bodies that support the UK in its present form would continue to undertake their functions on behalf of the reminder of the UK. Experience from Europe shows a single market between two separate states is not the same as a fully integrated domestic market.
The paper published today follows the Government’s paper outlining the financial services and banking implications of independence, published on 27 May. That paper demonstrated that as part of the UK, Scottish firms and individuals benefit from a world-leading financial services sector.
The paper concluded that this position would be put at risk if Scotland were to become independent, fragmenting the market and the bodies that have been put in place to protect customers, creating additional difficulties and costs for households and businesses, as well as for financial services firms themselves.
Future papers from the Scotland analysis programme will be published over the course of 2013 and 2014 to ensure that people in Scotland have access to the facts and information ahead of the referendum.
ECOFIN
(11 years, 4 months ago)
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The Financial Secretary to the Treasury (Greg Clark)
A meeting of the Economic and Financial Affairs Council was held in Luxembourg on 21 June 2013 and in Brussels on 26 June 2013.
At the meeting on 26 June Ministers discussed the following items:
Contribution to the European Council meeting on 27-28 June 2013—European semester 2013
Council approved the fiscal and economic elements of country specific recommendations (CSRs) for 23 member states and also a recommendation on the economic policies for the euro area as a whole. The UK’s CSRs are broadly in line with domestic reform priorities. The Council recommendations are non-binding and there are no sanctions for non-compliance. Additionally, Council approved Council conclusions on Croatia, which joined the EU on 1 July.
Implementation of the stability and growth pact
Council adopted 15 Council decisions and recommendations on the excessive deficit procedure.
Commission/European Investment Bank (EIB) report to the European Council
The Commission/EIB presented their joint report “Increasing lending to the economy: implementing the EIB capital increase and joint Commission-EIB initiatives”. The Commission/EIB then reported to the June European Council on the implementation of the EIB’s capital increase.
Financial assistance to Ireland and Portugal
Council adopted two Council implementing decisions amending previous implementing decisions on granting Union financial assistance to Ireland and Portugal.
ECB/Commission convergence reports and enlargement of the euro area
Euro area member states adopted a recommendation in favour of a proposal to allow Latvia to join the currency union on 1 January 2014. The UK does not have a vote on the decision by EU member states to adopt the euro. Council also approved the text of a letter for the President of the Council to send to the European Council on the outcome of its discussion.
Development of policy options in the climate/energy field—follow-up to the May European Council
Following May European Council, at the request of Poland, there was a brief exchange of views on an enhanced role for ECOFIN in the debate on climate change and energy policy, as they are integral to growth, competitiveness and public finances. The presidency concluded that it would reflect with the incoming Lithuanian presidency, on the next steps for taking this forward.
ECOFIN report to the European Council on tax issues
ECOFIN endorsed this six-monthly report which ECOFIN forwards on to the European Council, summarising the progress made under each presidency on tax issues.
Report by Finance Ministers on tax issues in the framework of the euro-plus pact
ECOFIN endorsed this six-monthly report which summarises progress made under each presidency on tax issues in relation to framework of the euro-plus pact.
Proposal for a Council directive amending directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation
The Commission presented a proposal on amending the existing administrative co-operation directive. The UK could not support any aspects of the proposal that conflict with or undermine the embedding of a new global standard in the automatic exchange of information. The presidency concluded by noting that the working group will start technical work on this in July.
Banking recovery and resolution
Council held an exchange of views, with the aim of enabling the presidency to find an acceptable compromise on the banking resolution and recovery directive. However, the Council agreed to meet again on 26 June 2013 to resume discussion.
AOB: Update on legislative files
The presidency updated Ministers on the state of play of the deposit guarantee schemes directive.
At the meeting on 26 June 2013 Ministers discussed the following item:
Banking recovery and resolution
Council reached a general approach on the banking recovery and resolution directive. The compromise establishes that, through the development of a credible bail-in tool, shareholders and creditors will be first in line to bear losses when a bank fails. Insured depositors will be protected in any bank failure and the UK bank levy can act as the UK’s resolution financing arrangement. Trilogue discussions with the European Parliament and the Commission, yet to be timetabled, will commence under the Lithuanian presidency.
Academies and Local Government Pension Scheme
(11 years, 4 months ago)
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The Secretary of State for Education (Michael Gove)
Too many academies are paying significantly higher local government pension scheme (LGPS) employer contributions than they did as local authority-maintained schools. This is having a detrimental impact on academy budgets; reducing the level of funding available for school improvement and in some cases preventing schools from converting to academies.
LGPS administering authorities have told us that they view academies as higher risk as they no longer have the financial backing of the local authority. They have asked that we provide a guarantee that the Department will meet any pension liabilities should an academy close. I can inform the House today that we will provide such a guarantee and a parliamentary minute, which sets out the detail of the guarantee, has been laid in both Houses.
We now expect all administering authorities to review academy risk assessments and to treat academies equitably when setting employer contribution rates.
In addition, DCLG will be launching a consultation on proposals to amend local government pension scheme regulations requiring administering authorities to pool academies should they wish to do so. I would encourage both academies and administering authorities to take part in this exercise.
Executive Agencies
(11 years, 4 months ago)
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The Secretary of State for Environment, Food and Rural Affairs (Mr Owen Paterson)
The business plans for the following agencies and their key performance measures have been published today. Business plans are available online at the agencies’ websites.
Animal Health Veterinary Laboratory Agency, http://www.defra. gov.uk/ahvla/
Centre for Environment, Fisheries and Aquaculture Science, http://cefas.defra.gov.uk/
Food and Environment Research Agency, http://fera.defra. gov.uk/
Rural Payments Agency, http://rpa.defra.gov.uk/rpa/index. nsf/home
Veterinary Medicines Directorate, http://www.vmd.defra.gov.uk/
I have placed copies of the key performance measures in the Libraries of both Houses.
International Justice (UK Support and Funding)
(11 years, 4 months ago)
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The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
I am pleased to provide Parliament with an account of Her Majesty’s Government’s support for the principles and institutions of international justice in 2012-13, and our plans for funding them in the year ahead.
International justice is central to foreign policy. It is essential for securing the rights of individuals and states, and for securing peace and reconciliation. Through the International Criminal Court (ICC), and the other international courts and tribunals, we are working to make it clear that those responsible for the worst crimes will be held to account and that perpetrators, including political leaders, will not enjoy impunity, and providing a fair hearing for both victims and accused. Our support to these institutions is an important element in our strategy to reduce conflict, promote stability and strengthen the rules-based international system.
For calendar year 2012 we provided assessed contributions of £9.2 million to the International Criminal Court, £5.9 million to the International Criminal Tribunal for Yugoslavia, £3.8 million to the International Criminal Tribunal for Rwanda, and £1.1 million to the Residual Mechanism which will take on the essential functions of the tribunals when they close. In addition, for the financial year 2012-13 we made voluntary contributions of £2 million to the international component of the Extraordinary Chambers in the Courts of Cambodia, £1 million to the Special Court for Sierra Leone, £2 million to the Special Tribunal for Lebanon, and £1 million in total to the International Criminal Court Trust Fund for Victims, with £500,000 of this earmarked for work on sexual violence and made as part of the preventing sexual violence initiative. Our contributions helped these institutions to deliver justice for victims of some of the worst atrocities of the last century and send the message that there will be no impunity for the most serious international crimes.
As a state party to the ICC, a member of the United Nations Security Council which oversees the Rwanda and Yugoslavia Tribunals, and a member of the management bodies for the Sierra Leone and Cambodia Courts and the Lebanon Tribunal we engaged actively throughout the year to ensure these institutions were run effectively and efficiently.
The coming year will be important for international justice. At the ICC the case against Laurent Gbagbo the former President of Côte d’Ivoire is proceeding and the Court is now dealing with the case against Bosco Ntaganda a former militia group commander in the Democratic Republic of the Congo. The investigations into the situation in Mali are under way. The trials of three Kenyan nationals are due to begin this year. The International Criminal Tribunals for Rwanda and Yugoslavia will both close with their remaining functions transferring to the Mechanism for International Criminal Tribunals. The Special Court for Sierra Leone is scheduled to complete its work with a verdict in the appeal of Charles Taylor due in September, after which its remaining essential functions will be taken up by the Residual Court. And the Extraordinary Chambers in the Courts of Cambodia will finish hearing evidence in the trial of the most senior responsible and surviving members of the Khmer Rouge.
We will continue to support these institutions through our assessed and voluntary contributions made through the new international justice fund. We will encourage other states to support the voluntary-funded courts and tribunals and the International Criminal Court Trust Fund for Victims to help ensure their financial security. And we will work to ensure these institutions achieve value for money by actively scrutinising budget proposals and pressing for efficiency.
I will provide an update on our progress this time next year and from this point forward I will make one annual statement detailing our financial support to international justice.
Parliamentary Questions (Employment)
(11 years, 4 months ago)
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The Secretary of State for Scotland (Michael Moore)
Further to the written answers given to the Member for Glasgow East on 24 June 2013, Official Report, columns 12-13W, I would like to provide further information in response to each of these questions:
Margaret Curran: To ask the Secretary of State for Scotland, how many people in Scotland have been unemployed for two years or more in each month since May 2010. [161099]
Michael Moore: The number of people aged 16 to 64 claiming jobseeker allowance for more than 24 months in Scotland is outlined in the following table:
Date | Claiming Over Two Years (Number) |
|---|---|
May 2010 | 3,385 |
June 2010 | 3,630 |
July 2010 | 3,825 |
August 2010 | 4,125 |
September 2010 | 4,325 |
October 2010 | 4,485 |
November 2010 | 4,510 |
December 2010 | 4,600 |
January 2011 | 4,810 |
February 2011 | 4,840 |
March 2011 | 4,785 |
April 2011 | 4,810 |
May 2011 | 4,920 |
June 2011 | 5,060 |
July 2011 | 5,270 |
August 2011 | 5,525 |
September 2011 | 5,755 |
October 2011 | 6,190 |
November 2011 | 6,570 |
December 2011 | 6,955 |
January 2012 | 7,405 |
February 2012 | 7,900 |
March 2012 | 8,370 |
April 2012 | 8,940 |
May 2012 | 9,470 |
June 2012 | 10,280 |
July 2012 | 10,940 |
August 2012 | 11,600 |
September 2012 | 12,315 |
October 2012 | 13,020 |
November 2012 | 13,745 |
December 2012 | 14,685 |
January 2013 | 15,470 |
February 2013 | 16,420 |
March 2013 | 17,315 |
April 2013 | 18,065 |
May 2013 | 18,515 |
Source: ONS Crown Copyright Reserved [from Nomis]. |
Margaret Curran: To ask the Secretary of State for Scotland, pursuant to his answer of 17 June 2013, Official Report, column 469W, on unemployment, what the geographical location of the increase in employment from February to April 2013 is; and what proportion of such jobs are (a) full-time and (b) part-time. [161152]
Michael Moore: The latest available ONS employment data, at a sub-Scotland level, covers the period between January 2012 and December 2012. Data on full and part-time work are only available at Scotland-level for the same period. Information for the period that includes February to April 2013 is expected to become available in October 2013.
Margaret Curran: To ask the Secretary of State for Scotland, pursuant to his answer of 17 June 2013, Official Report, column 469W, on unemployment, what assessment he has made of the total loss to the Scottish economy as a result of under-employment. [161153]
Michael Moore: An ONS report of November found that between 2005 and 2008, the average under-employment rate for Scotland was 7.2% (UK average rate over same period was 6.7%). For the period 2009 to 2012, the average under-employment rate for Scotland was 9.9% (UK average rate over same period was 9.9%). In line with other economic indicators, this increase reflects the effects of the global recession.
However, recent assessments of the economy in Scotland over the last year show that: there are 43,000 more people in employment; unemployment has decreased by 25,000 and 6,800 fewer people are claiming benefit. In addition, since the coalition came into power, over 145,000 more private sector jobs have been created in Scotland. This is welcome news and the Scotland Office will continue to work with partners in Scotland to improve all areas of the labour market.
Fulfilling Potential
(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)
Further to the publication of “Fulfilling Potential—Next Steps” on 17 September 2012, I am delighted to announce that later today I will publish “Fulfilling Potential—Making it Happen” which sets out the Government’s plans for delivering on our ambition, that disabled people should be enabled to achieve their aspirations and play a full role in society. It also shows how disabled people are seeing improvements in many key outcomes and reduced inequalities with non-disabled people.
“Fulfilling Potential—Making it Happen” emphasises the need for innovative cross-sector partnerships with disabled people and their organisations and promotes new ways of working to deliver improved outcomes. It underscores the Government’s commitment to the UN convention on the rights of disabled people to bring about the changes needed in communities that have a real and lasting effect on the day-to-day lives of disabled people.
It harnesses the inspirational power of the London 2012 Olympic and Paralympic games—aiming to deliver further lasting change to attitudes and aspirations.
Our action plan captures activity and plans across the whole of Government and beyond. It sets out clearly in one place where progress has been made and also where we are encouraging and supporting the innovative work of the disability action alliance, and disabled people’s user-led organisations.
Delivery on the Government commitments in the action plan will be driven by the fulfilling potential strategy group of senior officials and overseen and reviewed by the Social Justice Cabinet Committee. We will also develop new arrangements for engaging disabled people and disability organisations in this process, and will publish an annual report on the outcomes and indicators set out in the document.
I will place a copy of the document in the Library.
Grand Committee
Energy Bill
The Deputy Chairman of Committees (Lord Brougham and Vaux)
My Lords, good afternoon and welcome to the first day in Grand Committee on the Energy Bill. There will be no Divisions, so it will be an uninterrupted session.
Clause 1 : Decarbonisation target range
Amendment 1
Baroness Verma
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma)
My Lords, I speak to the government amendments in this group, which I hope noble Lords will welcome. The amendments extend the decarbonisation provisions in Part 1 across the UK so that they cover the Northern Ireland electricity sector. The provisions currently extend only to Great Britain.
As set out in the other place, it has always been the Government’s ambition to extend this policy to Northern Ireland. However, since energy is a transferred matter with respect to Northern Ireland, it was appropriate that we first go through the formal process of seeking agreement from the Northern Ireland Executive. I am pleased to say that we now have this agreement and that they will bring forward a legislative consent Motion in due course.
I will briefly set out the effect of these government amendments and their benefits. Their primary effect is to extend the provisions in Part 1 to the whole of the UK. If and when the power is exercised, there will be a legal requirement on the Secretary of State to ensure that the carbon intensity of electricity generation in the UK as a whole is no greater than the upper end of the decarbonisation target range. This duty is intended to be met through the existing powers of the Secretary of State or through negotiation with Northern Ireland Ministers.
The provisions in Part 1 include a number of ways to ensure that there will be proper and full consideration of the impacts of any decarbonisation target range on the single electricity market, which is the wholesale electricity market operating in Northern Ireland and the Republic of Ireland. For example, Clause 2(2)(f) and (g), with our amendments, require the Secretary of State when setting or amending a target range to consider the impact of any target range on the Northern Ireland energy market and take into account the difference in circumstances between Northern Ireland and the rest of Great Britain.
Furthermore, Clause 4, with our amendments, will require the Secretary of State to consult Northern Ireland Ministers before setting or amending any target range, and if and when making further provision about the definition of grid carbon intensity under the power in Clause 4(4).
These amendments will mean that a decarbonisation target range could be set across the whole of the UK and, as a result, could help to provide greater investor certainty on the long-term trajectory of the electricity sector across the UK as a whole. This would complement our efforts in meeting our legally binding carbon budgets, which are also set for the whole of the UK, and provide further investor certainty as part of the contracts for difference framework which will apply in Northern Ireland.
Alongside other policy measures, this UK-wide decarbonisation target range could help us to meet our existing UK targets cost-effectively, and any targets set by the devolved Administrations, including Northern Ireland’s target of 40% of electricity consumption from renewable sources by 2020.
In brief, these amendments improve the Bill by ensuring that the provisions on decarbonisation extend to the whole of the UK in a manner consistent with the approach taken in the Climate Change Act. On this basis, I beg to move.
Lord Empey
My Lords, I welcome these amendments but want to ask the Minister about a couple of matters. I had responsibility for this area for three years. Long-standing availability contracts signed many years ago constrain the flexibility of the Northern Ireland energy sector. That is one of the issues. We have set ourselves very challenging targets for renewable sources but still need, and will continue to need, large amounts of availability from more traditional generating sources. We have also been encouraging the development of interconnection with the Irish Republic. Not only will that be a positive thing from the point of view of reliability and reinforcement of supply, it will mean that the Irish Republic will have a proportionately larger renewable sector than we are likely to have in the foreseeable future.
There is one technical point on which I would like the Minister to advise the Committee, or perhaps write to us about at some stage, which has arisen in other areas where we have national issues but powers are devolved. Assuming that there will be a legislative consent Motion—which I sincerely hope there will be—there is the issue of the Sewel convention and the Government’s response to that. In recent correspondence with the NIO on other issues, there seems to be a tremendous adherence to it. That effectively means that this Parliament does not wish to overrule or supersede a devolved Administration. It would apply equally to Scotland. We need to bear in mind how that particular issue will be dealt with if we sign up to international obligations, which we may very well do, as we have provisions in the Northern Ireland Act 1988 which mean that Northern Ireland must comply with the international obligations of the United Kingdom. However, if it is not covered by an international obligation, the Secretary of State here may set targets which he or she believes are appropriate for the UK as a whole.
Given that electricity supplies are provided through the private sector, and that there are availability contracts, I want to be assured that the Government will not allow themselves to be hampered by a very narrow implementation of the Sewel convention. We have to have flexibility. This is a hugely important area for our activities. Given that the electricity market in both Scotland and Northern Ireland is comparatively small, one can easily see why people ignore it. However, everybody has to do their bit and we all have to make a contribution. Perhaps the Minister could offer those assurances in her winding up or could write to us at a later stage. I believe that these amendments are positive and I fully support them.
Lord Whitty
My Lords, from these Benches, I, too, support the amendments and much of what the noble Lord, Lord Empey, has said. However, I have some serious queries. I have an amendment in this group—I will not press it because I think it is superseded by the Minister’s amendments—as it seemed to me that the requirement to consult Northern Ireland Ministers was not sufficiently reflected throughout the Bill.
I had better declare a past interest, in that last year I wrote a report on the Northern Ireland energy sector for the Consumer Council over there. It was a very good report and I recommend it to everyone—unfortunately the successor to the noble Lord, Lord Empey, did not entirely agree with it, but there we go. In the course of that, I saw that there were some very different features in the energy situation in Northern Ireland compared to over here. I therefore wonder whether the position is quite as simple as this amendment indicates. It is right that the decarbonisation target should apply to the UK—if the Northern Ireland Ministers and Executive are happy with it, Northern Ireland’s contribution to that can clearly be worked out. At present, as the noble Lord, Lord Empey, said, there is a very ambitious target for renewables in Northern Ireland—40% by 2020, which is far in advance of what we are likely to achieve in GB. On the other hand, there is still oil-fired generating capacity in Northern Ireland, at least partially, so it is a different situation. It is also a very different situation at the consumer end, which is presumably why the consumer regulations in here do not apply to Northern Ireland. Therefore, in relation to Part 1, I am fully in favour of adopting this amendment.
However, I am not entirely clear how the extent provisions in Clause 140, to which the Minister has referred, as regards particularly Part 2, and Part 3, will cover Northern Ireland. Because there is a different structure of electricity supply, it is difficult to see a clear read-across for the contracts for difference, or for that matter the investment contract provisions, with the situation in Northern Ireland. As the noble Lord, Lord Empey, and the Minister have said, there is a wholesale, all-Ireland electricity market for a start, which complicates issues. In relation to the capacity mechanism, it is also true that availability contracts are still outstanding and have been running for years in Northern Ireland and the Republic. In my judgment, consumers in Northern Ireland have probably paid too much for that capacity over the years and are continuing to do so.
It is difficult to see how the contracts for difference mechanism will apply there if we have an all-Ireland market and capacity which is differentially based in terms of existing capacity and ability to roll on existing capacity. Obviously, future new capacity would be available on an all-Ireland basis. Therefore, I find it difficult to understand quite how the mechanisms for contracts for difference would operate in Northern Ireland. I should be grateful if the Minister could get her officials, with the agreement of her Northern Ireland counterparts, to set out how she sees that working. For example, we are now talking about one counterparty but we have a different regulatory system in Ireland. I cannot really see how one counterparty can operate in the Northern Ireland context.
There are issues in relation to interconnection and contracts for difference can be for capacity which is not in GB. You could have wind farms in the Irish midlands or French nuclear power stations involved in the contracts for difference. But I do not think that that is what is meant in terms of using Part 2 to cover the Northern Ireland electricity market. I am not against trying to apply the same principles and I am very much in favour of the precise amendment which relates to the decarbonisation target. However, I feel that the totality of the position in Northern Ireland is much more complicated than simply writing in the Bill that Part 2 extends to Northern Ireland.
No doubt these things are still under discussion between London and Belfast. I suspect that quite a lot of details have to be sorted out and a number of legislative moves have to be made in the Assembly and here. But, given that this is early on in the debate and that we have the opportunity to register it, I register it now and will not repeat it as we go through the rest of the Bill. Perhaps the Minister and her officials could set this out clearly so that by the time we come to Report we understand the totality of the position.
Baroness Verma
My Lords, I am grateful for the noble Lord’s warm welcome of this amendment. I am very keen to make sure that we lay out clearly that this is work in progress. We are working very closely with the Northern Ireland Executive on these provisions to ensure that we cover the differences associated with their single electricity market and that we take account of that. We will continue to work with Ministers in Northern Ireland to ensure that those decisions applying to strike prices in Northern Ireland are on a coherent basis with what we are trying to deliver in the rest of Great Britain.
On the whole, the amendment in the name of the noble Lord, Lord Whitty, is very similar to mine and I am pleased to take on board that he broadly welcomes what we are trying to do. Of course, there will be intense discussions but, in putting these amendments forward, we have a wider picture to fulfil, which is to make sure that what we are doing is UK-based. On that note, I hope that the noble Lord will not move his amendment.
Lord Davies of Stamford
Will the Minister answer the very pertinent question asked by my noble friend Lord Whitty as to whether the contracts for differences regime will apply to generators in France or in the Republic of Ireland?
Baroness Verma
My Lords, I shall write to the noble Lord on that and make the letter available to Members of the Committee.
Lord Empey
My Lords, if the Minister is not in a position to address today my point on the Sewel convention, can she write to us on that and on any issues which it might create with regard to the Bill?
Baroness Verma
My Lords, energy policy is transferred in relation to Northern Ireland. Therefore, it is right that we should seek the agreement of the Northern Ireland Executive before making these amendments. We have sought their agreement in order to fulfil our obligations under the Sewel convention. I hope that that satisfies the noble Lord, Lord Empey.
Lord Empey
My Lords, I understand what the Minister says, but we have had a case recently where the National Crime Agency has been refused permission effectively to function in Northern Ireland. Ministers have said to me in correspondence that, because of the Sewel convention, they would not intervene. There is a fundamental contradiction in amending the territorial extent of a piece of legislation and then saying, “Well, if people aren’t prepared to do it, we’re not going to do anything about it”. Perhaps we could come back to this on Report, because there is a contradiction there which needs to be resolved.
Baroness Verma
My Lords, I am quite happy to take away the noble Lord’s concerns and, I hope, respond to him in writing.
Baroness Liddell of Coatdyke
Perhaps I may raise a tangential point that came to mind when my noble friend Lord Whitty was speaking about interconnectivity. There is a possibility of a large offshore wind farm being built in the Irish Sea. Would there be difference in the contracts related to where the energy was used; for example, whether it went to the Republic or Northern Ireland, then to be shipped to Great Britain, or operated in the other direction? I do not expect an answer just now—I have only just thought of the question—but I hope that when the Minister writes to Members of the Committee she might take a look at that issue.
Baroness Verma
Rather than give a brief response to that, I would prefer to give a more detailed one. On international eligibility, I refer noble Lords to the Government’s response of 27 June to the call for evidence on renewables trading. Final decisions will be made at the end of the year and will be set out in a public document.
Lord Oxburgh
Lord Oxburgh
My Lords, I shall speak also to Amendments 3, 4, 6, 9 and 14. I begin by declaring my interests as listed in the register, but with a small renewable energy company and a small energy efficiency company. It would also be appropriate to start by thanking the Minister and her team for the way in which they have made themselves available to brief any Member of the Committee who has approached them on the complexities of the Bill. It certainly is a complex Bill and, indeed, that is part of the problem. The complexity of the Bill arises from the multiplicity of its objectives, which are to achieve decarbonisation, to achieve energy security and to do both of those at the lowest possible cost.
Some of us had the opportunity yesterday, courtesy of the noble Viscount, Lord Ridley, to attend a briefing given by an investment manager on his view of the costs and complexity of the Bill. Although I think that not everyone agreed with everything that the briefer said, the talk was extremely informative in the sense that it emphasised the enormous capital that will have to be raised if the aspirations of the Government, as seen through the climate change committee, are to be achieved over the next 40 or so years. It also emphasised the relative unattractiveness of the UK utilities market compared with those in competitor countries and therefore the difficulty in persuading investors to put money into these proposals.
Of course, one of the problems is that the proposed way forward cannot be regarded as the cheapest way forward. In fact, it is relatively expensive by comparison with ways forward that do not decarbonise and which pay much less attention to security of supply. Given that investments in generation are long-term investments, for 30, 40 or even 50 years, investors have to be absolutely clear that the Government are of firm intent.
It was around 50 years ago that the late Lord Franks, in describing the inability of Oxford University to reform itself internally, introduced the expression “infirmity of purpose”, which occurred frequently throughout his reports. Fundamentally, the concerns of the investment community are that there may be a degree of infirmity of purpose between this Government and their successor Governments. Given the overall difficulty of investing in UK utilities, for the reasons that I have just outlined, the least we can do is to do everything possible to indicate that not only the present Government but, as far as possible, across parties, that subsequent Governments will support this approach.
That is the reason for putting forward this group of amendments. Because of the drafting of the Bill, they may appear a little complicated, but there are really only a couple of words that are important: the substitution of “must” for “may” in terms of the obligations of Ministers to declare a target range; and the insertion of the dates 2030 and 2014.
The obvious cause for inserting 2030 is that, although in one sense it is arbitrary, it is an extremely important date in the Government’s decarbonisation plans: if the 2050 target is to be achieved, there has to be really very substantial decarbonisation of electricity generation by 2030 because the second phase of achieving the 2050 target is pervasive electrification of the rest of the energy economy. Unless you have decarbonised your electricity generation before that, the second phase makes no sense. This is part of the reason for 2030 but it is also a matter of emphasising the Government’s firmity of purpose.
The reason for inserting 2014 relates, at least in part, to a second objective, which comes from Brussels and has to do with the proportion of renewables that we need to have in our generation by 2020. To digress for a moment, last week I spent several days reverting to my roots at an energy professionals’ conference in Edinburgh. Although shale gas was a very important topic of conversation there—probably the most important—a secondary topic of conversation was the failure of Governments to understand how long things take, to understand the timescales of change. One constructor said to me, “It’s fine. We can build a power station in three years, or put up wind turbines very quickly, provided we have all the components ready”. He said that the Government seemed not to understand the importance of the supply chain. An important development that may appear quick to implement may be delayed for several years if key components such as bearings are not available in the necessary timescale. The message was that if the 2020 target is to be achieved, it is extremely important that that should be made clear now, as soon as possible, so that those who will be involved in achieving it can start placing orders and can take their place in the queue for components to get the thing going. Two years’ delay would be extremely important. My second point is that if one leaves this to the last few years of the decade, there simply will not be enough civil engineering capacity to build the requisite generating capacity, whatever its character, in time.
Clearly there are broader questions of industrial competitiveness, which certainly have bothered me a lot. However, I will not touch on them now because amendments that we will debate later will provide a better opportunity to discuss them. So in conclusion, the only important point is that we cannot take investment in our energy sector for granted. It will be difficult, and we have to do everything we can to strengthen investor confidence. The amendments in this group do nothing other than strengthen that confidence, and there is no significant downside, given that the information that will be necessary for the Government to meet these commitments will be available to them by December this year. I beg to move.
Viscount Hanworth
My Lords, I strongly support the amendments tabled by the noble Lord, Lord Oxburgh. Amendments 2 and 6 are of prime importance. The Bill prevents the Secretary of State setting a carbon intensity target for the electricity industry before 2016, which is when the UK’s fifth carbon budget is due to be set. It states that the Secretary of State may set a target but does not compel him to do so. If he were to set a target, the earliest date from which the target range would be effective would be 2030. The amendments tabled by the noble Lord, Lord Oxburgh, would compel the Secretary of State to set a target by 1 April 2014. Here, we are revisiting territory that has already been fought over on Report in the House of Commons. An amendment with the same intentions and similar wording to the one we are considering was proposed by a cross-party alliance consisting of a Conservative ex-Minister, Tim Yeo, and the Labour MP Barry Gardiner. The outcome, after a long debate, was that the amendment was disagreed by 290 votes to 267. However, for the coalition it was a whipped vote, and it is clear that numerous Liberal Democrats, and quite a few Conservatives, defied the whip by voting in favour of the amendment. We may surmise, therefore, that a majority was in favour of the amendment, but that the expression of their opinions was limited by the imposition of the whip. One might wonder why the leaders of the Liberal Democrats agreed to the imposition of the whip. We must assume that it was a matter of political expediency, and that a quid pro quo was on offer.
Lord Jenkin of Roding
My Lords, I have listened to the two speeches on this with great interest. It is with some anxiety that I confess to differing from the view of the noble Lord, Lord Oxburgh. The intention is, as both speakers have said, to oblige the Government to declare the decarbonisation target for 2030 next year. In quarrelling with the proposals in this amendment, I make it clear that I entirely accept the scientific evidence on dealing with the long-term emissions of greenhouse gases. The evidence is overwhelming, it is accepted by the vast majority of scientists and one has to realise that it is part of the background of what we are considering. I wish that some of those who were putting it forward were a little more honest about the areas of uncertainty that still exist; nevertheless the evidence of the growing concentration of greenhouse gases in the atmosphere is compelling.
I believe that the origin of the proposal embodied in this amendment is a letter last February from the chairman of the climate change committee, the noble Lord, Lord Deben, to the Secretary of State, Ed Davey. It is a complicated letter which I do not propose to read. I would say only that the noble Lord, Lord Deben, was at one time my Parliamentary Private Secretary, and I am proud to see him rise to such dizzy heights. However, he made the same case as the noble Lord, Lord Oxburgh: that to fix the level would give greater certainty to investors. I think that many of my colleagues know that I do my best to keep in touch with a large numbers of the players in the energy field—I call it cultivating my sources. It often gives one a more accurate view of the likely implications of carrying through this policy, because many of these players are among those who will actually have to do it. Only one group has approached me on this matter: the representative body, RenewableUK. All I can say is: I understand why, but they would, wouldn’t they? None of the others has made any reference to this issue, and I think the argument about giving greater certainty to investors is being overplayed.
It is clear that all parties, with some notable exceptions in this Grand Committee, have accepted the case for long-term decarbonisation in order to avoid the hazards of climate change. However, it should be possible to hold to that, and to convince the players of that, without necessarily going to this rather damaging intermediate step. The noble Lord, Lord Oxburgh, referred to the three objectives—and I was present at the lecture which he attended last night—of security, carbon reduction and affordability. In the brief I received from the Energy Networks Association, it was called the “energy trilemma”, a phrase I like. It is the Government’s job to try to balance those three objectives, because it is becoming clear that they cannot all be achieved, whatever the Secretary of State may have said in his press release last week.
For my part, the question of security of supply has to take top place. At the moment, the burden of all these things is falling primarily on consumers. As we were told last night, the purpose of much of the policy in this Bill, and of the Government’s policy generally, is to shift the risk from producers to consumers, and one is seeing the result in electricity bills. The Government’s Fuel Poverty Advisory Group, with which I have been in touch, estimates that the social and environmental costs per customer will rise from about £90 per annum to £220 per annum by 2020. If one takes that into account with other energy costs facing households, I submit that this is quite early on becoming quite unsustainable. The burden falling on customers really cannot be tolerated. I notice that the noble Lord, Lord Turnbull, in an article in House Magazine, made much the same point and was surprised that elements of the coalition seemed prepared to go along with it. I understand the point that he is making. However, not only domestic customers, but businesses are increasingly complaining about being hit by rising costs of energy for industrial and commercial users.
Therefore, I ask myself whether the Government have got the balance wrong. Is balancing out these three objectives sustainable? As I have said, my top priority is energy security, which is often expressed in the phrase, “keeping the lights on”. But it is far more than that. We now live in a civilisation that has become almost wholly dependent on electricity for almost everything that goes on. The consequences of any significant interruption of supply create enormous hazards for every part of the community, which, to my mind, has to be avoided. We really must have a secure and dependable electricity supply. In passing, one has to note that last week’s Electricity Capacity Assessment Report by Ofgem indicated,
“that margins will decrease to potentially historically low levels in the middle of the decade and that the risk of electricity customer disconnections will appreciably increase, albeit from near-zero levels”.
This is not the occasion to explore the reasons for that or how it has come to pass but simply to note the fact. I was the Minister for Energy in 1974 when the country faced widespread disconnections, not for want of capacity but because of industrial action. Whatever the reason, I have to tell my colleagues that it caused acute embarrassment to the authorities, of which I suppose I was one, and resulted in the loss of the general election that immediately followed. We have to recognise that that is an essential feature.
If the rising burdens for consumers are, as I believe, becoming increasingly unsustainable, and if we fail to give adequate priority to ensuring security, something will give. To my mind, in the present circumstances and, I emphasise, in the short term—not as part of a long-term policy—what must give is the current, very rapid and expensive priority accorded to fighting climate change. If we insist on setting ourselves ever higher carbon reduction targets to be fixed by law for many years ahead, are we not simply locking ourselves into the present unsustainable balance?
As I have said, I do not challenge the longer-term policy on climate change. But we face the choice now either to require, as the amendment proposes, the Government to fix the decarbonisation target for 17 years ahead or, as the Bill stands, to allow Ministers to set the target three years from now after the climate change committee has given advice on the fifth carbon target and in the light of the circumstances at the time. The Government must be allowed the flexibility to do that. That is what the Bill provides in its present form. Not least must they take account of the impact on consumers’ bills.
Lord Oxburgh
Perhaps I might ask the noble Lord whether the provisions of the Climate Change Act and in the present Bill that allow Ministers to change targets and adjust things in the light of changed circumstances are not sufficient to meet the real questions that he has raised.
Lord Jenkin of Roding
I can only reply that if the noble Lord thinks that that is all that is necessary, I cannot think why he has moved the amendment. He is quite right. The committee of my noble friend Lord Deben recommends but does not decide. It is the Government who decide. As I said a moment ago, I want to leave the Government with the flexibility to make decisions in the light of the latest circumstances. However, at the moment the customer is bearing all the risk, and this is unsustainable.
Lord Davies of Stamford
I regret that I was not able to follow very clearly the logic of the remarks of the noble Lord, Lord Jenkin. He seemed at times to be saying that he was in favour of the decarbonisation target and at other moments that the target placed intolerable burdens on the economy. Of course a balance has to be struck, but he did not produce any arguments at all to suggest that, if a decision is simply postponed, we will be better able to get the balance right.
I was particularly surprised that the noble Lord said that of course it is important to give investors certainty but that that argument had been overused. However, he did not deny the validity of the argument. He then said that there was a contradiction between the need to provide investor certainty, the need to provide security of supply and the need to protect consumers’ interests. There is no contradiction at all. It is very much the opposite way around. If one reduces the uncertainty to investors, one reduces the cost of capital and one will see more investment projects approved. One will therefore have greater capacity and greater security of supply.
Equally, if we have greater capacity because there is less uncertainty and because the cost of capital is lower, we will have lower prices. Therefore, consumer interests will be better preserved. Far from there being a contradiction between these considerations, it is extremely important for consumer interests and security of supply that we provide the maximum degree of investor certainty.
Here, I am mystified by what game the Government are playing. The purpose of the Bill, as presented in public up to now, is to provide a framework for investors, and the maximum degree of investor certainty. If they want to do that—it is of course a very sensible purpose to have in mind—why did they introduce into the Bill elements of gratuitous uncertainty that are being addressed by the amendments before us? Why say in one subsection that the Secretary of State must ensure that any decarbonisation target is respected, and in the very next subsection place doubt on whether or not there even will be a decarbonisation target, saying that,
“the Secretary of State may by order”,
instead of “must”? Why are the Government resisting “must”? It is not clear to me at all.
Equally, with regard to the dates, why say that a decarbonisation target may not be set for 2030, leaving open the possibility that there would not be a decarbonisation target even as late as that? Under this Bill, a decarbonisation target cannot be set before 2030 but it does not have to be set by 2030. Again, that is a deficiency that is remedied by the amendments before us. What is the purpose of this Bill if it is not to maximise, within the range of all reasonable practicality, clarity and certainty for investors? If the Government are intending to do that, why in the name of heaven have they gratuitously introduced these elements of uncertainty? It is completely unclear to me what they are doing.
The issue of whether the decarbonisation target should be set for 2014 or 2016 is not quite so important. If that amendment is pressed, I shall probably vote for it, but there could be arguments for waiting until 2016, partly to get the benefit of the advice of the Committee on Climate Change but more especially because there may be a chance of getting EU agreement on a decarbonisation target by that point. It would not be sensible to legislate for a precise figure before we knew whether or not there was a real prospect of getting such agreement, which would be highly desirable.
However, by the same token, anything that contributes to investor certainty contributes to the achievement of those two other objectives: greater security of supply and, ultimately, lower prices for the consumer. The Government really ought to look again at these amendments and I hope that here in the Lords they will accept them.
Lord Stephen
My Lords, I want to follow up on some of the comments made by the noble Lord, Lord Davies, because I think they were important. I refer to my entry in the Register of Lords’ Interests. I support the noble Lord, Lord Oxburgh, in his Amendments 2, 3 and 4 and will also speak to my Amendment 7. Amendment 7 explores the issue of the date and whether it should be 2014 or 2016.
First, it is very important that there is now a decarbonisation section of this Bill. Noble Lords should remember that when this draft Bill was first published, there was no decarbonisation section, so it is a very important shift. It sends out a very powerful message to the industry and those who are concerned about climate change that the United Kingdom is not only concerned about this issue but wants to be leading the argument in favour of decarbonisation and decarbonisation targets. It was a very considerable success for the new Secretary of State, Ed Davey, to have agreed the insertion of this decarbonisation section.
Coming from Scotland, I am very interested in the politics of coalition. The noble Viscount, Lord Hanworth, referred to this earlier. I was in government for eight years in Scotland in a coalition with the Labour Party. I must say, I smiled a little when I heard criticism being made of whipped votes, and the idea that the Labour Party would ever play any of these devilish games made me reflect on some of the very tough and difficult negotiations that I was involved with in Scotland, some of them on energy matters. When we reached an agreement, it was important that we were able to deliver that vote in the Parliament. I think every politician here understands that principle, as do the Cross-Benchers.
In the United Kingdom, we are still relatively new to coalition politics and we should be open about it. We should try to explain more often and more clearly some of the negotiations and difficulties involved in reaching agreement. One way to find the areas of greatest difficulty is to look at the wording. When you see more words, or more complex wording, on a particular issue, you know that there has been tough coalition discussion—that is probably the safest way to describe it.
Here, you see the extraordinary sight of us introducing a decarbonisation section, but some of the wording is really quite complex, most clearly in Clause 1(5), where we are trying to fix a date. It states:
“The earliest year in relation to which a decarbonisation target range may be set is 2030”.
That is pretty straightforward and simple, but the next bit is not, stating that,
“the first decarbonisation order may not be made before the date on which the carbon budget for the budgetary period which includes the year 2030 is set by virtue of the duty of the Secretary of State under section 4(2)(b) of the Climate Change Act 2008”.
I am particularly curious about the words “may not be made”, because, as the noble Lord, Lord Jenkin, said, this should be about flexibility and empowering. Why, then, are we saying that the decision “may not be made” until after 2016? Why not give flexibility to the Secretary of State? I suspect that it is because there was a difficulty in the negotiations. A lot that was achieved by Ed Davey, the Secretary of State, is in the Bill, but not everything. That is no secret; there has been quite a lot in the media about how difficult the negotiation has been. In fact, the negotiation involved delay and a lack of clarity, and some really quite central issues to do with the support to be given to the renewables sector were thrashed out between the Conservative side and Liberal Democrat side of the Government. All that pushed the Bill back and it led to criticism.
In this area, therefore, it is clear to me that some sort of compromise was pulled together. I do not say that in a derogatory way—compromise is the very essence of reaching agreement in coalition—but it left us with the possibility of delay in introducing a decarbonisation target. The noble Lord, Lord Davies, correctly pointed out that that is not the most concerning aspect, but there is also the fact that the whole of the first part of Bill, which is on decarbonisation, effectively becomes optional. That is the greatest concern that I have as a Liberal Democrat. Looking at the negotiations and wondering about how these compromises were reached, I am left hanging on to the belief that this important decarbonisation part of the Bill should not be left optional.
I support the amendments in the name of the noble Lord, Lord Oxburgh. I would be very happy if a decarbonisation target was set in 2014, but I would not die in a ditch over it; I would be prepared to see a later date. There are good reasons, to do with the European Union and the report from the committee, why 2016 could be a reasonable date. By tabling Amendment 7, I wanted to test the view of Parliament on all this—not today obviously; today, I just want to put the argument out there. The amendment states:
“A decarbonisation order must be made by 31 December 2016”.
That does not prevent an order being made next week—it could be 2014; it could be sooner—but it gives reasonable flexibility to the Secretary of State and allows confidence to be given to the industry that we are serious about this Part 1 and about decarbonisation.
That is what industry is looking for. I was very influenced by the comments of the noble Lord, Lord Kerr, at Second Reading. He was quite right in what he said about industry in the United Kingdom. I think that ScottishPower, SSE and a number of companies that are based here would be relatively relaxed about the date being fixed in 2016. However, overseas investors such as Gamesa, Siemens, Mitsubishi and Samsung which are making commitments to this country, are looking all the time at how this is playing out in the media. They are getting briefings and reports back and are looking at what the renewables sector, the Government and parliamentarians are saying. This issue now has a very high profile. I go out of my way to explain that the decarbonisation target is not some totemic issue that is absolutely central to the Energy Bill. It was bought in at the initiative of the Secretary of State to try to strengthen the Bill. It can be a very important part of the Bill but I do not think that it should be used as some sort of battering ram to undermine its foundations which relate to the contracts for difference, the balancing payments and so on. The important message that we have to get out to the industry not only in the UK but throughout the world is that we are serious about moving forward the renewables sector, we want to move to this new system as quickly as possible and that there has already been too much delay.
Lord Turnbull
My Lords, as noble Lords may be aware, I have strong reservations about the Bill but on this issue I side with the Government. The agenda to which we are working had its genesis 10 to 15 years ago when continued growth in the world seemed secure, real incomes were rising, global temperatures were tracking quite closely the rise of CO2, which is not the case today, when there was optimism about an international agreement, public money to fund the expansion of renewables was plentiful and peak oil was pretty much a received wisdom. None of that is true today. Indeed, the world is still in a state of flux. Therefore, a moratorium on specifying new commitments seems a sensible response.
The noble Lord, Lord Oxburgh, referred to infirmity of purpose. Some would say that there is such infirmity, partly for the reasons given by the noble Lord, Lord Stephen, partly because the world is uncertain, but, principally, because the Government have not yet made up their mind on how to resolve the trade-off between conflicting objectives. Until they do that, they cannot make this commitment sensibly.
We have impaled ourselves on a set of targets and timescales that are forcing us in desperation to undertake a number of responses that we could avoid if we had a more measured view of the sense of urgency. It is a truism that in commercial negotiations, the party with the deadline is the one in a weak position, yet we are engaged in probably the biggest commercial negotiation the Government have ever undertaken, with a variety of energy suppliers. We should not allow them to exploit this urgency, which is what is happening at the moment. For those reasons, the Government—not just out of political funk but for good reasons—are delaying the timing of these commitments.
Lord Howell of Guildford
My Lords, I apologise to colleagues and to the Minister for not being at Second Reading. I had inescapable commitments elsewhere. I declare my interests as president of the Energy Industries Council, in succession to my noble friend Lord Jenkin, whose superb speech we have just heard, president of the British Industry of Energy Economics, chairman of the Windsor Energy Group and as an adviser to Mitsubishi Electric. I apologise also for the fact that I appear to be sitting on the wrong side of the Committee. The truth is, I strongly oppose the amendment and believe that it is completely wrongheaded, but I am not over the moon about the Government’s policy, either—so perhaps I am sitting in roughly the right place.
The noble Lord, Lord Oxburgh, is a very wise man with whom I usually agree on everything. However, in this case I do not agree with him. He said that this is a very complex Bill. Of course, there is a mass of interventionist detail in it, a great deal of which will never work, but the basic aim is quite simple. It is to get investment in new plant as quickly as possible, and get plant of one sort or another up and working before we have serious interruptions, given that we are closing other plants at a great rate for all sorts of reasons, not least to do with EU directives. The noble Lord said clearly that if we put this additional target definitely in place by 2014, rather than perhaps in place later, we will overcome infirmity of purpose. I can only offer my experience. It may sound cynical, but I have been in and out of government over a long time, so perhaps it is the same thing. Targets do not do that.
In some of the ministries in which I served—I hope that this does not sound too awful—the saying was that targets were set to be missed. They are not an inspiration, and a lot of shrewd investors and financiers know perfectly well that if they put too much faith in targets, they will be wrong-footed. What they should watch of course is technology. I advise both the Committee and the Government to do as much as they can to put their faith in technology and to back every kind of technological advance, because technology rather than targets will deliver the objectives that most of us want, including decarbonisation, affordability, security of supply and so on.
When I see the suggestion that we should put another target into the pattern—an early one, at that—on top of the targets for 2050, and for 2020 for renewables, which we are stuck with the moment, I worry that I am seeing yet another example of a rather dreadful trend, which is to rush at decarbonisation much too fast. It is all question of pace and politics. While I am as anxious as the next man to see a greener, cleaner world, and while I accept the horrors of global warming, whether or not their cause is scientifically established, the rush and overambition of the Committee on Climate Change, of the recommendations and of the zealots will upset our targets and ensure that we do not get the decarbonisation that we need. It is going to distort decisions and undermine the green cause. It will lead us to absurd situations towards which we are rapidly heading now, where we are actually burning more coal and not less, the opposite of what we want, and where we are getting, as my noble friend Lord Jenkin has rightly said, eye-watering price increases and minimum prices fixed for years ahead to encourage renewables. So much for lower prices—there are not going to be lower prices. Households are now paying average prices twice as high as they were paying five years ago, and some forecasts—perhaps too gloomy—are saying they will be paying two or three times as much as that by the mid-2020s.
Baroness Worthington
Does the noble Lord agree that it is quite clear the reason for those price increases is the high price of gas?
Lord Howell of Guildford
No, I would not agree at all. I look at my bill, and I do not know whether the noble Baroness has looked at hers recently, and find that 20% stuck on the bill as a result of green policies and green taxes. It may be that gas contract prices have been rising, but spot prices, and indeed some contracts around the world, have been falling. The noble Baroness knows well that in the United States, for very special reasons which may become global reasons, the price of gas is about a quarter of what it is here. So I do not agree with that proposition, and would certainly disagree with it even more in the future.
Baroness Worthington
Will the noble Lord therefore explain why gas bills have been rising when they do not carry any of the costs of the renewables obligations, as on electricity? There is very clear evidence in the public domain that up to two-thirds of the increase in prices is because of the underlying price of gas.
Lord Howell of Guildford
Obviously the bulk of a market price is the price at which gas is purchased: either contract or spot. However, if the noble Baroness is asking me to agree with the proposition that gas prices are now, or will be be, the driving force in raising prices, and that we should ignore the additional pace at which extra costs are placed on the consumer, I am afraid I cannot. The consumer is paying more. Energy prices in this country—I do not want to wander off the amendment too far—are very high, almost as high as in Germany. This is not good for our industry, and the pace at which people can be asked—it is a question of pace, not principle—to bear additional costs, particularly poor families, has to be handled with great care and calibration by policy makers.
That is why this idea of targets represents a danger, encouraging more over-ambition and more speedy decisions which distort incentives. Furthermore, technology is changing all the time, and all kinds of developments can take place which wrongfoot those who have established targets for years ahead. I know about that because in the 1970s and 1980s I was the Energy Secretary, and we launched a huge programme looking 50 years ahead for replacing our nuclear fleet, which, if we had done it, would have saved a lot of problems today. Although we announced that we were going to have nine new pressurised water reactors by 1990, we only actually built one. Today, those reactors would have been built and would be working excellently, producing low-carbon electricity. Alas, that did not happen.
So if the aim of this amendment is to bring greater firmity of purpose, and to reduce infirmity of purpose, it is not going to succeed. The aim of the Bill is to get more investment and to get the investors putting their money into new machinery, whether it is renewable, nuclear or gas turbines. That investment is not coming forward. It is not happening, and if people say it is about to happen, I have to ask—and this is where I am going to sound disloyal to the Government—why are Ministers rushing around talking about de-mothballing existing plant to fill likely gaps in our power supply in the next few years? Why is the National Grid talking about interruptible contracts? These are very frightening things. These are not going to increase certainty; they are vastly decreasing certainty. The oil companies and energy companies that come to me are not at all impressed by this Bill. They do not believe that it will create the investment certainty they need and they wonder when the politicians are going to show more finesse and care, and when the proponents of green energy, of which I am certainly one, are going to show more sense of pace in pushing forward these issues.
If we continue at the present rate, if we continue to install targets that apparently commit Governments—but of course time passes and they change—and if we continue to believe in targets driving investment and pricing decisions, we will create precisely the kind of political backlash that we now have. We will see poorer performance on CO2 than other countries that avoid all these sorts of targets, such as the United States, which has a brilliant performance on CO2. We are going to see less security, less affordability and more damage to our country, its competitiveness and, above all, the poorest families in the land. These targets are not only undesirable but dangerous and I very strongly oppose them.
Lord O'Neill of Clackmannan
My Lords, in his meandering tour d’horizon, the noble Lord, Lord Jenkin, said that the only approach he had had in support of this amendment was from the renewables lobby. I have certain misgivings about renewables, as I stated at Second Reading, but there is a degree of oversimplicity in the approach that a number of people have taken towards this amendment. The blanket opposition to almost all kinds of targets that we have just heard from the noble Lord, Lord Howell, is symptomatic of this condition.
This amendment does not suggest that the target will require nuclear power stations to be built tomorrow. Some of us would like them to be built today—yesterday, in fact—but that is not a possibility. But there are a number of small and medium-sized projects, about which there is probably greater investor uncertainty because of their size and disparate character, which would take encouragement and reassurance from amendments of this kind. Rather than the somewhat cautious approach of the noble Lord, Lord Stephen, I think that the dates suggested by the noble Lord, Lord Oxburgh, are more realistic.
We are grateful to the noble Lord, Lord Stephen, for his insight into how coalitions work. Certainly, as far as decarbonisation is concerned, it seems that the bus has set off on the way to Damascus. What some of us want is for it to arrive there. One of the sure signs that it would be at least within the environs of that city would be if we were to get acceptance of this amendment and an early possible date. There are dangers in targets at times but on this occasion this is a nudge—not a massive shove—in the right direction. It would be a very significant amendment if it were carried on Report—I know that none of these amendments is going to be pushed to a vote at this stage.
In summary, we are not considering all forms of generation and all projects as being triggered by an amendment of this kind. We are saying that a number of small-scale investments would be given a significant push if there were to be appropriate targets within a reasonable timescale. These amendments meet both those objectives. We could remove a degree of uncertainty. I do not think that we are going to get security of supply from these targets today, or a massive degree of decarbonisation, but we will get some. If we get a bit more security of supply, perhaps we will get a degree of affordability.
A lot of pious nonsense is spoken about affordability and security of supply. For the fuel poor, there is no security of supply because they cannot afford to pay for it. They self-disconnect and do not use it—they have to make very difficult choices. We need far more radical measures than this modest amendment to try to secure objectives of that character. However, for the purposes of the moment, this is an appropriate and sensible amendment to start the passage of the Bill in this House. If we were to get a broad spread of consensus at this stage, we could hopefully look to going into the Chamber and securing the kind of majority that a modest amendment of this character merits and deserves.
Lord Deben
My Lords, it gives me some concern to disagree with both my former Secretary of State—for whom I was a loyal and, I hope, reasonably efficient PPS—and my former Permanent Secretary, both of whom have spoken against this amendment. I always find these discussions difficult, because people move to extremes, and I hope that your Lordships will not mind me suggesting that there have been some examples of that today. The reason why the climate change committee advised that there should be such an interim target is that, by law, we are charged with ensuring that we meet the statutory target of reducing our emissions by 80% from 1990 by 2050. That is a statutory provision.
At the moment, we face a situation in which business has certainty up to 2020 and has it again in 2050. I declare an interest as a chairman of the climate change committee and, although I do not have business interests in the areas that we are talking about, I have had them in the past. The reality is that business needs to feel that there is a continuing mood, so that if it invests now it will be secure at least from government vacillation. No business can be assured of everything else—all kinds of things can happen in these circumstances—but the one thing that makes this very difficult is the natural fact of government intervention. My noble friend talked about the interventionist nature of the Bill. The real problem with the subject that we are dealing with is that it is necessary to have some intervention. The argument is in large part about how much.
As to whether industry needs this, we had the powerful suggestion from my noble friend Lord Jenkin that industry did not want it except for the renewables. I have a list here of 50 major companies, including Scottish and Southern, EDF, Alstom, Doosan, Mitsubishi, Siemens—I could go on—all of which have specifically asked for this because they are concerned not only about their own investment but about the supply chain. We are pressing this not because of climate change but in order to get the benefit of what the UK is doing because of climate change. If you do not do this, all the money that we are going to spend—£7.5 billion—between now and 2020 in order to begin the decarbonisation of our electricity supply is imperilled, in the sense that the businesses that should grow and produce will not come here if they feel that there is no certainty beyond that. My noble friend Lord Jenkin said that it was all very difficult and we ought to put it off. My problem with that is that climate change does not wait until we find it convenient to meet the problems. Every year we put it off, the cost is greater and the problem is bigger. We have to take that into account when making these decisions.
We also have to recognise a serious new factor, which is the reverse of what used to be true. It used to be thought that Britain was in the vanguard. We had this wonderful Bill and we were doing all this, and other people were not. Anyone who looks at the GLOBE International report, produced with the London School of Economics—and I declare an interest as the president of GLOBE—will see that over the last year some 30 countries are now embarking on serious investment in this area. So we are now competing with other countries that are also seeking this investment.
The problem for the British Government is that, however much they talk about these issues, around these tables today are others who keep on saying, “Well, it is not going to be like that”. Every newspaper throughout the rest of the world repeats the comments of the climate change dismissers, who are always suggesting that just around the corner all this nonsense will stop and we will go back to business as usual.
The trouble with that is that people will go to countries to invest where that is not the case and where Governments have given long-term assurances. We need therefore to take this fact seriously for the British economy and for the green jobs that we have sought to create. This is why I think that the Government have been mistaken in doing this and why I have some sympathy with this proposal, although of course I have no inside knowledge of the kind produced by the noble Lord, Lord Stephen, as to what may have led to this decision.
Then we have the question of the cost to the consumer. When the newspapers see a rapidly rising cost of energy, they do two things. First, they want an easy answer as to why that is happening, particularly one that they think they might be able to affect. Secondly, they will not think ahead as to whether this is going to go on and what we do as far as the future is concerned.
I suggest to your Lordships that the biggest problem of the cost is actually the basic cost. It is true that gas prices have risen—that is much the biggest amount. The additional cost to the average family in Britain at the moment from our green measures is £60 a year. It will rise to £100 a year in 2020. If we do what is suggested and set a carbon-intensity target, the bills for the average consumer—as far as we can do this work; we have to rely on the best evidence that we have—will between 2020 and 2030 have risen by £20 more than they would have done. After that, of course, because electricity will have been decarbonised, private energy costs will fall significantly.
We ought to keep this in some sort of proportion, rather than blaming all the rises on the fact that we have what is actually a limited cost. That cost is, in my view, a cost of insurance. I am sorry to repeat it—I have said it before because I think it is important—but there is not a Member of your Lordships’ House who does not insure his home against fire. Yet there is a 99.8% chance of that house not burning down. That insurance costs £140 a year. That is more than twice what we are charging as a nation for people to protect themselves in the future.
The insurance cost that we are talking about is sensible and it insures us against three things: it insures us against dangerous climate change; it helps to ensure our energy sovereignty; and it insures us against rising gas prices. Some people believe that gas prices will not rise. The international energy body certainly thinks that they will rise. I certainly would not like to bet my future, or my children’s future, on the idea that gas prices are going to fall. That does not seem sensible to me. Replacing our present dependency with a portfolio of mechanisms by which we produce our energy is an essential insurance against that, because energy is so crucial, as my noble friend Lord Jenkin has said.
I end with a reminder to your Lordships. The noble Lord who is a former Secretary of State for Energy said that he had had a great plan for nuclear power, and what a great thing it would have been if it had gone through. He did not get it because people were not prepared at the time to face realities, needs and long-term decisions. He is now asking us, on the basis of that experience, to repeat the mistake. He is asking us again to say that this is not the right moment and that we must not rush into things and make these decisions because, for one reason or another, we should wait.
I say to the noble Lord, Lord Turnbull, that we have not impaled ourselves. We have taken on a necessary and absolutely essential burden. It is the burden of this generation ensuring a future for the next. The sense of urgency is there because, if we do not do it but put it off, we will always put it off. That is the lesson of our failure to invest in nuclear power when we should have and it is why the noble Lord’s speech should have been the other way round. He should have said that we should learn from that disaster and do now what we need to do. The pace does not seem rushed to the public; it seems very reasonable.
Lord Howell of Guildford
My noble friend has missed the point. The danger of targets such as the one proposed now is that they distort investment decisions. It is not that they prevent all kinds of investment but that they distort investment decisions through their urgency and through their aim at a particular target, in ways that lead to counterproductive results. The results now before us are a growing hostility among the public to the higher prices that they have to pay, a feeling that there is redistribution from the poor to the rich, which is not at all welcome, and difficulties about deciding what strike price to give for our replacement fleet of nuclear power stations.
My experience in the 1970s and 1980s was that the investment decisions were all askew. They were not clear at all. The long-term determination, backed by the then Prime Minister, Mrs Thatcher, to support an entire nuclear replacement fleet was undermined by all kinds of alternative views and distortions. The same distortions will result from this target. That is all I am saying.
Lord Deben
I find that very difficult to follow. This is not a prescription for the means by which we will meet the requirement of a carbon-intensity target. It is an assurance that we are going to stick to that target so that everybody can use whatever mechanisms they have. This is a non-prescriptive concept, of which I approve. It does not say that we have to use this, that or the other. It is a portfolio approach. I still think that the parallel is very clear. If we had been able to stick to our proposition, we would be in a better place today and we would not have to do many of the things that we seek to do today. To ask us to repeat that mistake seems to me a great sadness.
I come back to my first point. The reason we believe that there should be an interim carbon-intensity target is that it is necessary if we are to reach our statutory requirement in 2050. It is necessary for the United Kingdom plc because it gives certainty to people about the parameters within which they will work. If we do not do it, all the noise around what the Government are doing, and the determination to put off to beyond the next election the carbon-intensity target that is now admitted by the Bill, will do a great deal of harm. It will mean that the supply chain that could come to this country will not come and that the jobs and prosperity that should come from our far-sighted decisions will not be gained and earned. We will do very much better to take the advice that will lead to a serious system in Britain that will make us competitive with the rest of the world.
Lord Cameron of Dillington
My Lords, like the noble Lord, Lord Deben, I support the amendments in the name of the noble Lord, Lord Oxburgh, in favour of setting a 2030 decarbonisation target in 2014 and not waiting until 2016. I declare my interest as a farmer and landowner with a very small interest in a renewable energy scheme on my farm.
As I said at Second Reading, we desperately need to invest now in new sources of power to keep our lights on and our economy running efficiently. Of course, I am referring to the long term because it is probably already too late for the short term, although we are not going to be discussing that today; nor are we discussing incentives for the generators themselves. Their incentives are contained in the contracts for difference, which help them to overcome the problems and the risks of the huge upfront capital costs of renewable energy schemes, where, on the whole, the fuel or the power source is free—which, as the noble Lord, Lord Deben, says, makes them very cheap and good value to the consumer in the long run.
What we are discussing today is the need for supply chain investment, as the noble Lord, Lord Oxburgh, said. We are seeking to give a degree of certainty to the Gamesas, the Vattenfalls, the Siemenses and the Vestases of this world that, yes, they can invest billions in production plants to produce the turbines and blades for offshore wind—they can invest in the UK economy. These amendments are trying to give them the confidence that their plant will not produce up to the cliff-edge that is 2020 and then have to sit while the UK Government adopt one of the options in last December’s gas strategy that makes gas a central, core part of our energy policy. This amendment is about giving confidence to the supply chain for renewable energy.
Some people might ask—as the noble Lord, Lord Jenkin, did—who could doubt the UK’s commitment to a decarbonisation agenda? It is a rational certainty. After all, our Climate Change Act gives us the tightest emissions reduction target on the planet for 2050. After all, the Government’s own sponsored impact assessment shows that a 50 gram target could have the benefit, among other things, of reducing consumer bills between 2016 and 2030, depending on international gas prices. After all, the Government have virtually admitted that the whole point of this part of the Bill is to bring in a target in 2016, so all we are doing here is arguing about a two-year pause—what possible difference could that make?
A 2030 target is a rational certainty, yet 2016 brings us beyond the next election and who knows who will be in charge then? As has already been said, this Bill does not quite commit the Government to setting a target in 2016, only some time possibly after 2016. Therefore, Amendment 7, in the name of the noble Lord, Lord Stephen, is a possible fallback position.
In the light of all this rational certainty, what is preventing the Government committing themselves now? Is it the need for ongoing gas generation to provide the capacity reserve that everyone knows will still be around well into the 2040s, pumping out 300 grams of CO2 for every kilowatt hour produced? Or is it the possibility of more dramatic changes in the energy market? No one can deny that in the United States shale gas was a revolution in terms of the price of power there, and the rest of the world is looking to see whether it can join the club, as it were, including the United Kingdom. I think that a revolution from our shale gas is pretty unlikely and that the international price of gas will carry on going up.
If the Government cannot commit amid all this certainty, why on earth should business, its investors, its banks or backers commit? This is an investment landscape totally driven by the political agenda. Without government commitment, it is hard to see why industry should commit. This is such a golden opportunity for creating a whole new economy for jobs and growth in this country. As the Chief Secretary to the Treasury said,
“we just need to have a very, very clear position and a very, very clear plan”.—[Official Report, Commons, Energy Bill Committee, 5/2/13; col. 468.]
However, that is not apparent as yet.
Various noble Lords who attended a very interesting talk last night by Peter Atherton, an investment analyst, have made reference to it. I have heard similar talks before. When I sat on Sub-Committee D, we looked at the European power sector. We were informed, in much the same language, that it was going to be very hard to produce the power and the investment. Indeed, there has been such a lack of political leadership on the continent, which I think is fairly important, that the continental power companies’ shareholdings have sunk almost out of sight and very little investment is happening in that sector. It has not happened yet in this country but the question of political leadership is important here.
The essence of Peter Atherton’s message was that a 50 gram target by 2030 would cost far too much and be impossible to deliver in the current UK and EU financial markets. That is quite apart from the extreme difficulty of building the physical structures needed to deliver a 50 gram target on time. Clearly, the Government and the climate change committee should listen to him and others on the practical difficulties and expense for consumers of delivering a 50-gram-per-kilowatt-hour target by 2030. He convinced me that perhaps a 50-gram target by 2030 was a step too far but he did not convince me that we do not need a target at all. It could be that 75 grams or 100 grams would be enough to convince the investors that their investment in the supply chain would be safe. The point is that if we believe in climate change and the need to act sooner rather than later—it appears that all political parties in this country do—we have to commit ourselves sooner rather than later, which is why I support this amendment.
The Government say that they are waiting for the fifth carbon budget before they commit, but I do not find that a very convincing excuse. Such a budget applies to the wider economy and is not set to specific. I realise that the power sector is responsible for some 27% of the nation’s carbon emissions. Therefore, it could not expect to escape totally untouched by such a carbon budget but there is unlikely to be the total clarity within these general targets to provide the certainty for investors in the power sector.
In conclusion, it would appear that over the past 200 years our society has developed a form of lock-in to fossil fuels and fossil-fuel power. We have got better and better at extracting these fuels, and better and better at using them. They have become cheap, convenient and reliable. But now we realise that we have to make a step change, which will not be easy—indeed, it is proving to be very difficult—as a nation or even as a species, to getting better and better at deploying and harnessing non-fossil technologies. I believe that over time we can learn to make renewable technologies also cheap, convenient and reliable. But for that to happen, and for us to create this whole new economy and these new jobs, we need commitment from our Government. These amendments give our Government the opportunity to take that lead.
Lord Dixon-Smith
My Lords, I hesitate to intervene in a debate between titans but I wish to speak as an innocent customer. I have been paying my fuel bills for my business for three months short of 55 years and have seen the price go up 6,000% in that time. If I have seen the price rise like that, so has the community. The first tribute I must pay is to the community at large for its enormous adaptability over very difficult and rapidly changing times.
I come back to the amendment we are discussing. I was delighted to listen to my noble friend Lord Jenkin, who for once was on the same side of the fence as me, because I do not think that the amendment is appropriate, but perhaps for slightly different reasons than have been mentioned. I wholly support the target in the Climate Change Act. We already have a basket of technologies which, if put in place, would enable us to hit that target. Perhaps the necessary initiative and determination on the part of some of the participants in the debate are not there but the technologies already exist. What I do not know, of course, is what the unknown unknowns are, to borrow a phrase from a rather notable American.
I want to talk about a known unknown which has changed the nature of the game since the Climate Change Act was passed, and that, of course, is shale gas. I am well aware that shale gas emits carbon dioxide if you use it to generate electricity, but one of the things that has been going on in the background in this country for a very long time is consideration of the use of carbon capture and storage with the intention, if possible, of trying to keep the coal business in being. However, the fact of the matter is that the emissions from a coal-fired power station are so appalling that the cost of CCS is extremely high, the energy penalty is also extremely high and it is not going to work. The cost of cleaning up the emissions from a gas-fired turbine, however, is much less because the emissions themselves are cleaner, the cost of emissions per unit of electricity is already that much cheaper and you can get those emissions down virtually to zero. Therefore, if we had those supplies—that is the big question to which we do not know the answer—we would have what I choose to call a very useful potential interim technology. I put it no higher than that. Setting short-term targets now could lead us into a situation whereby we are forced to invest in high-cost technologies in order to meet these short-term targets. I do not think that is wise.
We are not dealing just with investor confidence here. It strikes me that the energy suppliers are playing a very good game of poker with us at the moment, which I think we should resist. We also have to deal with customer confidence. The difficulty we have with the whole question of shale gas is that we do not know yet whether we have it, can extract it and use it. To force a decision on the assumption that it is not there, because that is where we started the debate, would be totally wrong. We should not rule out possibilities. Another reason why I am against short-term targets is that we also have to face the possibility that there may be other game-changers out there that we do not know about. We shall have to be able to take them into account as we go along, so my personal prejudice is for keeping things as uncontrolled as possible for as long as possible, bearing in mind the absolute necessity of meeting the target in the Climate Change Act, which, as I say, is capable of being met if we have the political determination to do it.
I am sorry to say to my good friend Lord Oxburgh, because he is my good friend, that the amendment is one step too far or one step too soon—you can take your choice.
Viscount Ridley
My Lords, I, too, rise to oppose the amendment moved by the noble Lord, Lord Oxburgh—although I greatly appreciate some of the points that he has made—and, to some extent, to echo what the noble Lord, Lord Dixon-Smith, said. We have heard a lot about the importance of jobs, prosperity and giving certainty to companies—usually ones with Japanese and Scandinavian names, I notice. In response to the noble Lord, Lord Deben, I would say that we do not build power stations for the people who work in them and run them, we build them for the people who use the electricity that comes from them.
Last week, we heard that the Government have decided on a strike price for offshore wind of £155 per megawatt hour. A few years ago, the Government said they had the ambition of getting this down to £100 per megawatt hour. That now seems to have been abandoned, as the number has come down, with inflation taken into account, to only £135 in 2015, I think it is. These are extremely high numbers—three times the going rate for energy at the moment. What will happen to the people in the chemical, cement, steel, aluminium and heavy engineering industries? We know the answer to that. There is an industrial renaissance going on in the United States—a huge resurgence of manufacturing industry—because of shale gas and the effect it has had on energy prices.
Lord O'Neill of Clackmannan
The industries the noble Viscount has cited are wholly dependent on baseload generation. However, he is talking about interruptible generation. He is talking about two different sources. The industries will not be dependent on interruptible generation because they will require continuous baseload generation, 24/7, to conduct their industrial activities.
Viscount Ridley
My Lords, in the United States, shale gas has displaced coal. I should, by the way, declare my interest in coal even though, once again, I am speaking against it and in favour of its greatest competitor, gas. There has been a massive displacement of coal by shale gas, which brings me on to the next point. The effect of displacing coal with shale gas in the United States has been to cause the fastest drop in CO2 emissions of any western country. They are down to the levels they were at 30 years ago and down to the per capita levels they were at 50 years ago. These are extraordinary achievements and suggest that we have, in shale gas, a technology for short-term reduction in carbon dioxide emissions—not all the way down to 50 grams or anything like that but a good chunk of the way—that could be achieved and combined with affordability. The counterfactual to building a huge amount of offshore wind capacity and other industries is to allow the development of gas in this country. We know that the numbers would be much lower in terms of the cost to the consumer—it would be much more feasible and much more affordable. To throw away the flexibility of going for that possibility would be a potential mistake.
Lord Deben
I am sure that the noble Viscount knows this, but in the calculations that the climate change committee has made, it fully accepts the need for using that shale gas in the amounts that we generously expect will be used. We are not throwing it away, we are including it as one of the portfolio.
Viscount Ridley
Would the noble Lord accept that the figure that came out last week for the amount of shale gas under the UK is far higher than was assumed when his report was written? I went to talk to Cuadrilla at one point last year. I said that the 200 trillion cubic feet that they were talking about under Lancashire was being ridiculed as a very high number and asked whether they stood by it. They said, “Privately, we think it is much higher. It is about 300 trillion cubic feet but we dare not say so because people will not take that seriously”. Then an independent consultant, Nick Grealy, said 700 trillion cubic feet and everybody laughed at it. Now, the British Geological Survey has said there is 1,300 trillion cubic feet. This is the largest find of shale gas ever on the planet. The shale rock we are talking about, the Bowland shale, is in places 10 times as thick as the Marcellus shale in Pennsylvania.
I went to see shale gas extraction in the Marcellus shale in 2011 because I had heard about it and thought it was interesting. You could hardly find these well pads—they are tiny and hidden among the trees. There was a flock of wild turkeys running across the road on the way to one. I asked somebody for a calculation of just how much energy can come out of a small area when you are drilling for shale gas. The answer is that about 25 acres of well pad in Pennsylvania can produce as much energy from shale gas as the entire UK wind industry produces at the moment.
Baroness Worthington
I am sure that that is a fascinating discussion and one we will probably return to, but can the noble Viscount point to where in this part of the Bill there is anything that prevents shale gas contributing to the meeting of our decarbonisation targets? I would embrace it and would hope that it came along quickly if it could be done sustainably; there is nothing in this part of the Bill that prevents it.
Viscount Ridley
If we embrace within the next couple of years a decarbonisation target that is stricter than shale gas can help us to get to, I think that there will be a problem in the way of shale gas.
Perhaps I may turn briefly to climate change. This is not the time to re-fight the climate change debate, but others have brought it up. Given that shale gas offers the possibility of a slower rate of decarbonisation—not to as low a level of target as we are talking about—we need to retain the flexibility of that and to take into account where the climate change science has shifted to. It is simply not the case that the science has become more alarming in the past few years. There has been a series of studies of climate sensitivity in recent years by Otto et al., Aldrin et al., Ring and Searchinger and many others. The biggest of those, the Otto et al. study, which had 14 leading authors, two of whom are co-ordinating lead authors of the Intergovernmental Panel on Climate Change, concluded that transient climate sensitivity—that is, the number that we are likely to reach in about 50 years—is about half of what we thought it was. It is about 1.3 degrees centigrade, of which we have had nearly half already. It is not true to say that we are seeing damaging effects on weather from climate change. Weather is not climate change. The Intergovernmental Panel on Climate Change SREX report in late 2011 came to the very firm conclusion that you could not see a signal of climate change in current climate events, neither in droughts, floods, storms nor any of those kinds of things. Professor Roger Pielke at the University of Colorado has come to exactly the same conclusion. There is no evidence yet that we are seeing damage. Meanwhile, we are seeing clear damage from climate change policies. The denial of cheap electricity to people in poor countries and the effect of biofuels on food prices are having a demonstrable effect on both hunger and well-being in other parts of the world. We have to take these things into account.
I hasten to add that I accept the science of climate change. By that, I mean I accept that carbon dioxide has its full greenhouse effect. At Second Reading, the noble Lord, Lord Prescott, said that I was denying this, but I accept that it has the full effect. However, the full effect is only 1.2 degrees centigrade warming for a doubling of the quantity of carbon dioxide—it is there in section 8.6.2.3 of the latest report of the Intergovernmental Panel on Climate Change. The danger arises from the potential feedback effects from water vapour in the atmosphere. We can measure whether those are happening and it is clear they are happening more slowly than expected—that is what those papers I cited are all about.
This is not about saying that climate change is or is not happening; it is about saying that potentially the world is changing. We are finding flexibilities in the way in which the world is changing which mean that we should retain flexibility in policy. That is why I oppose the amendment.
Baroness Browning
My Lords, I shall speak briefly because I realise that it has been a long debate. I want to make just a couple of points. First, the Government are taking the most important step in putting in place the legislative framework to allow a binding target range to be set at the right time. I understand—perhaps my noble friend the Minister will confirm this—that there is nothing in the Bill to say that if circumstances change in the next two or three years the Government could not go ahead and make that announcement. I believe that that flexibility is in the legislation. When the decision is made—whether it is 2016 or before—the fact that the legislative framework is in place will mean that it can be implemented with more speed than if we had to come back to take this matter through Parliament. That in itself is an advantage. I therefore support what the Government are proposing.
Secondly, I want to press the fact that all Governments have required flexibility in this area of policy, as was mentioned so ably by my noble friend Lord Jenkin of Roding. I just share with the Committee a conversation that I had when I was a member of the Public Accounts Committee in 2005 with the then DTI Permanent Secretary who then had responsibility for energy policy, Sir Robin Young. During an evidence session, I pressed him on whether he would guarantee integrity of supply in the light of the Government’s failure to make an announcement on whether they would renew our nuclear plants, in particular as we were well aware at the time that the Magnox reactors were coming to the end of their life. In response to my question, he confirmed that a minimum lead time would be 15 years, so in 2005 we were getting quite anxious about where the policy was going. I asked him to guarantee integrity of supply. In his reply, he stated:
“The absolute guarantee is in the white paper”—
that was the Government’s 2003 energy White Paper—
“that a reliable competitive and affordable supply of energy is a number one priority for the government, of equal priority to the low carbon objective”.
Lord Lawson of Blaby
My Lords, the whole Committee owes a great debt of gratitude to the noble Lord, Lord Oxburgh, for having, through his amendment, sparked a most interesting and wide-ranging debate, which featured in particular an outstanding contribution from my noble friend Lord Ridley. His exposure of the facts put in its place the fantasies peddled by my noble friend Lord Deben and the noble Viscount, Lord Hanworth. There is no need for me to refer any more to them.
Lord Deben
I hope that the Committee understands that the “facts” that were presented would be denied by almost every climatologist in the world, and that they are entirely the same as those always put forward as regards those who dismiss climate change for the seriousness it has. We ought not to use the word “fact” so loosely.
Lord Lawson of Blaby
If my noble friend feels that anything that the noble Viscount, Lord Ridley, said was incorrect, he had the opportunity to say so. He is quite unable to do so. What the noble Viscount said is right. Another fantasy, since I am provoked by my noble friend, was his statement that it is not the case that we are going out ahead of the pack and that everybody else is going green, going renewable, in the same way. This is patently untrue. The major European countries that have gone in this direction, Germany and Spain, are both winding back as fast as they can on their subsidies and support for renewables. They realise that it is a blind alley, which is why, as the noble Lord, Lord Cameron, pointed out, the share prices of the renewables companies have collapsed. That is what is happening.
Baroness Worthington
Will the noble Lord explain, therefore, why there is currently a trade dispute between China and Europe on solar panel manufacture and why there have been disputes between the US and China on wind turbine manufacturing?
Lord Lawson of Blaby
That is an interesting question, which I will answer. The Chinese felt that the Europeans were so foolish that there was a big potential export trade sending solar panels to Europe. Their solar panel industry is in dire straits, so they have cut their prices to the bone, which is why there is this dispute. The noble Baroness may be interested to know more: China has a five-year plan. In that plan, how much of their electricity does she think would be generated by the solar industry by 2020? The answer is 0.5%. That is what China is doing. However, China thought that credulous Europeans would buy these panels and that there was a great export trade to be had. The winding-down, which I was referring to a moment ago, of the renewables industry in Europe has meant that their market is not nearly as big as they thought. So the Chinese are in a very difficult state on this front and that is the origin of the trade disputes. I am glad that the noble Baroness asked me that, because the answer is interesting.
Before I go on to the amendment tabled by the noble Lord, Lord Oxburgh, there is one thing that I hope we can change if we are going to debate this important issue in an honest and sensible way. We should get away from the idea of saying, “I am all in favour of clean energy”. Two noble Lords have said this already. There is nothing cleaner than carbon dioxide. It is a colourless, odourless gas whose main effect is to make the world habitable, because without it there could be no plant growth and without plant growth there could be no animal or human life. Scientists are agreed that the biggest single effect of carbon dioxide is to enhance plant growth; it is known as the fertilisation effect. There is nothing unclean about that.
Lord Lawson of Blaby
No, I have not finished. It is true that carbon dioxide in the atmosphere has a warming effect. How big a warming effect, as the noble Viscount said, is disputed among scientists, and the consensus is moving to a much lower effect than was previously thought. However, the sun has a much greater warming effect and I have not heard anyone referring to the sun’s rays as dirty. Therefore, can we get away from all this clean/dirty nonsense, which is emotive rubbish and has no place in a proper parliamentary, or any other, debate?
Did the noble Baroness wish to intervene? No, she has thought better of it.
One of the curiosities of this Government in this area is that we have not one energy policy, but two. This Bill represents one of them. Calling it an energy Bill is somewhat misleading; it should have been called a decarbonisation Bill, or maybe an anti-energy Bill. Nevertheless, ostensibly it is an energy Bill. That policy is out of date, if it ever was in date. The draft was produced in 2010 and the gestation goes back to the previous Administration in the era when the Climate Change Act was passed. That is one energy policy.
I will quote the other energy policy. In his comprehensive spending review Statement, my right honourable friend the Chancellor of the Exchequer said that we,
“will put Britain at the forefront of exploiting shale gas”.—[Official Report, Commons, 26/6/13; col. 310.]
A week earlier, at a European Council meeting, the Prime Minister, my right honourable friend David Cameron, said that we must make,
“the most of indigenous resources such as shale gas”.
Perhaps it is a consequence of coalition government that you have two separate energy policies. However, the other energy policy and the one in the Bill are in complete conflict. The purpose of this Bill is, through long-term contracts for difference of 15 years or even more, to lock this country into high-cost renewable energy and nuclear energy. That will leave very little space for shale gas, although, as my noble friend Lord Ridley pointed out, it is now clear that we have enormous reserves in this country. Having indigenous reserves is particularly important and, because of liquefaction, the cost of transporting gas across the ocean adds considerably to the cost of the gas.
We cannot have it both ways. We either go for shale gas, which is cheap, or we lock ourselves into high-cost energy. That is what worries me. The only way in which you can make sense of these two conflicting energy policies is if you think that the purpose of developing our resources of indigenous shale gas—we cannot use it here because of this Bill—is for it to be exported to our competitors so that they can have the benefit of the cheap energy that we are foregoing. That is the only way in which you can reconcile the two policies. Of course, it is complete rubbish, complete nonsense. It is the economics and the politics of the madhouse.
Finally, I come to the amendment about the target in the name of the noble Lord, Lord Oxburgh, on which I think that he is a little naive. As my noble friend Lord Howell said, just putting in this target does not give any guarantee to energy companies in the slightest, because things can change. No Parliament can bind its successor. As I said earlier, the Germans and the Spanish are changing all their subsidies and support for renewable energy. No businessman believes that this target means anything. It is true that the contracts for difference, which are legally binding, will bind us and lock us in. That concerns me, but this target is neither here nor there.
Since it is neither here nor there, I am very much tempted to support the amendment in the name of the noble Lord, Lord Oxburgh, for a good reason. This Bill is absurd and unworkable, but some people may not have realised quite how absurd and unworkable it is. Voting to include his amendment will make the full absurdity and unworkability of the Bill clearer. Nevertheless, I shall do my best to resist the temptation.
The Earl of Caithness
My Lords, I have no financial interest to declare. I suppose my interest to declare is that I now look out on 11 different wind farms that have been erected in the past six years. I do not believe that any of your Lordships has that either dubious pleasure or distinct disenjoyment that I have.
Like the noble Lords, Lord Cameron of Dillington and Lord Whitty, I had the privilege of serving on the House of Lords sub-committee that reported on energy last year. In the report, No Country is an Energy Island, we looked at the energy market within the EU. It is not just Britain that faces a problem; it is the whole of the EU, where a vast amount of money has to be spent. We came to the conclusion that,
“a clear and credible EU energy and climate change policy … is a pre-requisite for attracting”,
the necessary investment. However, what was absolutely clear in the evidence that we took was that every prognostication about the energy market made 10 years ago or even five years ago was already totally out of date and out of the window. It seemed clear to me that the one thing that was likely to happen was that our report was also going to be out of date pretty quickly.
I take the example of shale gas. So much more information about shale gas has come into the public domain than we had when we produced our report. As the noble Viscount, Lord Ridley, said, the potential supply is wildly in excess of any of the figures that we were given. It seemed to me at the time, and it is reinforced now, that our Government need to have the flexibility but also the drive to take action quickly when the opportunities come.
The evidence that we got on renewables and on targets for renewables was very mixed. Mr Atherton told us that setting the target in 2006—the UK signed up to it—locked us into immature, technically uncertain and expensive technologies. That is a concern that we ought to bear in mind. If there are new technologies that are going to produce decarbonisation, perhaps at a slower rate than some of the purists would like, that is something we should not ignore. It is something that this country stands to benefit from. If we have the unique geological structures under our ground that are perhaps more exploitable than we thought at the time we wrote our report—and I guess that our report would be very different now; I wonder whether the noble Lords, Lord Whitty and Lord Cameron, agree with me on that—I do not think that we ought to obstruct our Government from taking those opportunities.
I turn to what the noble Lord, Lord Stephen, said about investment and jobs. There has been a huge investment, but I have not seen any of the jobs come to Caithness for all those wind farms that I look out on. Some £10.7 billion has been spent in this country on wind farms, but as little as £2.1 billion actually came to the benefit of the UK. What I do not understand is why agreeing a target now rather than in two years’ time is going to change that situation. I do not have any evidence that firms are going to come to the UK specifically because we have a decarbonisation date fixed in 2014 rather than in 2016. Indeed, it was on that point that the noble Lord, Lord Cameron of Dillington, was absolutely right. It is a question of two years. If in that time we are hopefully going to agree the fifth climate change package in the EU, is it worth pre-empting that—at potentially a huge cost—or is it worth waiting for that to be agreed and then setting a figure after that, which the Bill provides for?
My firm belief is that we should wait and we should use the potential that has been given to us by geology to explore whether shale gas can come to our aid. If we can produce cheaper energy, it is going to lead to one of the greatest revolutions of growth in this country, which will be of huge benefit not just to us but to the whole of Europe. For those reasons, tempting as it is to tick my green credentials and support the noble Lord, Lord Oxburgh, I think that we would be heading down the wrong track.
Lord Whitty
My Lords, the noble Earl has presented a view of the report that he and I were both party to, as indeed was the noble Lord, Lord Cameron—and I think that I saw the noble Lord, Lord Maclennan, come in just now. Does he not agree that the major conclusion of that report was that, whatever the technology, what industry requires in order to invest the sums of money that are needed in European energy is greater regulatory and policy certainty? Part of that must surely be to establish the trajectory of the decarbonisation pattern that Europe and the UK are embarked on.
There is now more evidence that we have more of shale gas than perhaps we thought a few months ago. Whether it is extractable at commercial prices and over what timescale is as yet unclear. But the point about shale gas is twofold. First, shale gas can help to contribute towards faster decarbonisation if it displaces coal and oil, but not if it delays the adoption of nuclear or renewable technologies. Again, it depends on the framework in which we are operating. The second thing that the report suggested and emphasised strongly, as I am sure the noble Earl will agree, was that shale gas plus carbon capture and storage could be a major contributor to decarbonisation. If we do not get carbon capture and storage into the 2020s, we have no chance of reaching that target, but shale gas is not necessarily the enemy of that target and could indeed be supported by it.
The Earl of Caithness
My Lords, with regard to the first question that the noble Lord, Lord Whitty, posed to me, yes, of course, I agree with him. I read out the sentence from paragraph 40 of our report. It was one of our conclusions that certainty was a pre-requisite for the investors. My question to my noble friend and the Committee was: is a delay of two years going to make that amount of difference when we have an EU target for 2028-32 to agree within a short timeframe ahead of us?
With regard to carbon capture and storage, I did not want to go down that track. I totally agree with the noble Lord but, again, we have limited evidence about it to date. I wish that there was much more that we could report to the Committee about the tests for carbon capture and storage. There are still some people who say that, despite what is going on at the moment, it will never become a commercial issue. With regard to nuclear, of course, having lived next door to Dounreay—as has my noble friend Lord Maclennan of Rogart—I regret the closure of that research centre. Dounreay had the potential to have got us out of the hole we appear to be about to fall into.
Baroness Worthington
My Lords, I am delighted to speak to Amendments 2, 3, 4, 6, 9, 10, 11 and 14. If your Lordships will permit me, I will speak to Amendment 22 when we discuss Amendment 27, because I think that they are very similar. Unsurprisingly, having put my name to these amendments, I support them.
I congratulate the Government on having introduced these measures into the Bill. As the noble Lord, Lord Stephen, pointed out, they were not there at the start of the process, but the Government have clearly listened to the representations from a large number of organisations requesting that they be put into the Bill. Here they are, and here we are debating them in detail for the first time. We have had a fantastically detailed and wide-ranging debate today and I would like to make some contributions to some of the issues that have been mentioned already, as well as a few additional points.
First, why do we need such a target and why should we support the amendments in the name of the noble Lord, Lord Oxburgh? It is simply the fact that investors want this and the country needs it. The noble Lord, Lord Jenkin of Roding, said that only one trade organisation had made representations to him, but he and I were both present at a joint meeting of the Nuclear Industry Association, the Carbon Capture & Storage Association and the Renewable Energy Association, and all three were united in calling for greater certainty and for a decarbonisation target to be set as part of the Bill. That is just three trade associations. An additional 23 trade associations support it. Another 83 commercial companies support it. In total, more than 200 organisations support this provision being in the Bill. It is absolutely certain that we need it; investors have said that they need it. Simon Howard, chief executive of the UK Sustainable Investment and Finance Association, has said:
“There is significant investor appetite for the UK to be a global leader in profitable low-carbon energy solutions, providing the high-quality innovation and jobs that the country needs to ensure a future economic recovery”.
Basically, people want to invest in the UK, but they need certainty.
Lord Teverson
I thank the noble Baroness for letting me intervene; I shall not intervene again. I do not want to get in the way of the thrust of her argument, but I would ask her to say, “Well, of course, those people would say that”. There is at the end of the day a whole bargain going on here where suppliers will try to get the best deal they can, so they are bound to say things like that. The difficulty of the Government’s position is in being able to assess, as we have seen in the negotiations for the nuclear strike price for Hinkley Point, what that balance of risk and proper price is.
No other industry, not even agriculture under the common agricultural policy in the 1960s and 1970s, has offered a fixed index-linked price for 15 years. I do not in any way want to undermine the noble Baroness’s general argument, because it is an important area, but I think that we have to be really careful in our negotiations about how much we have already given within this framework, given the very large businesses that have very good negotiators. I know that the noble Baroness is one of the least naive people, but I think that we on this side have to be slightly careful about being naive in these price arguments. The noble Lord, Lord Deben, made the strong point at Second Reading that we are in an international market—I absolutely agree with that—but we have to keep a sense of proportion about what else is being offered. I shall not interrupt the noble Baroness again.
Baroness Worthington
I thank the noble Lord for making that comment. I simply say that that is a complaint against the CFDs, which we will come on to discuss under Part 2 of the Bill. This is Part 1, which simply states the purposes of the Bill. There are many things that the noble Lord said with which I agree. If we had focused more on setting a framework of legislation, with clear outcomes and the right policies to create the link between those outcomes and the responsibilities placed on government and the commercial people who have to deliver on them, we would be in a much better place than we are. I said at Second Reading that I believe in markets. I believe that, as legislators, we should set a clear framework and allow the markets to live with the least-cost solutions. We are not in that position right now—that is not the Bill that we have in front of us—but this part of the Bill could be an important element in doing just that. The amendments would create that framework of certainty and guarantee a trajectory of travel. That is what is lacking in the Bill at the moment.
As others have said—I do not want to repeat it—the Bill does not set a decarbonisation target; in fact, it prevents a decarbonisation target from being set and seeks to tie the hands of future Governments. That is very regrettable. Moreover, it is simply enabling. It simply says that the Secretary of State “may”, if he or she chooses, set a decarbonisation target. Of course, that is going to create uncertainty. Why the discretion? Ministers in the Commons were keen to point out that they were in disagreement not about the principle but merely about the process and the timing. If that is true, why is there a need for discretion? Why the “may”? It seems to me totally illogical; it creates needless uncertainty. A number of noble Lords have used different phrases—“government vacillation”, “infirmity of purpose” and “gratuitous increase in uncertainty”. The discretion seems completely illogical and gratuitous and I hope that, at the very least, this process will bring some clarity to that issue.
However, we would go much further and, as other noble Lords who have spoken in favour of the amendments have said, require the target to be set now. There is no reason to delay it by two years. It unnecessarily politicises the issue and kicks it out beyond the next election when we have people lining up now to invest in the supply chain.
Baroness Verma
My Lords, I echo the noble Baroness in saying that this has been an excellent debate and, given the strength of arguments on both sides, I really believe that with our reasonable and measured approach to the decarbonisation target range, the Government have got it right. I agree that a decarbonisation target range, set at the right time, could provide further certainty for developing low-carbon energy. That is why, having heard many strong views on the matter, the Government brought these new clauses forward in the other place, which now form Part 1 of the Bill. This will enable us to be the first country in the world to set a clean energy target.
Having said that—and as a number of noble Lords have highlighted and illustrated with great skill—changing the Bill as proposed by these amendments would not be the best way of achieving what I believe are shared goals. I shall expand on this and hope to respond to some of the issues that have been raised today. The issue of when we set a target comes down to what will provide the greatest certainty for investors. The noble Lord, Lord Browne of Madingley, made the point at Second Reading that in his experience as a businessman and an investor:
“The incentive structures contained in the Bill are far more important than targets or aspirations, because they are the mechanism for action”.—[Official Report, 18/6/13; col. 192.]
My noble friend Lord Howell raised that point clearly.
We have recognised that investors need more details. That is why last week we set out additional details about our reforms. We have published some information about contract terms, which go to costs and thus value. We also published strike prices for renewable technologies to encourage investment in wind, tidal wave, biomass and large solar projects. We also confirmed the trajectory of funding for tripling support for low-carbon electricity up to 2020.
Those recent announcements have been welcomed by industry. For example, the CBI’s chief policy director said:
“The energy plans are a big step forward and should unlock the private investment we need to keep the lights on and costs down. The renewables strike price and capacity mechanism will enable investors to take their plans off the drawing board and on to building sites.”
Some of the arguments I have heard about not giving investors certainty are covered by this point: industry itself says that it recognises that it is now being given certainty. Looking beyond 2020, there are already legal targets in place that clarify the future of electricity in this country. There is the 2050 target, which is likely to require electricity to be virtually decarbonised, and there is the fourth carbon budget, which runs up to 2027 and requires the UK to halve emissions in the whole economy.
Baroness Verma
In order to make progress, if the noble Baroness has a question, perhaps I could take it after I finish. To provide further clarity out to 2030, the Government have committed to issuing guidance to National Grid on an indicative range of decarbonisation scenarios for the power sector to 2030, consistent with the least-cost pathway to 2050. Just last month the Government set out an ambitious position for 2030 at a European level, to urge Europe to set a binding emissions reductions target of 50% by 2030 as part of the ambitious global deal—and 40% even if we move unilaterally. Finally on this point, Amendment 4 has an unintended consequence, in that it would prevent targets being set for years beyond 2030.
This brings me to my second point: whether the Bill should provide a power or a duty to set a decarbonisation target range. Of course there is an attraction in saying in the Bill that the Secretary of State must set a target by a certain date, as both the noble Lord, Lord Oxburgh, and my noble friend Lord Stephen propose. However, my honourable friend, the Member for Wealden, Charles Hendry, pointed out in an article on this issue that it does nothing for any Government’s credibility to set out a target before they are in a position to say how they will achieve it. He stated:
“The challenge with a decarbonisation target set now for 2030 is that we cannot yet know how it can be met—or indeed, if it can be met”.
That is the argument that a number of noble Lords have raised today.
Baroness Worthington
My Lords, I would like to ask the Minister about her assertion that there are targets post-2020, citing the fourth carbon budget as one of them. I will just reiterate the point that those budgets are about emissions and take into account flows of emissions using trading. It is not true that they give any certainty at all about what will happen in the UK. What happens in the UK is governed by UK policies, which include the RO and other support mechanisms. After 2020, there is no visibility as to what will happen next. In moving towards the CFDs, we are creating a whole host of uncertainties, whereas under the RO there is a great deal of certainty. I would hope that she could concede that budgets are a completely different issue to the domestic policies that we are talking about today.
Baroness Verma
Of course, the point is that we have to make sure that this happens against the backdrop of what else is going on in the economy. We cannot set targets solely on one part of the economy. That is why we have been very clear that the investment in climate that we have made to 2020 through the levy control framework has already given certainty. We are putting £7.6 billion into low-carbon renewable energies to introduce that certainty to investors. We have already said that National Grid will be given an indicative range of decarbonisation scenarios for the power sector for 2030 consistent with the least-cost approach to the UK’s 2050 carbon budget. The fourth carbon budget will run up to 2027 and requires the UK to halve total emissions in the whole economy. We have set out in the carbon plan the likely implications for the electricity sector.
Lord Oxburgh
My Lords, I thank all those who have taken the time to give us a very interesting and rewarding debate this afternoon. I cannot possibly reply to all the comments that have been made and will refrain from discussing climate change, even though I would like to do so with certain noble Lords—perhaps we will do that in private.
Quite a number of noble Lords have made Second Reading points this afternoon rather than points which relate to this particular amendment. Be that as it may, it is worth commenting on shale gas, which has come up several times. It is worth pointing out that shale gas is about the most expensive gas to exploit that we know about on the face of the earth. You have to use a whole range of technologies which are mostly at the top of, or almost beyond, the range of conventional gas exploitation. The noble Lord, Lord Lawson, is absolutely right when he says—or implies—that gas is the least transportable of the fossil fuels. If you get your shale gas from abroad, you pay a premium of something close to $2 or $3. The real advantage of shale gas is to those who have it themselves and can put it straight into their national grid. If, in due course, we can do that, that will certainly be a help to the national economy. However, I do not see anything in this Bill that actually inhibits the future use of shale gas.
Lord Howell of Guildford
The noble Lord is an enormous expert on this but is he talking about just shale gas itself or about hydraulic fracturing and horizontal drilling technologies? The latter, of course, release all sorts of other resources as well, including oil, tight oil and other forms of offshore gas, which are going to be, by all current assessments and estimates, in very plentiful supply. The whole world will want to sell us this gas.
Lord Oxburgh
I was restricting my comments to shale gas, and in the interests of time I will continue to do so. However, there are other possibilities, as the noble Lord, Lord Howell, suggested.
The consensus view in the industry is that the price of shale gas in America, where there was effectively a bounce downwards associated with transient overproduction, will come back up to something like $7 from the $8 that it was previously. That will reflect the costs of extraction, with a modest premium for those who do it. The broader view is that shale gas will mean that there is more gas to go round. The result of its abundance will probably be that gas prices do not rise nearly as much as they would have done in its absence. However, I do not think that we can look forward to a great price reduction.
A number of noble Lords commented on technology. The first thing to recognise is that in the sorts of technology about which we are talking, the characteristic time between the inspiration of a new technology and its coming into use is about 20 years. That is the timescale in which we have to think of new technologies. There are two technologies that will transform the energy scene in this country and worldwide. The first is cheap and readily applicable carbon capture and storage, which we do not have yet. However, there is a range of possibilities in that area. I suspect that this is what the noble Lord, Lord Dixon-Smith, was referring to in his comments. Cheap carbon capture and storage, applied to gas, would be a transformative change. The other transformative change would be the ability to store energy. That would transform the role of our intermittent renewables, which at the moment have to be managed effectively on the grid.
To pick up a comment made by the noble Lord, Lord Jenkin, the price of energy and its security of supply are fundamental to the community and to the country as a whole. Politically, they are very important. Fundamentally, what the Government’s approach offers is somewhat higher prices than we would have preferred in the short term, but probably much more stable prices—and lower global prices—in the medium and longer term. It is a matter of whether we want jam today or jam tomorrow. The Government have sensibly decided that jam tomorrow is what a responsible Government should work for.
In conclusion, the main argument against our amendment has been Cornford’s principle of unripe time. If we defer this for another two years, we will be having exactly the same argument, with exactly the same reasons for procrastination presented. There is ample scope within the Bill—and, as I pointed out, within the Climate Change Act—for the Government to change. I will draw noble Lords’ attention to Clause 2(1) and (2) of the Bill, which state:
“The following matters must be taken into account by the Secretary of State in setting or amending a decarbonisation target range … scientific knowledge about climate change … technology relevant to the generation and storage of electricity”,
and so on. In other words, the powers to change this are there. For example, if, between 2014 and 2017, new technologies miraculously shot onto the scene—and I believe, for the reasons I have given, that that is very unlikely—it would be possible for the Government to change their position.
In conclusion, I come back to the noble Lord, Lord Jenkin, and one or two others who effectively implied that this amendment was otiose because investors do not care. However, I have learnt, not through a miracle of technology but through a note handed to me during this debate, that the chairman of a £5.5 billion investment fund has said, “I think that this amendment is very important to us”. I beg leave to withdraw the amendment.
Baroness Verma
Baroness Worthington
Baroness Worthington
My Lords, I do not wish to prolong this debate greatly although I am grateful to have this opportunity to speak to this amendment, which raises a different issue from the one we have just debated.
Almost in anticipation that the Government would use the setting of the carbon budgets as a reason not to agree to setting a decarbonisation target, I tabled this amendment to probe the logic of that. I have tried to explain, possibly in vain sadly, that carbon budgets and carbon intensity are not one and the same and should not be linked. However, I feared that I might not succeed in making that point, so tabled this amendment simply to show that the carbon intensity of electricity is a very clear indicator of progress in the implementation of the Bill. Carbon intensity is a value that is currently recorded and reported but, sadly, over the past decade has not fallen. It fell dramatically between 1990 and 2000 when we invested in CCGT gas plants which were more efficient and cleaner. The carbon intensity of power fell from around 950 to around 450 to 500. That was achieved in a decade.
Since then, I am sad to say that both the previous Government and this Government have utterly failed to deliver anything comparable and carbon intensities have been bouncing around pretty much at will, reflecting the global prices of the commodities involved—gas and coal. Last year, we saw almost a record high of 530 grams per kilowatt hour in the UK in 2012. This is just wasteful carbon emissions, I am afraid to say. Had we got a grip and introduced a proper energy policy that took into account the carbon intensity and managed it down, we would not have seen the high carbon burn that we saw last year, which is displacing gas.
Members of the Committee who are fans of gas ought to note that we have a common enemy in coal, particularly coal treated in old stations built 30 or 40 years ago, some of which are now fitted with filtration equipment that knocks their efficiency down even further. There is probably no worse way of generating electricity in terms of carbon emissions, yet there they were base loading all the way through last year, pushing up the carbon intensity to record levels. As I have mentioned previously, that can be addressed. The merit order of existing plants, if it operates optimally, could take 200 grams off overnight without the need to sign any long, expensive and hard to negotiate contracts—if we simply introduce the right policy framework.
The amendment would require budgets to start to be set in 2020, when it would be possible to get emissions to around 200 grams per kilowatt hour with very little in the way of any extra investment. Simply using the investment that is already in the supply chain to meet our 2020 renewables targets, coupled with a change in the merit order, would take us there. Beyond that, we can look at a target in 2025 of around 150 grams per kilowatt hour. Again, there is no great need to invest in lots of new capacity to achieve that. It simply means continuing to invest in renewables on roughly the same scale as we are doing now, seeing the CCS demonstration projects get under way on gas and coal and seeing the biomass conversions. Essentially, this is not a hard trajectory. The point of putting down this amendment is to explain that the pathway from where we are today, with ridiculously high carbon intensity, to where we need to get to in 2030 to reach our legally binding targets cost-efficiently is not difficult. If you want to see the road map or the plan of how to get there, you need only refer to the CCC’s reports on the subject, which contain a huge amount of detail outlining this and explaining how existing kit and existing plant can be used to reach very much lower levels than we have today.
I also mentioned in my previous speech that we already have a carbon floor price. The Government should accept that targets need to be set that justify that policy. It is an incredibly distorting policy, with no environmental benefits. As I have said before, reductions that occur underneath the cap set in Europe are simply traded away. So it is not about carbon. It is meant to be about securing investment in UK plc. If that investment is not forthcoming—if, for whatever reason, the policies in this Energy Bill do not deliver—the public and Parliament have a right to be able to measure that. This is a significant piece of legislation, taking wide-ranging powers. It is matched in its size and significance by the existing carbon floor price. It is only right that we take it upon ourselves to deliver an outcome for these policies. That outcome must be a steady decline in carbon intensity.
Obviously, I would not recommend the setting of a series of targets starting in 2020 and going five years beyond that if I was not confident that we had the policies to deliver on that. If they work, CFDs are the mechanism which the Government hope will be used to achieve this. If the Government have confidence in their Bill and the measures contained in it, they ought to have the confidence to set these targets. Many people have made the point that flexibility is necessary, as we cannot predict the future and should not be technologically specific in our aspirations. I completely agree. I have said before, and will say again, that the market should decide how best to meet these targets. It will do it with much more efficiency than even the best minds in the Treasury can achieve.
I will stop there because I do not want to prolong this debate too much and I am grateful for being able to raise this separate issue. When we go through the Bill, I will speak to amendments concerning the energy performance standard because that is the mechanism within this Bill that could certainly deliver on these decarbonisation targets. Taken as a whole, these targets are actually very sensible: carbon budgets already exist and, knowing that, the Government can set them happily. There is nothing to stop the Government and it is something that should accompany this Bill. Consumers and wider society deserve some accountability for all these powers that we are giving to the Secretary of State.
Baroness Verma
My Lords, Amendment 8 raises questions about when a decarbonisation target range should be set. The noble Baroness has already said that the merit order in which generation is dispatched is a commercial decision, so the Government really should not interfere with that.
However, we are supporting decarbonisation, as the noble Baroness is aware, by making low carbon more attractive with the EMR provisions. When we come to the EMR part of the Bill, this issue will have a much fuller airing. Rather than fettering any future Government, this Government have taken the most important step of putting in place the legislative framework to allow a binding target range to be set in 2016. As I said earlier, it has to be set against a backdrop of a number of things and not taken in isolation. There are two issues that we must address: first, whether the Secretary of State should set future targets after the first target range is set; and, secondly, whether he should set a target range for a date earlier than 2030.
On the first of these issues, I agree with the noble Baroness that there is merit in the Secretary of State having the ability to set targets for years beyond the setting of the first target. After all, we are guided in this debate by the framework provided by the Climate Change Act, which looks out to 2050 and not 2030. I am pleased to say that the Bill already permits future target ranges to be set beyond 2030. On the second issue, I do not think that we should set a target as early as 2020 because we already have a suite of targets and measures that give very clear signals about the pace and trajectory of the power sector up to 2020. A further target at this stage would probably be very unhelpful and not very useful.
In addition, neither the Committee on Climate Change nor industry leaders have been calling for a decarbonisation target earlier than 2030. Their support is for a target that clarifies the long-term trajectory of the electricity sector. I think the noble Baroness accepts that that is a far better forward-looking view than shortening the timescale and adding uncertainty to industry by adding further targets to which it would have to adjust. Industry already has certainty until 2020. The issue about what more is needed, and when, beyond that date was aired fully in the previous debate.
This view was echoed at Second Reading by a number of noble Lords who argued that a decarbonisation target would be a way to provide certainty to investors. I think that I made the point clearly in the previous debate that we need to be able to set it with the fifth carbon budget and while looking at a whole range of other scenarios and mechanisms rather than setting it in isolation. We also need to look at what other countries are doing so that we do not put ourselves at a disadvantage competitively, ensuring that we are among the world leaders in the competitive race. I think it would start hampering industry if we keep adding targets to those it is already meeting. The noble Baroness’s colleague, the noble Lord, Lord Whitty, said:
“Most of the investment decisions that will be contemplated in the next two or three years will relate to a period beyond the current target of 2020”.—[Official Report, 18/6/13; col. 232.]
That provides a brief explanation of the Government’s view that the framework in the Bill is the right one and that it would be inappropriate either to set a target range for as early as 2020 or to set the range for 2030 before the setting of the fifth carbon budget in 2016. On that basis, I hope that the noble Baroness will withdraw her amendment.
Baroness Worthington
My Lords, I thank the noble Baroness for her response. I have to point out that at the moment we have a policy introduced by a Treasury, which is trying to achieve exactly what she said that the Government should not do; namely, to affect the merit order. She said that the merit order is subject to the market and that therefore we cannot do anything about it. Why then have the Government introduced a carbon floor price, if not to influence that merit order? That is exactly what it is designed to do and trying to encourage. Generators will internalise the price of carbon and therefore run their cleanest plant first. Let us be honest, the cheapest way in which we can hit our carbon targets is simply by supply companies switching to a cleaner station rather than a dirtier one. That is the lowest hanging fruit possible, which is why the carbon floor price has been introduced.
I do not think that the carbon floor price is a very good policy. It is not bankable. I know no one who is able to invest on the back of it. In fact, I have heard from suppliers that they are now no longer able to get PPAs for their thermal plant more than two years in advance because of the uncertainty of the carbon floor price. It is a suboptimal policy and it does make me wonder whether the Treasury is happy to throw its fine logic about not going further than Europe and always keeping with the pack out of the window the minute that the revenue starts to flow in. That is clearly what that mechanism is designed for.
It is scandalous that the Chancellor thought that it was insufficiently interesting even to mention it in his Budget, yet it will be raising billions—I repeat, billions—in revenue in the coming years. It has started already. There is a total illogicality here in the Government’s position. On the one hand, we are happy to introduce carbon floor prices and are trying to interfere with the merit order but, on the other hand, we are not prepared to give the consumer—the citizen—the reassurance that this is being done with the purpose of reducing the carbon intensity. That is the simplest, cheapest and most cost-effective way of reducing our carbon and meeting our targets.
I take the point about the 2020 target being quite soon. I put it at 2020 simply to point out that there is this 200 grams of carbon intensity that can be got at overnight. The Government should be spending every effort to try to make sure that that is achieved. I am afraid that the carbon floor price does not achieve that. It simply is not bankable and people do not feel confident to invest on the back of it.
I think that the 2025 target is necessary, partly because the fourth carbon budget which parallels it is subject to a complete lack of clarity. The Secretary of State’s report on setting the fourth carbon budget states quite clearly that the Government intend to make full use of flexibility and that if Europe does not change its targets in the ETS, we will revise that budget upwards. Where is the certainty there? There is none. A decarbonisation target would absolutely provide that certainty for 2025. We would then be in a much stronger position to meet our 2030 targets.
I will, of course, withdraw the amendment but I wonder whether the Minister would indulge me and perhaps ask her officials to consider a 2025 target and the advantages that might deliver. On that basis, I am happy to withdraw the amendment.
Lord Grantchester
Lord Grantchester
My Lords, I will speak also to Amendment 25 in this group. Amendment 12 ensures that, on a decarbonisation order being made, the existing requirement on the Government under Section 5 of the Energy Act 2010 to report on CCS developments every three years is not removed.
The Explanatory Notes state that,
“the repeal of the three yearly progress reporting requirement on decarbonisation and Carbon Capture and Storage contained in section 5 of the Energy Act 2010 … is to remove duplication, since the scope of these reporting requirements is covered by clause 3 of this Bill”.
However, that fails to recognise that under the Bill there is no certainty that there will be any reporting on CCS. Repealing the triennial reporting on both but bringing in requirements only on decarbonisation means that in effect there will be no reporting on CCS. This would be very unsatisfactory. Section 5(1)(a) maintains reporting on CCS.
The first and latest report on CCS was made in 2012. It is a very useful document which outlines the components of the Government’s CCS road map and the funding of research and development initiatives, including pilot projects. It outlines the development of the UK’s storage atlas, identifying nearly 600 storage sites across the UK. The report also puts into context UK action to support CCS by comparison with initiatives in other countries; for example, the US has two commercial-scale projects already under construction, with commencement of operation scheduled for 2014.
CCS is a hugely important technology for the decarbonisation of energy. My noble friend Lord Whitty has already mentioned EU Sub-Committee D. Its report emphasised the critical need for technologically and commercially viable CCS to be fitted to new coal-fired power stations in order to hit our carbon savings trajectory by 2050. While there has been slow progress at EU and UK level, the UK could yet achieve leadership through successful pilots, adequate resources and a clear regulatory framework. We have some of the best storage capacity in Europe. We have decades of offshore engineering experience that can be applied to this new sector.
Progress has certainly been unnecessarily slow. The introduction of contracts for difference in this Bill, together with the £1 billion made available to support demonstration projects, is intended to move things forward in the UK. We expect significant progress to be made in the coming years and regular reports on progress are therefore necessary. Future reports should continue to expand assessments of developments in other countries, including policy developments in the EU and projects under way elsewhere, such as in China, so that lessons can be learnt and our own strategy informed by the latest advances in other countries.
It is vital that Parliament is kept abreast of these CCS developments and we see no reason why the passing of the Energy Bill in 2013 should remove this useful requirement to report.
Amendment 25 would make the annual requirement follow the enactment of the Bill rather than as stated in Clause 3(3). The Energy Bill is intended to deliver a big increase in investment in low-carbon electricity in the UK. The measure of its success will be the rate of reduction of carbon intensity of electricity over time. This Committee has already debated the setting of targets for carbon intensity that are intended to give investors confidence by requiring that the Government maintain policies beyond 2020 to decarbonise electricity. However, we should not forget that there is a near-term challenge significantly to reduce carbon intensity in the UK as soon as possible.
As my noble friend Lady Worthington has pointed out already, there is significant potential to reduce carbon intensity simply by acting to ensure the merit order of existing plant is optimised. Unfortunately, a combination of low coal prices and high gas prices has led in recent years to a significant increase in carbon intensity. Between 2011 and 2012, carbon intensity rose from 450 grams per kilowatt hour to 530 grams per kilowatt hour as coal plants that would normally provide load-following capacity began to baseload.
Recent closures of plant due to sulphur restrictions under the large combustion plant directive should help to reverse this unfortunate trend. However, if we are serious about managing our carbon emissions and proceeding on a cost-effective path to our legally binding targets, we need a policy framework that rewards plant that are the cleanest and most efficient and that penalises the most polluting. Only then will the merit order be such that we are achieving our goals at least cost—knocking more than 200 grams off our carbon intensity without the need to subsidise any new plant at all.
The Government must not treat the carbon intensity of our electricity as an afterthought. It is one of the most important measures of progress and is how we can judge the success, or otherwise, of the Bill. The Minister may point to the annual reports contained in the Digest of UK Energy Statistics as a reason for not introducing annual reporting. However, this is a lengthy document, not intended for a parliamentary audience and, indeed, not even laid before Parliament. The triennial report produced in 2012 is a much more concise and useful document. It should be made an annual report, and this amendment seeks to deliver that.
While we are on the subject of the reporting of carbon intensity, does the Minister agree that, in the future, there will be demand for much more frequent reporting than annually? As the mix of electricity changes to contain more varying forms of power—from wind, wave and sun—there will be times of the year and times of the day when supply is high and prices will fall and also times when the opposite is true. Reporting the carbon intensity of electricity in real time will enable customers to see when it makes most sense, environmentally and economically, to use electricity. Reporting in real time would enable the development of tariffs that allow customers with flexible demand to profit from moving their demand to times when electricity is cheapest. The development of electricity storage solutions would also be facilitated as a business model, whereby demand is absorbed during times of high low-carbon supply and delivered back to the grid at times of low supply.
At the moment there are a number of applications that purport to report the real-time carbon intensity—GridCarbon and Realtimecarbon being just two. However, it is not clear whether these applications, which take data from the national grid and use them to calculate the carbon intensity of all the plant delivering electricity to the transmission, are accurate. A considerable volume of renewable generation—several gigawatts—is connected directly to the distribution network and may not be being captured by these grid-based applications.
It is time that the Government took a lead in developing a gold-standard methodology for providing this information and I would be grateful if the Minister could comment on whether her department can undertake this important task. I beg to move.
Lord Deben
My Lords, perhaps I might counsel the Minister to be very careful about accepting these amendments. They seem to confuse a range of different things. They also demand a degree of reporting that might get in the way of the action that I hope will be carried through. The reporting system we have at the moment was designed by Parliament. It stipulates that there should be reports from outside the ministry on the ministry’s and the Government’s performance. If there are areas where it is not done properly, I, as chairman of the climate change committee, would want to know that, in order to see whether we should produce reports in areas that we do not cover at the moment.
I am very concerned about the current desire to report so often as we go along that we do not actually do things. I see this throughout government. We have to be extremely careful. There are two kinds of issue here. The idea that we should have reporting more often than once a year, and that we should have real-time reporting, are issues of such concern that it would perhaps be better if we did not proceed down that route during consideration of the Bill, where there are many decisions to be made on specifics.
I am also unhappy about the proposed constant series of carbon intensity targets. That would be a totally different way of looking at the matter from the suggestion that we needed an interim target to give some kind of parameter and scale to what we are looking at. If we are going to start tying people down to very much closer targets, it will raise issues that go much further than the Bill, towards the way in which government and industry interrelate. I hope that on this occasion the Minister will feel that this is something that should be thought about more carefully before we take on board what is proposed.
Lord Oxburgh
My Lords, I will not take up much time. The noble Lord, Lord Deben, may be right that this level of reporting may be a little excessive at this stage. However, it is important that the Government should recognise, if they take seriously the 2050 decarbonisation target, that it is almost certainly unachievable without CCS. That is a crucial technology if the target is to be achieved.
Baroness Verma
My Lords, on Amendment 12, Clause 1(8) gives the Government the power to repeal the reporting requirements in Section 5 of the Energy Act 2010 only if and when the power to set a target range is exercised. If the power is exercised, Section 5 in its entirety could be repealed. Section 5(1)(b) of the 2010 Act requires the Secretary of State to report on the development and use of carbon capture and storage technology. If it was decided to repeal Section 5, we would expect any progress on carbon capture and storage to be included in the annual statement on the decarbonisation of the electricity sector as a whole. This would occur under the requirements of Clause 3.
The power to repeal Section 5 of the 2010 Act has intentionally been framed as a power. It reflects the need to leave open any decision in this respect, as we will be better placed to take the view at the time of making a decarbonisation order because of the greater level of information that will be available. For example, we could expect good progress to be made between now and the making the first decarbonisation order, which will further develop our understanding of carbon capture and storage, and of its future prospects for deployment. If in due course there are reasons to believe that retaining the duty in Section 5(1)(b) of the 2010 Act is appropriate, of course those reasons will be borne in mind when we consider whether to exercise the power to repeal Section 5.
Amendment 25 proposes that the reporting of grid carbon intensity should commence following enactment. The Government’s view is that it is logical for the annual reporting of grid carbon intensity to be triggered by the setting of a decarbonisation target range. Until such point as this is set in a decarbonisation order, the three-yearly reporting requirement under Section 5 of the Energy Act 2010 will remain, meaning that the Government will continue to report on grid intensity, even ahead of a decarbonisation target range being set.
The noble Lord touched on consumers getting real-time information on energy usage. He will, of course, be aware that the Government are working on the smart meter mass rollout, which will be completed by 2020. Consumers will have an opportunity to have real-time information on their energy consumption, helping them to control energy use, save money and reduce emissions.
Lord Oxburgh
I want to rectify an omission from my previous intervention. I should have declared a non-financial interest, as president of the Carbon Capture and Storage Association.
Lord Grantchester
My Lords, it has been interesting to hear the comments around the Committee this afternoon. I am interested in the words of the noble Lords, Lord Deben and Lord Oxburgh, on the subject. CCS is a very young technology and reporting does not necessarily mean that it will stop things happening. If we do not start monitoring this new activity, how will it inform and clarify actions? I am slightly hesitant to accept some of the Committee’s comments, but, nevertheless, the Minister gave a rather technical response to some of the issues. In large measure, she gave an explanation about supporting how reporting may change. I shall study her words in greater detail, reflect on the Committee’s comments and in the mean time, I beg leave to withdraw this amendment.
Baroness Verma
The Earl of Caithness
May I check with my noble friend that the inclusion of the words “the Department of Enterprise, Trade and Investment” is solely because of the connection with Northern Ireland? It looks a little odd to have two devolved Ministers of Scotland and Wales and a government department.
Baroness Verma
My noble friend has raised the point about Northern Ireland. The relevant department in Northern Ireland responsible for energy policy is the Department of Enterprise, Trade and Investment. I cannot read the rest of that note, I am afraid.
Baroness Maddock
“( ) ensuring that any impact is consistent with the current aims of the Warm Homes and Energy Conservation Act 2000 by prioritising efficiency standards of fuel poor households by certain dates;”
Baroness Maddock
My Lords, this amendment is in my name and that of my noble friend Lord Teverson. I, too, welcome this decarbonisation section of the Bill. I strongly support the comments of my noble friend Lord Stephen. I also need to declare interests, as I did at Second Reading. I am president of the microgeneration group of the Micropower Council. I am also the vice-president of National Energy Action. In my Second Reading speech I mentioned the fact that we deal with fuel poverty, and that this was one of the issues I wished to deal with during this Bill: hence the amendment.
The other amendment that deals with this is Amendment 23. Both the noble Baroness and myself, in moving these amendments, have tried to find somewhere in the Bill where we can hang fuel poverty, so that we can get the Minister to show some recognition that it will affect people in fuel poverty and that we still need to do things to address that.
In this section, Clause 2 sets out the matters that must be taken into account in setting or amending a decarbonisation target range. Clause 2(2)(e) refers to social circumstances, in particular the likely impact on fuel poverty. My amendment seeks to link this to the aims of the Warm Homes and Energy Conservation Act 2000. The purpose of the amendment is to ensure that there is recognition of the scale of the impacts of the Bill on fuel-poor households, both now and in future Parliaments, and to facilitate the introduction of suitable, ambitious, mitigating policies.
I have probably strayed slightly into another section of the Bill, but it is difficult not to do so on this issue. Electricity market reform and the introduction of the carbon floor price will impose new and as yet unknown costs on low-income and vulnerable households. The noble Lords, Lord Deben and Lord Jenkin, in their earlier comments, tried to put some figures on what they thought might happen to bills as a result of some of the measures here, but we can only estimate what the effects will be. The Warm Front programme, which provided public funding for heating and insulation measures, to help fuel-poor households, came to an end in March this year, and its replacement, the warm home discount, is paid for by all energy consumers, including low-income households, some of which cannot benefit from the scheme. Interestingly, Scotland, Wales and Northern Ireland have continued, and in some cases expanded, their tax-funded energy schemes to help fuel-poor households.
With help for fuel-poor households falling, and the proposals in the Bill and elsewhere, there is little sign of bills reducing between now and 2016, the date by which fuel poverty should have been eradicated as far as is reasonably practicable. The consumer will almost certainly pay more in the short to medium term, but the Government are committed to meeting other relevant binding commitments, in particular the current aims of the Warm Homes and Energy Conservation Act 2000.
This is really a probing amendment to see where the Government think they can assist those in fuel poverty while at the same time introducing the measures in the Bill. I hope that the Minister will acknowledge the impact of proposals in this Bill on low-income and vulnerable households, and will indicate how some of the effects can be mitigated, particularly by prioritising the energy efficiency standards of fuel-poor households, and of course by keeping the Bill in line with other legislative commitments. I hope that the Minister will recognise that the Committee on Climate Change highlighted this need just last week in its fifth progress report to government.
This is a short intervention that I hope will give the Minister the opportunity to tell us how the Government view vulnerable customers, and how this Bill will affect people in fuel poverty. It may be that we will look rather more carefully at this on Report, depending on what the Minister has to say in reply. I beg to move.
Lord O'Neill of Clackmannan
I rise to support my fellow vice-president of National Energy Action. I should perhaps have mentioned that before, because I touched on fuel poverty in a previous intervention and did not declare my interest.
It is important that this issue is brought to the attention of Ministers at this stage, because I think that it is fair to say that the Green Deal has not been a great success so far. It may well be transformed over the summer, but, as far as improving the quality of energy-inefficient households is concerned, it has yet to make the impact that some of us were not sure about but others had perhaps undue faith in. None the less, it is at the moment the only government-led initiative on energy efficiency and it ought to have an impact on those households where the quality of the fabric of the house is a major contributor to what we call fuel poverty. Fuel poverty is currently defined as households in which more than 10% of the income is accounted for by energy prices. This may be subject to redefinition in the next few months, but, even if the definition were radically changed, I do not think that fuel poverty would disappear before 2016.
Much has quite correctly been made of the fact that all households will be paying for a lot of the green measures being taken. These green measures fall on electricity consumption. At the moment, some 8 million of the 26 million or 27 million households in the United Kingdom do not have gas. That means that, for the purposes of heating, they are dependent in the main either on electricity or on oil. They therefore pay a disproportionate amount of their energy costs in supporting these so-called green measures. We should give notice to the Minister that this will be a recurring theme, because households that are outwith the gas grid are disadvantaged at the moment. Those households are doubly disadvantaged because they have to pay what seems to be a disproportionate amount of money as far as electricity is concerned. This has been mitigated somewhat. At one time, there was an almost poll tax-style arrangement whereby every household paid the same amount; it is now going to be measured on consumption of units of electricity, so that is a slight improvement. However, there is a long way to go on this.
Those of us who are not antagonistic to this legislation—we may be in the Opposition, but we realise that many aspects of it are necessary for a variety of reasons—will nevertheless not look idly or sympathetically at it if it fails to address a number of glaring examples of bureaucratic mistakes and unintended consequences. We spoke earlier today about the need for investment. There will be a series of leitmotifs at the back of this legislation. One of those will be the disadvantage to which certain types of household are put, through no fault of their own, as a result of having to pay a disproportionate amount of money to fund a lot of the green initiatives involved in this legislation. Sometimes, such disadvantages are a consequence of previous legislation, but we need to keep this at the forefront of our minds.
I realise that, at this stage at least, this is a probing amendment. Aneurin Bevan once said that silent pain evokes no response. We have to remain mindful of the fact that a number of households in this country are suffering a great deal because of energy prices that have been rising, which are likely to rise even more and which, at present, we are not confident will get the kind of mitigation that we had hoped would come from the Green Deal because of the low take-up and the almost total indifference to it of the private landlord. Of all the disadvantaged groups, those in privately rented accommodation seem to get the roughest end of every stick directed at them.
Baroness Liddell of Coatdyke
My Lords, I will be brief because a lot of what needed to be said in this debate has been said by the noble Baroness, Lady Maddock, and my noble friend Lord O’Neill. However, at some stage we need to focus on fuel poverty issues. I declare an interest as a non-executive director of the Offshore Renewable Energy Catapult. I am very conscious that the change in the structure of the market proposed in this legislation is complex. I echo the words of the noble Lord, Lord Oxburgh, who said that the model is complex and relatively expensive. With my commitment to renewal energy, I know that we are talking in many respects of infant industries and that there will be additional costs. I have no doubt that in the long run we will see energy prices come down, not least through the introduction of nuclear energy, but, frankly, in the long run we are all dead. We need to try to find something now to mitigate the impact on the fuel poor of the possible side effects of this legislation.
As regards change in the energy markets, as a policy-maker I have always felt that no change is a change for the better if it means that someone else is worse off—the old concept of Pareto optimality that some of us who are in our prime will remember. Under this legislation there is a real risk that the most vulnerable will be worse off. The Government’s own figures estimate that 4 million people in England are fuel poor. Many of those are particularly vulnerable and are also affected by, for example, the bedroom tax and stringency in local authority budgets. They are the people who can least afford to have these increased costs placed upon them.
The Bill is about market manipulation. I do not have a problem with that. If you are to change the nature of an industry, you need to manipulate the market. What I am pleading for—I will return to this at a later stage—is that, in manipulating the market, we seek to mitigate some of its worst effects on the most vulnerable. I seek to put another weapon in the armoury of the Secretary of State so that he or she will be in a position in the future to draw upon instruments that will mitigate the impact on the fuel poor.
There has always been a consensus in this Parliament, certainly in the years that I have been here and certainly since 2000, on the need to act to protect the fuel poor. In a building such as this which is well heated and where we are well fed and looked after, we may not realise the impact that the inability to turn on a heater has if your house is cold and damp. In Coatdyke, where I and my title come from, people are issued with hypothermia meters for their houses to make sure that they do not suffer from hypothermia. I acknowledge that this provision does not directly relate to that part of the country, but whether you come from the north of Scotland, the Yorkshire dales, Derbyshire or wherever, it is a damning indictment of our society that poor people have to choose between putting on their heating or feeding themselves. That is a choice none of us should have to make in a civilised society. In 2000, we set targets that should be reached by 2015. The most recent work by the NEA suggests that we are going backwards. That is not a good position in which to be.
I urge the Minister to bear in mind the significance of fuel poverty and to give us some indication of whether the Government are looking at mitigating factors. I take the point about the Green Deal. As I pointed out at Second Reading, you need money to get into it. If you do not have money, you cannot buy into the Green Deal and get assistance, for example, to protect or heat your home, or to ensure that it is properly insulated.
This is a probing amendment. I will not seek to engage the Committee much longer. However, if we come to the end of the Bill and we have not done something about the poorest in our society, we will have let them down.
Lord Deben
The climate change committee raised some very important issues about fuel poverty. We have a commitment to do that. My noble friend Lady Maddock pointed to it. Has the Minister had a chance to register our concerns? They are specific and bear on the way in which the Green Deal is operating. It is important for us to take that into account. I hope that she will be able to help me here.
I am always concerned about the expression, “fuel poverty”. When I was chairman of a statutory water company—I am still chairman of a water company that has interests in the industrial area—I was very concerned about the poverty that meant that people found it difficult to pay their water bills. There is an issue around these fundamental necessities of life. I do not like to put it all to one side. I have stopped myself having anything to do with one part of a business that connects electricity of any kind—it is agnostic about the sort of electricity—but I try to keep in touch with the same issue that we knew in the water industry as it relates to the supply of fuel. There is an issue about some forms of help that we thought would be more extensive: for example, solid-wall insulation, which is a real problem in some of the poorest parts of the country. I very much hope that my noble friend will be able to say when she will look again at the effects of government policy in the particular areas to which the climate change committee drew attention.
Lord Teverson
My Lords, I put my name to the amendment of my noble friend Lady Maddock. In three areas of the draft Bill there were major omissions—omissions as opposed to emissions. One such area, which we will probably come to on day 7, 8 or 9, is demand-side management. We have started to discuss decarbonisation. The Government have started to rectify both those omissions. The third area is fuel poverty. I will not go through the arguments again. As the noble Baroness, Lady Liddell, said, 4.5 million people are affected. The figure is slightly lower than the previous year for which statistics are available, but it is still atrocious for a civilised society that expects a certain standard of living and of life for its citizens.
The other area, which is slightly more contentious, is the excess number of winter deaths. The figure for the winter before last is estimated at 24,000. That is an even greater indicator of a failure of policy, and a failure to look after the citizens of this country. As the noble Lord, Lord O’Neill, said, the Green Deal is absolutely the right instrument, but it is taking time. I can see that the noble Lord is looking sceptically at me. However, the Green Deal will not rely on national budgets if we can make it work. It will be primarily privately financed and self-funding, so at the end of the day political decisions will be taken out of it. However, it still has to prove itself.
One area of the Bill that has to be strengthened—I am aware that this is a probing amendment—is the fuel poverty agenda. It is mentioned in this one line. This amendment would strengthen it. But the Government have to take this back, not just to the Department of Energy and Climate Change but to other departments, and really try to balance this change in legislation within a context of rising energy prices. I believe that it will bring down those rising energy prices in the future, but they are certainly going to be there in the short term. As has been said, rightly, they discriminate against those who are stuck with a completely electric household in terms of heating.
I look forward to hearing from my noble friend the Minister how the Government want to approach this as the Bill proceeds through the House. I hope that we can find a way in which this can be taken into account when this Bill goes on to the statute book.
Lord Oxburgh
My Lords, I, too, am extremely sympathetic to the objective of this amendment. But perhaps I am alone in not really seeing why fuel poverty is different from other kinds of poverty. For example, why do the Government not put one point on the rate of VAT on fuel and simply direct the proceeds towards dealing with fuel poverty as part of the general poverty issue?
The difficulty here is that we already have a complex Bill and a complex situation, and we are making it even more complicated if we try to solve a real and very important social problem at the same time. Unless there is something that I have not seen about this, I would much prefer to see this dealt with directly.
Lord Whitty
My Lords, we on these Benches strongly advise the Government to accept something like this wording in this part of the Bill and to reflect on what has been said. Some greater reference to fuel poverty needs to appear at some point in the Bill, probably in Part 6, which deals with tariffs. I certainly will be coming back to it in that respect.
If memory serves, the noble Baroness, Lady Maddock, was one of the progenitors of the warm homes Bill. She says that Ministers should consider this amendment, which they absolutely should, and my noble friend Lady Liddell says if they find something is going wrong, they should do something about it. Again, if memory serves, my noble friend Lady Liddell and I were the two Ministers who signed off on the original fuel poverty strategy in 1999, and we did very well on it for about six years.
However, since about 2005, fuel poverty has been increasing by almost any measure. That was not due simply to the fact that I had left the Government and my noble friend Lady Liddell had disappeared to the Antipodes temporarily but that real fuel prices were going up and the effectiveness of interventions on the energy efficiency side were diminishing. As the noble Baroness, Lady Maddock, said, not only is the ending of Warm Front, CERT and CESP affecting the total resources available on fuel poverty but at the moment the ECO, which was supposed to replace them, is not being spent efficiently. It may improve, but the unit price of interventions is going up, supply companies are seriously concerned about the cost of meeting their ECO requirements, companies in the installation business are running out of work, installers and insulators are being laid off, and for many others who are currently working on the back end of the previous programmes, that work is going to run out within a matter of months or weeks.
We have a very difficult situation, which the Government need to address. I agree with the noble Lord, Lord Oxburgh, that it cannot be addressed directly in this Bill but at least when we are talking about the multiple objectives of energy policy, one of them must be the social objective of reducing fuel poverty. I hope, therefore, that the Government can accept something like the wording proposed here and we could perhaps look at the back end of this Bill to try to do something very substantial about fuel poverty. It is an appalling record for both the previous Government and this Government that we have failed to address this problem, which affects the most vulnerable of our citizens. I hope to get a positive response from the Minister.
Baroness Verma
My Lords, I agree that fuel poverty is a real and serious problem faced by many households today. It is one that this Government are determined to address. The intention of Amendments 15 and 23 is to require the Government to consider the impact on the fuel poor of setting a decarbonisation target and provide for mitigating action to offset any consequential impact. We have already taken significant action and I disagree with the noble Lord, Lord Whitty, when he says that ECO is not working. It is early days. ECO works alongside the Green Deal and ensures that help goes to low-income and vulnerable households to enable them to heat their homes more affordably. Energy efficiency measures have already helped 75,000 households this year. It is a long-term programme and, as with all programmes that are implemented over a long period of time, the results are going to be a lot slower than perhaps one anticipates. However, that is because there are a number of processes that people have to go through.
As part of the spending round, last week’s government spending review announced an increased budget of £320 million for the warm home discount in 2015-16, which I hope makes clear our commitment to continuing action to tackle fuel poverty. The warm home discount reaches 2 million households a year, including more than 1 million of the poorest pensioners. It offers direct support when and where it is needed the most. So we are already taking considerable action.
Fuel poverty is already covered, in part, by Clause 2(2)(e), which requires the likely impact on fuel poverty to be taken into account. However, I am sympathetic to the concern expressed by my noble friend Lady Maddock and the noble Baroness, Lady Liddell, that we must not lose sight of the impact on the fuel poor as we seek to ensure we have a safe, secure, low-carbon future. There are issues with the suggested amendments as drafted which mean I cannot accept them. However, I undertake to consider this issue further and hope, on that basis, that my noble friend Lady Maddock will agree to withdraw her amendment and that the noble Baroness, Lady Liddell, will not press hers when the time comes.
Baroness Maddock
My Lords, I thank the Minister for her reply and thank all noble Lords who joined in this short debate. I tried to keep my remarks fairly brief to begin with because I was conscious of the time but was very grateful that noble Lords who joined in all brought in really important points to make the case that I was trying to make. I am also grateful to the noble Baroness for indicating that, as we go through the Bill, we may be able to have something a little more definite.
What really concerned me was that we have all sorts of legislation around the area of energy and energy efficiency and I wanted to make sure that we are joining things up. That is why I mentioned the Warm Homes and Energy Conservation Act. The Government have obligations under that to do certain things, and those obligations will be affected by what is in this Bill. We need to be quite clear on how we are going to deal with it. As I and other noble Lords have indicated, some of the schemes that brought quite a bit of help to those with homes that were not energy efficient have changed.
In the light of where we are going in the future and in the light of this Bill, we need to be conscious of joined-up government, with particular regard to vulnerable people. In this case, of course, I am concerned with those who are vulnerable—one Member said they were not comfortable with the expression “fuel poverty”—in the sense that they cannot afford to keep their homes warm. As I said at Second Reading, it is something I have campaigned on for 40 years, and I am always disappointed. The NEA, the charity that champions the cause of the fuel poor, hoped when it was set up that it would not still be going 25 years later and that we could have done something about it. I hope that, at least in this legislation, we can recognise that we have not done too well and that we have to have regard to it. I look forward to what the Minister may come forward with at a later stage but, in the mean time, beg leave to withdraw the amendment.
Baroness Verma
Lord Turnbull
“( ) the extent to which competitor nations are committed to and are implementing carbon reduction strategies;”
Lord Turnbull
My Lords, I beg to move Amendment 18, which is related to Amendment 19. I expect the noble Viscount, Lord Ridley, will speak to the other amendments in this group, which I also support. Climate change can be thought of at three levels. First, level 1: do you accept the orthodox view of the relationship between CO2 and temperature? Secondly, level 2: do you accept what we are told about the impact of any given temperature increase on the planet? Thirdly, level 3: supposing you accept levels 1 and 2, do you believe that the right set of responses is being proposed in the right order? In other words you can buy in completely, as I think the noble Lord, Lord Jenkin, does, to levels 1 and 2 but remain largely a level 3 sceptic, which is where I started. Levels 1 and 2 are really about Second Reading things, which we probably have discussed enough, so we will concentrate on the responses in the Bill.
These amendments highlight two concerns about these policy responses. The first is the pronounced unilateralism of the UK’s approach, based on a statutory duty to reduce carbon intensity of economy, which is equivalent to reducing CO2 per unit of GDP by more than 90% in just over 40 years. The second is the issue in the amendment in the name of the noble Viscount, Lord Ridley, as to whether some of technologies are all that they are claimed to be in terms of cost CO2 per tonne abated.
Six years ago during the passage of the Climate Change Bill, I expressed some concerns about the Government’s approach. I said:
“First, the target set for 2050 appears to be largely unconditional and unilateral. The UK will commit itself to this target irrespective of the performance of other nations. The reality, however, is that our own contribution by 2050 is unlikely to be crucial, so we are”—
relying—
“on the exemplary effect: in other words, we cannot carry conviction in international debate if we do not carry our full share of the burden. There is genuine validity in this, but we should not be naïve and rely on it too heavily. If we fail to persuade other nations, we could be left in 40 years’ time having paid heavily to decarbonise … and still incurring the costs of rebuilding our sea defences and water resources. The Bill should therefore contain a duty to work actively internationally for more demanding targets”.—[Official Report, 27/11/07; col. 1156.]
To be fair, Her Majesty’s Government worked actively for an international agreement with demanding targets but the landscape has changed because their efforts were unsuccessful. The Kyoto accord has expired and has not been replaced. Negotiations continue but a global agreement is looking more and more forlorn. In my view, China and India will never agree to binding limits on their emissions while they have hundreds of millions of their citizens yet to be lifted put of poverty. Although China aims to reduce the carbon intensity of its output, its growth is so fast that its emissions will continue to rise for many years, as was made clear by its negotiator at Doha. Between them, India and China are planning some 800 new coal stations. Without these two countries, the US will never join, although it is doing very well at reducing its emissions on its own. Canada has opted out of this process and Russia, which signed up last time, will not join a second time.
Even among those which did sign up, the sound of backtracking is becoming a roar as economic realities begin to bite and the case for such rapid adjustment is questioned. Subsidies for renewables are being cut back sharply in Germany and Spain. Germany has held up new targets on vehicle emissions and the EU specifically declined the opportunity to shore up the failing ETS.
Fortunately, the penny has begun to drop in some parts of the coalition. In 2011, in his Autumn Statement, the Chancellor of the Exchequer said:
“We are not going to save the planet by shutting down our steel mills, aluminium smelters and paper manufacturers. All we will be doing is exporting valuable jobs”—
out of Britain, and that,
“we should not price British businesses out of the world economy. If we burden them with … social and environmental goals, however worthy in their own right, not only will we not achieve those goals, but the businesses will fail, jobs will be lost, and our country will be poorer”.—[Official Report, Commons, 29/11/11; col. 807.]
I could not put it better myself.
In his 2012 Budget the Chancellor said:
“I will always be alert to the costs that we are asking families and businesses to bear”.—[Official Report, Commons, 21/3/12; col. 798.]
One can detect some backtracking here in the UK, such as reining in overgenerous feed-in tariffs and the refusal to set a 2030 target, which we have just discussed—although the Liberal Democrat end of the pushmi-pullyu is still driving on regardless.
Perhaps the best example—after the noble Lord, Lord Jenkin—of the level 3 sceptic is Professor Dieter Helm. In an article last October headed “UK Energy Bill is Fiasco in the Making,” he wrote:
“The result is that the government instead is picking its chosen ‘winners’ amongst the low carbon technologies, in part driven by the EU Renewables Directive. This has resulted in some of the most expensive technologies being picked first, notably offshore wind and roof top solar. Not only does this result in far higher bills than are necessary to British customers, but it makes almost no difference to global warming”.
In March this year DECC produced a paper on the extra costs of energy and climate change policies, which I commend to you. The table on page 53 shows that a large user, who consumes some gas and some electricity, faces additional costs of 21% to 48% by 2030. If other countries do not follow similar policies with the same zeal, the results will be very damaging for the UK. The purpose of this amendment is to address the unilateralist problem explicitly so that we can put an end to this attention-seeking and self-harming behaviour. In the matters to be taken into account in Clause 2(2), I suggest that the vague,
“circumstances at European and international level”,
be replaced by a reference to the extent to which competitors really are reducing carbon emissions.
The next amendment would require the Secretary of State to report on what he has discovered on all these “take into account” items before moving on to lay a decarbonisation order. These issues will not go away and I look forward to the Minister responding to them and explaining how we can have information that would enable us to judge our true relative position.
Lord O'Neill of Clackmannan
For the convenience of the Committee, would the noble Lord tell us for how much longer we will go on this evening? I was under the impression that we would finish at 7.30 pm, but we also had a target number of clauses to reach. The target is still some distance away and we are now well past 7.30 pm. Could we have some indication of what is happening?
Lord Gardiner of Kimble
My Lords, that is the estimated rising time and we agreed with the opposition Whip that we would continue with this last group because we are behind schedule in terms of the clause target. This is the last group that the Committee will consider today.
Viscount Ridley
My Lords, I support Amendments 18 and 19 from the noble Lord, Lord Turnbull, but I will mainly address my remarks to Amendment 20. I declare my interests as detailed in the register, which include not just coal, but also wood, which I shall criticise. The purpose of Amendment 20 is simple and I hope helpful to the Minister. It is to check that we do not buy the wrong technologies. The only reason for investing in wind is to cut carbon emissions. After last week’s strike price announcement, it cannot be to cut electricity bills. If one were to assume that every megawatt hour from wind displaces one from coal, the cost of carbon reduction from wind will still be exceedingly high—well over £100 a tonne.
However, can we even make this assumption? There is now good evidence from other parts of the world that wind does not achieve anything close to the emissions cuts assumed by the Government. National Grid recently announced that wind power had saved 11 million tonnes of CO2 emissions here over 18 months and little back-up fossil fuel was burned to compensate for the intermittency of wind. Even if this were true, it is just 1.5% of our emissions, but it is a most misleading calculation. It assumes that the only fossil fuel needed to back up wind was that needed to compensate for the discrepancy between forecast wind speed and actual wind speed. That is only half the story.
For a more realistic result we must take into account studies in Colorado, Texas, Illinois, Holland and Australia, all of which show far smaller CO2 savings than expected. More recently, I understand that another study soon to be published, from Ireland, finds that the actual savings of CO2 due to wind turbines are less than half of those assumed by the National Grid, DECC and others. The intermittency of wind results in more start-ups and shutdowns of gas plants, which uses fuel less efficiently and so produces more CO2. This problem is bound to get worse in the future because, as wind capacity increases, it has to be backed up by plants that are less good at starting up and shutting down.
Lord Flight
My Lords, Amendment 21 is in my name. I apologise that I was unable to attend Second Reading. This is an empowering amendment to address an issue that could be of benefit to government going forward. As many noble Lords may be aware, an economically viable and clean fuel solution for HGV fleet operators has been pioneered by a company called Gasrec, and is now being followed by others. I should make it clear that I have no interests to declare, and gain no remuneration from these sources.
The new fuel is bio-LNG, which is an alternative to diesel. It is gaining significant support in the logistics sector, with Tesco, Sainsbury’s, Waitrose, UPS, DHL, B&Q and Eddie Stobart all participating. It is a blend of liquefied biomethane and liquid natural gas, and it is cheaper than diesel. It is also sustainable and fully compliant with the sustainability criteria for biofuels, as per the EU renewable energy directive 2009. It has the lowest carbon intensity of any vehicle fuel and, so far, the LBM in the blend remains the only way to address CO2 emissions in HGVs. It is therefore rather concerning that the delivery of bio-LNG production is currently undermined by the UK subsidy system.
As noble Lords will be aware, over the past 10 years the incentive schemes for bioenergy have offered different levels of incentive, depending on end use. Bio-LNG has been available only for the past 18 months, and its feedstock for production—biogas from large anaerobic digestion plants—is likely to be diverted by the terms of the existing renewable heat incentive regime away from bio-LNG to renewable energy and heat, for which of course there are many alternative renewable energy sources.
The RHI regulations adopted in 2001 create a system of incentives designed to promote renewable heat, including in particular the injection of biomethane into the gas grid. The threat to bio-LNG production arises from the current higher incentives for developers of large AD plants to inject biomethane straight into the gas grid. The RHI is set at 7.1p per kilowatt hour for direct injection, with no reduction for larger AD plants benefiting from economies of scale, compared with only 2.18p per kilowatt hour for LNG production.
The effect of these incentives is to encourage large operators to plunder the RHI pot for super-profits, somewhat reminiscent of solar FIT tariffs back in 2011, at the expense of smaller AD developers and farmers, for whom the RHI funds were particularly intended, and the loss of biogas from larger AD plants that are ideal for the production of LBM and thus bio-LNG fuel because of their scale. It is not practical or economical to source an aggregate biomethane from small AD developers for bio-LNG because of the logistical problems with collection. It is thus impossible for producers of bio-LNG to offer large AD developers financial super-returns, which are presently available from direct grid injection as a result of the subsidy regime.
The 2001 regulations notified by the Government to the European Commission under Articles 107 and 108 of the Treaty on the Functioning of the European Union, covering state aid, were amended in 2012 and final approval was given this year. However, development of bio-LNG was not contemplated at the inception of the RHI programme. The Commission was not aware of the distortion of competition that subsidies would lead to in the market for AD biogas, particularly regarding large producers, or of the super-returns large AD developers would enjoy for grid injection at the expense of the taxpayer and smaller developers, for whom the subsidy was essentially designed and approved by the Commission.
The distortions are now clear and ought to be notified to the European Commission but there is a better solution for the Government to address the distortions of competition, which normally would necessitate further secondary legislation, in the opportunity provided by the passage of the Energy Bill to re-establish the principle of a level playing field. The level playing field principle in the 2011 regulations could be established without significant impact on the architecture of the Bill.
Following establishment of the principle of non-distortion, the Secretary of State would have to consider how regulations might be amended to reflect it. This is what Amendment 21 is designed to achieve. I hope that the Government will take heed of the points that I am making and might consider adopting this amendment. If not, as is likely to be the case, I am seeking some undertaking from the Minister to introduce the Government’s own amendments or other measures to achieve the desired outcome. Refusal to address this issue would be commercially foolish and certainly anti-green in terms of what the Bill is seeking to achieve overall.
Lord Grantchester
My Lords, Amendments 18, 19 and 20 all deal with the way in which the Secretary of State will come to a decision on the target level to set, and the level of scrutiny given to this process.
We agree that a greater degree of transparency and independent underpinning is needed in this process. We have already debated amendments in the name of the noble Lord, Lord Oxburgh, and my noble friend Lady Worthington that would ensure this decision is guided by the highest level of independent expert advice—that of the Committee on Climate Change. These amendments would also ensure that should the Secretary of State not follow the scientific advice, the reasons for this decision would be publicly available for scrutiny.
However, Amendment 20 seems to suggest that another independent study should be made. The noble Viscount, Lord Ridley, did not make it clear who would undertake this independent study and what would be the situation were it to come to a conclusion that was different from that of the Committee on Climate Change. But, of course, the Committee on Climate Change already produces the data and it is undoubtedly independent. One only has to look at its continued calls, in the face of government opposition, for a resetting of the decarbonisation target now to secure investment. We are certainly interested in what the noble Viscount believes would be lacking from the advice of the Committee on Climate Change that could feasibly be provided in an alternative independent study, albeit he may claim such a study would be more rigorously scientific and independent in nature.
I humbly suggest that Amendments 18 and 19 are unnecessary and misguided. The Climate Change Act enacted by the previous Labour Government was the first legislation of its kind anywhere in the world. It provides concrete, legally binding evidence to the market and the rest of the world about the UK’s commitment to achieving its climate change mitigation targets. Earlier, the noble Lord, Lord Deben, spoke powerfully about climate change and said that the global network on climate change has shown that 33 countries have already passed climate change legislation, and that this number is growing. The United Kingdom is the world leader in climate change legislation and we must send the strongest possible signal to the market that we wish to continue to lead in low-carbon power by legislating for a decarb target that would bind the Secretary of State and provide certainty for investors as soon as possible.
The extent to which other countries are implementing their carbon reduction strategies is, of course, a concern in global emissions terms, but it should not be a block on the UK taking action. It was said earlier that China is not interested in climate change strategies. However, we contend that it certainly is and is investing huge resources in developing and commercialising low-carbon technologies, as is America. We only have to look at President Obama’s words last week, when he stated that,
“we have to look after our future; and we have to grow the economy and create jobs. We can do all of that as long as we don’t fear the future; instead we seize it”.
On Amendment 21 in the name of the noble Lord, Lord Flight, our understanding is that there is an issue regarding the potential overpayment of support for producers through the RHI, and therefore of funds not flowing through to the transport market. Producers claim that there is an imbalance with an excess going into the natural gas grid. Clearly, it is regrettable that renewables and low-carbon producers should feel at odds with each other in this situation. Therefore, we will be very interested to hear the Minister’s response as to whether any more could be done through the RTFO to support and incentivise the use of biomethane as a transport fuel.
Lord Oxburgh
My Lords, I had not intended to contribute to this debate but several remarks have been made which ought not to go unchallenged. I subscribe to a number of the points made by the noble Viscount, Lord Ridley, but seriously question his methodology. However, that is something we can pursue more effectively outside this Room. It is extremely difficult to talk about the cost in carbon or cash of any single element of a multicomponent system without defining the system as a whole and then looking at its performance with or without the element with which one is concerned.
Baroness Verma
My Lords, the concern behind Amendment 18, proposed by the noble Viscount, Lord Ridley, and the noble Lord, Lord Turnbull, is a familiar one: that, if we move too fast and too aggressively in reducing UK emissions, we will leave ourselves open to competitive distortions in the market or drive carbon-intensive industries offshore.
It is a valid concern to which the Government have given great thought. It was in response to it that we announced that £250 million would be made available to help energy-intensive industries to manage the cost of complying with emission-reduction legislation and to avoid competitive distortion.
Amendment 18 is concerned with the provisions in the Bill relating to a decarbonisation target range. I reassure noble Lords that it is the Government’s clear view that, while it is vital that we meet our legally binding goals on reducing emissions, we should do so at least cost to the economy, the taxpayer and the energy bills of households and businesses. We will continue to provide clear and public analysis of this in all our considerations of the pathway towards 2050.
Amendment 19 draws our attention to the need to ensure that we really are getting the emissions reductions that we expect from the deployment of low-carbon electricity generation technologies. The emissions associated with generating electricity are a function not only of what type of technology is being used but of how efficiently that technology is operating, the load factor at which it operates and other factors. That is precisely why the Bill is drafted as it is. Rather than being predicated on the emissions of a particular technology at a particular point in time, the Bill defines the decarbonisation target range in terms of carbon intensity of the sector as a whole, as defined in Clause 4(1).
I hope this will reassure noble Lords that it is not necessary to require additional research on the emissions of specific technologies. The Bill already requires the Secretary of State to consider the actual emissions intensity of the power sector as a whole. This requirement applies both when setting the target and in determining progress towards it.
I turn to Amendment 21 in the name of my noble friend Lord Flight. I recognise his concern to ensure that we make the best use of sustainable bioenergy as a resource. The Government share this ambition and bioenergy certainly has a vital role in achieving our legally binding targets on both renewable energy and greenhouse gas emissions. Getting the balance of support for bioenergy under different mechanisms is important and my noble friend is correct that at present the level of support in the heat and power sectors is relatively higher than with regard to transport. This recognises that the barriers and costs to deployment are different across the economy. We need to maximise renewable energy in all sectors in order to meet our legally binding target of sourcing 15% of our energy from renewables by 2020. We will continue to work across government in implementing the renewable energy directive to consider the best deployment of renewables.
Amendment 19 would require the Secretary of State to lay a report before Parliament on all factors listed in Clause 2(2) prior to making a decarbonisation order. It is certainly right that the Secretary of State’s reasoning and the Government’s approach to decarbonising electricity in the UK should be transparent. However, I hope I can persuade my noble friend that there is already sufficient transparency in the Bill. Due to time, I do not want to list all the measures laid out in the Bill but if noble Lords require a list, I am happy to make that available in the Library or in a letter.
All that is included in the Bill with a view to ensuring that there is ample opportunity for public transparency and parliamentary scrutiny before and after a target range is set. On that basis, I hope noble Lords can agree that the Bill offers sufficient opportunity for scrutiny and will not press their amendments.
Lord Turnbull
I am grateful for the Minister’s answer on Amendment 19 as regards the assurance that an adequate commentary on all the items to be taken account of will be provided. I certainly will not press that amendment. As regards Amendment 18, it is interesting that some see the glass half full and some see the glass half empty. That is precisely what makes the case for better commentary on what is happening in other countries, about which there is a continued argument. I hope also that that can be provided in the information that will come with the Bill.
As regards the response of the noble Lord, Lord Grantchester, there is a Catch-22 situation here. If we are a world leader in climate change, the more we advance this claim, the more the danger that we are overdoing it. Hence, the greater the case for some check just to see that we are not going too far. The whole question of our relative position is one that will not go away. It will need to be dealt with but it can be dealt with later in the Bill or in the responses that the Government are making. I therefore beg leave to withdraw Amendment 18.
Lord Gardiner of Kimble
My Lords, perhaps I may suggest that this is a convenient moment for the Committee to adjourn.
House of Lords
Food: Food Banks
(11 years, 4 months ago)
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Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government what are the criteria for the issuing of food vouchers by Jobcentre Plus branches for use at food banks.
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)
My Lords, Jobcentre Plus offices do not issue food vouchers. Some Jobcentre Plus offices have an agreement with their local food bank for referrals, but some simply signpost claimants to a variety of available local provision, including by local authorities, depending on their immediate needs. We gave Jobcentre Plus district managers the freedom to make local links with food banks.
Baroness Miller of Chilthorne Domer
My Lords, I thank my noble friend for his reply, but does he agree that because the provision of food banks by major retailers is driven down by the Courtauld agreement, whereby retailers have very few food surpluses, the signposting by job centres to food banks will not be a way of providing food to those in emergency need? Will he ensure that his department monitors the referral and re-referral of signposting, so that by the time universal credit, which I support, is introduced, his department will have a full picture of those in food need and proper account will be taken of it?
Lord Freud
My Lords, I must emphasise to my noble friend that food banks are absolutely not part of our welfare system, in which we have other means of supporting people. There is local provision, and following the devolution of part of the Social Fund to local authorities, local authorities are now responsible for setting up local welfare provision. To the extent that they are interested in using third-sector groups, including food banks, that is entirely up to them.
Lord McKenzie of Luton
My Lords, April this year saw the demise of the discretionary Social Fund and the passing of responsibilities to local authorities. We know that funding for local authorities was not ring-fenced and we learnt last week of a further 10% cut in their budgets. Does the Minister not accept that this, taken together with harsher benefit sanctions regimes and a longer wait for benefits, will mean that the use of food banks will only increase? Despite what he said, is it not a fact that under this Government food banks are looking to be a permanent part of the welfare provision of this country?
Lord Freud
My Lords, there is actually no evidence as to whether the use of food banks is supply led or demand led. The provision of food-bank support has grown from provision to 70,000 individuals two years ago to 347,000. All that predates the reforms. As I say, there is no evidence of a causal link.
Baroness O'Cathain
My Lords, does my noble friend agree that there is a lot of mythology about food banks? This movement was started by the Christian churches—people reaching out to people who are not necessarily long-term unemployed but who have found themselves in a position through no fault of their own. There are abused women who have been given local flats by housing associations but who still do not have money until their benefits come through, and this is where groups of people, operating through the churches —it started in Salisbury—can do so much good. One of the benefits of them for people like me is to make sure that we do something for our fellow men. Can my noble friend confirm that this is nothing at all to do with the welfare system and is pure charity?
Lord Freud
My Lords, yes, local provision that reflects the requirements of local areas is absolutely right. Charitable provision is to be admired and supported.
The Lord Bishop of Truro
Are the Government prepared to concede that there may be a link between benefit delays, errors and sanctions and the growing number of people using food banks? If so, what action is planned to address this?
Lord Freud
My Lord, as I said, it is difficult to make causal connections. The Trussell Trust has said that one reason why people have come to it is benefit delays. I checked through the figures and in the period of that increase the number of delays that we had had reduced. It went up by four percentage points over the past three years, and our delays now stand at 90%. It is difficult to know which came first, the supply or the demand.
Lord Freud
If that sounded like jargon, I apologise. I meant that food from a food bank—the supply—is a free good, and by definition there is an almost infinite demand for a free good.
Baroness Howarth of Breckland
Given that there is so much uncertainty about the figures, the noble Baroness asked whether the Government were going to monitor this. What kind of research or monitoring can the Government undertake to be sure of the figures and the impact of the various factors?
Lord Freud
My Lords, as I said, food banks are not part of the welfare system. We have designed our welfare system to support people with advances of benefit where they require it. It is not the job of the DWP to monitor this provision, which is done on a charitable basis.
Baroness Parminter
My Lords, the refusal of crisis loans is one of the reasons why people are turning to food banks. Do this Government intend to scrutinise the provision of crisis loans, given that the funding for them has recently transferred to local authorities and devolved Administrations?
Lord Freud
My Lords, I can assure my noble friend that the DWP is retaining advances of benefit within the core benefit system. The crisis elements of the Social Fund—the community grants—are going towards local welfare provision by local authorities. This happened in April. My information is that that transfer has landed well.
Baroness Armstrong of Hill Top
My Lords, does the Minister really think that people want to go to food banks or that those who are providing them really want to do so? I visited the food bank in Consett recently, and the person running it said to me, “Please, please, tell the Government that this is because the benefits system is now inadequate and people are desperate. That’s why they’re coming”.
Lord Freud
My Lords, as noble Lords know, we are very concerned about the existing benefits system, which is very complex. We are introducing the universal credit, which is designed to make work pay but also to direct more funds to the poorest people. That is exactly why we have introduced that initiative.
G8: Eurozone and UK Growth
(11 years, 4 months ago)
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Lord Barnett
To ask Her Majesty’s Government what discussions the Prime Minister had on the issue of economic growth in the eurozone and the United Kingdom at the recent G8 summit.
Lord Newby
My Lords, the G8 summit economic discussion focused on the issues that matter—jobs, growth and mending our economies. The UK’s approach to supporting the recovery through fiscal sustainability, active monetary policy and structural reforms was shared by all other G8 members.
Lord Barnett
My Lords, I am not sure whether that means anything. However, can the noble Lord tell me whether it means that the Prime Minister explained that there was nothing in last week’s review to help growth? In practice, we may, happily, get some over the next year or so but the Bank of England has reversed its former forecast for 2015. In fact, as the Chief Secretary has said, the expenditure for infrastructure will not start until 2015, so what on earth did the Prime Minister tell the summit about what we are doing to enhance economic growth, which is so vital, between now and 2015?
Lord Newby
My Lords, the noble Lord has no doubt seen the report today from the British Chambers of Commerce, which shows that services and manufacturing report confidence rising to levels last seen in the last pre-recessionary period. Service exports reached levels not seen since 1994, and the proportion of the BCC’s members who are exporting rose in a year from 32% to 39%.
Lord Lang of Monkton
My Lords, as recent statistics show that for every public sector job lost five private sector jobs have been created in the past three years, and as unemployment in this country is around 8% and falling, whereas in the eurozone it is 12% and rising, and as we now know that the recession caused the fall in GNP of over 7% under the previous Government’s crisis, can I commend to my noble friend that the Government continue with the policies that are slowly but surely yielding genuine results?
Lord Newby
I am extremely grateful to my noble friend for that suggestion, which I shall pass on to my ministerial colleagues in the Treasury.
Lord Peston
I know I do not have to tell the noble Lord not to count chickens, and I know I do not have to remind him that good news may be good news but let us wait for things actually to happen. However, to be serious about this subject, surely what is needed is for Britain to get back on to its long-term sustainable rate of growth and, better still, to raise that long-term sustainable rate of growth. Neither of those things can possibly happen for the next three years, despite what the noble Lord opposite said about supporting current policies. Would it not be a good thing if, instead of the individual countries of Europe all going their own separate ways, we at long last had, as was intended when we set up the Common Market, a joint European economic policy? I think that that would lead to major growth throughout this continent.
Lord Newby
My Lords, the Government support the efforts being made within the eurozone to develop closer economic co-ordination and they obviously also support some of the measures announced at the last EU summit, which will, to a limited extent, support the combating of youth unemployment.
Lord Pearson of Rannoch
My Lords, on the other hand, is not the only hope for economic growth to get our political class and its over-regulation off the backs of our productive industry and commerce? Therefore, are not the expressions “economic growth” and “eurozone” a contradiction in terms?
Baroness Kramer
My Lords, the summit also addressed the issue of the international tax regime. Will the Minister recommend to this House the website www.fairtaxmark.net, which ranks companies as part of its campaign for greater transparency and fairness in corporate taxation? It is rather sober reading for the Government to see who pays tax and who is transparent, and it is most helpful to us as consumers, since consumers and the Government need to work together on these issues.
Lord Newby
My Lords, I absolutely agree with my noble friend and I do commend the website to Members of your Lordships’ House. However, I also point out that at the G8 summit significant progress was made on tax transparency, whether in promoting the standards of the Extractive Industries Transparency Initiative, promoting a new global standard for automatic information exchange, or making more information available on beneficial ownership. These are big changes on which the UK is taking the lead.
Lord Kinnock
My Lords, is the Minister aware that the economies of Germany and other countries are far more regulated than ours and are performing far better than ours in terms of sustained growth and exports? Does he accept that it can hardly be regulation that is the fundamental cause of the problems confronted by our people now? Is it not more to do with a stranglehold on consumption, and can he tell us how the further constriction of consumption can possibly help in generating the additional growth that we need to restore the performance of the United Kingdom?
Lord Newby
My Lords, the key thing now is to drive unemployment down by continuing growth. That is the way in which consumption will rise. A key element of that is making sure that interest rates stay at a low level, which is the centrepiece of what the Government have been seeking to achieve. I absolutely agree with the noble Lord, Lord Peston, that one should not count chickens, but I think that he is almost wilfully failing to count those very small chickens that may be poking their beaks out into the sunshine.
Lord Davies of Oldham
My Lords, at the summit, did the Prime Minister take the opportunity to discuss with the President of the United States the strategy that it has pursued over recent years? The United States has had a 6% growth rate over that period. That is the growth rate that the Chancellor predicted for us in 2010 and, of course, we have achieved negligible growth over that period. Is it not quite clear that the Government have to change the strategy that they have been following and failing on over the past three years?
Lord Newby
My Lords, the Prime Minister has had very constructive conversations with the President of the United States around the key pillars that will provide the basis for growth: an active monetary policy, addressing global imbalances, restoring medium-term fiscal sustainability, and structural reforms.
Property: Under-occupancy Charge
(11 years, 4 months ago)
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Lord Greaves
To ask Her Majesty’s Government what is their latest assessment of the impact of the under-occupancy charge on properties with spare bedrooms.
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)
My Lords, both an impact assessment and an equality impact assessment have already been published. It remains too early to say how people are reacting to this change. The DWP is conducting a formal two-year evaluation of this policy, running from April this year to March 2015. In the short term, an outreach exercise is being undertaken with approximately 78 local authorities to monitor implementation and to ensure that the support provided to local authorities and claimants has been sufficient.
Lord Greaves
My Lords, two years is too long for many people, and the evidence is already coming in. Is it not true that, in many cases, the discretionary housing payments available for people with special needs, especially disabled people who need an extra bedroom, are being provided by local authorities on a short-term, temporary basis, and therefore that these people will still be trapped with rents that they cannot afford in the longer term? Is it not also the case that many councils and housing associations are already reporting that, in order to relocate and rehouse people who wish to move to smaller accommodation, the demand, compared with the supply, is such that it will take several years, and these people, too, will be trapped with higher rents than they can afford?
Lord Freud
My Lords, the purpose of DHPs specifically for the disabled in heavily adapted houses and homes is to make sure that they can stay there indefinitely. Clearly, it would not make sense for people to move when there would be a high cost of adapting a new premise. As I have said, it is too early to know what is happening in different local authorities. The information I have up to now from our intensive interrelationship with local authorities on this matter is that there is a great deal of variation in outcomes.
Baroness Hollis of Heigham
My Lords, the Minister assumes that the Government will make £490-odd million of savings from the bedroom tax on the assumption that most tenants will stay put and take the hit. That is where the saving is coming from. However, all the evidence from housing associations, including my own, and local authorities shows that something like 30% of tenants will move, largely into the private rented sector, where rents, and therefore housing benefit, will be higher. Does the Minister accept that to send 660,000 families into misery for the sake of something like £50 million of net savings in the public sector is not only cruel but profoundly indecent?
Lord Freud
My Lords, the estimate of the annual savings is about £500 million a year. As to the circumstances in which people move into the private sector, clearly it is more expensive generally in the private sector than in the social sector. However, one has to look at the whole of the transaction. Such a move will free up a large apartment or home in the social sector, which will then be made available for a large family on the waiting list. There are 1.8 million families on the waiting list, a group that we can now start to fit into appropriately sized houses.
Lord Naseby
Is my noble friend aware that, as a former chairman of the housing committee in the London Borough of Islington, I wish that there had been a Minister in 1968 who had taken such care and trouble over the changes that were implemented in that year? Should the House not reflect a little on the care that my noble friend has taken and give the procedure time to settle down, in the confidence that if there are quirks to it they will be dealt with?
Lord Freud
My Lords, I am grateful for my noble friend’s support. It is important that we see how people respond. We are expecting a behavioural response and people to change their behaviour. We are watching what is happening very closely. I will make appropriate responses when I know what is happening, but it is too early to do so now.
Lord Martin of Springburn
The Minister talks about freeing up property. He will know that, unfortunately, throughout the United Kingdom, there are estates where property is considered hard to let. By these proposals, will he not force couples out of properties and run the risk of those houses lying vacant? That will not help improve the environment for the people who live on such estates and are trying to make a better life for themselves.
Lord Freud
My Lords, as I have said, the early indications are that there is quite a lot of variation around the country. There are clearly some estates with genuine difficulties and we need to watch the situation very closely.
Baroness Hussein-Ece
My Lords, are there not still anomalies with children with disabilities being exempt and yet, when a child with a long-term condition reaches 18, suddenly the rules change and the family becomes liable for this tax?
Lord Freud
My Lords, we rely very heavily on discretionary housing payments to ensure that we have a way of dealing with the difficulties and challenges faced by particular groups and families. That is the way we have chosen. Local authorities can look at the particular circumstances and apply those funds as appropriate.
Lord McKenzie of Luton
My Lords, the bedroom tax does not take account of the size of a bedroom. Two children under the age of 16 of the same gender are expected to share, whether or not the room is a single, and indeed even if only a single bed will fit in it. Can the Minister tell us what behavioural response is expected from families in those circumstances, other than to buy bunk beds?
Lord Freud
My Lords, clearly there has been slight exaggeration about some apartments and homes. Local authorities will look very carefully at particular homes to make sure that they are in the right category, but it is up to a family that is in such circumstances to look for a more appropriate place to switch into. I must make the point that the turnover of people in the private sector is enormous by comparison to the very low turnover in social housing. This is not healthy for anyone, and certainly not for the economy.
Egypt
(11 years, 4 months ago)
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Baroness Berridge
To ask Her Majesty’s Government what assessment they have made of recent demonstrations and civil unrest in Egypt.
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)
My Lords, over the last few days we have witnessed some very large demonstrations in Egypt. Although they have been largely peaceful, we remain concerned about reports of violence and in particular by the large number of reported rapes and sexual assaults. We urge everyone to do all they can to prevent this. We call on all sides to work together to resolve the current situation in a manner that brings stability to Egypt and helps it complete its transition to democracy.
Baroness Berridge
I thank my noble friend for her Answer. As more than 14 million Egyptians from both rural and urban locations took to the streets, this morning President Obama telephoned President Morsi to say that democracy is about more than just elections. The time period outlined by the demonstrators runs out this very afternoon. What will Her Majesty’s Government do today to support the Egyptian people, who are attempting to ensure that the January 2011 revolution delivers a Government who respect the social, political and religious rights of all Egyptians?
Baroness Warsi
I agree with my noble friend. It is absolutely right that democracy goes beyond just elections. As noble Lords are aware, there has been an ongoing issue about the Egyptian constitution. There has been much toing and froing, both in relation to that and also to the electoral law, which has passed between the emergency Shura Council and the Supreme Constitutional Court. We urge all parties to engage with the democratic process. It is important that democracy is allowed to succeed, and we urge protestors to protest peacefully and ensure that they are engaged in the democratic process.
Lord Alton of Liverpool
My Lords, is the Minister able to give us any clearer intelligence about precisely what the Egyptian defence Minister meant when he said that the Egyptian army would intervene within 24 hours if there was no resolution of the conflict between the protestors and the Morsi Government? Does she agree that the last year has been a year of lost opportunities? Does she also agree that the attempts to impose Sharia law, and the failure to protect secularists and the substantial Coptic community in Egypt, are two of the reasons why protestors are again in Tahrir Square?
Baroness Warsi
The noble Lord is of course familiar with the reports in the press about what the defence Minister said. However, it has helpfully been indicated that there is no intention for there to be a military coup. It is anticipated that this period may allow President Morsi to engage with and reach out to members of the opposition. We have concerns—and indeed have made statements—about the imposition of religious controls through the constitution. I had discussions with both the Sheikh al-Azhar and the new Coptic Pope in February of this year, during which these concerns were raised. It is important that freedom of religion, which includes the freedom not to have a religion, is absolutely respected within Egypt.
The Lord Bishop of Exeter
My Lords, perhaps I may follow that up. The vulnerability that the religious minorities of Egypt have experienced since the departure of President Mubarak was brought home during the visit last week of the most reverend Primate the Archbishop of Canterbury to Cairo, where he met and heard from the leaders of a number of Egypt’s religious communities. Can the noble Baroness tell us what is being done to encourage and support religious leaders who build relationships across divides to provide a public voice for calm and non-violence, and what guarantees have been sought to protect Christian minorities in the event of an escalation of violence?
Baroness Warsi
The visit of the Archbishop of Canterbury to Egypt was timely, and of course we are concerned about the ongoing violence, especially the violence which occurred in April at the Coptic church, St Mark’s Cathedral. We are engaged in a number of projects in Egypt through the Arab Partnership. Some £1.7 million has been allocated for 2012-13, and many of the projects involve grass-roots work with community organisations from different faiths to create a sense of understanding. It is important that the discussions and dialogue remain open, and I understand that there is an ongoing dialogue between al-Azhar and the Coptic Church.
Lord Triesman
My Lords, I am grateful to the Minister for the detail of her response about an acute problem where demonstrations are growing in size and deaths have been recorded, where the army has threatened intervention, and where President Morsi says that he has no plans whatever to change policy, despite resignations from his own Government. Formal statements have been made by President Obama, and the United Nations has issued two statements. Mr Hague has encapsulated our Government’s position in 140 characters —he has tweeted. He says that he is concerned, and so am I, but I wonder if that is the way to express the gravitas of the United Kingdom in these circumstances. What advice has been given to our ambassador on an engagement with the contending forces to achieve a democratic and pluralist settlement that reflects a serious view from this country?
Baroness Warsi
I take issue with what the noble Lord has said. He will be aware that the Prime Minister was one of the first leaders to go into Egypt after the revolution. The Foreign Secretary has visited, as has the Minister with responsibility. We are incredibly engaged in the process, as is our ambassador. I think that the noble Lord will also agree that it is important that we are not seen to be deeply involved in telling the Egyptian people how they need to resolve this matter. We express our concern, we support them through projects and we make known our views. However, I do not think it is always necessary to engage in involvement by interfering in every aspect of local democracy.
Communications Committee
The Chairman of Committees
That Baroness Scotland of Asthal be appointed a member of the Select Committee in place of Lord Bragg, resigned.
European Council and Afghanistan
(11 years, 4 months ago)
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The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford)
My Lords, with the leave of the House, I will repeat a Statement made by my right honourable friend the Prime Minister in another place. The Statement is as follows:
“I would like to make a Statement on Afghanistan and to report back on last week’s European Council. I visited Afghanistan on Armed Forces Day to pay tribute to the extraordinary men and women who risk their lives every day to serve our country. We should remember in particular the 444 who have lost their lives in Afghanistan. I hope that the whole House will welcome the decision to use money from banking fines to build a permanent memorial at the National Memorial Arboretum in Staffordshire so that our generation and every future generation can remember and honour the sacrifice they have made for us.
We are in Afghanistan for one reason: to protect our national security by stopping that country being used as a base from which to launch terrorist attacks against our people and against our allies around the world. That requires a security response, resisting Taliban insurgent attacks, driving out al-Qaeda and training Afghan forces to take on this task for themselves. It requires a political response, supporting the Afghans to build a more peaceful, democratic and prosperous future, including a peace process. And it requires a diplomatic response, working in particular with Pakistan, which has a vital role in fighting terrorism in the region.
Let me take the three in turn. On security, four years ago three-quarters of the most serious terrorist plots against the UK had links to Afghanistan and Pakistan. Today it is less than half. British and international forces have stopped Afghanistan acting as a safe haven for al-Qaeda, and Afghan forces are now taking the lead on security right across the country. At the weekend I went to Camp Bastion, Lashkar Gah and the forward operating base at Durai. The British forces I met are absolutely clear about the capability, confidence and leadership of the Afghan forces, which are already delivering 90% of their own training. All of the 1,000 police patrols in central Helmand each week are now conducted alone, without ISAF support.
It is this growing capability that enables us to draw down our troops. Our numbers in Afghanistan have already reduced from 9,500 to 7,900. By the end of this year it will be around 5,200. Until recently we were in 137 different bases. We are now in 13 and by the end of the year it will be four or five bases. By the end of next year, when Afghan forces take on full security responsibility, there will be no British troops in any kind of combat role at all. Beyond 2014, small numbers of British troops will remain to help the Afghans deliver their national army officer academy. This was a request of the Afghan president himself. We will also contribute £70 million a year as part of international financial support for Afghan security beyond 2014.
A strong security response must also be accompanied by a strong political response. In Helmand we have been working for many years to support the development of better governance, local justice, public services and the chance for Afghans to build sustainable livelihoods that do not involve drugs. There are now 130,000 children in school, including 30,000 girls—something that would have been impossible under the Taliban—and 80% of the population can now get healthcare within 10 kilometres of their home.
At the national level, the political process is moving forward too. At the weekend, President Karzai assured me of his commitment to the first peaceful democratic succession of power in living memory following next year’s elections at the end of his second and final term. Over 50,000 new voters have already registered, including over 10,000 women, and Britain is supporting this with £4.5 million of aid specifically targeted to increase women’s participation.
This progress in Afghanistan is a challenge to the Taliban. The combination of the successful build-up of the Afghan national security forces and progress on the ground demonstrates that the way to a role in Afghanistan’s future is not through terror and violence but only by engaging in a political process. So I welcome plans to begin direct talks with the Taliban. The peace process must be Afghan-led but we should do all we can to support it. It does not signal any weakening of our security response, but if we can persuade people that there is a legitimate political path for them to follow then we should do so.
We also know that the problems in Afghanistan will not be solved in Afghanistan alone. The support of neighbouring countries like Pakistan will be vital. On my visit to Pakistan I was greatly encouraged by the commitment of the new Prime Minister Nawaz Sharif. His election was the first democratic transition in that country from one elected government to another. It represents, I believe, a precious sign of progress in Pakistan. We discussed our trade, economic and cultural ties. We also agreed to work together in countering extremism and radicalisation, investing in education, tackling poverty and dealing with all the issues that can fuel terrorism. Building on the trilateral process that I have been leading between the UK, Afghanistan and Pakistan, I welcomed the Prime Minister’s commitment to working with Afghanistan in defeating terrorism across the region.
Let me turn to last week’s European Council. This was rightly focused on sorting out Europe's economy by doing what we are doing in Britain: getting a grip of spending and supporting private enterprise to create jobs and growth. On spending, the Council finalised with the European Parliament the seven-year budget deal that we successfully negotiated in February. It agreed new flexibilities between different years and between different budget headings but, crucially, the deal delivers for the first time a real-terms cut on the credit card limit for EU spending for the next seven years. There was no change to the agreed deal, which set spending at €908.4 billion across the next seven years. That compares with €943 billion in the past seven years.
However, in this process, there was a further attempt to unpick the British rebate. In February, after repeated attempts to water down the rebate, we reached a clear deal that it would remain unchanged. That was reflected in the Council conclusions that I reported back to this House. So the discussion that took place was not necessary and it is frustrating and frankly unacceptable that we had to go through it all over again. The proposal was to remove our rebate on agricultural spending in new member states, and it would have cost the British taxpayer more than £1.5 billion. It has now been categorically rejected. We will continue to get the rebate in the years ahead on the same basis that we do now. It is fair. It is right and, unlike, the previous Government, this Government will not agree to weaken it or give any part of it away.
At the Council, there was a particular focus on tackling youth unemployment by supporting the private sector to create jobs and tackling the burdens that hold back our businesses from competing in the global race. We agreed that the European Investment Bank should increase its lending by 40%, with more finance for small and medium-sized businesses. We agreed to do more to help young people who are not working to acquire the skills that the private sector needs through proper educational training, very much along the lines of Britain’s £1 billion youth contract, and we agreed to scrap unnecessary EU regulation that ties up our businesses in red tape when they should be growing and creating new jobs. To give additional detail and urgency to the Commission’s work, we will establish in the UK a new business task force with six of our best business leaders to take a fresh and ambitious look at the impact of EU regulation on our companies.
It is vital that we expand our trade and increase overseas investment into the UK. That was one of the reasons why I was the first serving British Prime Minister to visit Kazakhstan on Sunday and Monday. Since the year 2000, that country has grown at an annual rate of between 8% and 9%, per capita income has doubled and it has the potential to be the sixth largest oil and gas producer in the world. My business delegation signed deals worth more than £700 million—all of which will help to create and sustain jobs right here in the UK.
Finally, the Council welcomed Croatia, which became the newest member of the EU at the weekend. We also agreed to start negotiations on accession with Serbia, and on a stability and association agreement with Kosovo. When we remember what happened in the Balkans within our political lifetimes, it is a remarkable achievement that these countries are now joining or preparing to join the EU with a sense of peace and stability. Britain is proud to support them.
Each of those steps at the Council was about doing what is right for Britain and right for Europe. It is in our national interest to get spending under control, to make Europe more competitive and to expand EU membership to the Balkan States. Openness, competitiveness and flexibility are vital elements of the fresh settlement that I believe is needed for the European Union. We want more of a say for national parliaments and powers to flow back to member states not just away from them. This is a new settlement that I intend to put to the country in a referendum within the first half of the next Parliament, a referendum that will give the British people the in/out choice they want and which my party will offer at the next general election. It is a referendum that my party will be voting for in this Chamber on Friday, and I commend this Statement to the House”.
My Lords, that concludes the Statement.
Baroness Royall of Blaisdon
My Lords, I am grateful to the noble Lord the Leader of the House for repeating the Statement given earlier today in the other place by the Prime Minister on the recent EU Council meeting. I welcome the Statement.
Let me start with Afghanistan. I pay tribute to our troops for the extraordinary job that they have done over the past decade. I join the Prime Minister and the Leader of the House in remembering all those who have lost their lives as well as their families and their loved ones. It is right that the Government have set a date for the withdrawal of our forces. However, it is also important that the international community, including the UK, continues to make a contribution to Afghanistan’s long-term security post-2014. The advances made in Afghanistan, outlined in the Statement, must be safeguarded.
I have some questions about post-2014 arrangements, political stability in Afghanistan and co-operation with Pakistan. Can the Leader provide more detail on the specific nature of the role of the UK Armed Forces after 2014 and what tasks they will have responsibility for, beyond officer training? What objectives will determine the length of stay of any residual UK force?
On political reconciliation in Afghanistan, I agree with the noble Lord about the importance of a proper political process. Will he tell your Lordships’ House what prospect there is of getting the political talks on track, including with the Taliban, and on what timetable?
Turning to relations with Pakistan, I join the Government in recognising the vital bilateral relationship between Pakistan and the United Kingdom. We join the Government in expressing the belief that the UK will also need to build strong working relations with the newly elected Pakistani Prime Minister, especially in regard to the future of Afghanistan. Across this House there is wide support not just for an inclusive political settlement within Afghanistan but also for a regional settlement involving Afghanistan’s neighbours. At the Chequers summit on Afghanistan and Pakistan five months ago, the communiqué committed to building,
“a peace settlement over the next six months”.
Will the noble Lord inform your Lordships’ House what progress there has been since then and what more can be done to achieve this goal?
I now turn to the European Council. I join the Leader in welcoming Croatia’s entry into the European Union and the start date for EU-Serbia accession negotiations and the association agreement with Kosovo. This is good for the peace and stability not just of the Balkans, but of our continent as a whole.
On the European Union budget, the other place was right to vote for a real-terms cut last October. We on these Benches support the recent agreement on the European Union budget and rebate, including the European Parliament’s agreement.
On the rebate, I quote the Prime Minister when he said:
“In this town you have to be ready for an ambush at any time and that means lock and load and have one up the spout”.
Is not the pattern of events slightly different from what he suggests? The Prime Minister said that he was “ambushed” and that there were attempts to unpick the rebate. Is it not the truth that it was he who put it on the agenda of the European Council and that Britain was in a position to veto a change at any stage? If that is the case, the Prime Minister was hardly “ambushed”.
I now turn to the discussions on youth unemployment. It was supposed to be the main subject of the summit but I notice that it was a very small part of the Statement. It is right that the European Union is now focusing proper attention on the plight of young unemployed people and the need to give them hope and work. I should point out that the catalyst for this initiative was not the centre-right Governments of the European Union but the left, led by President Hollande. There are 26 million young people looking for work in the European Union, and 6 million unemployed young people. Nearly 1 million of those young people are here in the UK. That is, shamefully, one in five young people looking for work. Targeting the extra resources to tackle youth unemployment is welcome. However, do the Government really believe that the response was equal to the scale of the challenge?
The Prime Minister said at the press conference after the summit—and again today in the Statement—that the Council agreed to take action,
“very much along the lines of Britain’s … youth contract”.
That is worrying indeed. Last year, the Prime Minister launched the youth contract, which he said,
“is going to do enormous amounts on youth unemployment”.—[Official Report, Commons, 9/5/12; col. 24]
Will the Leader of the House explain why, according to a survey of 200 employers last week, not a single one has used the youth contract to hire a young person? How many people have been helped into work through the youth contract.
Frankly, this summit did not mark the recognition, long overdue, that the current economic approach in the European Union is leaving millions of young people without employment or prospects and fearing for their future. Of course we should look at EU regulation as the Government propose, but does the Leader of the House really believe that this is the solution to youth unemployment, including in Britain? The European economy is struggling and the British economy has not grown as the Government have been promising it would since they came to office. There are nearly 1 million young people still looking for work here in Britain. Long-term youth unemployment is up by 158% since the Government took office and the Government’s youth contract is failing. It is clear that this Government can hardly argue effectively for action in Europe on youth unemployment when they are so transparently failing on the issue here at home.
Lord Hill of Oareford
My Lords, I obviously echo the noble Baroness’s tribute to our Armed Forces, which she quite rightly made at the start of her response. On her questions about Afghanistan and the continuing commitment of the UK beyond 2014, no decisions have been taken beyond helping to deliver the officer training academy, which was referred to in the Statement, and the accompanying force protection. The existing funding commitments have already been set out. That is the Government’s position on what will happen beyond 2014.
I agreed with what the noble Baroness said about the importance of support for a proper political process. In terms of that process and keeping the political talks on track, it was clearly the case that the initial opening of the Doha office was done in a way that caused a setback to those talks. Nevertheless, it is important that we should try to continue with that process and make progress as fast as we possibly can. We are very keen to see early meetings between the Taliban and the US, and between the Taliban and the Afghans, on terms that all sides can accept. I hope that will move forward. We know from our own experience that peace processes are often long, complex and very bumpy, and this will obviously be no exception, but we have been working with our international partners in support of an Afghan-led peace process for some time and we will continue to do that.
On the noble Baroness’s specific question about whether there has been any progress since the Chequers regional peace summit communiqué, and in particular the relationship between Afghanistan and Pakistan, at Chequers there was an agreement between Afghanistan and Pakistan that they would work more closely across a broad range of areas. Since February, co-operation on border relations and on military issues has enabled some quicker resolution to some cross-border tensions. There has also been some positive co-operation to resolve issues to do with refugees, so there have been some tangible steps.
Back at Chequers, both the Presidents committed themselves to doing what they could to work towards peace in Afghanistan over the next six months. The news that the Taliban has released a statement distancing itself from international terrorism is a step—no doubt a small one, but it is a step—in that long, difficult road to peace. The Afghanistan-Pakistan relationship is difficult, which is why we are working with both sides to try to improve it, and I agree with the noble Baroness about the importance of our Government engaging with the new Government in Pakistan to try to help bring that about.
The noble Baroness rightly welcomed the accession of Croatia and referred to Serbia and Kosovo. So far as the rebate is concerned, I am delighted to hear her support for my right honourable friend the Prime Minister’s successful negotiation of the overall multi- financial framework and the rebate. I would gently remind her and the Benches opposite that they told him that he did not have a cat’s chance of pulling it off. I think that they rather hoped that he would not pull it off, but I am delighted that they now support that and the measures that he has taken to try to introduce a bit more financial control into the EU budget, as we are doing over here. On the specific point about unpicking the rebate, it is the case that that was a straightforward ambush of the Prime Minister. He had no interest whatever in the rebate being unpicked but along came some people in the early hours of the morning and tried to do so. Fortunately, he managed to resist that and the situation is now clear.
So far as youth unemployment is concerned, I obviously agree with the noble Baroness about the scale of the challenge across the EU, and indeed in our own country. Clearly, we think it is far too high, both in the EU and in the UK. Youth unemployment is down just over 40,000 this quarter and 60,000 last year, but we are not complacent about that. One hundred thousand young people have started a work placement under the youth contract and we know that youth unemployment fell faster last year in the UK than it did in the USA, Germany, Canada, France and Italy. There is a lot more to do, but there has been some progress and I agree with the noble Baroness’s point about the importance of looking at EU regulations. I would not argue that it will make all the difference, but as part of a range of measures—whether apprenticeships or encouraging traineeships to try to reduce all possible burdens on business so that the private sector can create the jobs that young people need—I think that this is a step worth taking.
Baroness Falkner of Margravine
My Lords, from these Benches we join in the tributes to the service men and women who have made the ultimate sacrifice in Afghanistan.
I thank the noble Lord the Leader of the House for repeating the Statement. The Prime Minister has mentioned the importance of the Afghanistan-Pakistan relationship in combating terrorism. The noble Lord knows that 53 people were killed while Mr Cameron was in Pakistan and 2,500 have been killed this year alone in Pakistan. Would it not be truly ironic if, through the Taliban peace talks, Afghanistan is stabilised, yet Pakistan’s home-grown Taliban continued to wreak havoc? Can he tell the House what discussions the Prime Minister might have had with regard to the security and stability of Pakistan when he met Mr Sharif?
On 24 October 2011, in a similar European Council Statement in the other place, the Prime Minister said that he could not see a need for an in/out referendum. In fact, he said that legislating now for a referendum, including on whether Britain should leave the EU, could cause great uncertainty and could actually damage our prospects for growth. Today he talks of openness, competitiveness and flexibility, which are vital elements of the fresh settlement that he thinks is needed for the European Union. Can the noble Lord tell us what his thinking is in calling for an in/out referendum this week? Can he tell the House what has changed to date in the eurozone crisis? What other substantial markers of belief have encouraged the Prime Minister to make such a volte face from his previous position?
Lord Hill of Oareford
My Lords, on the security situation in Pakistan, my noble friend is right to point out the problems that that country faces, and the relationship between the problems there and in Afghanistan. In the trilateral relationship between the UK, Afghanistan and Pakistan, it is right that we do what we can to minimise problems in both those countries. I take her points and she is right to remind us of those figures.
Only the Conservative Party is offering an in/out referendum, and my right honourable friend the Prime Minister feels that it is right to draw attention to that as the clear choice that people will have at the next election.
Lord Tomlinson
My Lords, can I ask the Minister a very direct question about the budget? We have been hearing about budgetary crises every time we get a report back from a summit. Is it not about time now that the British Government took a positive act in Brussels to bring the budget under control at the beginning of the budget process? That starts when the Council of Ministers has the first reading of the budget and starts applying a process of zero-based budgeting to a selection of budget lines so that we know exactly where we want cuts, and then have the resources for those areas such as Europol where we want to see increases. The idea of playing it as a game on a snakes and ladders board, where you have only ladders and no snakes, is what is leading to the present budgetary imbalances. I ask the Minister not to give a commitment other than that he will talk with his right honourable friend the Prime Minister and with Treasury Ministers about whether it is now time to start a process of zero-based budgeting so that we can establish budgetary priorities afresh.
Lord Hill of Oareford
On the broad question of budgeting, I am sure the noble Lord will accept that to have secured a real-terms reduction in the budget for the first time ever represents a significant achievement by my right honourable friend the Prime Minister. As I am sure the noble Lord knows, the process of agreeing budgets—with the flexibility between years, the different lines and the political compromises that are inevitably essential—is a nightmarishly complicated process. The noble Lord did not ask me to give an undertaking, and I do not think that I or anyone else would be able to reform this labyrinthine process, but I certainly undertake to make sure that his comments, which I know are meant to be helpful in making sure that there is rigour in budgeting, are taken back so that people can consider them properly.
Lord Kilclooney
My Lords, during the past year, there have been increased incursions by Spanish naval vessels in British waters at Gibraltar. More recently, Spanish vessels fired on a British sailor in those waters. It is reported by the media that the Prime Minister raised this matter with the Spanish Prime Minister—of course, Spain is an EU partner. Was the matter raised with the Spanish Prime Minister, and if so, what was his response?
Lord Hill of Oareford
The Prime Minister raised this matter with the Spanish Prime Minister and protested about the incident to which the noble Lord refers. My right honourable friend the Prime Minister made it clear that he felt that that behaviour was completely unacceptable and he asked Spain to carry out an investigation into the incident.
Baroness Symons of Vernham Dean
My Lords, how confident are Her Majesty’s Government that women in Afghanistan will enjoy full political rights and that they will be able to take a full part in civil society in that country? The Statement says that 130,000 children are now in school, including 30,000 girls. That implies that 70% of school-aged girls are not in school. Will the Minister tell us in percentage terms the figures for girls in school and whether girls are now being allowed to go to university? This was the case a few years ago, but the situation seems to have deteriorated.
Lord Hill of Oareford
The noble Baroness will not be surprised to know that I do not have those percentages in my head, but I will see what I can find out about them and I will write to her about whatever I uncover. There has been progress in the way that she said in drawing attention to those figures. She is right to draw attention to the guarantees and commitments about the future and the right of women to vote and participate in elections. All I am able to say is that I know that we are giving as much encouragement and support as we can to make sure that that process goes forward before the elections. For those who, like her, want to make sure that that situation persists in the future, the most powerful lever is the £4 billion of aid that outside countries give to Afghanistan, but we would all be foolish if we were to pretend that there was a simple thing that we could do to guarantee it. Like her, the Government are very concerned, and I know that the Foreign Office and DfID are doing everything they can to argue in the way that I know the noble Baroness would expect them to argue.
Lord Pearson of Rannoch
My Lords, does not hope attempt to triumph yet again over experience in this Statement? The Prime Minister says:
“we agreed to scrap unnecessary EU regulation that ties up our businesses in red tape when they should be growing and creating jobs”.
He goes on to announce the setting up of yet another business task force,
“to take a fresh and ambitious look at the impact of EU regulation on our companies”,
and so on.
What does the noble Lord say about the need for unanimity among all 28 members before we can retrieve a comma from the treaties of Rome, let alone a regulation or a power already ceded? I have written a few of those on the back of an envelope. What does this do for immigration, rubbish collection, post offices, light bulbs, car premiums, working time, our fishing industry, and financial supervision for the ruin of the City of London? Is this not just more wishful thinking, which is completely meaningless while we stay in the European Union?
Lord Hill of Oareford
My Lords, if the noble Lord, Lord Pearson of Rannoch, is the voice of experience, I will have to be the voice of hope. I take his point that one has to keep grinding away at these things over a long period of time. History suggests that, as was the case with our rebate negotiations, one has to keep on battling away.
On the point about reducing regulations, this was agreed, I think, in the Council back in March. Some small progress has been made by the Commission. However, the Prime Minister was very clear that the process was not as fast or as extensive as he would like, which is why he made another charge at the Council last week. I think it is worth setting up our own task force—I probably share some of the noble Lord’s scepticism about all sorts of task forces everywhere—to try to come up with some ideas of our own to show the way, looking specifically at the effect of regulations, how they might be reduced and how that might lead to more jobs, particularly in the context of young unemployed people, as we discussed earlier.
Lord Eden of Winton
My Lords, turning back to the very welcome progress report on Afghanistan, would my noble friend ask the Prime Minister to ensure that in any future discussions about developments for Afghanistan, regional leaders in other parts of Afghanistan are fully engaged in these discussions through the central authority?
Lord Hill of Oareford
That sounds an extremely sensible point to me. I am not an expert in the area or in those complex discussions and negotiations that need to go on, but I will certainly make sure that my friends at the Foreign Office are aware of the extremely sensible point that my noble friend has made.
Lord West of Spithead
My Lords, can the Minister clarify the numbers post-2014, because they are not at all clear? The MoD must have done this work already. How many personnel are we talking about for the defence academy? What is this protection force that we are talking about? It sounds a very open-ended thing to me. What sort of numbers are we talking about and where would they be? On what date will we give up Camp Bastion? Will we be abandoning it or handing it over to the Afghan authorities or to the Americans? Will we provide any air assets post the end of 2014? It is really rather important for us to get our minds round these numbers and issues.
Lord Hill of Oareford
I take that point. The noble Lord has illustrated one of the recurring problems in this House: that it is full of people who know what they are talking about. It makes my job extremely difficult. I will see what specific numbers I can find and I will be happy to circulate them. I know that the numbers envisaged are small. The numbers on the continuing support that would be made available to the national training academy are extremely low, but I take the noble Lord’s point about wanting specificity. If I am able to get better particulars, I will do so and will write to the noble Lord.
Lord Clark of Windermere
My Lords, the Leader of the House made several references to the post-2014 budget in Afghanistan. Does he accept that possibly the single most effective way to guarantee long-term post-war reconstruction in Afghanistan is to ensure that the rights of women are embedded in society in the new Afghanistan?
Lord Hill of Oareford
I agree with that point, which is a variant of the point made by the noble Baroness, Lady Symons. In so far as we are able to do that, it is clearly Her Majesty’s Government’s intention to lend every effort to bring that about, as the noble Lord says. I cannot, for obvious reasons, guarantee that in a far-off country with a very different history and culture we can undertake to deliver that. However, I know that it is very much our intention.
The Earl of Sandwich
What will Afghan children remember about our intervention in Afghanistan over the past 10 years? The Statement implies that we are going to leave an entirely military legacy post-2014. Can the Leader of the House assure us that there will be a reconstruction conference? Investment must come in when ISAF goes out. We will have to shore up this country for several years to come, building up employment and jobs in particular.
Lord Hill of Oareford
I would hope that they might remember the efforts of a country to spread education, as my right honourable friend the Prime Minister pointed out, the efforts of a country to spread and protect the rights and education of women, and the kind of efforts to which the noble Lord refers to help to get the economy working in a way that is not dependent on the awful trade in drugs. I can certainly reassure the noble Lord that, as I understand it, foreign Governments intend to carry on with a generous package of aid to try to help with precisely the kind of reconstruction, and getting Afghanistan on to a more secure footing, of the sort to which the noble Lord refers.
Baroness Goudie
My Lords, I welcome both Statements. On Afghanistan and the peace talks, under United Nations Security Council Resolution 1325 of 2000 and its amendments it was agreed that a number of women should be at the peace table. President Karzai does not really negotiate or deal with women, even those in his parliament. What are the Government going to do about that?
Secondly, there have been a number of honour killings, both in Pakistan and on the borders of Afghanistan, mainly of young girls and their mothers. Girls are now going out and about, and leaders and their families do not think that this is appropriate. We are seeing cases of this daily in the press. This is an issue which the Prime Minister has to take up as part of the peace process, and as part of our giving aid to Afghanistan.
Lord Hill of Oareford
On the general point of trying to use our political and financial influence through aid, to try to emphasise the noble Baroness’s points, we will certainly do that. On the specific point of her first question, I need to find out whether there are specific bits of information on that, and what has happened, so that I might help her with it.
Lord Stoddart of Swindon
How much will the new European budget settlement cost British taxpayers each year in both gross and net terms? On the question asked by the noble Lord, Lord Pearson, I should point out to the Leader of the House that the hostility shown by the French at the summit gives some indication of the difficulties that the Prime Minister will have in altering the existing European Union treaties.
Lord Hill of Oareford
I am afraid that the only figures I have to hand are those about the overall size of the budget over seven years and the reduction in it. I will need to come back to the noble Lord with more detailed figures on the effect on Britain year by year, if I can get them.
Business
Baroness Garden of Frognal
My Lords, Second Reading is not time-limited but if Back-Benchers were to keep their contributions within seven minutes, the House would rise around 10 o’clock.
Children and Families Bill
(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Schools (Lord Nash)
My Lords, it is my great privilege to open the Second Reading debate of the Children and Families Bill. When I came into this job, I swore that I would do what I had successfully done over the previous 30 years: keep control of my diary. I gave that idea up at lunchtime on my first day. A visit that I had asked to make some time ago appeared serendipitously in my diary yesterday—I say serendipitously because it had been fixed a long time before we knew that the Second Reading of the Bill would be today. This visit was to the Avenue School, a special school in Reading run by Dame Sue Bourne, and was a very moving experience. They do wonderful work at this school with children with severe SEN, many of whom are severely disabled. It was a privilege to see the wonderful ways in which they are improving the lives of those children—substantially, to judge by the smiles on many of their faces. As I left, Sue gave me the dragonfly pin that I am wearing, which is in memory of all the children who have been at the school and who have died, so I said that I would wear it today. The memory of that visit will stay with me throughout this debate.
The Government are determined to make sure that we put the needs of children at the heart of everything we do so that, regardless of background, every child has the chance to fulfil their potential and succeed. Too often we hear stories of services failing children and families who need their help the most, trying to get them to fit in with the system rather than the other way around. It is crucial that we get the legislative framework right, so that services transform the way in which they work for children and families, focused keenly on their needs. That is what the Bill seeks to do.
The measures in the Bill will have a direct and significant impact on the lives of children and families across the country, so it is right that it is subjected to the most thorough scrutiny and debate. In the other place, the debate has been constructive and comprehensive. Every part of the Bill has been scrutinised thoroughly by a standing committee and has been passed with the blessing of the whole House. This is in part due to extensive pre-legislative scrutiny of the majority of the Bill. This process, as I am sure noble Lords would agree, clearly improved the legislation. I offer my gratitude to Members in this House for their scrutiny of Parts 1 and 5 of the Bill as part of their work on the Joint Committee on Human Rights and the House of Lords Select Committee on Adoption Legislation. I also thank members of the JCHR for their more recent report across the Bill, which I am sure will inform scrutiny in your Lordships’ House.
Perhaps the most significant improvement that the Bill has seen to date is the amendment brought forward by the Government to introduce a duty on health bodies to provide what is set out in an education, health and care plan. This amendment to Part 3 of the Bill was widely welcomed and will make a real difference to the lives of children and young people with special educational needs and their families. It is my ambition that the scrutiny in this House builds on that progress in an open and constructive way.
I turn to the provisions of the Bill in more detail. Delays in the current adoption system mean that it currently takes on average 21 months to place a child, and a child’s chances of adoption reduce by almost 20% for every year of delay. This is clearly indefensible and needs to change. The Government’s adoption reforms will sweep away barriers that have stood in the way of finding children stable, loving homes earlier. The Bill contributes to this by requiring local authorities to consider a fostering for adoption placement as soon as they are considering adoption for a child; by removing the explicit requirement to have regard to a child’s religious persuasion, racial origin and cultural and linguistic background when matching a child and prospective adopters; and by enabling the Secretary of State to require some or all local authorities to outsource their adopter recruitment and assessment function.
The Bill would also better support approved adopters by piloting greater access to the adoption register, by improving the information on offer about adoption support services and by introducing personal budgets to give adopters more choice and control over the help that they receive.
In addition, the Bill puts the role of the virtual school head for looked-after children on a statutory footing. This is just one important step that we are taking to ensure that every local authority redoubles its efforts to drive up the educational attainment of children in their care.
Children also face unnecessary delays in the family courts, something that the family justice review recognised as part of its work to consider radical reform of the current systems for family law. A child waits over 42 weeks on average for their care or supervision case to be resolved. This is not acceptable and we agree with the review’s recommendations that more needs to be done to address delays and ensure that a stable placement for a child is found as quickly as possible. To that end, the Bill includes measures to introduce a maximum 26-week time limit for completing care and supervision proceedings, to ensure that expert evidence is used in children’s cases only when necessary and to remove bureaucracy and focus a court’s consideration of a care plan primarily on those issues that are essential to its decisions.
Part 2 also includes proposals to ensure that the needs of children remain firmly at the centre of the private family law system. The Bill, through the parental involvement clause, will make it absolutely clear that both parents should be involved in their child’s life after separation, where it is safe for the child. I wish to be clear that this change does not affect the existing principle that the welfare of the child must be the court’s paramount consideration in all cases. In addition, we hope that mediation, information and assessment meetings will encourage more parents to agree arrangements for their children outside court. The introduction of the child arrangements order will help ensure that arrangements are focused on the child’s needs.
The reforms to special educational needs in Part 3 are ambitious and present us with a once-in-a-generation opportunity to transform the lives of children and young people with SEN. The reforms put children, young people and their parents at the heart of the system, strive for higher aspirations for children and young people, and have a stronger focus on improving their prospects in life. The new system will provide, for the first time, one system from birth to age 25 by promoting earlier identification of needs and extending comparable rights and protections to all young people over 16; require local authorities and local health bodies to work together to plan and commission services for children and young people with SEN, bringing a real commitment to working together across agencies; and introduce a local offer so that parents can find, in one place, clear and accessible information about the local support that is available to them.
At the end of the new, more streamlined and co-ordinated assessment process for those with the most complex needs, the Bill introduces education, health and care plans from birth to age 25. These plans will have a new and important focus on outcomes, including employment and independent living, with joined-up support from education, health and social care.
The Government are committed to reforming childcare and supporting working families by boosting quality, increasing the affordability of provision and removing obstacles for providers where this does not impact on quality and safety. Part 4 plays a part in achieving this. It introduces childminder agencies, allows childcare providers to request a paid-for re-inspection by Ofsted and seeks to remove current bureaucratic requirements on local authorities and governing bodies. On Report in the Commons, the Government also brought forward a new clause to introduce tax-free childcare paving legislation, as was included in Her Majesty’s gracious Speech.
Part 5 covers the Office of the Children’s Commissioner. It will clarify the power and remit of the Children’s Commissioner, empowering the commissioner to stand up for the rights and interests of all children, particularly those who are vulnerable. For example, it will give the commissioner a statutory remit to promote and protect children’s rights, and will introduce changes to make the commissioner more clearly independent from government.
Parts 6, 7 and 8, which are led by the Department for Business, Innovation and Skills, introduce greater choice for employees, ensuring that employment law meets the needs and wishes of modern families. The Bill will give working parents more choice and flexibility in how they share leave and pay in the early months of their child’s life. This is a radical new system of leave that will support fathers in getting more involved in their child’s life and enable working parents to take leave together and better manage their caring responsibilities and work commitments. The last section of the Bill supports family life by providing a right for all employees to request flexible working.
Before I conclude, I draw noble Lords’ attention to some commitments made by my honourable friend the Minister for Children and Families on Report in the Commons. Most notably, with regard to adoption, we wish to clarify that local authorities must consider placing the child with a relative or friend before they consider a fostering for adoption placement. Also, to provide further reassurance on this measure, we will introduce new safeguards through regulations to make sure that a local authority notifies the child’s birth parents when considering a fostering for adoption placement.
In Part 3 of the Bill, the Minister has listened closely to the debate to date on the support available to young offenders with SEN. On Report, the Minister undertook to identify further improvements to the support that this vulnerable group of young people receive while in custody to complement the trans- formational reform of education in custody being undertaken by the Ministry of Justice.
A number of noble Lords, while welcoming the intentions of the Care Bill which is currently before this House have raised concerns about the situation for young carers. The Government have heard these concerns. As my honourable friend the Minister also indicated, we intend to look at this issue in detail with noble Lords during the passage of the Bill.
I know that Members of this House have views, and considerable expertise, on how we should be addressing the issues that I have mentioned and others. I look forward greatly to discussing them over the coming months. The Bill demonstrates this Government’s commitment to making a real and enduring difference to the lives of all children and families, an ambition that I am sure is shared by all here today. I commend it the House and I beg to move.
Baroness Hughes of Stretford
My Lords, I thank the Minister for his introduction to this important Children and Families Bill and welcome him to the Dispatch Box for his first major task as a Minister—steering the Bill through your Lordships’ House. I look forward to debating with him during our proceedings.
It is good finally to have a Bill on aspects of children’s well-being from a Secretary of State who so far has shown little interest in children’s lives outside the classroom. Indeed, he has presided over the decimation of many children’s services, all much needed by vulnerable children. I am sure, too, that Members on this side, at least, will be commenting on the disastrous impact on vulnerable children and young people of the Government’s wider policies on welfare, employment and cuts, with falling incomes and higher prices stretching family budgets to the limit. These will cause real hardship for ordinary families that will see child poverty rise again by 2015. There is nothing, sadly, in the Bill that will alleviate those hardships.
I, too, followed the debate on this Bill in the other place with great interest. I agree there was much agreement on all sides on many welcome measures in the Bill. I am sure we will conduct the debate in your Lordships’ House in a similar vein. However, it was noticeable that, apart from two very welcome government amendments, the Ministers there resisted any of the sensible proposals put forward, including many from Mr Robert Buckland, the Conservative chair of the All-Party Group on Autism. I give the Minister notice that we will return to the amendments we think are essential to address shortcomings in the Bill. I am sure he will be more prepared to work with colleagues across the House as we seek to improve it.
The Minister has outlined the key measures and I will begin with those we can broadly support. The provisions in Parts 6, 7 and 8 for shared parental leave, time off work for antenatal appointments and flexible working all build on the progressive record of the previous Labour Government and we welcome these next steps. However, we would like to widen access to leave for parents—especially, as the Minister himself said, for fathers—because these measures may turn out to be highly restrictive, with only 2% of eligible fathers expected to be able take up the new changes. Coupled with recent data from the TUC which show that less than 1% of fathers have taken up the additional paternity leave that was established in 2011, we clearly need something of a step change for fathers.
Part 5 strengthens the role of the Children’s Commissioner, also established by the Labour Government, and we welcome these proposals, too. However, the existing functions of the Children’s Rights Director, which are to be incorporated into the commissioner’s remit, include the power to take up individual complaints from children, and we want to discuss how we can ensure that this safeguard is not lost.
Although we have no problem in principle with the proposals in Part 4 for new childminder agencies, they will need careful examination. There are two obvious concerns here. First, childminders in agencies will no longer be inspected directly at all by Ofsted. Instead, the agency will be inspected on its quality assurance processes. We know what happened in Haringey when Ofsted undertook these arm’s-length desktop inspections —it gave Haringey a satisfactory rating shortly before baby Peter Connelly died.
Secondly, the Childcare Minister said in a meeting last week that the agencies would be responsible for the training and development of their childminders but that there would be no new money. She envisaged that the cost would be passed to parents, but we know that the high cost of childcare is currently very difficult for parents to meet. Also, while the vexed issue of childcare ratios is not in the Bill, we will want to ensure that in future no Government can attempt to change these important ratios without recourse to Parliament. We also believe that local authorities have an essential economic, as well as social, role in assessing the sufficiency of childcare in their areas, and we do not want to see this repealed as the Government propose.
We welcome measures in Part 2 of the Bill to improve and streamline family justice. However, while we very strongly support the continued involvement of both parents, the child’s interests must remain paramount. I welcome the Minister’s assurance today that plans in Clause 11 for shared parenting will not dilute this paramountcy principle. We will want to probe the practical implications of that, as we would not want to see any apportionment of children’s time to satisfy shared parenting.
We agree that the 26-week time limit is an important benchmark to make sure that court proceedings are carried out as quickly as possible. However, we want to see safeguards to ensure that complex issues are not overlooked and particularly that siblings are not needlessly separated.
I come now to the parts of the Bill about which we have more substantial concerns. Part 1 builds on the reforms introduced by the Labour Government to improve the adoption system. It is unacceptable that on average it still takes almost two years for a child in the care system to be placed for adoption. We agree that that has to change and we welcome attempts to reduce unnecessary delay in adoptions. However, the best interests of the child must come above all other considerations. We are concerned that the Minister in the other place envisages that a child can be placed in a new fostering for adoption placement as soon as he or she enters care. That seems possibly counter to careful assessment and good-quality decision-making.
We also feel that the Government are not right to imply that adoption is the only, or possibly always the best, solution for every child. Many children are not adopted and there is little in the Bill to improve outcomes for them. Fostering gets very little mention, and there is disappointingly little on improving the lot of children in the care system, although we welcome putting virtual school heads on a statutory basis. The majority of children return home, often with no continuing support, and we would like to raise that during the passage of the Bill.
We would also like to see more emphasis on the importance of contact between adopted children and their birth families. I very much welcome the Minister’s statement today that local authorities will have to consider the possibility of kinship care as the first option in every case and give priority to contact between sisters and brothers. That is something that we were going to pursue.
Finally, there are concerns across your Lordships’ House about the changes to consideration of ethnicity. We agree with the Lords Select Committee on Adoption Legislation that these should, appropriately, not be abandoned but be part of the welfare checklist.
We come to the reform of the special educational needs system in Part 3 with the establishment of integrated health and care assessments and plans and the publication of a local offer of services in every area. The aspirations of the Green Paper to improve the system across the board for all disabled children were widely commended. However, we fear that the Bill as drafted cannot hope to meet those aspirations. This is also the conclusion of the Special Education Consortium, the Every Disabled Child Matters alliance and, indeed, all the children’s organisations with which we have had contact.
I will outline why we share this conclusion. First, the measures in the Bill do not apply to all disabled children. Those who do not have a special educational need or who are detained in youth custody will be excluded. I would be very interested to discuss with the Minister his reference to some new ideas for how those in youth custody might be embraced by these or similar provisions. However, how can the exclusion of children with disabilities be justified? Children with a major physical disability—for example, a visual impairment or a complex health problem such as cancer or diabetes—have just as much need for services integrated across education, health and social care as children with special educational needs. The barriers to their educational progress can be just as serious.
Secondly, while the education, health and care plans assessment will be a step forward, albeit for a minority of children, and we welcome the Government’s change of heart in making health as well as education enforceable in the plans, there clearly needs to be a parallel duty on the third element in those plans, the local authority social care services, so we will want to raise that again.
The rights of children and parents to request an assessment is a positive change, as is the continuation of plans through further education and apprenticeships. However, parents need a single route of appeal on all three elements of the plan. As the plan is drafted, parents may have to go down three separate appeal routes simultaneously, and clearly that is not acceptable. The draft code of practice makes clear that this new system, welcome as it may be, will apply to only a tiny minority even of the population of children with special educational needs, compared with the 13% of SEN children statemented currently. Other SEN children —some 1.4 million—together with all those disabled and seriously ill children who do not have special educational needs will have to depend on the local offer to get support. For these children and their families, there will be no practitioner to forge the integration of health, education and care, despite the fact that many will need this. Parents will have to do it themselves, and yet this is one of the major problems with the current system that the Green Paper promised to address. The local offer gives no guarantee of services, only a list of what might be available and which is not enforceable. The Government do not want to specify what should be in a local offer, so parents face the same postcode lottery as they do now. Those are the headline issues. There are others, particularly the abolition of school action and school action plus, without any clarity as to what will replace them. This is a major change because it will erode many current entitlements for the majority of children who will not be eligible for an education, health and care plan.
Finally, as the Minister has acknowledged, there is widespread support across both Houses for young carers and for the parents of disabled children to be given the same entitlements included in the Care Bill for adult carers of disabled adults. The Minister in the other place agreed to look at it, and the Minister said that this has been done. I had hoped that we might get a progress statement today but, if not, I am happy that they are on the case and I hope that we may get further details during our debate.
The issues in the Bill are of the greatest importance to some of the most vulnerable children and families. The Bill is a tremendous opportunity for us to improve substantially their experiences, life chances and outcomes. I know that, right across the House, Members will want to secure the best outcomes for these children. We look forward to working with colleagues and with the Minister to make this Bill the best that it can possibly be.
Lord Storey
My Lords, I welcome this much needed Bill. It brings together important proposals, making a big advancement for families and, above all, our children. For the first time in a generation the Government are tackling some of the major barriers that children and families face. We on these Benches are fully committed to giving disadvantaged children the best possible start in life. Reforms to special educational needs provision will help families to secure access to the support they deserve, new virtual heads will support the educational achievements of looked-after children and the proposals for shared parental leave and flexible working are a real step forward. The Bill also makes strides in reforming the family justice system, aiming to cut delay and encourage greater mediation.
I shall be so bold as to congratulate the Government on bringing the Bill forward. In so doing, I pay tribute to the previous Minister of State for Children and Families, Sarah Teather, who dedicated a significant amount of her time to ensuring that it reaches the statute book. It will stand as a testament to her hard work and perseverance. I also thank Ministers from both Houses for being prepared to listen and for having an approach that is both open-door and open-minded.
Like many Members, I have been amazed by the number of briefings I have received concerning the Bill. This not only illustrates how important it is to a myriad of different groups but also shows how much people care. That should not come as a surprise; after all, as we have heard, this is a once-in-a-lifetime opportunity to change children’s lives for the better. I am sure that as the Bill passes through your Lordships’ House in the autumn many issues will be raised and, where appropriate, amended.
I wish to concentrate on several areas that I hope the Minister will reflect upon later today. I welcome the new education, health and care plans, which replace statements and learning difficulty assessments, but, regretfully, they do not currently apply to young people in custody. We know that a third of young offenders have a SEN statement, compared to only 3% of the general population. Young offenders are among the most vulnerable members of our society and need all the support that we can offer them. Given that children in custody are particularly disadvantaged in this respect, it is illogical that they are being left out. I suggest that we extend the new plans to young offenders, otherwise we will miss a unique opportunity.
We learnt on Report in another place that, although the Government are committed to supporting young offenders in this way, the stumbling block to providing such support is conflict with the Apprenticeships, Skills, Children and Learning Act 2009. The Government acknowledge that the current situation is not working and I suggest that we use this opportunity to make provision for young offenders with SEN. I hope that the Minister will examine this area so that we do not miss this important opportunity.
A child’s health condition does not stop at the school gates. Parents need to know that schools are places of learning that can cater for the needs of all young people; places where children with health conditions are both understood and cared for. Whether a child is diabetic, epileptic or severely allergic to something, schools must be able to support their needs. Take the example of a child with, say, a nut allergy. Unless appropriate care is taken, the child is at risk of a life-threatening anaphylactic reaction. Simple approaches can be taken by the school—ensuring that staff are EpiPen trained; ensuring that EpiPens are easily accessible and signposted; and displaying photographs of children with food allergies in the school kitchen and staffroom. Of course many or most schools do such things as standard, but many do not.
I have offered one example but the same may be said of children with diabetes, epilepsy, asthma, migraine, chronic fatigue and congenital heart defects. Indeed, in my own city of Liverpool, a young primary lad died of a sudden cardiac arrest. That school and family established the Oliver King Foundation and, with the support of the local media, are now putting facilities in every school in the city.
A child’s condition should have no impact on their ability to study. Though different from SEN, if medical needs are not managed properly they will surely impede a child’s education in much the same way. Too many schools fail to follow guidance in this area. Moreover, existing legislation is poorly designed for such purposes. Considering that there are no specific requirements to provide the necessary support for all children with health conditions, an amendment that places a clear duty on all schools seems to me to be eminently sensible. Indeed, the Parliamentary Under-Secretary of State recently indicated that practices in schools need improving. In Committee he said that guidance on managing medicines will be published this year, thus clarifying schools’ responsibilities. Does the Minister think that this is sufficient?
I turn now to the issue of young carers. Despite the good intentions in the Care Bill, there is now a yawning gap that leaves young carers in an unjust position. Young carers are children and young people who provide ongoing and regular care to family members while they themselves are in education. The 2001 census identified 175,000 young carers in the UK, 13,000 of whom care for more than 50 hours per week. The 2011 census identified a similar number, up to 178,000. However, there was an 83% increase in the number of young carers aged five to seven. These young carers often undertake inappropriate and burdensome responsibilities, and all too often they do not receive the support that they need. This of course results in poor educational outcomes. The Bill offers significant scope to improve the long-term life chances of young carers by enabling a whole-family approach, but I suggest that the rights and responsibilities need to be made clearer for young carers and practitioners alike. I know that Ministers are sympathetic to young carers’ needs, and I therefore look to amendments coming forward to provide this much needed support.
As I referred to earlier, this Bill is a once-in-a-lifetime opportunity to provide children and their families with real support for special educational needs. Education, health and care plans are at the centre of that support system. For the first time, SEN will be coupled with health and social care provision in a single global agreement. I am pleased that the Government have taken note in this area, and specifically that they have guaranteed that health requirements will become part of the plan. However, should I fear the same fate that has befallen our so-called “national curriculum”? The plans must do what they say on the label. They must entitle the holder to expect all the provisions that they detail: education, health and care. Will the Minister confirm this, so that we may give parents and young people greater confidence in the system?
In order to make the system truly joined-up, surely we should go that extra mile and realise the equal importance of there being one easily identifiable route of redress for families, should things go wrong. A single, accessible and understandable point of appeal is necessary. We must not create a system that forces families to navigate a vast and complex complaints system across three agencies. I look forward to hearing what the Minister intends to do in this regard.
I was delighted to receive a Written Answer from my noble friend the Minister, detailing how essential it is that teachers’ training prepares them to teach children with a broad range of special educational needs. I suggest that all teachers must be equipped with the skills to identify and support children with special educational needs, which should include specific learning difficulties such as dyslexia. It really is not good enough that we have a teaching profession that is not universally trained to understand the issues. There should be teachers in each school or each group of schools who are qualified to test for and identify dyslexia. Although I praise the work of SENCOs in schools, there is an urgent need for all initial teacher training programmes to include a mandatory module on dyslexia and other hidden disabilities. I hope that the Minister will reflect upon this point, and I know that my noble friend Lord Addington will press this important issue further.
When a young person enters higher or further education, their plan will not be “passported” with them. Although I welcome the extension of legal protections for young people with SEN up to the age of 25, as currently drafted, higher education institutions are excluded from the new framework. As I have been assured that the Government’s intention is to create a single system which supports the highest aspirations, surely this goes against the spirit of the Bill? It has the potential to cause delay, and will no doubt create unnecessary bureaucracy. I hope that the Minister will carefully consider that the plan should follow a young person, whichever setting they move to.
Finally, I followed with great interest the childcare ping-pong—or, as the Mayor of London would no doubt call it, the “whiff-whaff”—regarding reforms to childcare ratios. I now presume that it is game, set and match to the Lord President of the Council in this regard. Equally important is the need to give careful reconsideration to the introduction of a childminder agency system. The introduction of such an arrangement would mean that experienced childminders could be lost. Indeed, 71% of childminders have “outstanding” grades. They have built their own businesses and are now on a level footing with daycare centres. Currently, childminders are inspected every three years by Ofsted, but only every four years if they achieve “outstanding” status. However, as we have heard, under these proposals the agencies as organisations will be inspected while only a cross-section of their registered childminders will be inspected. There is a danger that childminders with less satisfactory standards will be afforded a higher status by virtue of their membership of a highly rated agency. When a parent chooses a registered childminder, they should be confident that the grade of the childminder reflects their talents. Can the Minister confirm that all childminders will be inspected by Ofsted, and not merely a cross-section of those who work for a particular agency?
As I said at the outset, the Bill is progressive in its aims and potentially life-changing for children and families in this country. By the way, when I was talking about the Oliver King Foundation, the word I could not bring to mind was “defibrillators”, so I was referring to defibrillators in every school. I hope that the Minister will reassure the House that the Government intend to revisit our areas of concern and, in so doing, ensure that the very promising provisions contained within the Bill will truly give families the support that they need when they need it most.
Baroness Grey-Thompson
My Lords, I welcome the Children and Families Bill and the potential that it presents to provide a real choice of educational opportunities for disabled children, young people and their parents. The Government stated in their Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability, that they wanted a greater choice of education provision than what is currently available. However, the reality is that choice of education provision remains something of a myth. In 2013, disabled students are still the only group that can be prevented from choosing to be educated in mainstream education. Disabled children and young people can be placed on the roll of a special school against their wishes and against the wishes of their parents, even when those parents have clearly expressed a preference for mainstream education.
The lack of choice for disabled children with SEN and their families is as real now as it was eight years ago when the Disability Rights Commission investigation took place in 2005. The charity, Working Families, which represents the parents of disabled children who were involved in the investigation, said:
“Parents of disabled children may be faced with a very limited choice of schooling locally. They may encounter difficulties in ensuring their disabled child is educated alongside their siblings if there is no appropriate provision”.
When parents opt for a special school place for their disabled child, there is no evidence that this indicates a preference for special schooling. In 2009, the Centre for Studies on Inclusive Education submitted written evidence in the form of a memorandum to the Joint Committee on Human Rights when it was looking at children’s rights. It stated that:
“The idea that parents do have a choice, under the present system, is in any case a myth. Children in segregated schools are often there because they have been rejected by their local mainstream school (if indeed they ever got as far as the door). Many parents who ‘choose’ a special school placement do so because they believe, or have been told by professionals, that mainstream provision is not possible for their child. In other words, that mainstream provision is currently structured in a way that it cannot respond to the diversity of learners. This means that many parents do not have the ‘choice’ of mainstream at all, rendering a special school placement an unwelcome inevitability. To say that they have chosen this is misleading and, potentially, insulting”.
Parents placing children in special schools do not see this as equality of choice; on the contrary, it is rather the outcome of discrimination that surely goes against both the spirit and the wording of the Equality Act public sector equality duty. This duty makes it very clear that statutory bodies, including the Government, local authorities, schools and colleges, are under a proactive duty to promote equality between disabled and non-disabled pupils in terms of both accessing and participating in mainstream education. An Alliance for Inclusive Education member who is a parent said:
“Unfortunately and against all my beliefs we have had to opt for a special school … If you segregate with disability then you are saying that these children should not have the same opportunity as so called normal children which in my view is discrimination”.
Local authorities are key in making choice in education, since they have the power to place children and young people with SEN on the roll of special schools. The reduction of funding available to local authorities and the increasing number of special schools being funded by the Department for Education through the academies and free schools programme will lead to greater numbers of disabled children and young people with SEN being placed in special schools. A disabled child on the roll of a mainstream school is likely to require the local authority to pay for additional SEN support directly from the local authority’s education budget. However, the cost to the local authority of a DfE-funded special academy school placement is nil, as spending comes directly from the department. The choice will therefore be driven by the need to balance the books, rather than by duties under the Equality Act. If the Government want real choice, there is a need to remove the local authority’s power to name a special school against the expressed wish of a family. This change needs to be reflected during the new education, health and care assessment and planning process, which will replace existing statementing.
The Children and Families Bill covers only the placing of children and young people with SEN in a mainstream school or college building. It does not cover what children and young people with SEN will learn while attending. Since the Academies Act, increasing numbers of children and young people have lost their entitlement to a national curriculum as academies are no longer required to offer it. The result is that children are denied access to a broad and balanced curriculum and are increasingly being placed on special courses. Effectively, instead of increasing choice, there is already a restriction of choice cascading down from post-16.
The Learning and Skills Council report in 2008 found that disabled people with learning disabilities were four times more likely to be enrolled on a segregated course rather than a mainstream accredited course, whether at college or sixth form. Since the report was published, little has changed. The Down’s Syndrome Association has expressed concerns that children with Down’s syndrome have been placed into discrete courses for students with learning disabilities and difficulties, without the opportunity even to consider mainstream accredited courses. If the Government want to promote greater educational choice, they must include a choice of courses.
As a vehicle for providing more choice, the personal budgets that will be made available for young people with SEN and their parents is welcomed. For the first time, children and young people with SEN will be able to use a direct payment instead of depending on the SEN provision to be arranged by the school, college or local authority. This will have an impact particularly on further education, as it should mean that young people will be able to purchase the support that they need while attending a course of their choice. However, for students in schools or post-16 there is still a snag, because they will need consent from the institution before they can make use of the personal budget, as required under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011. The unfortunate reality is that in today’s financial climate it is very unlikely that colleges and schools will provide consent for a personal budget request made by young people or their parents, as this will mean a reduction in their own budget. If the Government want to promote choice, then the parents and young person requesting a personal budget should be given one, as is the case currently with social care personal budgets. Only when young people have a personal budget will their choice increase—a real choice over which mainstream courses they want to attend.
For the Government to promote a genuine choice of educational opportunities, they need to remove and not increase the barriers that prevent children and young people from participating in mainstream education. If the Minister believes in choice of education provision, he should first consider the local authority’s power to frustrate children, young people and parents from exercising their choice of mainstream education provision. Secondly, the Minister should reconsider the options for schools and colleges to refuse families and young people with SEN the option of seeking a personal budget in lieu of support provided by the institution.
The reason why I am so passionate about this is because more than 30 years ago my parents fought for the same things that many parents fight for today. It is really challenging for young people who are trying to balance so many different options and for parents trying to make the right choices. It is vital that we allow parents to have real choice.
The Lord Bishop of Leicester
My Lords, as other noble Lords have said, there is much to welcome in this Bill, especially the important changes for looked-after and adopted children. I add the support from this Bench too for the broad ambition of the Bill to extend a greater level of choice, participation and long-term support for young people with special educational needs and their families. I declare an interest as a former chair of the Children’s Society and I am delighted that my successor, the right reverend Prelate the Bishop of Truro, will take part in this debate.
I want to touch briefly on three particular areas: care leavers, young carers and children with special educational needs. First, I am concerned that we may have missed an important opportunity during the passage of the Bill to make a much-needed change for care leavers. These are young people who are in need of special attention and ongoing support as they transition into adulthood. One particular category of care leavers who are seriously disadvantaged is those who are subject to immigration control. Many of those young people are here on their own with no parent or legal carer looking out for them and have come here from places such as Afghanistan, Somalia, Iran, the Democratic Republic of Congo and Eritrea to seek sanctuary. They have often lost their loved ones. They have experienced unimaginable violence and abuse. Some may have been recruited as child soldiers or have been exploited in multiple ways. However, when they come to the United Kingdom for safety, too often they are denied the protection they need due to the decision-making process within government departments. They can be left in a limbo where they are not recognised as refugees, but cannot return home because it is too dangerous for them to do so. As they turn 18, they get caught by immigration restrictions which put them at risk of being made homeless and going hungry.
A report by the Children’s Society entitled I Don’t Feel Human was published in 2012 and highlighted this issue by showing how young people who had come to this country on their own as unaccompanied children were ending up destitute and homeless. This was because they were being cut off from the local authority support as they turned 18 due to their uncertain immigration status.
Many of those young people are destitute and resort to self-harming and attempt suicide out of sheer desperation about their situation. We need to do what we can to ensure that those vulnerable young people continue to get the support they need as long as they are here. Would the Minister be open to exploring making an amendment to Schedule 3 to the Nationality, Immigration and Asylum Act 2002 to ensure that it does not apply to lone children and care leavers?
I want to say a brief word about young carers. The recent census from 2011 stated that there were approximately 166,000 young carers in the United Kingdom, but there is reason to believe that that is just the tip of the iceberg, as many young carers remain hidden from the view of the professionals. I know from my experience how many of them live lives that are profoundly restricted, demanding and exhausting, bearing responsibilities well beyond what is reasonable for their years. When the Children's Society looked into the long-term outcomes for young carers in its recent report, Hidden from View, it found no strong evidence that young carers are more likely than their peers to come into contact with support agencies, despite government recognition that that needs to happen. That research also found that young carers are 1.5 times more likely than their peers to have a special educational need or a disability. Young carers are more likely than the national average to be not in education, employment or training between the ages of 16 and 19.
That is why I welcome what the Children’s Minister in the other place said when he made a clear commitment to consider how legislation might be changed so that rights and responsibilities are clearer to young carers and practitioners alike in this important area. I also welcome his commitment to a “whole family” approach to the assessment of care needs. It is therefore important and encouraging that the Children’s Minister and the Minister for Care Services have come together to ensure that both the adults’ legislation in the form of the Care Bill and the children's legislation which we are discussing today can work together to allow for whole-family approaches.
Can the Minister update us on when we might see any proposed changes to legislation to support that approach? I would also welcome any update from the Minister about the work that his department is doing to support the linking of assessments across adult and children's services.
Finally, I would like to say a word about children with special educational needs. I welcome much that is here, but share the disappointment of the consortium of national specialist colleges that many of the amendments tabled in Committee in the other place proved to be unsuccessful. In particular, can the Minister provide greater clarity on the composition and functioning of the Section 41 list of providers that young people will be able to request for inclusion on their education, health and care plan? Can the Minister ensure that there is positive affirmation in the Bill that young people will be entitled to an education, health and care plan up to the age of 25 and ensure that local authorities will not end these plans too early?
On these Benches we warmly welcome the fact that the Government have chosen to give legislative priority to a number of very important issues that affect children and young people. We look forward to making our contribution to shaping this Bill in its passage through this House.
Lord Lingfield
My Lords, my comments today are concerned only with those aspects of the Bill, mainly in Part 3, that deal with children and young people with special educational needs.
Some 35 years ago the report of the noble Baroness, Lady Warnock, whom I am delighted to see in her seat today, paved the way for wide-ranging changes in the way that the state education system deals with children with special needs and disabilities. It is more than 30 years since the Education Act 1981 put in place many of the tenets of the current legislation and the system of statements of special needs. It is some six years since the publication of the second report of my Commission on Special Needs in Education, which I was asked to chair by the then leader of the Opposition, who is now the Prime Minister.
In the course of that commission, we noted that the extraordinary advances in medicine since the Warnock report and the 1981 Act mean that many more children, often with the most serious, multiple disabilities, now not only survive birth but can find much contentment in much longer lives with the proper attention, therapy, medication and—very importantly—education. During the commission we also heard from a large number of dedicated professionals and devoted parents, whose work on behalf of children with special needs is both heartening and humbling. Virtually every submission noted, and almost every witness from whom we took evidence believed, that radical revision of the provision for special education needs was long overdue. It is for this reason that I welcome the aim to create through this Bill a new legislative framework that better reflects the different circumstances that the decades since 1981 have brought.
In particular, I commend the Bill’s focus on extending the coverage of legislation from birth to 25 years of age, unlike the current system that applies only to the end of school-based education, at which point, to quote a parent giving evidence to us, the child will,
“fall off an educational cliff”.
It is particularly important that those in this older age group with profound and complex needs are eligible for the continuation of their plans, for there are few clear-cut educational opportunities for them and they are the ones most likely to benefit from the continued protection of their plans.
I very much welcome the Bill’s new provisions, mentioned by the Minister, to place a legal duty on health services to make the healthcare provisions specified in the proposed education, health and care plan. I believe—but I stand to be corrected—that in Scotland social care is also included.
I firmly support the provision for personal budgets and direct payments. I note with concern, however, that last month’s evaluation of the pathfinder local authorities carrying out this work at the moment reported that,
“many areas had found it difficult to develop personal budgets”,
and referred to the “limited take-up” of direct payments. In light of these assessments, I am sure that Ministers will be able to reassure your Lordships that they will redouble their efforts to address these concerns.
In his Written Statement to mark the launch of the Green Paper that preceded this Bill, my right honourable friend the Secretary of State for Education set out his aspiration for,
“a radically different system to support better life outcomes for young people; give parents confidence by giving them more control; and transfer power to professionals on the front line and to local communities”.—[Official Report, Commons, 9/3/11; col. 64WS.]
The expectations from the new legislation will therefore be very high among families and professionals working in this area, and among all those who seek to ensure that some of our most vulnerable young citizens are adequately supported. If they are not to be disappointed, we must satisfy ourselves that the legislation before us and the regulations and guidance that will follow it will allow these laudable aims for change fully to be met.
It is with this in mind that I want to highlight one of the main challenges I believe the Government will face in moving from what are commitments to actually implementing the legislation. I referred a moment ago to the recent evaluation report of the pathfinder local authorities. It is encouraging to note in it the efforts made by pathfinders to test the new processes provided for in the Bill, and to read that they,
“appear to recognise the advantages of working differently, and are positive about the impact of … changes”.
However, it is clear that pathfinder authorities have had to devote considerable time and resources to developing these new processes and that while there have been some encouraging findings from them, the pathfinders themselves encompass only a small minority of authorities—fewer than a quarter of those in England. As a result, even where pathfinders are able to make progress in putting in place elements of the proposed system, there is still a huge task ahead for these lessons to be communicated, understood and implemented across the vast majority of local authorities and, just as importantly, for these lessons to inform the regulations and guidance that will follow this Bill. I do not need to spell out the consequences of this being done inadequately. Experience suggests, I fear, that in many areas these reforms will be very slow indeed to take effect.
My final point today is that we must absolutely ensure, as we seek to put in place this radically different new system to which the legislation aspires, that we do not remove the current rights for parents and children under existing legislation. This is a point to which I will wish to return, as I suspect others of your Lordships will, as the Bill progresses through your Lordships’ House.
Baroness Massey of Darwen
My Lords, the social reformer Gertrude Tuckwell, writing in 1894, said:
“Among the social questions with which the nation has to deal, there is none, it seems to me, so important as … children”.
I agree, and I am pleased to be speaking in this Second Reading of a Bill which seeks to make life better for children. I know that is something which we across this House have always sought to do. However, the Bill has challenges to its implementation and I share the concerns of my noble friend Lady Hughes and those of the noble Lord, Lord Lingfield. We are experiencing severe cuts to services for families. Child poverty, by whatever measure we use, is increasing and is likely to increase further. Voluntary sector organisations point out risks to the Bill in relation to the potential fragmentation of local services, which may add to the onus placed on them, for example in relation to adoption and how the voice of the child and advocacy for children will be regarded. It will be important to assess these risks associated with delivery of the Bill; it will be equally important to monitor and evaluate progress.
There is much expertise in this House on all aspects of the Bill. I shall focus on four issues: young carers, kinship care, the Office of the Children’s Commissioner for England and the importance of supporting children to develop personal, social and health skills. Young carers have already been discussed eloquently by the right reverend Prelate. I simply repeat what he said by asking when proposals on young carers will come forward, given the positive response we had in another place.
Kinship care has been a long-running saga in both Houses and seems to stall regularly. Between 200,000 and 300,000 children are being raised by family members or friends, because their parents may be dead, suffering from addictions, in prison, or otherwise incapable. I have heard anecdotes from kinship carers when I was in a previous role concerned with drug addiction. Many carers who spoke to me were devoted and committed grandparents; some of them had given up work to care and in some cases their health and family life had suffered due to their becoming a carer in a crisis. Research has shown that children who live with kinship carers have better educational, social and emotional outcomes than those who go into other forms of care.
Grandparents Plus is concerned that Clause 1 removes the duty on the local authority to give preference to keeping children with their families. It also contravenes the right to family life and is not in the best interest of the child. The Minister indicated in the Commons at Report stage that the Government will bring forward their own amendments to Clause 1 to address these concerns. I know that the Kinship Care Alliance is keen to work with the Government on resolving this and I look forward to hearing of any progress. Other issues of kinship care include adjustment leave for grandparents and family carers, paid leave as equivalent of adoption leave, and parental leave for grandparents to support a family in emergency. We shall no doubt wish to return to such concerns at a later stage.
The Office of the Children’s Commissioner is a welcome addition, if somewhat late for England and not particularly well funded, but here we are. It is surely essential that the Children’s Commissioner has the power and independence to promote child rights and welfare, including for those children who have been trafficked or are in custody, and for those seeking asylum.
I am concerned about the independence of the Office of the Children’s Commissioner, in appointments and the powers to function. I have to say that I do not trust the Government to encourage independence in appointments. Some Members of your Lordships’ House have suffered from being in or tending toward the wrong political party, or being seen to be awkward, or criticising government actions. I include myself in that. For example, it surely cannot be right in a public appointment to exclude a notable sportswoman from appointment to a sports body because she criticised proposed policy in a welfare Bill. This is ludicrous. It is even more ludicrous when in one such set of appointments no women or people from ethnic minority backgrounds were appointed to an advisory board. This is not just about individuals. It is about fair principles of appointment to public bodies. I am concerned that such an important appointment as the Children’s Commissioner may be hijacked by these concerns about independence. We need to be vigilant.
Let me move on briefly to the importance of personal, social and health education in schools. We have discussed this many times. As I, the Minister, most of this House, parents and children and the industry know, PSHE is not just about sex education, even though the media would have us think that it is. PSHE is about helping young people to develop respect for self and others, communication skills and the self-confidence to learn. It includes developing a positive school ethos, and social policies such as anti-bullying, healthy eating, and positive relationships inside and outside school. The noble Lord, Lord Storey, spoke about the importance of policies on health issues such as long-term conditions for children, and I fully agree with him. Young people do not come separated between health and education.
PSHE provides information on encouraging skills and helping young people think for themselves about the kind of people that they want to be. The debate on citizenship introduced last Thursday by the noble Lord, Lord Cormack, highlighted the importance of community cohesion and the dangers of anti-social behaviour, and of drug and alcohol misuse. These are all relevant to PSHE.
PSHE should be required provision in schools. Pupils must surely be encouraged to have a framework other than media or friends and family to explore their spiritual, moral, cultural, mental and physical development, and to respect themselves and others. I shall seek support for an amendment to require schools to make provision for PSHE. It will be a simple amendment to paragraph 2.1 of the national curriculum framework, and I shall detail it at a later stage.
I look forward to our deliberations during the passage of the Bill. By the time it has completed its passage through this House much wisdom will have been shared, and I hope that agreements will have been reached. I look forward to the Minister’s response.
Baroness Hamwee
My Lords, in what my noble friend Lord Storey called a “progressive and promising Bill”, I will largely confine myself—today, at any rate—to Part 1. I should declare an interest because I was a board member of and legal adviser to Parents for Children, an adoption agency, many years ago and am a patron—one of several who are speaking today—of PAC, which deals with pre and post-adoption support.
Under the invigorating chairmanship of the noble and learned Baroness, Lady Butler-Sloss, I was a member of the Select Committee that played a sort of legislative leapfrog with the Government as they launched proposals into the public domain, so we undertook both pre and post-legislative scrutiny. What most impressed me during our work was the importance of early permanence and the increasing understanding of that and of the importance of identity: the need to know one’s identity and the need for parents to know and understand a child’s identity. It became clear to the Select Committee that many current concerns are more around practice than legislation. The logic of that should perhaps be fewer amendments, which will be a relief to the Minister. We shall see.
We heard that reforms already made to tackle delay in adoption need time to bed in, although they seem to be making a real difference. That went hand in hand with a warning that disruption caused by wholesale changes to the role of local authorities could significantly destabilise their implementation. I am far from convinced that removing local authorities from the adoption approval process is appropriate. Governments like to talk about a light touch; what is in the Bill is potentially very heavy-handed. Like others, I believe that joint working by local authorities with one another and voluntary agencies should be the focus, as well as dealing with what might seem marginal but are obviously quite significant difficulties, such as employment law, single Ofsted inspections and a number of other details.
It is unacceptable that prospective adopters should be deterred because an authority is small or is not willing to share, but better networking and collaboration across the sector must be the answer. I am entirely with the Association of Directors of Children’s Services, which talks about the shortfall not just in absolute numbers but in identifying suitable adopters and the benefit to be gained from local authorities going even further in their collaborative efforts on this. I believe that goes, in part, to pre-adoption support, which I will mention later. We also need to sort out any financial disincentives arising from the operation of fees.
I am very uneasy that the provision in Clause 3, which gives the Secretary of State a power of direction with regard to local authorities without spelling out the criteria for the exercise of that power, could mean that powers are removed from local authorities without certainty that the voluntary sector can cope. I do not think this is a matter for the market.
Going back to the beginning of the Bill and to something that several noble Lords have mentioned, the Bill states that when the local authority is “considering” adoption for a child, it must before doing so consider fostering for adoption. I, too, look forward to hearing what the Minister will say on this. The more I think about it, the less clear I am about what “considering” means. It is not a technical term. The Government’s own guidance says that the point at which it is appropriate to plan for adoption varies from case to case.
I am also worried about the presumption later in the Bill that the involvement of a parent in the life of a child will further the child’s welfare. If the child’s welfare is a paramount consideration, as it is, must be and must remain, how can there be a presumption?
I will continue to sing the Select Committee’s song with regard to ethnicity. The existing framework does not prioritise ethnicity. I do not believe in legislation being used to give messages, but I think that sometimes if you repeal legislation, it does give a message. I agreed with the committee that retaining ethnicity as a factor, listing it as part of the welfare checklist, is important. It is about understanding identity. We heard from the chief executive of PAC in the following terms:
“It should not just be that there has been an attempt to find the right racial family for this child, it has not been possible, and so any family will do. It has to be a family that understands and has committed themselves to that journey”.
That is one of a wide range of issues on which both the adoptive person and the adoptive parent may need support—something that I cannot stress too strongly. I look forward to looking at how the proposed personal budgets will work, given that the availability of sources of support is at least as important. I noted that the amount of the budget comes higher in the list of matters for regulation than description of the services.
During the course of the Bill, I intend to raise the matter of access to information by the descendants of adopted persons, which I know also interests the noble and learned Baroness, Lady Butler-Sloss. I do not have time to go into it this afternoon, but I understand that the Ministry of Justice is concerned about the scale of the issue. I also know the commitment of my noble friend Lord McNally to freedom of and access to information.
I end with the issue of contact. I was very interested in a report that many noble Lords will have received recently from the University of Oxford and the University of Sussex about what is important in contact. I picked up a lot about the child’s voice being heard. I have pretty much unbounded admiration for people who foster or adopt; it is almost beyond my imagining. I also have a lot of admiration for the social workers involved and for the children who cope and contribute to their own success. It was salutary to hear the point from children during our work on the Select Committee, some of whom said, “They don’t listen to me, because I’m a looked-after child and they are professionals”. Another child said, “People listen only to what they want to hear”. In our scrutiny of this Bill, we need to listen to children very carefully.
Lord Rix
My Lords, last Wednesday the Minister discussed the Children and Families Bill at the weekly meeting of the Cross-Bench Peers. I was particularly interested in Part 3 and the provisions affecting children and young people with special educational needs and disabilities. I asked how the local authorities who were trialling the provisions for this group—pathfinders, as they are known—were progressing, but no one seemed to have a clear idea of the present position, unlike the noble Lord, Lord Lingfield, who obviously has studied the situation. I, too, have looked into this matter and believe that noble Lords might like to hear my findings.
The evaluation of the pathfinder programme’s Process and Implementation Research Report, published last month, shows that 18 months into 29 pathfinder projects, one pathfinder had still only partially developed a project plan while two pathfinders had only partially agreed a clear set of objectives and partially sorted out a project board and governance structure. Similarly, six had not fully established commitment to share education, seven to share social care and 14 to share health resources. The report highlights plenty of good practice and plenty of good will, but it also highlights slow responses in creating the kind of change that it is expected in the Children and Families Bill will happen very quickly.
Furthermore, the pathfinder group of local authorities was given additional resources and support, and volunteered to make changes. However, this current legislation is not going to provide additional resources for the remaining 297 local authorities. It is being introduced at a time when the authorities are restructuring their health and education provision to meet entirely different government priorities. It is being introduced by local authority staff, many of whom are having their services outsourced and having to establish new consultancy and contractual agreements across a whole raft of provision, and all of whom are having to deal with profound levels of financial cutback. What will their priority be? Will it be in delivering this new service, in meeting the demands of this legislation? It is extremely likely that, in many cases, local authorities will not consider this a priority and, as such, numerous children and young people, their families and the professionals with whom they work will pay a very high price.
Education, health and care plans will replace statements of special educational needs. As currently drafted, the special educational provision set out in a plan must be secured by the local authority. The Government have amended the Bill to place health commissioners under a duty to arrange any health provision set out in a plan. However, as has been mentioned by the noble Baroness, Lady Hughes, this leaves social care as a poor relative. It remains the only part of the plan that is not enforceable.
As president of Mencap, this is of great concern to me and others, as the majority of children and young people with a learning disability need some form of care and would benefit immensely from placing the social care part of the plan on an equal footing, thus leading to the longed-for joined-up support. Without this, parents will continue to find themselves battling to secure the appropriate support for their child against a cash-strapped local authority and with the most complex demands to meet before they can obtain such support.
Clause 37, among other things, sets out what education, health and care plans might specify. Explicitly, there is mention of the future outcomes to which a child or young person might aspire. However, there is no mention of work-related outcomes. The transition from education and training into work is a difficult one for people with a learning disability and simply does not happen for the vast majority. Indeed, fewer than 7% of people with a learning disability known to social services are in any form of employment, despite the National Audit Office declaring that,
“supporting one person with learning disabilities into employment could, in addition to improving their independence and self-esteem, reduce lifetime cost to the public purse by around £170,000”—
that is per person—
“at today's prices … and increase their income by between 55 and 95 per cent”.
The Government have affirmed their commitment to continuing support to those on education, health and care plans who are undertaking an apprenticeship. However, that needs to go further. Many people with a learning disability are unable to access apprenticeships because of difficulties in achieving the English and maths elements of the framework. Supported employment is a personalised approach to working with people with significant disabilities. This support enables them to access and retain open employment, focusing on learning in the workplace and shaped around the individual’s particular support needs. It is a widely recognised and well evidenced approach, and one that the Government support as best practice. I hope that the Minister can comment on why currently this is not mentioned in either the Bill or the accompanying Explanatory Notes.
It goes without saying that I support many of the points raised by my noble friend Lord Low and other noble Lords on other areas, such as strengthening the local offer, introducing a single point of redress and protecting current rights and entitlements. The aspirations of the Bill are bold and should be welcomed. However, if they are to be realised, substantial improvements are needed and appropriate resources must be provided to support the relevant agencies. In addition, social care must be put on an equal footing together with education and health. I hope that the final version of the Bill does just that and that the Government do not shy away from the real improvements that children, young people, families, professionals and so many of us here wish to see.
Baroness Gibson of Market Rasen
My Lords, this Bill is large and comprehensive and, as such, it is a bit like the curate’s egg. It is good and bad in parts. One very good thing is that it provides us with a chance to debate reforms to current laws and, one hopes, reach cross-party consensus on many new issues. There are a number of parts of the Bill that I welcome and believe will improve on our current legislation. For example, there is the strengthening of the office of the Children’s Commissioner for England with the remit to promote and protect children’s rights. Any strengthening in this area is surely to be welcomed. In particular, it is to be hoped that the commissioner will have sufficient funds to carry out his or her duties and that as few constraints as are reasonably possible are placed on his or her activities and priorities. I hope that a key part of the commissioner’s role will be to raise public awareness of children’s rights, publish an annual report on the work of the commission and recommend action to improve the position of children in England wherever this is needed.
I also welcome the right for workers to request flexible working time, particularly the new timing requirement on employers to respond within three months to such a request. The proposed code of practice must not water down the guarantees and provisions that cover employees. For example, it must include a proper conciliatory meeting, the right to be accompanied at such a meeting and the right of appeal. These are fundamental rights for workers that must continue.
However, like all new legislation, this Bill has omissions, and changes will be needed as we debate. I will start by looking at the area of adoption, where I welcome the removal from local authorities of explicit duties to consider a child’s religion, racial origins and cultural and linguistic background when placing children for adoption. I also welcome proposals to cut the length of time that it takes to adopt a child. As we have heard, it takes around two years for a child in the care system to be placed for adoption. That is far too long. It goes without saying that the best interests of the child must be paramount, and speed should not come before considered decisions of the adoption of individual children. However, unnecessary delays in adoption are not in the best interests of the child, who needs a stable, loving and caring environment.
I am the grandmother of two adopted siblings, a boy and a girl, who have brought unlimited pride and pleasure to our family. Rightly, my daughter and her husband were interviewed and examined thoroughly before my grandson was adopted. But having already proved their suitability as parents for him, the same unwieldy process was carried out again when they applied to adopt his sister four years later, so she was not able to join our family until she was nearly a year old. This seemed to be a really unnecessary delay. If the adoption of one child proves successful, surely the suitability of the parents to adopt again is evident. I would therefore back any government action to reduce unnecessary delay in adoption.
I turn now to special educational needs and related issues. I am a little bemused and have some queries about the proposals relating to SEN. The first questions relate to the local offer to be made by local authorities regarding support for children and young people with SEN. How exactly would the children, young people and parents be involved with the offer and the personal budget? What will happen when the personal budget is spent? Who turns to whom? Would there not need to be a professional input into preparation of the budget? Finally, how can it be ensured that a postcode lottery does not develop regarding this budget?
I turn now to a clause proposed but not carried in the other place, relating to a requirement for schools to draw up specific provision for children with medical conditions such as asthma, diabetes or cancer, as has been mentioned by other speakers. Such children need there to be staff at school who know how to meet their medical needs. They may or may not need educational support but they certainly need medically aware staff. This can be a life-or-death issue.
About a month ago, my grandson, who has had asthma since he was very small but appeared to be growing out of it—he is now 14—had a bad attack while at school. The procedure that had been agreed between my daughter, who is his mother, and the school was not followed. The result was that my grandson had to text his mother to say that he did not feel well enough to travel home by bus, his usual way of travel. When my daughter arrived at the school by car, she found him alone in the playground, gasping for breath. She tried to drive to the doctor’s surgery where she knew that the necessary steroids were kept, but his oxygen level decreased rapidly. Instead, she drove further to the hospital, where eventually he stabilised. The teachers on duty that day had not recognised his needs. He could have died.
A clause such as that proposed in the other place is not only necessary but essential. It is also essential that specified teacher and support staff receive medical training for such emergencies. Economically speaking, this is sound and would save hospitalisation and reduce demand on already-stretched resources. Socially speaking, it is vital to ensure that all our children are as safe as possible in the school environment. I hope that we can reconsider such a clause.
Lord Patel
My Lords, I wish to speak about Part 3, which is mainly concerned with the reform of special educational needs and disability.
I commend the Government for recognising that the system with which families have to contend to secure the right services for their children is adversarial and in need of improvement. The many, many charities and organisations—such as Together for Short Lives; CLIC Sargent, a charity that deals with children with cancer; Scope; the National Deaf Children’s Society; charities related to children with autism; and many others—have highlighted through the evidence that they have gathered that the disjointed system of care presents many challenges for the families of children with life-limiting conditions.
There are nearly 39,000 children and young people with life-limiting and life-threatening conditions. Up to 1,600 children aged up to 15 and 2,000 aged between 16 and 24 are diagnosed with cancer each year. Nine out of 10 of these children feel that their diagnosis and treatment make a difference to their school lives. Many others have other serious and life-threatening conditions. Children who have different needs and require complex, individualised health interventions also need additional social care and educational support. The families of these children routinely deal with more than 30 professionals, from education, social care, health and other services. Communication between agencies is generally inadequate, adding further stress to families and children. While this is stressful for families of children with disabilities and long-term conditions, for families whose children’s lives are likely to be short it is particularly distressing. One parent said:
“It’s a minefield and you get frightened going through it. Services don’t join up and people don’t explain things to you. They don’t tell you what all the services actually do. By the time I had made it all fit together my child had passed away—that makes me sad that he could have had so much more out of life”.
Evidence shows that for these children the best outcome is achieved when there is an effective partnership between parents and services and care is co-ordinated around the needs of the child. I felt the Government had got it right when they proposed integrated health, education and social care assessment plans, improving joint commissioning between local agencies. Alas, the Bill was changed and I concur with the comments of the noble Baroness, Lady Hughes of Stretford. The Government have withdrawn to a position in the Bill whereby only children who have special educational needs will be able to benefit from these reforms. Why did the Government change their mind?
Many children with complex health conditions, including cancer, cystic fibrosis and many other diseases mentioned by other noble Lords would benefit from a single education, health and care plan—the so-called EHC plan—but would not meet the requirements for a SEN statement. It cannot have been the Government’s intention to exclude these children. It also flies against the recommendation made by the Education Select Committee in the other place and the Government’s stated aim to remove the graduated approach to SEN. Up to a quarter of disabled children do not have a SEN statement. What plans do the Government have to integrate assessment and services for this group of children?
Clause 30 requires a local authority to produce information on education, health and care services “it expects” to be available locally, known as the “local offer”. This has the potential to speed up access to services and to increase confidence in the system. The added provision to assist children transitioning from childhood to adulthood is to be welcomed. However, Clause 30, which deals with this, is not strong enough to ensure that the benefits of the new local offer will be realised, as other noble Lords have commented. First, a local authority will have to set out only the provision “it expects” to be available in the local offer. That wording is not strong enough to provide redress for parents or young people if those services are not available. Secondly, there is too much scope for variation between local areas in services that will be specified. Clause 30 would be strengthened by a legal duty to provide what is set out in the local offer, which would enable parents and young people to challenge local authorities. I hope the Minister is sympathetic to that, as the feeling is quite strong that such a duty should be in the Bill.
Also required in the Bill is a common framework to inform the development of each local offer. I am concerned, too, that the Bill’s focus on education means that a once-in-a-generation opportunity to join up services for all disabled children and young people, particularly around the transition from children’s to adult services, is being lost. Young people between the ages of 18 and 25 who may move in and out of education or leave education altogether will not have access to a single EHC plan and will lose access to support. This will include many young people who need palliative care who, owing to the complexity of their conditions, do not continue in education. This Bill, in addition to the Care Bill, which we continue to debate in Committee, will bring about two different systems for young disabled people who transit from children’s to adult services in England, depending on their educational status.
The Bill provides an opportunity to ensure that young people with complex conditions, or diseases such as cancer, up to the age of 25 continue to have access to an EHC plan, regardless of their educational circumstances. I hope that the Government feel sympathetic to this and that they take this opportunity to ensure that it happens. I look forward to the Minister’s response.
Baroness Perry of Southwark
My Lords, in this debate many noble Lords have already put forward serious issues for the Minister to consider and they have suggested additions that they would wish to see. I know that the Minister will reply to their questions with his usual care and courtesy, and I myself have certainly listened to them with great sympathy. However, the Minister may have nothing to say to me, as I simply want to give a very warm welcome to the Bill. Indeed, there are some provisions in it that give me more pleasure than anything I have seen in the past 20 or so years.
I should like to mention just three provisions which are especially relevant to women, because I believe that the women of this country should celebrate them. In certain areas, they represent a huge step forward, for which we have been fighting for over a generation.
Like many women, I wrestled for many years to balance the responsibilities of a demanding job and the needs of, in my case, four young children. I owed a duty to my employer to give as much time as the job demanded, and I both owed a duty and cherished a wish to be with my family, enjoying their company, as much as I possibly could. I used to say that I lived with a permanent sense of guilt: if I was with the family, I felt guilty about the job, and if I was in the job, I felt guilty about my family. In those days, there was no flexibility in work at all. The hours were fixed, and the expectations of my bosses were for many more hours than the contract strictly required. The very idea that one might plead, for example, an important speech day at one’s child’s school as a reason to leave work a little early was just unthinkable.
Over the years, many employers have become more enlightened, and slow, welcome progress has been made for many lucky workers. Now, there is a wonderful provision in the Bill that gives everyone—men and women—the right to flexible working hours. Work at home on occasions when there is something important to get done quietly without losing time in travel or interruptions from colleagues? Yes. Start late to be there for the children as they go off to school? Yes. Or start early and leave early to be there when they get home? Yes.
How many women have worked through their lunch break to complete a task so as to leave in time to pick up children from school? An American friend of mine who is a very senior banker told me that her bank had recently conducted a study into the work patterns of its employees. She told me, “We found that the first 10 or so people out of the door at close of business were all mothers of young families, and we were very concerned about that. But then we found that those women actually put in more hours in a week than most of their older or male colleagues because they worked straight through their lunch hour”. Now, there will be no need for such stress. While of course these are welcome provisions for both men and women, we know from many studies that in a majority of families women still bear the principal responsibility for childcare, so this is indeed a policy for women to welcome, and I welcome flexible working.
The second area which is good news for women, although it is one where, again, both men and women benefit, is the provision for shared maternity leave. In the past, and for many still today, coming home from hospital with a newborn means at best only a few days with a partner’s help to cope with sleep deprivation and physical weariness. After those few days, the young mother is on her own, often reaching exhaustion at the unremitting responsibility of meeting the demands of a baby.
How wonderful for the new mother now, thanks to the provisions in the Bill, to have several weeks to share the burdens, as well as the joys. How right it is for the child to be able to bond with both parents in those precious early days. The Bill gives infinite possibilities in sharing the 12-month entitlement: time together at the start, and the remaining time perhaps split so that each parent can spend time at home with the baby while the other works. What a welcome and wonderful offering this is.
I do not share the negative doubts of the noble Baroness, Lady Hughes. I am sure that many fathers will welcome this provision. Many men regret the lost opportunities to spend time with a much loved small child. This Bill gives fathers the opportunity of a proper shared role in bringing up a small child. In so doing, it may even provide one more valuable shift in the balance of the roles of men and women in families, helping more young parents to stay together as their children grow up.
The third area where I believe this Bill will be welcomed by many women who care about the emotional and social welfare of children is the presumption of equal access for both parents after separation and divorce. All too often in recent years, the assumption has been not only that the welfare of the child implies that they live with their mother but that the wishes of the mother are paramount in determining what access is granted to the father. Denying a child adequate contact and time with both their parents is not in that child's best interest. The sense of self-worth and confidence in any child comes primarily from one's parents, and continued contact with two parents can strengthen a child's confidence, even after the trauma of divorce. I was interested to read in the Sunday Times the words of Penelope Leach, a guru of childcare in the 1980s and 1990, who said—rather surprisingly, coming from her—that even bad fathers should, with proper supervision and safeguards, be allowed time with their children, because that contact is so important for the child. Although some angry divorced mothers may—understandably, perhaps, in some cases—resent this provision, it is contrary to all we know about the interests of a child to allow any mother to use her children as a weapon in her anger against their father. I am confident that the overwhelming majority of mothers, who see how much their children both love and need their fathers, will welcome this measure. I am proud that the coalition Government whom I support have brought forward what I believe is an excellent Bill for women and for families.
Baroness Morris of Yardley
My Lords, I will address Part 3 principally in this debate on Second Reading. However, I acknowledge that many of the other parts of the Bill offer a great deal and I look forward to discussing them in Committee, particularly after the comments made by the noble Baroness, Lady Perry. I often find myself following her in these debates, and I think that this is the first time that I have agreed with almost everything she said, so perhaps this is a very different sort of Bill than we normally discuss.
I welcome this Bill and its intentions. I think that there are many good things in it. We make a lot of speeches about two things: raising educational standards and closing the gap. It is closing the gap that we have always found very difficult, and at the bottom of that gap are very many of the groups of children and young people whom we are trying to assist in the Bill. They are children who need to be looked after, children who have a disability, children who have a special educational need and children who have had difficulty in early family life. If we can get that right, we as a nation will do a great deal to achieve our larger educational aims of raising standards across the board. I therefore welcome this Bill.
A look at special educational needs and the statementing process is somewhat overdue, so I very much welcome this provision and, indeed, some of the details. I do not quite buy into this idea that it is a revolution or that it is a chance in a generation. I do not see it that way because, when you look at what is in the new education, health and care plans, they essentially are trying to do the same thing as statementing did but in a different way. That is happening because statementing did not work as well as we would have liked it to work. The players are still the same—the health authority, the schools, the education services, the care authorities and the parents. There is no new player in this mix. The plan comes at it in a different way to try to make it work.
What annoys me most about this is that it is about some very fundamental things in education: identifying a child’s strengths and weaknesses; setting objectives as to how they might improve and how their needs might be met; reviewing progress; and working with the family to do the best we can for the child. That is done every day in every school for children who do not have special educational needs. It is the nature of good teaching and the nature of a good school. What we fail to do, right across the parties and right across society, is to try to make that system work for children who have extra needs. For them, the co-ordination does not work, and they need it far more than many children without SEN. I see this as another step along the road in the journey to try to get better at delivering this. Nevertheless, we are far better than we used to be 20 or 30 years ago, so it is not always a bad story. If we do that, we can then perhaps get on to debating the things that we debate for children who do not have SEN, such as pedagogy, curriculum, and all those things that will raise standards.
If we are to get this right, we have to understand why integrated working has never happened before. Let us be clear: it has been open to the authorities and the powers that be to deliver what is in this Bill before this Bill arrived. If health, social care and education legislators had wanted to deliver a seamless service for children with special educational needs, they would have done it; and it is a shame that they have not done it. We are trying, all together as politicians, to find a legal structure to make it happen. I think what we can best hope for is a change of culture so that people actually say that it is a priority, that they want to make it happen and that they will roll up their sleeves and do it.
I think that, in the past, three things have gone wrong—or, rather, have been less than perfect. If this Bill helps those, it is a success; if not, it is not. One is the relationship between the different services as to whether they work. Too often in the past, education has had to beg the other services to take note. That is because the priorities have not been aligned and the budgets have not been aligned. Quite honestly, health and care professionals go to work without often thinking that SEN children are at the top of their priority list. A group of education officers go to work knowing that they are at the top of their priority list, and they have had a hell of a difficulty trying to get others to pay attention.
The second area that has not been right is responsibility and accountability. If you are not accountable for what you are meant to do, the chances are that you will not do it. The third thing has been resources. Quite honestly, we have raised expectations for children with special needs and their families that we would give them a tailor-made plan and deliver it, and it has not always happened. So, as we go through the Bill, my test for its success will be as follows. Does it make the relationships work more effectively? Does it put responsibility and accountability in the right place? Will the resources be there to make sure that we deliver?
There is a lot to welcome, particularly taking the plan to age 25 and the efforts to make the voice of the child stronger within this whole process. However, I will concentrate on some things that I want to look at as we go through the Bill that I think deserve further consideration. I either do not quite understand them or am against them—I have not quite made up my mind. Some have already been mentioned, such as the groups of children left out of the Bill, children with SEN, children with a disability but without a special educational need, and minimum standards for care plans—I will not say too much about that because it has been mentioned.
I will pick out two points that have not yet been mentioned. One is the qualification for SENCOs. I welcome that very much. I find it strange, given that we have just dropped the mandatory qualification for headship, that we are now putting in law a mandatory qualification for SENCOs. Nevertheless, I welcome it. It looks, to me, as though teachers teaching children with special educational needs will still be able to have no qualified teacher status at all. I do not understand, if we are making it a requirement for SENCOs to have two qualifications, why those who are teaching the very same children they are organising would be allowed to do so without QTS. Perhaps the Minister could comment on this.
My second point is about pre-school learning. This is the second time that this Government have dropped the requirement for a group of education providers to be inspected by Ofsted. I am a great admirer of Ofsted; I think it plays a good part. The first time this was done was with schools which had got outstanding Ofsted inspections. I did not agree with it but I could see the rationale behind it. I cannot see the rationale for some childminders not to be subject to Ofsted when we cannot guarantee their quality. Nevertheless, I welcome the broad thrust of this Bill and very much look forward to the debate that I suspect we will have in Committee.
Baroness Sharp of Guildford
My Lords, I, too, welcome the broad thrust of this Bill. It is a wide-ranging Bill with much in it to welcome. As always, the devil is in the detail. As the Minister made clear, it is a Bill that, unusually, comes to us having had considerable scrutiny in the other place, partly as a result of the work done in this House by the Select Committee on Adoption Legislation, and the adoption clauses have taken much that it recommended. Parts 6, 7 and 8, on paternal leave with flexibility and so forth, mentioned by my noble friend Lady Perry, owe a great deal to my honourable friend Jo Swinson in the other place.
As is the case with many noble Lords, my interest in the Bill centres on Part 3 and special educational needs. This is because I have been for some time a governor of a primary school in Guildford with responsibility for special educational needs. As such, I shared the frustration of my honourable friend Sarah Teather when she was the Minister responsible for special educational needs at the Department for Education and published the Green Paper, Support and Aspiration, which preceded this Bill. She said that the aim is to stop the agonising battle that parents face in going from pillar to post to get the support they need.
Now we have these education, health and care plans which are to replace statements and aim to provide the joined-up thinking and action that have so often been absent in the present policies. These plans are now, where appropriate, to apply to all children from pre-school through to 25, an extension which I welcome particularly because we all know that early intervention, if possible, can be the most effective action. Many of us have seen cases of young people leaving school or college at 16 or 18 who have sorely needed extra support and help and have not had it.
I am concerned, however, about the group of children who are currently classed as having special educational needs but do not merit a statement—those who are under school action or school action plus, as it is called. They are in the majority because of the 1.4 million children in this country classified as having special educational needs, 85% are under school action or school action plus and will not get statements. Can the Minister clarify the situation? My understanding is that, as now, the school will be responsible for providing services for these people and, in particular, it will be for the SENCOs mentioned by the noble Baroness, Lady Morris, to make sure that these young people receive the services they need.
Many primary schools, such as my own, concentrate now on individual learning plans and some very good, school-based plans are put into action. However, this puts a great deal of emphasis on the training of the SENCOs and teachers in schools to be much more knowledgeable about special educational needs, a point mentioned by my noble friend Lord Storey. We need to be aware that these young people will still have needs that need to be addressed by the school and that the school will not necessarily receive the support from the local authority that it has had in the past. I understand that schools will be able to use the local offer outlined in Clause 30 but that local authorities do not have any longer a responsibility for providing specialist services to the schools which have backed up the SENCOs. I wonder whether this will cause some gaps in services that we ought to be aware of and consider.
Like others, I welcome the idea of joined-up thinking and the bringing together of health, social care and educational needs. In the past, in my experience, there have been many letdowns on the health side. We have not had the speech therapy or educational psychology support that we have wanted from the National Health Service. I am delighted that it now has a duty. I echo those who have suggested that there ought also to be a duty to provide on the social care front and I would like to see that.
I am worried about the local offer under which the local authority has to set out information about the education, health and social care services it expects to be available locally. However, there is no requirement on local agencies to provide these specific services and I share the doubts expressed by many of those who have been briefing us as to whether, given the financial pressures on local authorities and the general running down of their education departments, local authorities will be in a position to offer a comprehensive spread of services. The Select Committee in the other place called for minimum standards to be put in place for this local offer and I wonder whether the Minister can tell us whether the department is minded to heed this recommendation.
I am particularly concerned about the position of further education, where there seems to be a number of barriers in the way of creating the seamless transition to which we all aspire. One such barrier is finance. The new funding system which came into play this year is proving exceptionally difficult and complicated to deal with. Many colleges are finding it extremely time consuming. They often have to negotiate funding on an almost student-by-student basis. This is very awkward, especially when they are dealing with a number of local authorities. Can the Minister give any assurance that these funding issues will be resolved before the new education, health and care plans come into operation next year?
There is also a question as to why the words “must have regard to the young person’s age” are used several times in the Bill in clauses relating to financial decisions about support for those over 18. The danger with such words is that they provide, as some have put it, a get-out clause for local authorities in denying a young person the particular support services that they need—for example, special support on transport or something of that kind.
I wish to say a brief word about specialist colleges—the group of colleges, residential and non-residential, which provides specialist services for people with specific disabilities, such as the deaf and the blind. They are often centres of excellence in dealing with disabilities which require high levels of support. They are pleased to see Clause 41, which places responsibility on the Secretary of State to draw up a list of accredited independent and specialist providers that young people and their parents can choose to access. Can the Minister provide any details about when this list will be drawn up; what criteria will be used in selecting who is on it; and whether there will be any appeal procedures for those institutions that do not appear on the list but feel that they should?
Finally, I am not clear why higher education has been excluded from these proposals. If the education, health and care plans are to apply to all those studying in further education up to the age of 25, why do they not apply to students in higher education? There would be many benefits if these plans continued through university, including avoiding the need for further reassessment and assuring everyone that co-ordinated support continues for young people even when they move away from home. It is entirely logical for universities to be included within the same framework.
Baroness Howarth of Breckland
My Lords, I say to the noble Lord, Lord Storey, that I hope that this is not the once-in-a-lifetime opportunity to debate the progress of childcare issues for the future. I have been in the House for 13 years and have lived through a series of different Bills. Each Bill has brought progress and movement forward, just as this Bill will. However, it leaves huge gaps which, I hope, will be looked at in the future. Rather like the noble Baroness, Lady Morris, I think it is great but it is not Utopia.
The Bill has a very good heart that has three major heartbeats. Placing decision-making for children at the centre of policy is something that the All-Party Parliamentary Group for Children has asked Ministers to do for a long time. We shall continue to press Ministers to do that. Listening to children is also central. However, it is only for some children because there are circumstances outlined in the Bill under which young children, if they are particularly disabled, are excluded from being heard in relation to some of the wishes they may have about services. I know from working with children that you can hear quite clearly what they have to say from a very young age. The most important heartbeat is about working together. It was very heartening to see the logos of three different departments at the top of a letter from Ministers. I only hope that that indication of working together will continue throughout what we are trying to do here, because there is so much to be done.
I begin by asking the Minister about the strategic thinking for the whole context of children’s planning. I have a dreadful cold, so if I suddenly stop it is because my voice has gone. I am very concerned about the issues facing those who are in the front line, working with troubled families. By troubled families I do not mean the technicality that people seem to mean, but all families with troubles. This work requires real maturity, knowledge and skill. It requires an understanding of child development and family dynamics, and how they interact with culture as a whole and with a child’s environment. For social workers, independent reviewing officers, under-fives workers and many others, including teachers who are engaged in this work, there is a very high personal cost. There is sometimes a very high cost indeed in terms of the possibility of career difficulties.
We all know that local authorities are coping well in tough times. They have exciting new methods of delivery, but it is clear for all to see that with the next round of cuts, authorities will be on the verge of not coping. I wonder what the Government will do to ensure that children’s services are protected. It takes only one mistake to end a child’s life or a worker’s career. As someone who has lived through three childcare inquiries—which I am sure is not a confession I should make too easily—I know the impact this can have on an individual. I heard about high case loads when I sat on the Select Committee on Adoption Legislation, which was chaired by the noble and learned Baroness, Lady Butler-Sloss. I know about people with workloads that led to mistakes and then to their being blamed. As a community, at some point we must do something to ensure that those services are safe.
The noble Baroness, Lady Sharp, mentioned the splitting of funding for the 16-25 age group between education and social care. I declare an interest as a trustee of Livability, a charity which among other services provides colleges for severely disabled young people. The split in funding between education and social care, which occurred a couple of years ago, is already having a real and perverse effect. When those funding packages were joined together they made sure of provision for young people who are severely disabled. These are not the kind of children whom the noble Baroness, Lady Grey-Thompson, talked about, those with the capacity to integrate into schools, but those who need personal care and nursing care as well as education.
That split means that any organisation working in this field must now go through extraordinary negotiations regarding both education and care. For many charities delivery is now becoming far too complex and expensive, with a significant loss in placements. Even if the Government try to develop a plan that integrates healthcare and education for this group of young people, I fear that the services will no longer be there. I know that there are charities other than my own which are thinking of closing these establishments, because it is just too difficult to continue the planning.
I do not want to spend too much of my time discussing links between healthcare and education, because the noble Lord, Lord Storey, and the noble Baroness, Lady Gibson, already mentioned the amendment put forward by the Health Conditions in Schools Alliance. The alliance represents the needs of a million children with special conditions. The noble Baroness, Lady Gibson, very eloquently described her own experiences in that area. I am a trustee of Little Hearts Matter, a charity which looks after children who have half a heart. I know from personal experience how very difficult it often is for parents to have their children’s needs heard when they are in school.
The Bill includes a duty for local authorities to appoint an officer who will promote the,
“educational achievement of children looked after by local authorities”.
Why can we not somehow add some requirement that they also care for children with special needs? We must ensure that they are not overburdened, but a little lateral thinking is not beyond the bounds of possibility.
I am not going to spend a lot of time on Part 1 of the Bill, although I shall take part of it in detail. As I mentioned, I sat on the Select Committee on Adoption Legislation, and I want quickly to make one point about this. The political emphasis on adoption has led to a missed opportunity to provide services across the care system, as adoption will not be suitable for a variety of children. Guardianship and long-term fostering have been shown to provide equally successful outcomes. As we said in our report,
“all routes to permanence merit equal attention and investment.”
That is also true when a child has a good enough family of their own, which simply needs support.
Time has run out, so in conclusion I want to say a word about parental involvement. The Government have specifically said that ensuring the involvement of both parents in the upbringing of their children does not mean 50:50 splits. The reference to shared parenting in the Bill has been removed, for which I personally am grateful. When considering certain private law applications the court is required to presume that the child’s welfare will be furthered by the involvement of both parents in the child’s life, unless it can be demonstrated otherwise. The devil is in the detail of that sentence,
“unless it can be demonstrated otherwise”.
I have spent eight years as chair and deputy chair of CAFCASS, and I know what dangerous parents look like. They are not always easily identifiable. We must have great care about anything that undermines the paramount importance of the welfare of the child.
Lord Touhig
My Lords, with some improvements, which I am sure will be proposed in Committee in your Lordships’ House, the Bill has the potential to be a landmark piece of legislation. I begin by welcoming the Government’s stated intention of improving the special educational needs system for children, young people and parents. I declare my interest as a vice-president of the National Autistic Society. I know from its work that the current system is letting down too many children, with devastating results. Just one in four young people with autism accesses any form of education or training after school. Only 15% of adults with autism are in full-time employment, and 26% of graduates with autism are unemployed. That is the highest rate for any disability group.
Given these figures, it is no surprise that the Bill is eagerly anticipated. The sentiments in the 2011 Support and Aspiration Green Paper were encouraging. I pay tribute to the then Children’s Minister Sarah Teather, who promised that parents would no longer have to fight for the services their children need. Her successor Edward Timpson has said that the Government would,
“be maintaining and, in some cases, extending key protections and entitlements that matter to young people and their families”.
Therefore, expectations are very high indeed. Some progress has been made since the Bill was introduced.
I ask the Minister to confirm one of the commitments made in the other place. May we have a guarantee that independent special schools and specialist colleges can be named by parents on education, health and care plans? The indicative draft regulations are somewhat lacking in detail on this point. Perhaps the Minister could indicate when we will see the final draft of the regulations. I have seen for myself that independent schools, such as those run by the National Autistic Society and Ambitious about Autism, often cater for children with some of the most complex needs. They offer innovative new approaches to providing specialist support, while maintaining links with mainstream schools and helping children stay anchored to their local communities. That is very important.
The new system as set out in the Bill promises to be person-centred and to take a holistic, joined-up approach to children and young people by taking into account their education, health and care needs. This is an excellent aspiration, but can the noble Lord confirm that the Bill will make this a reality? I want briefly to raise some key areas of concern which I believe must be addressed if the Bill is to deliver on its promises.
First, the Bill must protect and enhance existing rights for parents and young people. Crucially, under the current system, parents rely on their right to appeal statements at tribunal. Under the new system, only provision that is deemed to be “wholly or mainly” for the purpose of education can be appealed in this way. This effectively represents raising the bar and could restrict the ability of parents to uphold their rights and support the needs of their children. I believe that the words “wholly or mainly” should be removed from Clause 21.
Secondly, I am sure that many in this House will agree that one of the most positive things in the Bill is that education, health and care plans can be maintained up to the age of 25, as opposed to the age of 19 in the current system. Transition, as we know, can be very challenging for disabled young people, and it is important that legislation should reflect the fact that young disabled people may benefit from longer periods in further education. However, like the noble Baroness, Lady Sharp of Guildford, I am concerned that reference is made in Clauses 36, 37, 44 and 45 to the fact that a local authority “must have regard” to a young person’s age. I fear that, in these difficult economic times, this will lead local councils to refuse education to young people over the age of 19. Here, I seek an assurance from the Minister that he will act to further refine these provisions to ensure that this is not the case.
I turn now to a related matter, that of the promise of a joined-up system. I would like some clarification as to why the Special Educational Needs and Disability Tribunal cannot provide a single point of appeal for any issues concerning education, health and care plans. When a child with autism is receiving services such as speech and language therapy to help with communication or cognitive behavioural treatment to help with anxiety, how do we define whether those are educational or health needs? It is extremely difficult. It may be essential for a child to attend a school, but doing so is also likely to improve the child’s general health and well-being. Similarly, social care support such as intensive help at home for those with very complex needs or short breaks for their families are much needed and help in all kinds of ways. Parents and children certainly spend too long waiting and battling the system before they get the help they need. The local ombudsman and the myriad complaints procedures in the health service do not deliver real redress, so extending the role of the tribunal to cover health and social care in education, health and care plans would simplify the system. It would deliver real accountability for parents and help make sure that children with special educational needs receive all the services they need to realise their potential and to thrive in later life. It would also help the Government to realise their ambition of a joined-up system.
Fourthly, we must make sure that the system works for all children and young people with special educational needs, not just those with education, health and care plans. For many children with autism, specialist support is provided within a mainstream setting and without any statutory rights. At a time of squeezed local council budgets, we must make sure that there is real accountability for families as well. Councils must be under an obligation to ensure that there is sufficient provision to meet the needs of all residents with special educational needs. The local offer must not simply be an information tool, it must have real teeth. Failure to do this will result in parents increasingly seeking education, health and care plans as the only means of enforcing their right to the support that their child needs.
Finally, the Care Bill, which is being considered in Committee, contains a number of helpful provisions around care plans and how they can be transported when a person moves into a new council area. I am pleased that the Government have recognised this and have tabled an amendment on portability in the other place. However, this amendment simply creates regulation-making powers. Can the Minister inform us of when we might see these regulations and reassure us as to whether, as is the case with the Care Bill, they will make explicit reference to the continuity of provision that children and young people can expect when they move?
I return to the point about delivering the Government’s promise. This new regime must make the system easier and more accessible for all families, not just those I would call the “sharp elbow brigade”, who are educated, articulate and have the means to work the system. If it is to be effective, we have to ensure that all disabled children and young people and those with special educational needs benefit from the Bill, not just some.
Lord Addington
My Lords, this is one of those debates in which you discover that you agree with most if not all of what has been said but that even the one point you have that you thought was going to be unique has already been touched on by someone. In this case, the noble Lord, Lord Rix, has jumped in front of me on apprenticeships.
We have been waiting for this Bill for a long time. It is one of those things that has been coming along for a while. When I looked at its framework, I thought about what is required to make the education system work. I should say that I am going to talk only about Part 3. You start to look for what is not there, and one of the things that is not there is a specific comment about teacher training for dealing with special educational needs. We have to square up to the fact that many teachers get very little support in their initial training on special educational needs. Indeed, I am told that in some cases it is two hours.
Let us look at the conditions that those teachers are dealing with by considering the “dyses” first—dyslexia, dyspraxia, dyscalculia—along with attention deficit hyperactivity disorder. I pointed these out to a friend of mine who is not dyslexic but who said, “It would take me two hours to learn how to spell them all accurately”. Two hours of teaching is not enough. If you do not know what you are dealing with, how in hell are you supposed to give the correct support? I do not know; you are supposed to be a good teacher, so you will pick it up.
The noble Lord, Lord Touhig, has talked about the “sharp elbow brigade”. We dealt with this before when a previous Government were thinking about getting rid of statementing. It was clear that the average informed parent with sharp elbows knows a lot more about these individual conditions than the average teacher does. They might not have perfect knowledge and it might not be rigorously tested, but they have knowledge while initially the teacher will have none. They will acquire it via the bumps and bangs of being knocked around while going through the appeals system. Unless we deal with this properly, we are not going to make the progress we should. However, I am not talking about turning every teacher into an expert on a category of disability.
I must declare my interests, which arise from the world of dyslexia, which is reckoned to affect around 10% of the population. That would make dyslexics the biggest disability group, but the condition feeds into other groups such as those related to the development of speech and language, which can be contributing factors. Having sharp-elbowed parents is a factor in the personal cocktail. If you have mild dyslexia and you come from a middle-class background with wealthy parents who can afford interventions, you ain’t got that many problems in this world. If you come from a council estate with offending in the family and no one expects you ever to pass an exam, quite often you end up in the prison system. This has recently been recognised by the Government. I had the honour with Chris Grayling of launching the Cascade Foundation, which is considering the prevalence of dyslexia in prison.
The noble Lord, Lord Ramsbotham, is in his place across the Chamber from me. If you want to find any kind of disability group, look in the prisons first, because you will find a good study sample. It is reckoned that some 70% of the prison population cannot read properly, while many studies have shown that 50% of prisoners are within the dyslexia spectrum. Asperger’s syndrome is over-represented among prisoners as well. I ask this of my noble friends on the Front Bench: can we have an undertaking to describe what will be done for those who are incarcerated in the prison system? We need to find out exactly what is to happen because it will affect the rest of it.
If we are to make sure that the people who teach are trained, we must look at those who are supposed to be supporting them, because no matter what you do you have to support people so they can identify problems, understand what is said to them, and transfer it to the classroom. I say again that not everybody can be an expert—it will just not happen. What about SENCOs? This has been mentioned before. Will they have superior training and back-up to be able to support that person? If this is done and someone is competent, the need for any type of special label will be reduced. We do not know by how much, but it will be reduced, so how this works is very important.
In the few minutes left to me, I will draw the House’s attention to the ongoing saga of apprenticeships. I first discovered a problem with apprenticeships when the then head of the British Dyslexia Association told me during the passage of the apprenticeships Bill, when the party opposite was in power, that people needed to pass a compulsory English language test. During the course of the Bill I was assured, “Do not worry, we are not going to make life more difficult”. However, the wording was not changed and people regularly fail that test because they are dyslexic. Other groups suffer too, but I shall talk exclusively about dyslexics.
This was first brought home to me by a lad called David, who had passed every component of his test to become a carpenter, apart from the English test. He could build a replacement for the table that stands in front of us, but nobody would know it because he did not have that piece of paper that says he can do it. That is what a qualification is for. It does not give you the skill, but it says that you have it. It identifies the skill, and you can take the qualification with you and improve your employment prospects. The system fails because of that. Why can David not take the test?
At first we were told that this was in the legislation. However, I met the right honourable John Hayes when he was the Minister in charge and I told him about it. He shouted at an official—bizarrely, over a speakerphone, if I remember correctly—and told him, “Sort it out, sort it out”. Then as the meetings went on, I was told, “It is terribly difficult, you cannot do this”. Then I was told, “We can do this, but it is difficult. It has to be online and we have not formatted it”. The colleges now respond by saying that they cannot put people forward for a test that they will fail because it is not formatted.
We need some peripheral vision here. For nearly two decades we have been assisting people in the higher education sector by giving them voice-operated and other technological assistance on computers to allow them to prepare written work. In this society, how many times is anybody required to pick up a pen to provide written communication outside a classroom? Noble Lords should take that on board. It is ridiculous. I have a list here of other people who have failed. I would read it out, but I do not like reading things out—I am dyslexic.
Here are a couple of examples involving girls. One was a visual merchandising apprentice—I think that means a window dresser—but, hey, advertising sells and is necessary. Once again, she was refused entrance when it was realised that she could not get through the English assessment and the college did not have the support structure in place. Another girl doing retail failed again and was refused being put forward. An engineer passed the assessment on the third attempt by the skin of his teeth. If he had had a bad day and failed again, eventually he would not have been allowed to carry on taking it; colleges will not carry on putting you forward.
I will read out the best example. This involved somebody doing agriculture and animal husbandry. This is his final comment: “I am fed up with everyone reminding me what I cannot do. I am good at my job. My boss tells me that all the time. I even won an award from a professional body that recognised my skills, so why am I bothering with English and maths? I can count sheep and cows. Isn’t that enough?”. You have to sympathise with him. With a few lines in the Bill, the Government have the technical ability to make sure that something happens very quickly, and that person will at least stand a chance of passing those tests. I suggest that this is an opportunity that is way overdue.
Lord Low of Dalston
My Lords, I too shall concentrate on Part 3 of the Bill. When the DfE published its Support and Aspiration Green Paper in 2011, there were high hopes among parents that there would be a genuine transformation in the support available to disabled children and children with special educational needs. The Green Paper held the promise of a single, accessible system of joined-up support, delivered through an education, health and care plan. We were promised that parents’ endless battles with bureaucracy would be consigned to the history books and instead a system characterised by simplicity and transparency would be ushered in.
In 2011, the SEN and disability sector broadly welcomed the ambitions of the Green Paper, with its proposals to create a more coherent, joined-up approach to meeting the needs of children and young people with special educational needs and disabilities. Overall, however, while the Bill obviously moves in the right direction in a number of ways—notably with the introduction of education, health and care plans—the sector does not feel that the Bill delivers on the original objectives of the Green Paper or that, as drafted, it fulfils the Government’s ambition to create a better co-ordinated and less adversarial system. The sector feels that the Bill is too focused on education-related services and does not provide an adequate framework to draw health and social care services into the system of support for children with special educational needs.
Unless this is addressed, the Bill will simply replicate and reinforce the fragmentation in the current system. The charity Scope goes so far as to say that the Bill as it stands will fail the vast majority of children with SEN—notably the 87%, or 1.4 million—who will not be eligible for the new plans; nor in some areas does it protect the existing rights of children, young people and their families. During debates in the Commons, the Minister undertook to consider a number of issues, but the Every Disabled Child Matters campaign and the Special Educational Consortium believe that the Bill still requires major improvement if it is to deliver the Government’s stated aim of better outcomes for children and young people with SEN.
As currently drafted, there is a risk that the Bill will make things worse. I have to tell the Minister that there is a real sense of frustration and disappointment out there at the Government’s lack of serious engagement with the many reasonable points put to it—notably, as has been mentioned, by Robert Buckland MP—so I very much hope that we will be able to do a good deal better now that the Bill has reached your Lordships’ House.
I have about half the time that I was banking on for my speech, so I will skip over the things I wanted to welcome. Like the noble Lord, Lord Storey, I was deluged over the weekend by briefs calling for literally dozens of amendments to the Bill. I shall mention five areas by way of putting down markers for where I shall wish to see amendments in Committee. It is beginning to get repetitive by this point, so I will touch on them only briefly, but it reveals a consensus that is developing across the House about the changes that need to be made. Before I do that, as vice-president of RNIB, in which I declare my interest, I shall flag up the need to mirror in this Bill the requirement on local authorities in the Care Bill to maintain registers of visually impaired people.
Now for the changes. First, the Bill undermines current entitlements. I will give just three examples. As the noble Lord, Lord Touhig, said, Clause 21(5) raises the bar for accessing therapies that are vital for some children if they are to be able to access education. Secondly, Clause 34(9) means that special academies will be able to admit children or young people without having their SEN statutorily assessed or an EHC plan put in place. This creates a risk that children and young people will be inappropriately placed in special schools and undermines the principle that mainstream settings must be inclusive for all children and young people.
Thirdly, local authorities will no longer have to comply with all the current requirements in relation to statutory assessments, including time limits and consulting relevant professionals.
On the second change, like the noble Baroness, Lady Hughes, I am concerned that despite calls from the Education Select Committee, the Bill fails to bring disabled children and young people who would currently be covered by special education legislation within its scope. Research has estimated that in the region of 25% of disabled children may not have SEN, but it is just as vital that they have access to support for their health and social care needs. A good example of where the Bill is deficient in this respect is the way in which Clause 30 provides that the local offer has to include only information on services for children and young people with SEN, not services that disabled children and young people might need to use.
Thirdly, still following in the footsteps of the noble Baroness, Lady Hughes, although the noble Lord, Lord Rix, was prophetic in his anticipation of what I was going to say, the EHC plan is not yet a single plan across all three areas. Under the Bill, it remains essentially an education plan. It is not the radical reform that the Government promised and that parents were expecting. To achieve that, it needs to be amended in two ways. First, it needs to establish a duty on local authorities not just to deliver the educational provision set out in the EHC plan but to assess the social care needs of a child or young person and deliver the support identified as necessary. Secondly, it needs to provide a single route of appeal for parents, children and young people to challenge decisions about the content of EHC plans.
Fourthly, provisions relating to the local offer are too weak. Clause 30 requires local authorities to produce information on the education, health and care services that it expects to be available locally. That is known as the local offer. As such, it is purely descriptive of the services that the local authority currently has on offer. Local authorities need to be under more of an obligation to identify the needs that exist in their area and ensure that they have the services in place to meet those needs. The Bill needs to be strengthened to ensure that children and young people and their families can hold local agencies to account for the delivery of those services.
Fifthly, and finally, there is the collapsing of the present two tiers of school support, school action and school action plus, into a single category of additional SEN support. The Government are yet to produce any evidence that that will lead to any improvement in educational outcomes on the present system based on early intervention and a graduated approach. Indeed, there is a risk that it will lead to a degradation of the present system of support. As the noble Baroness, Lady Hughes, said, that concerns the majority of children with SEN—84%—who receive additional support from the school’s own budget, so we need to be sure of what we are doing here.
The pathfinder pilots were set up in September 2011 to provide the evidence on which to base the development of the new system. To date, the evidence is very thin. We do not even have basic data such as the types of needs that children have and the type of education that they are receiving. How can authorities be expected to plan with any degree of confidence in those circumstances? We must remember that the 31 local authorities involved in the pathfinder pilots were motivated to put themselves forward to test the new system and are receiving additional resources to do so. What hope will there be for the local authorities that do not have those advantages?
This is the nub of the matter. The pathfinders will not finalise their report until September 2014. That is the date when the new system is supposed to come into force. It seems essential that there is a delay in implementation if we are to get this right. As other people have said, what happens now will affect the lives of children, young people and their families for a generation, not just the term of a Government.
The Lord Bishop of Truro
My Lords, I want to add my voice to the growing volume of Members of this House who are giving a general welcome to the Bill. I declare an interest that noble Lords will have heard of earlier: I am chairman of the Children’s Society. Your Lordships will have heard my colleague the right reverend Prelate the Bishop of Leicester say that I have the privilege of taking over from him in that capacity. I suspect that in these times of financial stringency, the real reason why I became chairman of the Children’s Society is because I share a first name with my colleague and the marketing people are delighted that they do not have to change too much paperwork.
I warmly welcome the emphasis in the Bill on listening to the voice of children. In the Children’s Society, I have the pleasure—I think that that is the right word—when I chair board meetings of always having some young people sitting with us and contributing fully to our meetings. I much commend that as a practice.
The two points that I want to make have of course already been made, so I will not go on at length. The first is something that I mentioned in my maiden speech: the importance of young carers. As others have said and as I was encouraged to hear the Minister say in introducing the Bill, I think we are moving forward to see how this Bill and the Care Bill can be joined up. Young carers are children and young people under 18 who provide regular and ongoing care and emotional support to a family member who is physically or mentally ill, is disabled or misuses substances.
Young carers often do not receive the support that they need. A failure to identify and support young carers and their families can also lead to crisis and avoidable child protection issues. The recent report published by the Children’s Society, entitled Hidden from View, revealed the following things: one in 12 young carers is caring for more than 15 hours per week; about one in 20 miss school because of their caring responsibilities; and young carers have significantly lower educational attainment at GCSE level—the equivalent of nine grades lower, overall, than their peers.
I pay tribute to all the young carers out there who do so much to support their families, who also deserve our support. I thank the National Young Carers Coalition, which has been working together to improve rights for young carers. As I said, this Bill and the Care Bill represent together a once-in-a-generation opportunity to improve the long-term outcomes for young carers. Young carers and the organisations that support them have been calling for the same rights for young carers as for adult carers.
It is also important that there is better identification and assessment of young carers so that they and their family get the support that they need. That is why I welcome the statement by the Children’s Minister on Report of this Bill in the other place. He said:
“I have asked officials to look at how the legislation for young carers might be changed so that rights and responsibilities are clearer to young carers and practitioners alike. We will also look at how we can ensure that children’s legislation works with adults’ legislation to support the linking of assessments, as set out in the Care Bill, to enable ‘whole family’ approaches”.—[Official Report, Commons, 11/6/13; col. 267.]
I believe that that is a particularly important announcement and I welcome what I think I heard in the Minister’s introduction to the Bill: that that is our direction of travel.
Inappropriate caring roles performed by young people are not being prevented or reduced because the needs of the person for whom the child is caring are not fully met and the needs of the whole family for support are not taken into account. The separation of adults’ and children’s services is a significant structural barrier to improving support for young carers. Stronger legislation will make a difference because it will help to create the right culture to support the whole family.
It would be helpful to hear from the Minister today more about what is being done by the Department for Education and the Department of Health to ensure that changes made to the Children and Families Bill work with adults’ legislation—primarily, of course, the Care Bill—support the linking of assessments and enable the “whole family” approach to carers. I reiterate my thanks to the Government for listening and responding on that important issue.
My second brief point relates to the Office of the Children’s Commissioner, which is also covered in the Bill. I warmly welcome the reforms to the role of the Office of the Children’s Commissioner for England introduced in the Bill, and the legislation’s close adherence to the recommendations in the Dunford review. The UK is of course a signatory to the United Nations Convention on the Rights of the Child, and England needs a commissioner with adequate powers in order to meet its obligations under the convention.
The commissioner performs a vital role in promoting the views and best interests of children and young people in England. Under the Bill, the role of the Children’s Rights Director will now fall under the remit of the Children’s Commissioner. In taking on this role, the Children’s Commissioner will be able to provide advice and assistance to specific groups of vulnerable children. That is something that the Children’s Rights Director currently does. The groups specified include children in care, care leavers, children in boarding schools and children receiving social care services. I believe that this is an opportunity to ensure that other vulnerable children who are living away from home or their families—such as, as have been mentioned already, those living in custody, separated children who are seeking asylum or children who have been trafficked—can also receive that advice and assistance.
I understand that the Government would like simply to incorporate the current role of the Children’s Rights Director very neatly into the role of the commissioner. However, this would miss an opportunity to extend the powers to cover children in other circumstances who are also deprived of contact with their families. These vulnerable children need support. Enshrining in legislation the ability to provide support for children living in custody, separated children who are seeking asylum or children who have been trafficked would be an important power for the commissioner. More importantly, it could ensure that a wider group of vulnerable children can receive advice and assistance from this very important role.
I hope that the Minister will consider this carefully during the Lords stages.
Baroness Drake
My Lords, I wish to focus my comments on friends and kinship care. As my noble friend Lady Massey noted, up to 300,000 children are growing up in friendship and kinship care. For most of these children, family members step in to avoid children having to be taken into care, while in other instances children are placed with wider family members following care proceedings. Kinship care is by far the most common way of providing permanence and stability for children who can no longer live with their parents.
I fear, however, as do some other noble Lords, that there is a danger that the Bill overlooks the vital role that kinship carers play. While recognising the laudable desire to reduce delays in placing children for adoption, the current drafting of the Bill risks making it harder in future for the wider family to step in, particularly as it removes the duty on local authorities to give preference to keeping children with their families. It is important that the right balance is struck between accelerating the process of approving adoptive placements and ensuring that alternative permanent placements for children with grandparents and other relatives are not overlooked.
On Report in the other place, the Minister, Edward Timpson, showed sympathy for these concerns and said that he was thinking of amending the Bill to make it clear that local authorities must first consider placements with family or friends before they consider fostering for adoption placements. However, we do not yet have visibility of such an amendment. I hope that we see it soon. I know that there are many who will wish to stay with that issue and see that amendment coming forward.
Friendship and kinship carers can be caught between two different public policy priorities—getting and keeping people in work, especially women and older workers, and local authorities protecting the interests of vulnerable and traumatised children by requiring carers to give up work to look after them. This tension was raised during the passage of the Welfare Reform Bill. The noble Lord, Lord Freud, gave the matter his detailed consideration and subsequently provided for the Universal Credit Regulations to exempt kinship carers from work conditionality, looking for work for the first 12 months after taking on the care of the child. An issue flagged up at the time was the increased likelihood of friends and kinship carers losing their jobs because the taking on of such children often occurs at short notice when they have no employment leave entitlements.
The Bill presents the opportunity to extend parental leave entitlements to kinship carers to give them parity with adoptive parents. Kinship care is the most common permanency option for children who cannot live with their birth parents, yet there is a stark imbalance in employment leave entitlements for kinship carers compared with entitlements for adoptive parents. The same arguments apply to the extension of parental leave to kinship carers as were advanced for the introduction of adoption leave: the need for time for children to settle and bond with carers and the advantage of enabling carers to remain in the labour market. There should be access to an entitlement to both paid leave and a period of unpaid leave, the latter to deal with the initial uncertainties when the children first arrive and long-term arrangements may not yet be settled.
Grandparents Plus research shows that almost half of kinship carers who were previously in work leave their jobs when children move in. A Family Rights Group survey revealed that nearly 40% of family and friend carers have left their job, lost their job or taken early retirement when they have taken on the care of children. It is often more difficult for both young and older kinship carers subsequently to get back into the labour market. There are many reasons for this, including the high needs of the children, but a lack of legal entitlement to any time off undoubtedly contributes.
Extending the right to request flexible working to all is welcome. A later retirement age means that an increasing proportion of grandparents of younger children are likely to be in employment. The option of working flexibly will become increasingly important to enabling grandparents to combine work with care.
Emergency leave provisions to deal with family emergencies are available to parents, and an employer must enable them to take a few days’ unpaid leave. In Committee in the other place, the Minister, Jo Swinson, said that this entitlement was available for grandparents relied upon for childcare. The regulations are unclear, though, and there is evidence to show that most employers and grandparents believe that they are not entitled to take such leave in these circumstances. The Bill should remove this ambiguity and enable a grandparent to take a reasonable amount of time off to provide help to deal with an unexpected event. Currently one in four working families depends on grandparents to provide childcare. With increased longevity, and with people remaining longer in employment, it will become increasingly important that grandparents are able to combine work and caring responsibilities in order to maintain not only their own but mothers’ employment.
The Government should also consider the possibility for unused periods of parental leave to be transferred to a grandparent if neither parent is able to use it. The principle of transferability of leave from mothers to fathers has been agreed. Would it be such a radical step to extend it to grandparents? I know that one of the drivers for transferable parental leave between mother and father was to break the stereotype that childcare is a female responsibility. Weighed against that, though, it is important to recognise who is providing the care, and in many instances it is the grandparents.
I conclude with a quote from the noble Lord, Lord Freud, in his DWP press release of 22 June 2012:
“Kinship carers make major sacrifices for their family and friends and help children in difficult situations to remain in a family environment instead of in the care system. I am determined that the benefits system recognises this important contribution”.
I hope that this Bill will also recognise that contribution.
Baroness Richardson of Calow
My Lords, I shall confine my remarks to Part 3. I have a personal interest in this. Out of my nine grandsons, three have special needs—one is severely dyslexic, and two are autistic, both in the same family. My daughter is currently involved in a tribunal with her local authority to try to secure a place that would meet my grandsons’ profound needs. I welcome this Bill. I think that it has the potential to provide for my grandchildren and many others and may be very beneficial in their progress towards independent and productive adulthood.
There are many things in the Bill that I believe are very good. I greatly welcome the holistic approach to education, health and social care needs, recognising that they are interdependent. I hope that this will provide an opportunity not to cease some of the therapies that are so important in special needs, such as speech and language and occupational therapy, but instead to recognise that they are essential—not add-ons to the care that is provided.
There are some phrases in the Bill that I think are very important. I like the reference to children’s well-being and I am very taken by the reference to the contribution that children and young people make to society. This does not just work in one direction. The extension of funded education and care to 25 is of course extremely important, as is the duty of local authorities to keep their provisions under review.
I appreciate the fact that, under local offer, although I have some questions about it, the publication of information and advice will relate to life beyond formal schooling and include,
“finding employment … obtaining accommodation … participation in society”.
I welcome the fact that the local authority has an obligation to publish the comments that children and young people make about its services. I welcome that,
“the best possible educational and other outcomes”,
must be looked for, although these are not specified.
Like many others, I have one or two particular concerns. There is little in the Bill that relates to the provision beyond age 18 other than that it will be supported if the education, health and care plan is still in place. The aspiration is fine but there is little about how provision of special education after 18 will prepare disabled young people for responsible and independent adulthood, and how that is to be achieved given the challenges that they face.
There are a number of issues around the discontinuance of a plan. There seems to be an expectation that it will be looked at carefully rather than that it will be continued if at all possible. A number of clauses, as other noble Lords have mentioned, say that a local authority,
“must have regard to his or her age”.
I think that that needs to be looked at again. Proper recognition needs to be given to the fact that young people with special needs may take longer than others to learn life skills. Some will need to have prolonged absences from school or to try different environments in which to learn as they make their transition into adulthood. I want an assurance that chronological age will not be given too much weight in making decisions about maintaining the education, health and care plan and that no one will be discouraged from continuing in education or have that questioned severely on the grounds only of cost. The thrust should be towards encouragement rather than discouragement. I noted, as others have, that young people with autism benefit greatly from further education but that only one in four access it.
Also on the discontinuance of a plan, I would like some clarification of a phrase in Clause 45(3), which says that a local authority,
“must have regard to whether the educational outcomes specified in the plan have been achieved”.
I do not really understand what that means. Does it mean that if the educational outcomes have been achieved, there is no further need for any care? Does it mean that if they have not been achieved, no further care will be given? Is it positive or negative? That part of the Bill perhaps needs to be questioned. I would also question, when we come to it, why Clause 47 says that the local authority “may make provision” to transfer a plan “to another … authority”. There is no obligation on a local authority to continue to support someone whose needs are best met in another educational authority.
I return briefly to the local offer. As has been said, the only obligation is to provide advice and information. No duty is imposed to provide the services, only to review and revise the information. The Bill seems to provide a good opportunity for the enforced provision of inclusive and accessible services for all disabled children, and to offer them the right to participate. Is there an intention to provide this? The Bill is a really good start but I hope that it can be strengthened as it goes through the House.
Lord McColl of Dulwich
My Lords, I begin by recording my admiration and appreciation for the work done by Dr Maggie Atkinson, the Children’s Commissioner for England, and her predecessor Professor Aynsley-Green, and all those who work in that office. Extremely valuable has been the contribution which the commissioner has made to the public discourse on issues affecting children since the office was established under the Children Act 2004. I wholeheartedly support the intention through Part 5 of the Bill to extend and clarify the commissioner’s role in promoting and advancing the rights, needs and voices of children.
I welcome the Bill’s aim to see that children are placed with suitable adoptive families much more swiftly. The fostering for adoption scheme introduced by the Bill could provide greater stability for children by placing them with their prospective long-term carers at an earlier stage. It goes without saying, however, that great care must be taken to ensure that all the necessary checks are undertaken to prevent unnecessary disruption to the child at a later stage.
Sadly, the needs and voices of one group of especially vulnerable children are not represented in this Bill. I speak of children who are victims of human trafficking. Your Lordships will be well aware of the research commissioned by the Home Office into the practical care arrangements for trafficked children following my introduction of a cross-party amendment—Amendment 57A—to the Protection of Freedoms Bill. This amendment was supported by the noble and learned Baroness, Lady Butler-Sloss, the noble Baroness, Lady Royall, and the noble Lord, Lord Carlile. The amendment was to provide legal advocates or guardians for trafficked children as required by Article 14 of the EU anti-trafficking directive.
In introducing the amendment we examined the three current provisions in the Children Act 1989 which the Government believed had the effect of guardianship under the directive, namely Section 26 advocates, independent visitors and independent reviewing officers. We concluded, however, that none of them had the required effect. Section 26 advocates act only on the child’s behalf in relation to local authority case reviews and are not appointed from the moment that a child is identified as a victim of trafficking. They become involved only if the child chooses to take advantage of the service. Independent visitors provide a befriending or visiting role and do not have the right to advocate on the child’s behalf. Independent reviewing officers have a specific function in relation to reviews of the child’s care and are not required to have regular contact with the child between reviews.
During the debate on the Protection of Freedoms Bill, we agreed to withdraw our amendment on condition that the Minister promised an independent review of the care provided to trafficked children. This has since been carried out by the Children’s Society and the Refugee Council. The report is due to be published next week and will, I am sure, give a valuable insight into the experience of trafficked children in this country and the care that they receive. It will be interesting to see whether the report suggests that the experience of trafficked children vindicates the notion that the current legal framework is fit for purpose.
However, even in advance of the publication of this report, we know that there are many challenges faced by trafficked children which our current laws and care provision are inadequate to meet. In fact, nothing has changed since that debate in February 2012, except that the case for the provision of guardians has grown stronger. The Anti-Trafficking Monitoring Group of expert NGOs published a report in June which highlighted how children who are being used as domestic slaves are not being identified as trafficked because social workers are not investigating thoroughly the families with whom they are living.
The recent Court of Appeal judgment in the case of L and Others demonstrated that our criminal justice system is still failing to recognise children trafficked to this country and forced to cultivate cannabis. Instead of kindly treating them as victims, our criminal justice system prosecutes them as criminals. Then there is the scandal of the number of children who go missing from local authority care. The very system that should be providing safety and reassurance is unable to protect confused and exploited children from the threats of their traffickers. The figures may have improved slightly since 2010, when over the preceding five years 301 of the 942 trafficked children who were rescued went missing from care. However, the Centre for Social Justice reported in March that many children are still going missing, with 25 trafficked children going missing from just one local authority over a five-month period in 2011.
Last month, the Joint Committee on Human Rights published its report into the situation of unaccompanied migrant children. Many such children are victims of trafficking, often being identified as migrants before they are identified as having been trafficked. In particular, the committee expressed concern about the evidence of trafficked children being prosecuted for criminal offences that they have been forced to commit by their traffickers. It also drew attention to the lack of secure accommodation that could prevent children absconding from local authority care and protect them from returning to the hands of their traffickers. The committee also recognised the value of a system of guardianship for unaccompanied migrant children, including victims of trafficking, and noted how successful the pilot project had been in Scotland.
The Government have also been encouraged to take action to improve the provision of care for trafficked children by the recently published US Department of State’s Trafficking in Persons Report and by the group of experts that monitors the Council of Europe anti-trafficking convention, which published its first report last September. That report recommended that Her Majesty’s Government ensure that all unaccompanied minors who are potential victims of trafficking are assigned a legal guardian.
This problem is not going to go away. The number of trafficked children being identified each year is rising, and as the evidence in the Centre for Social Justice report shows, children are still going missing. The case for introducing specialist guardians or advocates for these children is growing, with recommendations from expert charities, the wider international community and our own parliamentary Human Rights Committee. Given the importance of these issues, it is a shame that the Children and Families Bill does not do more to address the challenges facing trafficked children. I would be grateful if the Minister could explain how he sees this Bill engaging with this key challenge affecting children in the 21st century.
Lord Stevenson of Balmacara
My Lords, I shall speak to Parts 6 to 8 of the Bill, which we broadly welcome. These changes will help improve gender equality at work and at home, and give some families greater choice about how they share their childcare responsibilities. This would be greatly enhanced if, as my noble friend Lady Drake has argued, more support can be given to grandparents. However, I also wonder whether the Bill misses an opportunity to improve independent rights of access to leave and support for fathers, and to initiate a culture change in favour of truly flexible leave and pay.
From what has already been said in this debate and particularly by my noble friend Lady Hughes, I am sure that there will be support across your Lordships’ House for a Bill that foregrounded children’s rights and benefits and, starting from that position, promoted the opportunities for fathers to care for their children, and especially to share their childcare responsibilities with mothers in the crucial early years. After all, the issue of fathers sharing care is first and foremost about what is good for children and the whole family too. It gives children more time with their fathers, which is a very good thing for both, enables women to keep a foothold in the world of work, which is better for their future work prospects than taking time out, and it is good for the couple relationship.
The new system of shared parental leave and pay will replace the additional paternity leave and pay system with a more flexible, transferable one. Mothers may continue to take maternity leave and pay as they do now, unless they choose to transfer some of this to their partner. Along with many groups and commentators, we welcome this increased flexibility. This will also help challenge many employers’ default assumptions about who will care for a new baby and in turn this may help address the regrettably high incidence of maternity discrimination in the workplace.
When the Minister responds I would be grateful if he could comment on the following issues which were raised during the consultation process, but which have not made it into the Bill.
The Consultation on Modern Workplaces says that there is strong evidence of the benefits of shared parenting and, in particular, that fathers who are engaged in caring for their children early on are more likely to stay involved. So why are no changes proposed to ordinary paternity leave and pay? The only entitlement for fathers in their own right remains at two weeks’ leave at the flat rate, assuming that they qualify for paternity leave at all. Will this not result in some fathers continuing to be unable to take any paid leave at the time of their child’s birth? Is it really satisfactory for fathers to have to rely on short- term, unpaid time off for dependants to accompany their partners at the birth?
International evidence shows that fathers’ take-up of leave is influenced by whether it is earmarked for them and whether it is adequately paid. The modern workplaces consultation proposed a father quota to encourage more fathers to take leave, but this has not been included in the Bill. The Government have decided not to introduce this until the economy has properly recovered and flexible parental leave has fully embedded. When he responds, can the Minister explain what criteria will be used to determine when the economy has properly recovered and can he explain at the same time what time or volume indicators he will be using to assess whether flexible parental leave has fully embedded?
The Bill proposes that mothers and fathers may transfer leave and pay between them in blocks of a minimum of a week at a time. The consultation proposed that parents might take the new form of leave in smaller chunks or on a part-time basis if their employer agreed. This was warmly welcomed by family organisations and some employers. Part-time leave and part-time pay can have significant benefits for families, particularly those on low incomes who would like to extend the time that they can spend at home, but who cannot afford to have no income. Allowing part-time leave, topped up by wages, might allow low-income parents to transition gradually back to work. Many good employers already allow employees to come back to work after maternity leave on a gradual basis, which helps with handover periods from locum cover. Children may also benefit if they can be settled into new childcare arrangements on a gradual basis. Can the Minister explain why this “smaller chunks” provision was not included?
Shared parental leave will be available to couples only where both parents are economically active, and meet service and earnings requirements. In 2010 there were approximately 782,000 maternities in Britain, but the maximum number of fathers who may be eligible for shared parental leave will be 285,000 at most, according to the BIS impact assessment, which is 36% of all maternities. Does the Minister believe that 36% represents a satisfactory level of engagement by fathers? Currently, statutory pay rates are well below the national minimum wage and will only be uprated in line with other benefits by 1% until 2016. Does the Minister agree that this sends a poor message about how society values time spent at home with a new baby, with parents being paid less than they would receive in a minimum-wage job?
Clause 99 introduces a right for fathers and partners, including intended partners in surrogacy situations, to take two unpaid half days of leave to attend antenatal appointments. This new right is welcome, but does the Minister agree that the Bill is perhaps unnecessarily complex and prescriptive on this new right? It sets out in primary legislation that the right may be exercised on only two occasions and for a maximum of six and a half hours on each occasion. Would it not be better to provide fathers with a right to reasonable time off for these purposes and for any limits to be set out in regulations?
Finally, can the Minister comment on the proposal made by the Commons Business, Innovation and Skills Committee on women in the workplace that employees should be entitled to ask for flexible working from the outset, and not only after they have been in a job for six months? Does he not agree that the Bill misses an opportunity to encourage employers, including perhaps the Civil Service, to advertise jobs on a flexible or part-time basis, without which many talented people could be forced out of the labour market?
The Working Families recent survey of 1,000 parents of disabled children found that 27% of respondents were not in paid work, and more than 80% of those had given up work to care for their disabled child. Once out of work it is very hard to get back in. More than half the parents surveyed had been out of work for at least six years. Their talents and skills are lost to their employers. Their families are left poorer and the economy loses. That has led to suggestions for adjustment leave to support parents and carers through a crisis so that they can stay in work and out of poverty. I would be grateful if the Minister could comment on that idea.
Baroness Benjamin
My Lords, we all agree that the Children and Families Bill is an important and welcome piece of legislation. As I always say, childhood lasts a lifetime, so I congratulate the Government on looking after the needs and well-being of children to give them a solid foundation and a stable future. However, even good Bills can be improved, and there are a number of extra commitments that the Government could make that would extend the Bill’s reach even more.
I have been working closely with the NSPCC and Barnardo’s and declare an interest as a vice-president of the latter. They are both convinced that the Government should use this Bill as an opportunity to provide even more support for young people, including children suffering from sickle-cell disorder, young carers and those leaving the care system, who are among the most vulnerable in our society.
The NSPCC and Barnardo’s have also raised some key points which have caused them grave concerns on adoption and family justice. They do not support the removal of due consideration of a child’s religious persuasion, racial origin and cultural background when placing children for adoption. Adoption between races adds another dimension to the adoption experience which cannot be ignored. Existing evidence points towards ethnic background being a significant factor because if a child experiences racism, they may feel isolated and unable to share it with anyone. A child being visibly different from family members may also result in them having a sense of not belonging or feeling unable to identify with their family. I believe we would be in dangerous territory should we remove consideration of this factor altogether from legislation because do we really understand the impact of these changes and the message they send out? I believe it must be considered by a court or an adoption agency when they are coming to a decision relating to the adoption of a child. Parents need to be able to understand the identity of the child they are adopting, so this should be included in the child’s welfare checklist along with religion, culture and language, as recommended by the House of Lords Select Committee on adoption. We need to encourage more people from culturally diverse backgrounds to adopt.
Much of Clause 3 is perfectly reasonable. It allows the Secretary of State to take action against local authorities which are failing in their duties to recruit adopters by removing these powers from them, but this must be done in a fair way. After all, there is an adoption crisis in the country. Children’s charities and the Local Government Association have concerns about the fact that the Bill allows the Secretary of State to remove responsibility for adopter recruitment from all local authorities. This could lead to a catastrophe in the adoption system because there is no guarantee that external providers would be able or willing to take on these services immediately, and any delays across the system would severely damage the chances of some of the country’s most vulnerable children being adopted. It will not solve the problem but will make matters worse.
Moving on to family justice, there are huge concerns that the 26-week time limit could make evidence-based interventions that take longer than the specified time limit more difficult, so we must ensure that there is sufficient time for the appropriate assessments to take place. Programmes such as the NSPCC’s infant and family team inform professionals, help court decisions on whether maltreated children can be reunited with their birth family or should be placed for adoption with their foster family as well as assist parents in addressing problems, but all this requires 12 to 15 months before a final recommendation is made. Although the Bill provides for eight-week extensions, continually adding them causes uncertainly for all, so we must ensure that this policy does not bring any unintended consequences that impact negatively upon the best outcome for children.
Finally I ask the Government to give serious consideration to the addition of a new clause to cover the children’s performance licensing regulations, which are seriously outdated and bear no reflection on the modern day. This was discussed during the Report stage of this Bill in the Commons, and I hope it will be taken up enthusiastically by this House as it addresses children’s well-being.
At the meeting last month of the APPG for children, media and the arts, which I chair, there was a presentation by Pact, which represents independent film and television producers. I declare an interest as an independent producer, and I speak from personal experience on this issue. Pact raised the concerns of those in the broadcasting industry, including the BBC, Channel 4 and ITV, which were present at the meeting. They strongly believe that the current legislation, which dates back to the 1960s when there were only three television channels, needs to be reformed and that there is great urgency to modernise the child performance regime. There is huge uncertainty on the rules for child performers on popular shows such as “Britain’s Got Talent” and for observational documentaries where child licences are not needed and the well-being of children is left up to production companies which in turn are unsure about the full extent of their responsibilities.
The current system places greater emphasis on bureaucracy and form-filling than on the needs, rights and welfare of the child, so the rules need to be enhanced and updated in order fully to protect children in today’s media environment, including online production, and to put adequate protections in place to ensure their health and well-being at all times. Local education authorities retain a significant amount of discretion on whether to license a child performance, leading to a postcode lottery across the UK. This needs to be addressed. There needs to be consistency. Oddly, there are greater restrictions around children participating in film and television production than in theatre. Although there are Ofcom guidelines for broadcasters, legislation for everyone involved in the employment of children in all fields of entertainment is being proposed to avoid widespread confusion.
Child physiologists have called for legislation ensuring children are protected from all aspects of a rapidly changing media world, which many children and young people want to be part of as they find it enthralling and alluring. The National Network for Children in Employment and Entertainment—the NNCEE—the majority of members of which are local authority officers, has stated that it would like to see a simple, future-proofed framework that offers equal opportunity to all children while ensuring they are properly safeguarded and, most importantly, have trained and qualified chaperones. Sarah Thane’s report and the Government’s consultation last year were warmly welcomed by the broadcasting and production industry, and those in the media industry are extremely disappointed that the Government have decided not to take forward these proposals for reform, having mainly taken the local authorities’ opinion into consideration on this issue. It is imperative that this decision is reversed, so I hope that the Government heed the warnings from this wide range of organisations—the BBC, Channel 4, ITV, Pact and NNCEE—as well as schools and child physiologists and give this proposal full consideration to show they truly value children’s welfare and long-term well-being and therefore add a new clause to this important Bill. Let us not end up regretting missing a once-in-a-generation opportunity.
The Earl of Listowel
My Lords, I too thank the Minister for introducing this Bill and welcome much of what it has to offer. I was particularly pleased to hear him say in his opening remarks that families and children should not be adapting themselves to the system, but rather that the system should be adjusting itself to the needs of children and families. I hope we can apply that principle to this Bill.
I would like to report on the important progress that the Government are making to safeguard children in children’s homes, following the grooming of girls as young as 12 by gangs of men. I will touch briefly on youth policy and then I will come to the Bill and look at children in care, care leavers and childcare briefly.
First, I pay tribute to the coalition Government for their commitment to continue funding international development to the tune of 0.7% of annual national income. At 0.7%, we are the most generous nation in the world. This sets a fine example for others to follow and makes a huge difference to children and families across the developing world.
There is concern that the Government’s welcome attention to adoption has been at the expense of attention to other placements. The noble Baroness, Lady Drake, gave a very eloquent speech about the importance of kinship care. I earnestly look forward to the Government extending their attention to these other areas. However, I would like to put on record my gratitude for their giving attention to the very important area of residential childcare.
Your Lordships may recall that the vast majority of children enter care because of abuse or family breakdown. Residential care has been an option of last resort, so children may have experienced 20 or 30 placements before arriving at a children’s placement and may even have had one or two adoption breakdowns. The vulnerability of these children and our failure to recognise their needs have been highlighted by the cases of gangs sexually exploiting children in Rochdale, Oxford and elsewhere.
The media, particularly the Times newspaper, have done an excellent job at drawing our attention to our failure in these matters. The honourable Anne Coffey MP galvanised the parliamentary response and her report on children missing from care was greeted by the honourable Tim Loughton MP, the then Minister, who set up three working groups to address the concerns expressed. Just last week, the honourable Edward Timpson MP, the new Minister of State for Children, launched three consultations that addressed changes to regulations on out-of-authority placements, data sharing and missing children. I draw the attention of the noble Lord, Lord McColl, to this particular regulation change.
Encouraging work is being undertaken on improving the consistency and quality of staff in children’s homes, and the Local Government Association is undertaking work on improved commissioning of residential care. There is a great deal further to go but the Government have made a good start.
On a further point outwith the Bill: last month’s report from the All-Party Parliamentary Group for Children, chaired by the noble Baroness, Lady Massey of Darwen, recommended that there should be a cross-departmental strategy for youth in this country. I commend the report’s recommendation to the Minister and your Lordships. We must do all that we can at this very difficult time to support our young people.
Turning to the Bill and looking at care leavers, which the right reverend Prelate the Bishop of Leicester referred to, I very much hope that we can seize the possibility to improve the life prospects of young people leaving care. These young people are hugely overrepresented in the secure estate, one-quarter of the adult population have care experience in prison, some research has put teenage pregnancy rates of care-leaving girls as high as 50% and they are overrepresented in many areas, including rough sleeping.
The Association of Directors of Children’s Services highlighted the importance of continuity of relationships in their recent report. Continuity of relationships is important above all else for these young people. Young people have always said that and we need to find ways of achieving it. Most importantly, most obviously and most imperatively, we need to allow young people passing the age of 18 to remain with their foster carer under supported lodging arrangements where they so wish. Young people leave the family home on average at the age of 24 in this country. The corporate parent should offer no less a support for young people in our care.
A couple of pilots have looked at the impact of allowing young people to remain with their foster carers to the age of 21. They found improvements in retention in employment, training and education. I think there was a doubling in the number of young people staying on in higher education. While the average retention past 18 is now about 8% in local authorities, in the staying-put pilots in Northern Ireland they were getting up to 25%. A study from the University of Chicago found that, even in the short term, local authorities made savings by caring better in this way for their young people.
I would welcome advice from the Minister and noble Lords on an amendment to enable all those young people in foster care in this country to remain with their foster carers to the age of 21 should they choose. This is a very modest proposal. While there has historically been a shortage of foster carers, recruitment is currently going well and many of those who might provide such supported lodging will in any event be retiring from fostering. The cost to roll this out would be about £2.7 million initially and local authorities would soon recoup that expenditure from savings in social care interventions. Society would benefit in the longer term with fewer children entering care, from their parents who are wanting care themselves, and with fewer care leavers in custody, on benefit or needing support from the health service. A couple of weeks ago we heard from a young man at the All-Party Parliamentary Group for Children and Young People in Care and Leaving Care. He said: “I have eight days left to go to my 18th birthday. I’m not ready to leave. What am I going to do?”.
Moving to childcare, I commend the proposals of the honourable Andrea Leadsom MP to the Minister encouraging local authorities to have registrars go into Sure Start children’s centres once a week to register births. This has been shown to be best practice in encouraging fathers and mothers to make contact with the home. Very often they will then go back to make use of the services in the homes. It is a very good method of reaching out to the hardest-to-reach families and getting fathers early on in the child’s life engaged fully in the care of that child. There were concerns from local authorities about the removal of the childcare sufficiency duty, and I look forward to discussing that with the Committee in due course.
I think that my time is up. I reiterate my thanks to the coalition Government for their support and leadership for families and children in the developing world. I thank the Minister and his colleagues for their work on residential care. There is a lot more to do but a good start has been made. I hope that your Lordships will feel able to offer some support in moving towards the possibility of young people leaving care having the option to stay with their foster parents when they choose to do so.
Lord Patel of Bradford
My Lords, the Bill has a number of very important measures, many of which are positive. However, like other noble Lords, I have a number of concerns, particularly around the issues of fostering and adoption, such as the removal of explicit duties to consider the ethnic origins of a child when placing for an adoption and the proposed 26-week time limit for care and supervision proceedings especially for complex cases—issues that I would like to return to in Committee .
However, in the time available today I want to focus my contribution on Part 3 of the Bill and seek some assurances from the Minister, whom I welcome to the Dispatch Box with his first major Bill. My concerns are around the impact of SEN provision for young people with complex needs aged between 19 and 25, particularly those supported in independent schools and the non-maintained special school sector. I have sought advice and information from the National Association of Independent Schools and Non-Maintained Special Schools, which, as noble Lords may be aware, is a membership organisation that provides information, support and training to its members in order to benefit and advance the education of children and young people with special educational needs. The association has more than 215 members spread over the whole of England and Wales, and through their non-maintained and independent special schools they cater for around 13,000 of the most vulnerable children in the country with a very wide range of complex needs.
Like other noble Lords, I welcome the proposals in the Bill that extend parent choice and give help to some of the most vulnerable children and young people, many of whom have very complex needs. I particularly support the Bill’s proposal to replace SEN statements with plans from birth to 25. I hope that, alongside the Care Bill, this will result in a stronger focus on preparing young people for adulthood.
In recent years I have noted an increasing number of independent special schools developing services for young people with complex needs. This support is sometimes delivered through independent specialist college provision, but many non-maintained and independent special schools deliver adult social care plus a variety of health, social enterprise and employment services. Often, this provision has no formally recognised education component and is funded through adult social services or continuing care support.
While the Bill is positive with regard to this proposal, I, like my noble friend Lord Touhig, would like clarification from the Minister that those people aged 19 to 25 with complex needs would be eligible for the continuation of their plans. Young people with complex needs such as profound and multiple learning difficulties, aged between 19 and 25, who are supported in the non-maintained and independent special schools sector, need to keep learning past the age of 19, especially as they learn much more slowly than their mainstream peers. Many of these young adults will require a period of time after their formal schooling in a transition service, as they may not be able to navigate these transition years as other young adults can.
The years between 19 and 25 are socially accepted as a time of experimentation and of finding limits and boundaries. We do not expect non-disabled young adults at the age of 19 to settle down into an adult life or go into an adult home environment where they stay for the rest of their lives and, as the noble Earl, Lord Listowel, has just said, it is difficult for children in foster placements to leave at the age of 18. Young adults with complex needs therefore particularly need support to make sense of the transition years and to develop a sense of themselves as adults and what it means to be an adult.
For example, some of these young adults may have limited life experiences and might need to continue to experience such things as going to the supermarket, how to go shopping, choosing which film to watch at the cinema and how to go to local restaurants. The period of time that they spend in such a service will mark the transition from childhood to adulthood and be a type of, I suppose, social apprenticeship—a period of their life that helps them to develop as an adult and prepare for a more independent life.
Creating the right environment to achieve an understanding of adult life is an important part of supporting development, and young people with complex needs would clearly benefit from the continued protection of the plan. I will give noble Lords an example from my own part of the country, West Yorkshire. Young people with complex needs are fortunate to have the services of the Hollybank Trust in an area called Mirfield. In the past five years, all its school students have made the transition into adult services with the support of the trust. This has enabled them to focus on crucial areas of development such as communication and independent living skills.
However, young people attending schools in other areas have not always been so fortunate. The Chailey Heritage Foundation in East Sussex has just launched an innovative new life skills service for young people aged 19 and over. Young people can use their personal social care budgets to pick and choose the elements of service that they wish to access, such as life skills development and well-being and leisure opportunities. The reasons for this service being developed are interesting. It has been developed in response to the difficulties faced by young people with complex physical and learning difficulties on leaving school. The reports that I have looked at from adult social services in the area reveal cases where school leavers moving to adult care homes had had their communication aids removed from them and stored in the office, and had had their motorised wheelchairs turned off as they were causing wear and tear to furniture and walls. These were young people at great risk of losing the skills developed across their schooling and which would have enabled them to lead more independent and happier adult lives.
I was encouraged by the Government’s amendment to the Bill in Committee in the other place that will result in a duty being placed on clinical commissioning groups to secure the provision of health services as agreed under the EHC plans. However, I would be grateful if the Minister could clarify that those young adults with complex needs will continue to receive the support that they require in order to help them make the transition to adulthood. Clause 45 outlines the conditions for when a local authority may cease to maintain an EHC plan for a child or young person. I draw the Minister’s attention to subsection (3), which says:
“When determining whether a child or young person no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational outcomes specified in the plan have been achieved”.
I would like to see subsection (3) amended so that plans will not be cut off when “educational outcomes are achieved”. The fact that young people with complex needs often have different educational outcomes needs to be recognised in the legislation.
Similarly, Clause 45(4) says:
“In determining whether it is no longer necessary for an EHC plan to be maintained for a young person aged over 18, a local authority must have regard to his or her age”.
I am concerned that subsection (4) and a number of other clauses—Clauses 36 to 41—will result in some young people with complex needs losing a plan once they turn 18. I suggest that Clause 45 should be amended so that instead of starting with,
“A local authority may cease to maintain an EHC plan for a child or young person only if”—
paragraphs (a) and (b) are met, it should read, “A local authority must maintain an EHC plan for a child or young person until their 25th birthday”, unless paragraphs (a) or (b) apply. This strengthening of Clause 45 will provide some confidence that young adults with complex needs will continue to get the support that they need.
In conclusion, children with complex needs have an entitlement to education, and this should not stop at this crucial stage in their lives. This entitlement must be extended to them when they become young adults. Moreover, considerable time, effort and investment has been put into their education as children and, in order to ensure that the social and financial investment that has been made during these school years is protected, the Government must guarantee that young people with complex needs will have continued support past the age of 19. I hope that the Minister will look again at these important issues.
Lord Ramsbotham
My Lords, I welcome the Minister on his legislative debut, and say how much those of us who hope to make a contribution to this important Bill appreciate that, in line with his predecessor, the noble Lord, Lord Hill of Oareford, whose performance was so widely admired on all sides of the House, he has already made himself so readily available to us. I also say how much I admire the way that the Minister for Children and Families, Mr Edward Timpson, took the Bill through the other place, and appreciate that he also makes himself readily available. In supporting the general thrust of the Bill, I am glad that Part 3 in particular received such intense scrutiny in the other place.
I declare two interests and one advantage, plus my experience as Chief Inspector of Prisons. First, I chair the All-Party Parliamentary Group on Speech and Language Difficulties, which earlier this year published a report on the link between social disadvantage and speech, language and communication needs. Secondly, I chair the Criminal Justice and Acquired Brain Injury Interest Group, the founder of which, Professor Huw Williams of Exeter University, has published much valuable research on the number of sufferers who are in the hands of the criminal justice system. My advantage is that I have the pleasure and privilege of sharing an office with my noble friend Lord Rix, who fights so tenaciously for the best interests of those with learning disabilities. Exploiting his vast experience, we often discuss the absence of difference in the process of assessing and treating those with learning disabilities and difficulties. That leads me to the first of my three pleas to the Minister, namely that the birth-to- 25 pathways mentioned in the Bill should not be confined to those with SEN but should be developed as a universal tool to be used with and for every child in the country, to ensure that no possible impediment to learning is missed.
I say that because I believe very strongly that SEN is too narrow a qualification for the continuous programme of assessment and treatment that makes up both the Healthy Child programme, one part of which is speech and language, and the proposed pathways. There is growing evidence that language competence is critical scaffolding for a readiness to learn, and that well developed communication and word skills are fundamental to a good start in the early years at school. In researching for our report, we learnt of some excellent work being done now in different parts of the country to enable every child to engage with appropriate stages of education, an intention that appears to be clearly at the heart of Part 3. I therefore welcome the flexibility inherent in pathways that consist of assessment followed by local offers of individual education, health and care plans, because that is a framework that can accommodate those with speech, language and communication needs as well as SEN, should they be added, as I hope that they will, as a result of amendments to be tabled in Committee.
My second plea, included in our report, goes way beyond the Minister’s pay grade. How do the Government expect a junior Minister in the Department for Education, even one as able as Edward Timpson, to co-ordinate the essential contributions of the Department of Health, the Department for Business, Innovation and Skills, the Department for Work and Pensions, the Department for Communities and Local Government, the Ministry of Justice and of course the Treasury to his department’s Bill? Because the Bill affects every child in the country, I would have thought it sensible to consider co-ordination responsibility being held by a Cabinet Office Minister.
I turn to those who enter custody, either, as now, with unidentified special educational or special learning and communications needs or, in future, following assessment and with an existing education, health and care plan. During my inspections of young offender institutions, as the noble Lord, Lord Addington, said, I learnt that more than 60% of detained children and young people had what are described as neuro-disabilities in an excellent report just published by the Royal College of Paediatrics and Child Health and the Youth Justice Board, entitled Healthcare Standards for Children and Young People in Secure Settings. In other words, they have traumatic brain injury, special speech, language and communication needs, ADHD, learning disabilities and educational needs and the autistic spectrum disorder. Yet Clause 70 of the Bill is headed, quite starkly, “Part does not apply to detained children and young people”. It goes on to say:
“Nothing in or made under this Part applies to a child or young person who is detained in pursuance of … an order made by a court, or … an order of recall made by the Secretary of State”.
I am sure that noble Lords will agree that this means that Part 3 of the Bill does not apply to young people in custody. Unable to believe that the Department for Education could knowingly publish legislation that ran counter to the recently announced intent of the Ministry of Justice to put education at the heart of custodial provision, I immediately wrote to the Minister for Prisons, presuming that he would be seeking to have the clause removed from the Bill. I received a courteous but thoroughly unconvincing explanation from the Minister for Children, saying that the clause is intended to prevent conflict with Sections 18 and 562 of the Education Act 1996, which put the duty to deliver education and support in custody on to local authorities, inserted by the Apprenticeships, Skills, Children and Learning Act 2009, by ensuring that local authorities are not put in the impossible position of having to implement rights and protections for those in custody that may not be appropriate to their circumstances. I would have thought that the issue was far better covered by Clause 25(1)(b)(i) and (ii) of the Bill, which says:
“A local authority in England must exercise its functions under this Part … where it thinks that this would … improve the quality of special educational provision … made in its area for children or young people who have special educational needs, or … made outside its area for children or young people for whom it is responsible who have special educational needs”.
Bearing in mind that the Ministry of Justice consultation was set in train because local authority provision was not working, I hope that the Minister will withdraw the clause before Committee, otherwise I give notice that I shall table an amendment that it does not stand part of the Bill.
Those are my three pleas, and I look forward to pursuing them in Committee. I am of course interested in Part 5 and the role of the Children’s Commissioner but, because it affects every child and therefore the future of our great country, I hope to contribute particularly to Part 3.
Viscount Eccles
My Lords, we have a lot of legislation and I am sure that much that is in the Bill is welcome, but I worry about disengagement—that is to say, the number of people who vote in general elections and other elections. When I look at a Bill, I look for reasons to continue to be worried. The first reason would be if something unexpected came in a Bill, which you would not expect the Government of the day to put forward. The second worry is when a Bill includes aspirations that may be unfulfilled for very good and practical reasons. This disengagement is partly welcome to the public, I regret to say; they are quite interested in becoming disengaged from the political process, which they see as rather inward-looking.
I have one of each of these worries about this Bill. First, on the unexpected element, new Section 3A, in Clause 3, headed “Recruitment, assessment and approval of prospective adopters”—and here I am alongside my noble friend Lady Hamwee—is an authoritarian provision. It gives the Secretary of State power to take certain functions away from local authorities by directions, if the Secretary of State so determines. However, there is no parliamentary procedure for directions, so it is highly draconian. The public knows that local authorities vary widely and will have different opinions about adoption—this is in Part 1 of the Bill—and will come to different conclusions about the best way in which to handle their approach to adoption. I would have thought that it was part of the democratic process that they should be allowed to have different approaches. That, however, is surely in conflict with this Government’s approach to, for example, localism. It is an unexpected clause; I do not welcome it, and it is another reason for disengagement.
Part 5 is my second example. In 2004, in nine sections and one schedule, with a budget that peaked at £3 million, the Children’s Commissioner was created, partly as a response to the United Nations Convention on the Rights of the Child, a child being defined as anybody up to the age of 18. The convention took 10 years to create, from 1979 to 1989, and we ratified it in 1991. It is a convention with very high aspirations; the list of rights is long and, of course, familiar when we think about detriments, abuse and discrimination—all very familiar things. But signatory states should also take,
“all available measures to make sure that children’s rights are respected, protected and fulfilled”,
and that children “reach their potential”. That is a very demanding and large assignment. To date, the Children’s Commissioner has not attempted to tackle the major political issue of that—the joined-up government issue—and could not have done, having never had the budget. So it has been low-key and has looked at rather small but nevertheless significant detriments. A good example would be the exclusions from school affecting about 6,000 children a year. That seems to have been an excellent thing for the Children’s Commissioner to have done, and there has been other excellent and detailed work on detriments.
However, a big report was done at the request of the Secretary of State, the Dunford report, which identified a certain disappointment with the Children’s Commissioner and a gap between what you might have hoped the commissioner had been assigned to do and what the commissioner was actually doing. Now we have a Bill that strengthens the role of the commissioner, and I shall give two examples. In the 2004 Act, the commissioner had a general function,
“of promoting awareness of the views and interests of children in England”.
In the Bill before us, it has become a primary rather than a general function. The Bill states:
“The Children’s Commissioner’s primary function is promoting and protecting the rights of children in England”.
That has been a response, at least in part, to the Joint Committee on Human Rights and is clearly a much more significant function. In the same list of functions, the Children’s Commissioner is now to,
“monitor the implementation in England of the United Nations Convention on the Rights of the Child”—
that is, to monitor but not report on progress. It is a big task to monitor progress against that convention because a great many provisions in that convention involve not only the righting of wrongs but the promoting of positive outcomes.
As a matter of fact, will the Children’s Commissioner be able to do more and, if so, how? Unless Her Majesty’s Government are clear about the accountability that they expect of the Children’s Commissioner and how that accountability will be discharged, we may be raising expectations about what the commissioner can do, and we shall again be disappointed because there will not be the resources to do what the Bill is asking the commissioner to achieve. That will lead to more disengagement by a perhaps small but significant section of the public who have come to think that expectations have been aroused that cannot be fulfilled. That is a dangerous tendency in the way that we approach the details of legislation.
Baroness Wilkins
My Lords, I welcome the Government’s intention to reform the special educational needs system in England. However, I share the disability sector’s concerns, echoed by many noble Lords, that the Bill still requires major improvement if it is to deliver better outcomes for children and young people with special educational needs or disabilities. Worryingly, in some areas the Bill does not protect existing rights and risks making matters worse. I will not repeat the points made by many other noble Lords. I will concentrate on the further action needed to address the challenges and difficulties faced by children with sensory impairments.
We sometimes talk about children with special educational needs as if they were a single entity to which we can apply single, catch-all solutions. That is clearly not the case, as is demonstrated by children with sensory impairments. Sensory impairment is a low-incidence need. Most mainstream professionals are unlikely to have regular contact with such children with which to build up expertise on how to meet their needs. Instead, this expertise is likely to be centred in relatively small, specialist support services and teachers.
It is not clear to me that the department’s proposals on SEN reform fully recognise the importance of specialist SEN support services. Further action is badly needed to ensure that these services are able to do their job—ensuring that every child with a sensory impairment is able to fulfil their potential. We first need to look at the funding of these vital services. The National Deaf Children’s Society has established that in this year alone 29% of local authorities are making cuts to specialist education services for deaf children. RNIB and Sense believe that similar cuts are taking place in other sensory impairment services. These cuts are having a devastating impact. Distressed parents who have fought so hard for their child to get the support they need are now seeing support being taken away. They talk of their children’s futures being stolen.
Last year, just 37% of deaf children achieved five good GCSEs, compared to 61% of children with no identified special educational need. That is a massive attainment gap. It is painfully unnecessary when you consider that deafness is not a learning disability and that deaf children should be doing as well as other children. Deaf children and other children with sensory impairments need more support, not less. When this was raised during the passage of the Bill in the other place, the Parliamentary Under-Secretary of State for Children and Families indicated that his department would not intervene and that it was for local communities to challenge any such cuts. This is shamefully complacent. The department has made a commitment that funding for these services will be protected and yet seems unperturbed that 29% of local authorities are not doing so in relation to deaf children.
What assurances can the Minister give on the success of the Bill, knowing that there is a clear risk that in many areas funding cuts will fatally undermine its ambitions and result in children getting less support? Where are the specialist teachers to advise on a child’s education, health and care plan going to come from unless there is action to protect these services? Who will provide early intervention services? What will families buy with their personal budgets? Without adequate funding to provide these services and staff, it is extremely difficult to see how SEN reform can be made a success. Parents of children with sensory impairments deserve better than this complacency when it comes to their futures. They need the department to take action, not pass the buck to local authorities and communities.
That brings us to accountability. Many of these measures place the burden of holding local authorities to account almost entirely on the shoulders of parents. Not all parents will be able to, or necessarily want to, take this role. The vast majority were not knowledgeable about the world of special educational needs and disability, and are desperately feeling their way, trying to discover what will best help their child. They are busy being parents to all their children, and the parents of children with special educational needs have plenty to do already.
I am surprised to learn how little information is available to parents or professionals on the quality of SEN support services in their area and how little the Bill does to address this. There is no specific requirement to publish information about local authority SEN support services, despite the importance of these services to children with sensory impairments. It does not appear that local authorities would have to publish information by type of need, and they might therefore simply publish generic information about SEN. Nor does it appear that the Government will require the local offer to follow a set format—most importantly with clear expectations for minimum provision—which will make it harder for parents to compare provision in different areas. I understand that the department has been considering representations that Ofsted should inspect specialist SEN support services. I hope that the Minister will be able to update us on the department’s considerations on these concerns and that progress can be made before we further discuss this Bill.
Crucially, will the Minister ensure that the department does much more to ensure that children with sensory impairments get the help that they need from specialist SEN support services? These are the issues that he must address if he wishes us to have confidence that the Bill will make a positive difference to all children, including those with sensory impairments.
Baroness Tyler of Enfield
My Lords, I would like to add my strong support for the Bill. This legislation represents a real opportunity to improve the lives of millions of children and families in this country. I declare an interest as president of the National Children’s Bureau and as chair of CAFCASS.
There is much to welcome in the Bill and I should like briefly to draw attention to several of its key provisions before moving on to the main points on which I wish to focus. First, in terms of promoting family-friendly employment policies that reflect the needs of modern families, I warmly welcome Part 6, which introduces a system of shared parental leave, which will enable families to decide for themselves, given their own circumstances, how best to care for their child for the first year, thereby encouraging both parents to be involved in this critical phase in their child’s life.
Part 7 helpfully complements Part 6 by allowing prospective parents to take paid time off work to attend antenatal appointments. Extending the right to request flexible working to all employees is also part of a much-needed modernisation of working patterns that should lead to greater harmony in the workplace with everyone feeling they are being treated fairly in terms of their work/life balance.
This leads me to the importance of childcare and, in particular, measures to make it easier to offer wraparound care. I will return to this as the Bill proceeds, especially the need for childcare hubs to be able to offer a one-stop-shop facility for parents to access the additional hours needed for wraparound care through a network of linked and quality-assured childminders, However, I am concerned that the proposed removal of the duty on local authorities to publish a formal assessment of the sufficiency of childcare in their areas may result in some local authorities no longer actively working with providers to ensure there are sufficient quality childcare places available locally.
I turn now to four specific areas of the Bill: the family justice reforms, young carers, the local offer and independent advocacy for children in care. First, I give my strong backing to this Bill’s efforts to improve the family justice system and help deliver better outcomes for children and families who go to court after family separation or where children may be taken into care. By tackling delays and introducing a statutory time limit of 26 weeks for care and supervision proceedings and focusing timetabling decisions for care proceedings on the child’s welfare, the child’s interests and well-being are rightly placed at the centre of proceedings and decisions, rather than being left in limbo. Every day matters for a vulnerable child and every day in limbo can feel like a lifetime.
It is worth recalling that the proposed 26-week statutory limit initially attracted a degree of incredulity because the last time an average case took 26 weeks to complete was in 1995. However, over the past year, the average time a case takes to go through court has reduced by some 15 weeks, making this already one of the most radical reforms to care proceedings in a generation, and that was before the legislation commenced. I am also aware that 26 weeks is a maximum. Many new cases this year are being completed in 20 weeks or less. A culture of delay is being replaced by one of urgency. However, there will always be a small number of particularly complicated cases where this is not possible or, indeed, in the best interests of the child. Judges, through effective case management, must feel able and must be able to approve extensions where necessary.
In the run-up to this legislation, there was much heated debate as to what was then being called the presumption of shared parenting and what that would lead to. Following the consultation, it became clear that no one thought that strict 50:50 shared parenting—as some were choosing to interpret the presumption—was sensible, workable or desirable. I am very pleased as well that the language has now changed. The most important thing is that the child and their needs are put first. As other noble Lords have said today, the paramountcy principle is indeed paramount. This is clearly the intention in the child arrangement orders, which should assist in focusing parents on effective co-parenting and making parenting time arrangements in the interests of the child. The initial focus on parents’ rights in this area has moved, quite rightly, to one of joint parental involvement with a focus on the child’s rights and the parents’ responsibilities.
Secondly, at the Second Reading of the Care Bill, I drew attention to the treatment of young carers, which many noble Lords have spoken about today. We have already heard the statistics about the number of children and young people affected, so I will not repeat them. There can be little doubt about the heroic work performed by such children and young people and the importance of the contribution they make to their families. However, the existing legislation simply does not give young carers the protection and support they deserve. All too often, the demands of caring responsibilities at home interfere with a child or young person’s education, as well as shortening their childhood and all the experiences that should entail.
Like many noble Lords today, I was very encouraged by the recent comments made by the Children’s Minister, Edward Timpson, when he said that the time had now come to address this issue. I would therefore welcome an explanation from the Minister of exactly how this commitment is being taken forward and how and when it will be incorporated into the Bill. Young carers sit at the intersection of the Care Bill and this Bill and it is critical that these two pieces of legislation are properly joined up. I strongly believe that, with both Bills before the House, this is an unprecedented opportunity to clear away the current inconsistent and complex law surrounding young carers and to ensure that they are given the same rights and protection that the landmark Care Bill is introducing for adult carers.
Thirdly, I will talk very briefly about Part 3 of the Bill. As time is moving on, I will simply add my voice to that of other noble Lords who have mentioned their concerns about the local offer. It has many good points in making known the services available but I share the concerns about the lack of a duty on local authorities to make some vital services universally available or to deliver the services that families with disabled children need. This aspect of the Bill will need close scrutiny.
Finally, I want to mention briefly the importance of independent advocacy for children in the care system, which was highlighted by my noble friend Lady Hamwee. The Government should be congratulated on introducing legislation improving services and support for children who are looked after and adopted, and for placing young people at the centre of decision-making. However, the Bill can be further strengthened by ensuring that children and young people are given access to independent advocacy at key stages, such as care planning reviews and child protection conferences, to help them express their views, wishes and feelings. Is there scope in Part 1 of the Bill to amend the existing legislation to include a presumption that access to such independent advocacy will be provided?
Baroness Warnock
My Lords, I shall confine myself to Part 3 of the Bill and certainly shall not cover everything. I welcome the Government’s attempt to substitute something better for the discredited system of statements, which has long produced more problems than solutions and has been the cause of great antagonism between parents and local authorities. There will still be appeals against decisions in this area, but the aim is that there should be fewer and that parents should be involved in the assessments at an earlier stage and more realistically. It is also very welcome that the assessments will be independent and that the recommendations can continue up to the age of 25, not only because this will cover the transition from school to college and beyond but because the age of 19 is for many children with special needs a time of quick improvement, so they need help at that stage. I share the astonishment of the noble Baroness, Lady Sharp, that the continuation to age 25 does not cover students at university. I can think of no reason why it should not as they very often need the kind of support that will be offered to people at college.
The new plans are intended to enforce the collaboration between different providers of services, which the original report in 1978, the committee of inquiry, so conspicuously failed to bring about, although it thought about it a great deal. However, there are still certain areas of confusion which I shall be very pleased if the Minister could help to sort out. There is a good deal of vagueness in the Bill and uncertainty about how things are going to work in practice, such as personal budgets.
However, the Bill might be an opportunity to clear up an underlying confusion that has been around for a number of years—in fact, ever since an attempt was made to bring the Education Acts into line with the Disability Discrimination Act. I refer to the difficulty that we have in distinguishing between a disability and a special educational need. Of course, the two often overlap but, as my noble friend Lord Low pointed out, not all disabled people have special educational needs. As the noble Baroness, Lady Wilkins, pointed out, most helpfully I thought, the use of the term SEN is liable to be very misleading because people use it as though all people designated as having an SEN have the same sort of need. I was extremely moved by her appeal to separate off those who have a sensory deprivation of one kind or another and who very often, if their needs are addressed, do not have any other special educational needs. This seemed to me the kind of confusion that the Bill might help to clear up.
In general, I confess to deep scepticism about whether it will be possible for local authorities to fulfil their duties in the face of more financial cuts. In particular, I should like to ask the Minister how local authorities are supposed to fund the training of SENCOs, the cost of which is approximately £3,000 for each trainee. At present, that is paid for centrally, but from April 2014 the cost is to fall on local authorities. Without properly trained SENCOs in each school, the whole new system will collapse. Under the proposed new arrangements, SENCOs will have to make decisions about the needs of children with an SEN but with no education, health and care plan—probably almost 90% of the group of children with SEN—without the help of the school action and school action plus framework. I have not found anything that helps me to understand the rationale for abolishing this distinction, and I should be very grateful to hear the Minister’s justification of it.
It is hard not to suspect that a large group of children—probably 18% of children in any given school, and more in some schools—are going to find themselves at the mercy of very variable and inadequate levels of educational support. I am referring to pupils who have SEN but do not have plans. The supply will be dictated, as usual, by financial considerations rather than considerations of need. I do not complain about that because that is the world that we live in, but the SENCO will have to be both a powerful advocate and very well educated in all different disabilities if he or she is to be able to make that kind of decision.
In particular, I should very much like to be confident—I am not—that the new structure will not lead to an increase in the employment by schools of ill trained and often totally inadequate generalist classroom assistants. Such assistants may do more harm than good to the pupils they are supposed to serve, because their aim is that the child they are looking after should appear more or less to keep up with the rest of the class. They tend to do the work for the child, rather than take time to make sure that the child properly understands what is going on. In the case of dyslexia, I believe that they often do more harm than good. As the noble Lord, Lord Addington, well knows, teaching a dyslexic child involves skill. Such children can be taught and they can be marvellously helped and supported, but an untrained classroom assistant is not the best person to do that.
I regard this Bill as an opportunity rather than anything else, and unless it is suitably amended I think we will have wasted a chance. I refer particularly to Clause 57, which is concerned with special educational provision other than in schools. This has particular, although not exclusive, application to children who have been excluded from mainstream schools. We know that children with special educational needs are many times more likely to be excluded than children without. Pupil referral units—they are mainly pupil referral units but there are other kinds of provision as well—are mostly inhabited by children with special educational needs. There are some very good PRUs. I know quite a lot about one in particular in Tower Hamlets, which does extremely good work. It puts students through GCSEs and A-levels. The work that it does is good, but in particular the teachers are most remarkable people.
Teachers who choose to teach in PRUs are not regarded by the profession or by the department as proper teachers. They are not allowed, for example, to assess school-assessed work at GCSE or A-level because they are only teachers in PRUs. PRUs are not recognised as places where trainee teachers can train because they are only PRUs and not proper schools. This seems to be grossly unfair on those teachers, but there is also a lack of use of what could be a marvellous resource. After all, they are teaching the most difficult children whom other schools have failed to teach, and they are a last resort for extremely vulnerable children. If this last resort is not supported and used, and if the skills on display there are not disseminated through other schools, the children in these units will be undervalued and the resource that they are using will be conspicuously undervalued.
My final point is that I entirely agree with my noble friend Lord Ramsbotham when he says that Clause 70 should be taken out of the Bill. PRUs are places from which children in secure accommodation could most benefit, not only through the skill of the teachers but through the use that the best of these places make of interactive distance learning, which is the most useful kind of teaching that these disaffected children can have. If these children are disaffected at school, they are likely to become yet more disaffected from society as a whole and they will end up in prison.
Lord Judd
My Lords, in the context of a debate such as this, it is as challenging and as important as ever to hear the thoughts and insights of the noble Baroness, Lady Warnock.
Some of us have had the opportunity to visit a young offender institution or to visit a court in which young people stand before the magistrates. I am sure that all of us have had the opportunity to look at street corners in our own community and the young people gathered there. If we had then gone on to talk to those young people, it would have been clear that it would be a miracle if those young people were not in trouble.
Of course, it is important to reflect on our responsibility as a society. The Government set great store by the concept of the big society but we cannot have it both ways. If we are talking about a big society, we are talking about the responsibility of society as a whole. When we see failure and delinquency, it is a failure of society, not just of the youngsters or their immediate families. We all need to remember that.
How far are the matters that we are considering this evening related to the whole value system of our society? Are mutual support and caring, as distinct from succeeding and achieving, given sufficient weight in the values of our society? How far does our educational system reflect that? What is clear is that if there is any work to be done by young people at risk, long-term, lasting relationships in the different areas in which that work is carried out are terribly important. Just to be pushed from one person to another in the system compounds the damage.
I often reflect on the fact that, in the interesting life that I have been able to live, I have never seen any structure or any legislation achieve anything. Good structures and good legislation underpin what should be happening with the reinforcing of the law. What matters are the values, personalities and skills of the people within the system and, indeed, their motivation. I have sometimes seen quite antiquated structures where very exciting things are happening because the people are highly motivated. I have seen perfected structures where nothing is happening because the whole thing is dead in terms of real commitment and inspiration.
A point that has been made well by the noble Lord, Lord Ramsbotham, is that we are dealing with a matrix situation. We cannot possibly expect the Department for Education and our schools to handle these issues on our behalf successfully alone. As the all-party parliamentary group has pointed out so well, it is important that all departments work together—the Department for Education, the Department for Business, Innovation and Skills, the Department for Communities and Local Government, the Department for Work and Pensions, the Department of Health, the National Health Service and Public Health England, the Ministry of Justice and the Home Office, and the UK Border Agency—about which the right reverend Prelate the Bishop of Leicester made some very important points. Furthermore, there must be flexibility, because from time to time other departments of government will become highly relevant, including the Ministry of Defence—for example, what happens to young recruits to the armed services? There has to be an effective operational matrix in matters of this kind.
If this is to succeed, it is terribly important that civil society is involved. Civil society must be involved all along the line. We all received extremely well drafted, very powerful briefings from a range of organisations, not simply the ones that are best known—the National Children’s Bureau, the NSPCC, Barnardo’s, UNICEF UK, the Children’s Society and so on—but all sorts of other specialist groups. What characterises them is the dedication, the commitment and, usually, the calibre of the people working in these organisations and what they have to share.
I am not baiting the Government but merely encouraging them, within the context of their own commitments, to think through the implications of their commitments. If we are talking about the big society, I would like to be reassured that these real players out there in the front line are being properly and consistently consulted about the evolution of policy. I know that quite a number of them still have big concerns and anxieties about the Bill. I will make a specific recommendation to the Minister. Between now and the autumn, when we carry this Bill forward, all those organisations—and if he is not sure which they are, I am very happy to respond to any inquiry from his officials about what names I have in mind—should be consulted about their specific anxieties as things still stand. The Government have an opportunity not just to adjust in the face of opposition, in the formal political sense, but to amend legislation if necessary in the light of the crucial importance of the insight of the front-line players in civil society.
We know, in the mean time, that there are key issues arising, including health provision in schools; arrangements for the disabled and for those with different degrees of dyslexia; transition for the physically disabled and psychologically vulnerable from school to university; education for life—personal, social, health and economic—and, I would argue, citizenship, because of the importance of the young being able to see the distinction between citizenship and passive consumerism; and the ability to ask the questions that should be answered and not simply to tick boxes.
The UK played a significant part in the development of the UN Convention on the Rights of the Child, and we gained tremendous international esteem from the role that we played. The world therefore watches us and our performance, and we have to be on our guard. Again, I specifically suggest to the Minister—and the all-party parliamentary group comes to the same conclusion in its excellent report—that it is high time that, in making decisions affecting children, the rights of individual children, whoever they are, from wherever they come, should always be paramount. As the right reverend Prelate reminded us, this applies every bit as much to immigration and refugees as it does to any longer-term established residents in this country.
Baroness Young of Old Scone
My Lords, I was interested to hear how moved the Minister was by his visit yesterday. I now invite him on another visit, this time to a family who have just experienced a major struggle to get adequate support in school for their son who has type 1 diabetes. I declare an interest as the chief executive of Diabetes UK. However, I am speaking not only on behalf of children and families with diabetes but on behalf of the one million children in this country who have long-term health conditions, such as asthma, heart disease, migraine and epilepsy, who require and often do not get extra support at school.
Several noble Lords have already highlighted the absence of provision in the Bill for this important group. The Health Conditions in Schools Alliance, an alliance of 36 national charities across a wide range of health conditions, has collected evidence from children and parents. We hear about children being excluded from school activities and made to feel isolated and different at a time when they need to feel that they are fitting in. Their academic attainment suffers and, in some cases, their very health or survival is put at risk with crises in their condition being unsupported. In many cases, parents have to give up work or work reduced hours, with serious financial implications for their families and, indeed, for the economy.
Let me give examples. There are 29,000 children in this country with type 1 diabetes. In 70% of cases where a child is unable to inject insulin on their own behalf or where an insulin pump needs simple checks, parents are required to go into schools to provide this simple care. Some 59% of schools do not have a policy of advising staff on how to give medication. There are 63,000 children and young people with epilepsy but less than 40% of schools have an epilepsy policy. Indeed, recently the Children’s Commissioner has criticised ad hoc exclusion of children from schools as the result of long-term medical conditions. Often when schools think that they cannot cope, they simply send the child home.
I should not be critical of all schools because many schools provide excellent support to these children but, distressingly, others do not. It is intriguing that very often that involves neighbouring schools in the same local educational area. So it is not an issue of money, staff or skills—it is a failure of commitment. It is often left to the interest or motivation of a head or a particular teacher. This kind of postcode lottery is unacceptable.
During the debate on the Bill in the other place, the Government spokesman agreed that in some schools support for children with health conditions is below the level we should be seeing and that every effort needs to be made to improve practice on the ground. However, wishing things to be better will not make them happen. We now have a long and deep experience that shows that for those schools which do not voluntarily do the right thing by these children, a statutory requirement is now needed.
I am sure the Minister will have been briefed that the Children Act 1989, the Education Act 2002 and the Equality Act 2010 provide sufficient legislative framework. I simply say that they have not so far. Too many schools have failed to follow the existing guidance given on supporting children with health conditions. I could introduce the Minister, were he in visit mode, to some of the families who have had to fight to get rights through using this legislation. However, for every family that has the tenacity, intelligence and resource to fight that case, there are tens or hundreds who do not.
I would like the Minister to meet some of these families but, more importantly, I invite him also to adopt the amendments tabled on this issue in the other place and lay a statutory duty on schools to have a plan for the support for such children. It is not too much to ask for a million vulnerable children. It will help the Government to meet their ambition of ensuring that all children and young people can succeed whatever their background.
Perhaps I may briefly raise the issue of another omission from the Bill. It may look a bit off the wall, but here goes. The Minister will be acutely aware that the Government failed to include in the Queen’s Speech a provision for the introduction of plain packaging for cigarettes and tobacco products, despite the considerable weight of evidence. We are still waiting. Standard packs are designed to protect children and young people from taking up smoking. This Bill is an opportunity to correct that omission. Why not, Minister?
Baroness Lister of Burtersett
My Lords, as other noble Lords have observed, there is much to welcome in this Bill, even if it has to be read in the context of children and families, particularly those on low incomes, carrying the main burden of austerity and economic and social policies. This is clearly demonstrated by the Office of the Children’s Commissioner’s child rights impact assessment of Budget decisions, which warns that the best interests of children are not being treated as the primary consideration in the design of fiscal measures relating to welfare benefits, tax credits and taxes.
As a member of the Joint Committee on Human Rights, I shall focus on three of the issues raised in our report on the Bill. First, on the reforms to the Office of the Children’s Commissioner, the committee has welcomed them as significant human rights enhancing measures. However, despite the changes made in response to our pre-legislative scrutiny, some concerns remain. The committee recommended that the commissioner’s primary function of promoting and protecting the rights of children should be explicitly defined with reference to the rights set out in the UN Convention on the Rights of the Child, rather than the commissioner simply having to have regard to these rights. This stronger formulation would be in line with the recommendation of the Dunford review, mentioned by the noble Viscount, Lord Eccles.
The committee also underlined the importance of the commissioner’s independence. The recent UNICEF global study of independent human rights institutions for children stresses:
“Independence is the defining feature of human rights institutions for children”.
The degree of independence is pivotal in determining their success or failure. At the same time, independence is also their most fragile quality. UNICEF identifies sufficient and sustainable financial resources as key to independence.
While the Bill enhances the commissioner’s independence, there are very real concerns that it will not have sufficient resources to fulfil its enhanced duties in a way that ensures its compliance with the Paris principles, which govern international human rights bodies. In a digital age it is crucial that an organisation’s independence is signalled by its website. At present that is not the case, despite protracted negotiations. The JCHR has urged the Government to resolve this issue swiftly, and I would welcome the Minister’s assurance that it will do so.
There are also other important ways in which the office of the Children’s Commissioner must be strengthened. These were raised by the Alliance for Reform of the Children’s Commissioner, and no doubt we will explore them in Committee. For example, there is a case for extending the definition of vulnerable children for whom the commissioner is required to have particular regard to include separated children who are seeking asylum, children who have been trafficked and children in custody.
Turning to Part 1 of the Bill, the Joint Committee recommended that Clause 1 be amended to make more explicit the Government’s intention that a fostering for adoption placement does not take priority over a placement with family and friends, where that is the most appropriate placement available. I hope this is what the Minister had in mind when making the welcome assurance in his speech. I hope he can reassure us on that.
The Joint Committee also questioned the evidence base for removing any requirement to give due regard to a child’s ethnic, religious, cultural and linguistic background in making decisions about adoption. The danger is that without any such reference, due regard might not be paid to these factors, which would be incompatible with Article 20(3) of the UNCRC. The committee therefore recommended that these considerations be added to the checklist to which local authorities are required to have regard. This was also recommended by the Select Committee on Adoption Legislation.
Finally, I wish to speak about the shared parental leave provisions. At Third Reading in the Commons the Minister commented that these provisions have,
“not had the same prominence or debate”,
as other parts of the Bill. She suggested that this is,
“perhaps a mark of the remarkable consensus on them in general”.—[Official Report, 11 June 2013; col. 293.]
I am sorry to break that consensus. I agree that there is a consensus around the goal of encouraging and enabling fathers to play a greater caring role in the first year, and of achieving the necessary culture change for this to happen. However, having willed the end the Government have proved too timid to will the means, through a period of leave reserved for the father on a “use it or lose it” basis. As the Government pointed out in their original consultation on modern workplaces:
“International evidence suggests that fathers’ usage of parental leave is higher under schemes that offer them targeted or reserved leave as opposed to just making shared leave available to the father”.
This is somehow forgotten in the otherwise very thorough impact assessment. As it is, the impact assessment anticipates a take-up rate by fathers of shared parental leave of a mere 2% to 8%. This is hardly enough to achieve a culture change or a real shift in the division of caring responsibilities between fathers and mothers, which I believe to be essential if we are to achieve true gender equality. The evidence cited in the impact assessment suggests that this would have a positive long-term effect on children and young people. The Fatherhood Institute has dismissed what is proposed as,
“a re-naming of the existing parasitic Additional Paternity Leave (i.e. transferable Maternity Leave) with a few ‘tweaks’”.
This may strike noble Lords as a tad harsh, but it makes an important point. A father's right to parental leave will be dependent upon and mediated by the mother. That is not a genuine independent right.
The Joint Committee welcomes the provisions as representing progress towards the implementation of the obligation set out in Article 18(1) of the UNCRC to take steps to ensure recognition of the principle of the “common responsibility to parenting”, but it also expresses disappointment that the Bill does not make the more ambitious provision for shared parental leave that was foreshadowed in the modern workplaces consultation. I know that the Government have said that they will keep this matter under review and that there are powers in the legislation to extend paternity leave and for it to be taken in non-consecutive periods. Can the Minister clarify whether this means that it could be taken at any point during the period covered by shared parental leave? Despite these powers, I still believe that this is a step backwards from the enlightened proposals in the original consultation document. Another step backwards is the absence of any provision for part-time leave, even though this was proposed in the original consultation. As the charity Working Families points out, part-time leave and part-time pay may have significant benefits for families, particularly those on low incomes who would like to extend the time they can spend at home, but cannot afford to have no income.
I hope that we will be able to give these and related matters rather fuller consideration than in the Commons, and that we will be able to rectify at least some of the Bill’s weaknesses as we come to scrutinise this important piece of legislation.
Baroness Howe of Idlicote
My Lords, as the noble Baroness, Lady Benjamin, said, I think we are all agreed that this is a very important Bill, interacting as it does with so many pieces of legislation that have only recently been through your Lordships’ scrutiny. Thankfully, we have the summer vacation to study the many reports that are the result of the pre-legislative scrutiny that has already been undertaken, so when we reach Committee in October, we shall be better equipped. There are many areas of the Bill that one is interested in. It is my belief that strengthening the role of the Children’s Commissioner for England is crucial, as indeed is the voice of the child on every single issue, but I shall leave those two matters to one side.
Like other noble Lords, I will concentrate my remarks on the area of special needs. I warmly congratulate the Government on making these reforms the key priority in order to improve the lives of children and families in the UK. It is estimated that one in eight families in England has a child with special educational needs, which equates to 1.7 million children. Given these significant numbers and, one must stress, a likely growth in them as the years go on, it is of the utmost importance that we get these reforms right. We have heard about the problems faced by those with special needs in the health area. It is clear that the current legislation—the Equality Act, education legislation and so on—is not sufficient. There must be a duty on schools to take the necessary action. I am sure that we will come back to this point.
At the heart of the issue is something that Members in the other place argued for vigorously: the need to reduce the battles that families face in getting the support that they need. Indeed, I am pleased that the Government have stated that the explicit aim of the Bill is to end the unacceptable situation where “thousands of families” are forced to go from “pillar to post” and face,
“agonising delays and bureaucracy to get the support, therapy and equipment that they need”.
The success of this Bill will be measured on the extent to which these battles are removed.
The Keep Us Close campaign of the disability charity Scope, whose report was published last year, found that too many families with disabled children and special educational needs were being pushed to crisis point. Almost two-thirds of families said that they were not able to access the services that they and their child needed in their local area. If they have the energy and tenacity to do so, parents are being forced to fight for every last bit of support, be it in schooling, childcare, therapy or leisure services. The impact that this lack of support has on families’ quality of life should not be underestimated; 80% of those families said that that caused them stress and anxiety, and half said that they struggled to hold down full-time jobs as a result of a lack of support in their local area.
The key way in which the Government aim to resolve that is through the introduction of the local offer—the services on which the vast majority of children with SEN, the 87% who do not have a statement, will be reliant. The local offer will require local authorities to publish information on the support available for families with disabled children and children with SEN in their local area, thereby injecting some much-needed transparency into the SEN system. Improving access to information is of course a vital tool in enabling families to find the support and help that they need. I am delighted that the Government are committed to introducing that. However, although the Government’s intention with regard to the local offer is welcome, I fear that in practice it will not bring about the transformation in support for families that has been promised.
The right access to information is vital, but not a panacea. In order to ensure that services are truly responsive to needs on the ground, there must be strong accountability. I seem to recognise that word “accountability” from my noble friend, who I think is sitting behind me, because he requires it on everything to do with children in custody, but it is also relevant in plenty of other areas.
Currently, parents too often feel that nobody is listening to them and that the only way they can get the right support for their child is to go through the formal process of getting a statement, or even going to a tribunal. That is an extremely arduous and complex process and is only for those who have the knowledge and know-how to do so. Moreover, can that really be the most efficient use of time and resources for local authorities that are suffering large cuts to their budgets? As the Green Paper on SEN, published in 2011, states:
“Resources that could be spent on support and teaching are diverted into bureaucracy”.
All that does is create a climate where local authorities and parents are constantly at loggerheads, resulting in damaging delays to children getting the support that they need.
I also echo the comments of the chairman of the Education Select Committee on Report in the other place when he said that he hoped that there would be fewer people having the new education, health and care plans, which replace statements,
“because local offers meet so many of the needs of parents and young people that there is not a requirement for the bureaucratic involvement”.—[Official Report, 11/6/13; col. 205.]
At least one way to do that is to bring about a cultural change whereby parents are seen as partners in the commissioning process, not adversaries.
The Government are committed to ensuring that local authorities publish comments from parents on the local offer. However, I would like to see a duty on the authorities so that when reviewing a local offer, parents and children are not just consulted but their views properly are taken into account. There is another problem, though, pointed out by Keystone Consulting. Around 100,000 children cannot access mainstream education due to sickness, disability, exclusion or being moved around as looked-after children, or because they are in custody. By no means do all the excluded not want to learn; a BIS research paper in January found that more than nine out of 10 NEET young people were motivated to learn but felt that there were barriers.
As Keystone Consulting points out, education provision can be supplied by individual organisations that have created innovative ways to help those who are currently excluded. However, the snag is that the money assigned per student while inside the mainstream system does not follow a young person once they are no longer on the school roll, meaning that it is financially difficult for students to pay for the alternative education that would help them. Online and blended education mixes visual with auditory, verbal and kinaesthetic modes of teaching and ensures that children can focus on learning without being bogged down by external influences that they might struggle to deal with.
My time is more than up so I will not go on further. I simply stress that having small pockets of good practice is not good enough. We must be able to transform support for all disabled children. There must be a legal duty to ensure that local authorities and health agencies consider disability at every stage, be it planning, designing, commissioning, funding, delivering or evaluating local services.
I emphasise the importance of these reforms in meeting the needs of all children with SEN, not just those with the most complex needs. We must seize this opportunity and ensure that the Bill truly transforms support for all SEN children. This is a message that is coming from many other people too. A strong, relevant local offer is an excellent way to do this. Parents all over the country are watching this debate and we must not let them down.
Lord Northbourne
My Lords, this is a good Bill. It addresses important failings in our current child support system. However, it will be very expensive to implement. With the present state of the nation’s finances, there must be a question mark over how local authorities will be able to afford to implement it.
The underlying problems that the Bill attempts to address relate mainly to the problems of those children whose parents are unable or unwilling to give them, or to procure for them, the love, care, support and education that they need if they are to develop into happy and useful adults and to be able to be good parents and good citizens in their turn. It is important that these problems be solved not only for the future of our society but in the context of the human rights of every child and of social mobility within our society. Too many of this nation’s parents today have not been adequately prepared for their role as parents. Might it not be a more effective—and, perhaps, less expensive—way of achieving the Government’s objectives to concentrate more on prevention? Should we not be thinking about what steps we could take to reduce in the future the number of families that will fail to give their children the start in life that they need?
This leads on to two practical questions. First, should we not define more clearly what responsibilities towards their child we as a society expect a parent to accept and shoulder? Secondly, should we not be doing more in school to motivate, empower and prepare our young people, the nation’s future parents, for the responsibilities of adult life and parenthood?
The majority of mothers and fathers want to give their children the start in life that they need, but there are many obstacles in the way. More than 3 million children in this country are growing up in lone-parent households. Some 30% of women and 17% of men have been victims of domestic violence at least once since the age of 16. Some 22% of children live with a parent who drinks hazardously. These statistics, and many others that are available, give some indication of the problems that prospective parents face in our society today: unemployment, family breakdown, unstable and chaotic families, domestic violence, drug and alcohol abuse, mental illness, fathers in prison and many more. We will never entirely wipe out these problems, which devastate the lives of some of our children, but their number and severity could surely be reduced. I believe and hope that such a process might be set in train by the Bill.
There are things that we could and should be doing. I will mention just two. First, we could use the Bill to clarify in simple language the respective responsibilities of parents and the state in the complex task of raising the nation’s children. The complexity of the law today means that too many parents, and especially too many young men, are choosing to ignore their parental responsibilities. Section 2 of the Children Act 1989 refers to “parental responsibility” but does not define it. I should like to see this Bill define a parent’s responsibilities to their child unambiguously and in simple language so that every prospective parent, even teenage fathers, could understand that they have responsibilities towards any child they bring into the world. I would also like them, if possible, to have some understanding of what those responsibilities are. Today, the law on this subject depends on case law. This is fine for lawyers but is not helpful for teachers and others when trying to explain to young people why they should take seriously their responsibilities to their future child. Scottish law has an excellent short definition of parental responsibility, on which I intend to base an amendment.
My second suggestion for action relates to the fact that recent research shows that there are two windows of opportunity in a child’s life when it is possible to influence their social and personal development. The first is in the first three years of a child’s life. This window of opportunity has already been recognised by this Government and has led to their early years programme, so ably led by Graham Allen. The second window of opportunity is during key stage 3, between the ages of 11 and 14. At this age, most young people are eager to find out more about the opportunities, challenges and responsibilities that they will meet in adult life. This is a time when good schools have the opportunity to help, teach and guide pupils on these issues, perhaps through the PSHE programme.
However, the sad thing is that, as Ofsted reports show, few secondary schools today are giving any priority whatever to PSHE. Most do not regard personal and social education as an important subject and in the majority of cases the subject is being taught, if it is taught at all, by teachers with no specialist training or experience in it. I call on the Government to encourage all secondary schools to employ at least one teacher with specialist training in this important subject and to take steps to ensure that enough specialist teacher training is available to make this possible. Today, not one single teacher-training university in this country offers such a course.
Baroness Eaton
My Lords, I declare my interests as a vice-president of the Local Government Association and as an elected member of Bradford Metropolitan District Council. I speak today as the Bill has significant implications for local government. As someone who has worked in local government for many years, I welcome the Government’s commitment to improving the lives of children and young people. It goes without saying that protecting children and helping to provide for their future is one of the most important things that councils do, and councils take those responsibilities very seriously. The measures in the Bill will have a significant impact on councils’ children’s services, because local authorities will have a central role in implementing them.
I know we all want to make sure that the Bill helps secure the best possible outcomes for our children and young people. While I welcome many of the provisions in the Bill and there is much in it to be commended, I have a number of concerns about measures in the legislation, particularly the proposed changes to the adoption system and, as with many others, special educational needs reform.
I served on the House of Lords Select Committee on adoption legislation and had the pleasure of working on this with many noble friends who are here today. I would like to be clear, as the committee was, that adoption is not the only form of permanence available for children. For some, permanence through special guardianships or long-term foster care might be more appropriate. The central consideration must always be what is in the best interests of the individual child.
Some provisions in these clauses are to be commended. For example, councils already make use of fostering for adoption. This increases stability for children. However, it remains essential to progress measures to reduce the significant delay in the courts and uncertainty for the child and those who are not being fostered for adoption. The committee welcomed this clause, and I am pleased that the Government have extended its scope, as we argued that they should, and that there is now a duty to consider a fostering for adoption placement for all children for whom adoption is being considered.
The committee did not agree with the Government’s proposals to remove the requirement to consider ethnicity when matching children with families. We were not convinced, and I am still not convinced, that this process causes significant delay. I believe that it should be not the only consideration but one factor along with others. That said, there needs to be a change to the adoption system, and we welcome many of the reforms that have been introduced. The acute shortage of adopters remains a significant challenge, but the provisions included in Clause 3, which will allow the Secretary of State to remove all councils from the recruitment and assessment of adopters, is not the solution. In fact it risks making things worse for children and adopters.
Voluntary adoption agencies provide only 20% of adopter recruitment. Removing the other 80% runs serious risks of creating more harm than good. Councils will also remain responsible for placing children for adoption and matching them with families. Clause 3 could fragment the system as a result. Adoptive families say that they like the consistency of support from a social worker throughout the process. There are also wider disincentives in the system, which deter councils from recruiting more adopters than they need in their local area. I know that the Local Government Association is already working with the sector on plans to overcome these systemic barriers and to improve performance where necessary.
I am also concerned that this clause does not include criteria for use. There has been room for improvement, but local government has been taking action and we are seeing the impact of this. Recent research from the Association of Directors of Children’s Services has found that the number of children placed for adoption in England has nearly doubled over the past year. We need time for other adoption reforms, such as the adoption gateway and changes to the assessment process, to bed in. I am concerned that the sweeping provision in Clause 3 would undermine this positive progress.
Clause 9 introduces a duty for local authorities to appoint at least one person to promote the educational achievement of looked-after children, the so-called virtual school head. It is important to point out that every local authority in England already has arrangements in place to deliver the function of virtual school heads, because they recognise the importance of helping children to overcome the trauma experienced before they came into the care system and the need to support them in achieving good educational outcomes.
On special needs reform, I know that many of us want to see changes to the system to deliver the best outcomes for children and young people. Many noble Lords have spoken eloquently on this subject. The reforms are ambitious. They aim to ensure that in future children, young people and their parents are at the heart of the system. We therefore need to make sure that the Bill helps to deliver the best outcomes for children and young people with special educational needs. That is why it is important to get the detail right. I am concerned that the Bill will not deliver effective accountability and redress for young people with SEN and their parents. Although one of the key aims of the new system is to bring together education, health and social care, as the noble Lord, Lord Touhig, mentioned, there will be different ways of challenging the education, health and social care aspects of provision through different tribunals, procedures and processes, which risks leaving parents and young people with a confusing system that is time-consuming, difficult to navigate and emotionally draining.
As we have already heard, Clauses 31 and 32 place a duty on local authorities to provide information on the services they expect to be available for children and young people. I am very supportive of the local offer, but I want to make sure that the Bill’s provisions allow local areas the freedom to include the full range of services that help children and young people. The local offer should be developed with local families so that services are designed for them and are not prescribed by Whitehall. The Bill will give councils a range of new duties, and we do not need an extra layer of requirements or we will turn a good idea to provide local people with information into something unworkable.
I also want to see sufficient duties placed on other organisations, such as health bodies, schools and colleges, to ensure that all partners responsible for delivering health, education and care packages provide the services a child or young person requires. For example, provisions in Clause 27 place a duty on local authorities to keep education and care provision under review. Such duties are not placed on health bodies.
My time is up. I am sure that we all commend this Bill. The role of this Chamber is to improve this legislation in a spirit of consensual debate to ensure the best outcomes for children and young people. I am sure that across the House we can improve the Bill in the way that we need to.
Lord Smith of Leigh
My Lords, we are in the local government part of this debate, and like the noble Baroness, Lady Eaton, I must declare my interests. I am leader of Wigan Council, a vice-president of the LGA and chairman of the Greater Manchester Combined Authority. It will be no surprise that I will take a local authority perspective on this.
As the noble Baroness said, one of the most important roles of local councils is as corporate parents. As corporate parents, they have responsibility for the protection of children, making sure they are brought up well and preparing them for the future. As local councils, we try to ensure that that happens. We are not always successful. We have to admit that. We know that outcomes for children in care are still not good enough, and I am sure we want to use this Bill to strengthen that.
Although I did not realise it at the time, the poet Lemn Sissay was a looked-after child in my authority. Noble Lords may well want to ask how a child of African parents got into Wigan. He has done an interesting study called “A Child of the State”. I recommend that all noble Lords look at the video available on the internet. He talks about his experiences—I know they were a few years ago now—in local authority care. It is an eye-opener. It was an eye-opener for me, and I was supposed to be responsible for that.
Local authorities share the Government’s basic objective in this Bill to make outcomes better for children, but like the noble Baroness and the noble Lord, Lord Northbourne, I have a few concerns about Parts 1 and 2. Before we get to the adoption part of the Bill, I want to reflect on the fact that far too many public services are designed to cope with the symptoms of problems rather than to tackle their causes. This is true particularly for family services. In designing our community budgets in Greater Manchester, we began to quote the case of a family in Salford, who within 12 months had consumed over £250,000 of public spending from various public services—police, local housing and others—but who at the end of the year were no different from the way they were at the beginning of the year. We had spent that public money and achieved nothing, so we need to think about this.
We need to think about the point made by the noble Lord that we are dealing with families with complex, often intergenerational, issues. They do not have role models to help them to know how to perform better. Change cannot come—I wish it could—from command. We cannot send a team of social workers into one of our more difficult estates and tell people to improve their lives. They really do not understand and are not able to do that. We need a holistic, sustained and trusted relationship.
I came across such an approach offered through the Life programme, which is run by an inspirational third-sector organisation called Participle. It had been working in Swindon when I heard that it was looking to expand the programme to see whether its success was transportable to other areas, so I invited it to come and work in Wigan. It has been in Wigan for less than two years, but we are already seeing how the lives of the families whom the project is working with in our most deprived areas are being dramatically turned around.
One example concerns a guy who was a drug addict, who had four children and a very chaotic life style, as noble Lords might imagine. With the support of the Life programme he is off drugs and coping very well. His four children are going to school regularly, and they do not truant or cause anti-social behaviour in the area as they did before. The project has not only saved us from the likelihood of having to take four children into very expensive care, but because of the way in which those children are now being brought up we might be able to break that cycle of deprivation and make sure that those kids think about their responsibilities as parents in a different way. That is important. While I applaud the Prime Minister’s recognition of the problem of troubled families, and obviously welcome the recent injection of more money from last week’s spending review, I do not think we are going to get really sustained improvement simply by hoping that we are going to work on a numbers game. We need a holistic, long-term approach, as demonstrated by Participle.
The noble Baroness, Lady Eaton, mentioned many of the points that I wished to raise, so I will not repeat everything that she said. However, I am concerned about the impact of the bedroom tax in my area on fostering, which is the stage before adoption. The changes that the Government made for one bedroom may be welcome, but I am not sure that it is enough. We ought to ask the Government to see how they think the bedroom tax, or the under-occupation rules as they regard it, is impacting on fostering. I sincerely think that it is having an impact in our area.
I agree with the noble Baroness, Lady Eaton, that Clause 3 is really quite unnecessary. It seems a power too far. We already have substantial powers for that. There is a danger of upsetting the market for the provision of adoption, which could be even more disastrous for young children.
On SEN, first, I agree with the comments of the noble Baroness, Lady Grey-Thompson, who is not in her place, about the importance of encouraging young people into mainstream education. In addition to the reasons she gave, I give one example. A mother came to me who had just transferred her child into mainstream education. It was life-changing for that child, and she said that children came around to knock on the door to see whether he wanted to come out to play. Think about that: before that, he had just been trapped in the house and nobody in the neighbourhood knew him because he was off to school in other parts of the borough. Then, because he was at a local school, he was part of the community.
Finally, I pick up the point made by my noble friend Lady Wilkins, which the noble Lord, Lord Northbourne, also mentioned, about the financial situation in local authorities. We must recognise that lots of the things in this Bill will be desirable, but if they increase local expenditure when last week there was another 10% cut to local authority budgets, we will be in danger of promising things that cannot be delivered by local authorities if there is insufficient funding. Once we have performed the scrutiny which your Lordships’ House will do very adequately, I hope the Minister will ensure that we re-examine the implications of the Bill to check that any additional costs are fully and properly funded. Otherwise we will be giving parents and young people false promises.
Baroness Brinton
My Lords, I support the Bill and particularly the core phrase of “support and aspirations” which Sarah Teather MP used to launch the Green Paper when she was the Minister, and which I think runs right through the heart of the Bill. I absolutely accept the previous two speakers’ point about local government’s concerns about funding this, but we have to start somewhere. There is no doubt that “support and aspirations” for children and young people with special educational needs and disabilities are due for reform. The much stronger links in the Green Paper between education, health and social care are critical if we are to move to a truly child-centred approach for those with SEND.
Something has, however, slipped between the Green Paper and the publication of the Bill, although there has, correspondingly, been some remedy of this during the Bill’s passage through another place. The links between health and education are somewhat weaker. In particular, I am concerned about the 25% of children and young people with disabilities or physical illnesses who fall outside the scope of the Bill because they are deemed not to have SEN. However, their education is often harder to access because of their disability.
I am reminded of a student at Impington Village College, where I was a governor for 10 years, who had cystic fibrosis. At the heart of the school is a strong medical and support unit called the Pavilion, which has full physiotherapy, occupational therapy, a nurse on hand and other medical support. Having this in the middle of a mainstream school meant that she was able to access a normal education. She was a very bright young lady. Yet, as the noble Baronesses, Lady Warnock and Lady Howe, have pointed out, schools which do not have this system at their heart would have been reluctant to take her with the thought of her having to do physiotherapy twice during the school day in order to make it possible for her to study. I really think that the Bill will move things forward for many children with severe medical problems like this.
For those children who need social care as part of their education, health and care plan, the Bill only outlines the administrative need. It is not enforceable, as other noble Lords have said. Social care is critical to youngsters with serious disabilities. Without it, they too cannot necessarily access their education fully. This week is junior rheumatoid arthritis week. There are children as young as seven or eight who wear splints and use wheelchairs, although it is not a disease you normally associate with the young. They still need that support if they are going to have education in their local school, which has much to commend it. I hope that the Minister will be able to address this quite specific point about a duty of enforceability during the passage of the Bill.
I am also concerned that the SEND tribunals can hear appeals only on the education element. Surely an education, health and care plan is one unit. Surely the principle behind the Bill is to reduce the silo thinking and behaviour. I absolutely cannot understand why a SEND tribunal should not be able to draw in the health and care plan elements.
If we are serious about the age of 25 as being the key date for those with SEN, it is vital that EHC plans can continue into university and beyond. I just do not understand why employers are included—which is wonderful—but not universities. While we are talking about universities, I was astonished to read today a survey from the Snowdon Trust that SEN support is significantly reduced for graduate students. So you can have a certain amount of support for three years of your undergraduate course and, merely because you are bright enough to continue on to be a postgraduate, your support is significantly reduced—often to 10% of what it was before. If we believe that this provision is to cover young people up to 25, this must be addressed.
Noble Lords will not be surprised to hear me say that there is one group of children whose needs are excluded from SEN and that it is an area that really does need to be addressed. These are children who are so severely bullied that they fear for their safety—and worse, some take their own lives. Their downward spiral is often characterised by their refusing to go to school; the number is estimated at 16,000 a year. I am afraid to say that some schools do not help these children in finding them alternative provision until the bullying is stopped and their confidence built up. Providers such as Red Balloon Learner Centres get 95% of their students back into mainstream education. It is time that these children were able to access temporary special needs support, and I will bring forward amendments at the Committee stage of the Bill.
However, more than that is needed. At present, the regulations and codes of practice for schools dealing with bullies are in a number of places, and I believe that they should be brought together in one clear government statement, in legislation, support documents and codes of practice, so that all schools and colleges are in no doubt about the Government’s strong statements against bullying and how this needs to be dealt with. We also need to have training for teachers, social workers and, frankly, children to start to change the culture. Anti-Bullying Pro, a charity that has worked with Jodie Marsh and Alex Holmes, has done amazing work in over 600 schools to develop anti-bullying ambassadors, but there are thousands more schools still to go. Shy Keenan, whose son Ayden tragically took his own life in March this year, is fighting for Ayden’s Law in a strong campaign at the Sun newspaper to provide protection, training and support to ensure that not one more child has to die. I believe that the special educational needs element of that campaign could well be served by inclusion within this Bill.
I want to focus for the last part of my speech on shared parental responsibility. One problem that many young women face is an employer trying to decide whether or not they might be likely to have a child, and whether that will cause problems for the organisation, even though they know perfectly well that to declare this would be discriminatory. But there is another problem, too. We have focused too much on the mother as being the only parent who can provide parental support in a child’s early years. It is time that parents were able to share between themselves parental leave in those early vital months; by doing this, the problems that I have outlined above of invisible discrimination against women should reduce. An employer will no longer be able to assume that a woman will take her entire parental leave. The same is also true of statutory shared parental pay. I am mindful of the comments, too, of the noble Baroness, Lady Drake, on the role of grandparents in this as well. I would welcome that, although it may be a step too far for this Bill—but I think that we at least ought to start the debate.
The other elements of Parts 6, 7 and 8 are also essential to provide the right support for employees, with, of course, due notice for employers. Flexible working, as outlined eloquently by the noble Baroness, Lady Perry of Southwark, is absolutely long overdue. The measures in this Bill are mature and ones that responsible employers will welcome; investing in their staff will encourage them to stay, and make them more productive. These are very much Liberal Democrat reforms, championed by Nick Clegg, and Jo Swinson, the Business Minister, but resoundingly endorsed by the party. It will produce a more motivated and productive workforce, and employers will be able to recruit and retain staff from a wider pool of talent. It will also have the benefit of increasing the diversity of the workforce—no bad thing—and, I believe, support more sustainable growth within our economy.
There are many elements of this Bill that I have not been able to touch on, but I am looking forward to the next stage, when we will be able to look in more detail at the proposals in this excellent Bill.
Baroness Young of Hornsey
My Lords, the purpose of the Bill is to ensure that all our children have the best possible start in their lives as they move towards adulthood. Of course the Government are right to seek to improve the way that we treat our children.
The focus of the Bill is on some of the most vulnerable children in our society, and the Government’s desire to improve the outcomes for looked-after children is particularly welcome. However, while there are praiseworthy elements alongside the laudable sense of purpose underpinning the Bill, a number of measures need interrogation and I look forward to some robust, thoughtful debate as the Bill makes its way through Committee and Report, as has already been indicated in many of today’s speeches. I also think that the sections relating to children in care are perhaps too modest in ambition, in spite of the commitment to establish the virtual head teacher on a statutory basis. I shall return to these points.
The focus of my remarks will be on adoption and looked-after children. I should declare an interest as a patron of the Post-Adoption Centre, although I speak in my personal capacity. The first area that I want to address gives cause for concern to many, including the House of Lords Select Committee on Adoption Legislation, so ably chaired by my noble and learned friend Lady Butler-Sloss and which was charged with pre-legislative scrutiny of the Bill.
Clause 2 seeks to repeal the requirement to give due consideration to racial origins and ethnicity. The Government claim that black, Asian and minority ethnic children wait longer to be adopted because social workers adhere too strictly to the requirement to consider ethnicity in the previous adoption Act. I have looked in vain for something apart from anecdotal evidence and a few high-profile press examples to support this contention but have struggled to find any. Given the vigour with which the Government have defended their position on this matter, I expected agencies in the field to tell me about the queues of people being denied the opportunity to adopt across racial and ethnic lines, but that was not the case. On the contrary, according to a report in the Daily Telegraph,
“a review of delays in the adoption system by Ofsted concluded that there was ‘little evidence’ that this”—
finding a perfect match—
“was a significant problem ... The study concluded that the main obstacle was not the search for adoptive parents but the complicated legal process of putting children up for adoption in the first place ... ‘There was little evidence of delay caused by an unrealistic search for a “perfect” ethnic match’”.
Last year I hosted a round table organised by the NSPCC with representatives from major adoption and fostering agencies, leading academics with a body of research from the UK and overseas, and adults who had been fostered, adopted, in care and/or were adopters themselves. None could see the merit in getting rid of the need to at least consider race, ethnicity or whatever you want to call it when placing a child for adoption. By the same token, no one suggested that it would be right to say that it was better for a child to languish in care rather than be adopted by parents with a different cultural or ethnic experience. The evidence points to a number of reasons why it takes longer for black, Asian and minority ethnic children to be adopted, a principal reason being that some ethnic groups come into care at an older age than others and are therefore not the desirable babies that many potentially adoptive couples seek.
The noble Baroness, Lady Benjamin, argued this point most emphatically. I am sure that she and professionals like me in the field fail to see why the Government refuse even to include ethnicity and race in the welfare checklist, given that these characteristics fit comfortably alongside the other elements of a child’s welfare. Can the Minister give a substantial, evidence-based reason as to why this option has been rejected? Does his department have a view on the extent to which it would be helpful to encourage more people from a variety of ethnic and cultural backgrounds to become adoptive parents and foster carers? I have not heard much on that issue.
Clause 3 is of concern also, as many noble Lords have pointed out from a range of perspectives. Giving the Secretary of State sweeping powers to direct local authorities effectively to outsource adoption services without consultation presents real problems. Of course any local authorities that are failing in their duties with regard to adoption must be held to account, but it is that accountability that would be diminished were these services to be given over in their entirety to the voluntary or private sectors. In the case of the latter, if this is the Government’s ultimate aim—and I hope that the Minister will strenuously deny it—how would this benefit adoption services? I find it hard to imagine how a private sector company would expect to make a profit in this most sensitive of situations, and voluntary organisations have not indicated that they have the will or the capacity to take over from local authorities.
As noble Lords will be aware, adoption is not the end point but the start of a challenging adventure that has ups and downs. Experienced skilled support for all the parties involved is an essential component of the process and can make all the difference to the quality of the outcome. Adopters should be entitled to a comprehensive package of support, provided by the local authority as part of its statutory obligation. Too often, adoptive parents do not know where to go or whom to speak to for the professional advice and support that will help them over the difficult patches; often the children who come into care have been traumatised, have attachment difficulties and so on. Similar support should also be available to foster carers, special guardians and family and friends carers.
The recently formed Access to Records campaign group comprises seven organisations working together to achieve better experiences for looked-after children and care leavers. It points out that an estimated 350,000 adults in the UK have spent all or part of their childhood in foster or residential care. Around 4,000 people a year seek out their records, and some of their experiences are quite distressing. I also want to address the issue of access to the records and notes from one’s time in care. Unlike an adopted person, a care leaver has no right of access to information about their past, their siblings or even their parents; they might simply have a restricted amount of information handed to them, as the following example illustrates:
“I had been in care for 15 years and found out I could apply for my records, but all I got were 10 sheets of paper with lots of information tippexed out”.
The redaction of notes is a big point of contention for many care leavers too. The experience across the country is very varied, so the campaign that I referred to earlier is looking to introduce an amendment in Committee to consider whether we can clarify this position and make it easier for people who have left care to access their records in their entirety.
The last issue that I want to address is what the right age is to expect a care leaver to cease accessing support services. This has been raised in a number of different contexts today, and the age of 25 has been cited in a variety of contexts. We, too, think that that should be the age until which care leavers can access support, whether that is through foster carers, if both parties are in agreement, or through other forms of support. At the moment that is not available to all people who leave care. Indeed, those who go to university are eligible to have that kind of support but those who do not are not, and we think that should be levelled out. I also support my noble friend Lord Listowel’s idea of an amendment that would establish something like the Staying Put programme as the norm for children and young people leaving care. I, too, am convinced that such a measure would help to mitigate some of the worst outcomes that care leavers experience.
Although there is much to be commended in the Bill, there is still an awful lot of work to do to ensure that care leavers and looked-after children have outcomes more equal to children who grow up in more conventional family arrangements. There is a huge range of questions that we have to ask, one of which is to ask why this keeps happening. This disparity in outcomes is not a new phenomenon; it is not exclusive to the late 20th or early 21st centuries. Instead, it has dogged us for decades and we do not seem to make any real inroads. How do we deliver really high-quality care for those who need to come into the system? How can we get more black, Asian and minority ethnic foster parents and mentors? How can we stop young vulnerable girls in care in particular being groomed and violently abused while apparently being looked after by the state? These are some of the really pressing questions that need to be addressed with some urgency.
Baroness Whitaker
My Lords, in this Bill, which has many good things, I wish only to signal that where children with communication difficulties are concerned—I declare an interest as patron of the British Stammering Association and indeed as a long-term practitioner—there is more work to be done.
For instance, there is a risk that the proposed changes to SEN services will end up excluding such children. Most children with speech, language and communication needs do not have statements and so will not be eligible for education, health and care plans. If school action and school action plus are replaced by a single category of SEN, they will lose out.
They may also lose out if a local authority uses the qualification “wholly or mainly” in allocating healthcare that is associated with education or training to duck out of providing it for children with communication needs, as my noble friend Lord Touhig observed. I know that the Government claim that this provision maintains existing case law, but I ask for the Minister’s confirmation that lawyers agree.
There are some admirable attempts to join up government at local level, but they need to be really effective. Joint commissioning arrangements between local authorities and clinical commissioning groups are welcome, but the duty must be strong enough to actually deliver support on the ground. Similarly, local offers should reflect local joint strategic needs assessments and there must be arrangements for them to be monitored. Any why should the inspectorates themselves not be required to co-operate? The duty to co-operate in Clause 31(2) has a big get-out clause in it which we will need to look at again.
Personal budgets may not be appropriate for the kinds of provision that these children need. They risk fragmenting commissioning routes, so a measure of quality assurance would be important.
I remind your Lordships of the crucial importance of ease of communication for our children as they navigate school and the wider world. The report by the All-Party Parliamentary Group on Speech and Language Difficulties last February emphasised the severe adverse implications of communication difficulties for literacy, mental health, behavioural problems and employment. Four out of five young people not in education, employment or training have speech, language or communication problems, as do very many of those excluded from school, as well as so many of those in custody, as the noble Lord, Lord Ramsbotham, explained in his penetrating speech earlier. Over 1 million children have speech and communication needs not caused by external factors such as having English as a second language.
Not to invest in effective provision produces problems that are costly to solve, as well as distressing for individuals. As my honourable friend John Cruddas said recently, in speaking of social investment:
“Some of the largest returns have been in improving children’s ability to communicate”.
We must ensure that the Bill enables that.
Lord Condon
My Lords, I have a grandson who has special educational needs. He is statemented by his local authority and yesterday I was at a review meeting to consider his transition to senior school. My focus today will therefore be on the provisions in the Bill dealing with special educational needs.
I broadly welcome the Bill. It builds well on the Green Paper, Support and Aspiration. I think that it was strengthened by pre-legislative scrutiny and its passage through the other place and, based on the speeches of noble Lords today, I am confident that it will be further improved during its passage through your Lordships’ House.
My concerns prior to the Bill—I have articulated them in your Lordships’ House on other occasions—and the test that I will apply to the Bill fall into two broad categories. First, will the framework provided in the Bill simplify and strengthen the procedures for diagnosis, recognition and support for children with special educational needs and their families? Secondly, will the Bill improve the likelihood of the actual delivery of improved services and support for these children and their families? The Government’s very good young person’s guide to this Bill states:
“We want to put children and young people right at the centre. We want things to work out right for children. We want services to meet children’s needs, not professionals’ needs. We want children to get the help they need without lots of delays. And we want the new law to improve children’s rights in this country”.
If the Bill delivers on these aspirations, it will transform for the better the lives of so many young people and their families.
I particularly welcome Clause 19, which will improve the likelihood of local authorities having more regard to the views of parents, with the intention of achieving the best possible educational and other outcomes. I also broadly support Clauses 36 to 49, which create the education, health and care plans to replace the statementing process, and I am delighted that where appropriate they will last until the age of 25, for the reasons that other noble Lords have articulated
The experience of too many families with children with special educational needs is a constant, debilitating, bewildering and adversarial struggle to get the best for their child. Assessment can be fragmented, disjointed and endlessly repetitive, and the delivery of promised support is often disappointing, under-resourced, uncoordinated and, sadly, non-existent in many cases. These are systemic failures and should not be taken as criticism of the dedicated professionals up and down the country, most of whom do a good job in difficult circumstances. My grandson is in a wonderful primary school, where he receives outstanding love and support and where he is developing very well.
My enthusiastic support for this Bill is tempered to some extent by my real anxiety that implementation of the new education, health and care plans will be jeopardised by the resource constraints on local authorities and others; again, these concerns have been articulated so well by other noble Lords. These resource constraints may well challenge the likely success of the implementation of these new provisions.
As the Bill passes through all its stages in your Lordships’ House, I will be looking for confirmation that the improved theoretical model of education, health and care plans is reinforced with provisions to ensure the delivery, monitoring and assessment of services in a consistent way, so that the admirable promises made in the young person’s guide to the Bill that I quoted earlier become a reality.
Baroness Cumberlege
My Lords, the fact of life is that more than half the children born today are born to unmarried parents. Some 90% of these children will not be living with both parents when they are in their teens. Sadly, 42% of marriages end in divorce. No longer do we have a society committed to marriage for life, or even cohabitation for life. Unremarkably, we have a dramatic change in the ethic.
Children have emerged from the role of an integral but subsidiary part of the family to a more dominant role, but subject to extreme health and safety considerations, while many parents are obsessed by self-fulfilment rather than maintaining a commitment to marriage. The influence of role models is very apparent, the power of the media is evident and the part played by social media is still hard to assess. Courts and mediators will reflect society. The people involved are products of society, as are we, the legislators.
Someone who was thoughtful, committed and passionate about future generations was the late Baroness Lucy Faithfull. Whenever I think of children I think of Lucy Faithfull. She was the outstanding director of social services for Oxfordshire. Social work was more than a profession; for Lucy it was a way of life. As a legislator she was a force to be reckoned with and was particularly powerful when debating and framing the Children Act in 1989. She took no prisoners and argued her case cogently and with passion. Lucy died on 13 March 1996. She collapsed in the Prince’s Chamber. It was the day of the Dunblane massacre when 16 five and six year-olds were murdered. Some of us remarked that it was no coincidence—who better to greet these children when they reached Heaven?
I am sure that today there are social workers equally committed to their profession but, sadly, they are never short of receiving criticism or being hounded, scrutinised and carrying the can for decisions made or not made. When I chaired social services for East Sussex I was very conscious of those who had turned a family around and who had enabled a child in care, as they were called then, to join the Royal Ballet School, to go to Oxford University or to go on to some other achievement. However, they, the social workers, could never talk about their professional successes because the young person concerned wanted to be considered an equal by his or her peers; they did not want their past to be flaunted or even known. I have great respect for social workers and I am disappointed that they carry such heavy caseloads and are not always given the support that they need.
Moving from the general to the specific, I am pleased with a great deal of what is in the Bill. However, like my noble friend Lady Hamwee, I think that we should consider carefully the findings of the joint research undertaken by the Universities of Oxford and Sussex and possibly consider amending the proposed new Section 1(2A) of the Children Act 1989.
I thank my noble friend Lord Nash for meeting me and the chair of the National Association of Independent Schools and Non-Maintained Special Schools, Sylvia Lamb, to discuss the future of young people aged 19 to 25 with complex and special needs. I believe that there is a follow-up letter in the post and I look forward to reading it.
I chair the trustees of Chailey Heritage Foundation, a school, registered children’s home and transition service for those who have multiple and very severe complex physical needs. On the same site we have a clinical facility, staffed by the NHS and hugely appreciated by parents. The school is over 100 years old and on the past two inspections Ofsted has designated it as outstanding. Three weeks ago the Duchess of Cornwall and the Duchess of Gloucester, our patron, opened our new life skills centre. It is part of Chailey’s transition service for 19 to 25 year-olds with severe and multiple disabilities. It includes residential accommodation and a wide range of day activities.
The transition service is for young people who have left full-time education but are not yet ready to decide where they want to spend the rest of their lives. Until recently, too many of the young people left Chailey for a permanent placement. Most of these placements had few opportunities for continued development and some were heart-breaking in their lack of understanding of the needs of these young adults. Most young people require time to explore life outside school, a time of transition, before they make the fundamental decisions that will govern their future lives. Our young people at Chailey are no exception.
Transition services should be a period in their lives to move from childhood to adulthood and act as a type of social apprenticeship, a period in life that helps them develop as an adult and prepare them for more independent living. I agree with my noble friend Lord Lingfield and the noble Baroness, Lady Richardson, that continued learning of this nature is education for these young people and, because they learn slowly, it needs to continue beyond the age of 18. I was interested in what my noble friend said when introducing the Bill, but Clause 36(10) can be interpreted to mean that a young person over the age of 18 no longer needs an education, health and care plan. Section 6 of the draft code of practice also implies this, and mentions that in some circumstances such a plan would not be appropriate. No, my Lords. I agree with the noble Lord, Lord Patel: these young people still need a plan, including education to help them learn what it means to be an adult. For example, they could take part in adult activities with the support of staff, gaining skills in how to work alongside staff and parents to plan innovative placements for their future. This future could involve them within their own communities.
The role of transition to adulthood should be acknowledged as an educational development. If the right outcomes are identified and provision is made to achieve them, then we can have a lasting impact on that young adult’s well-being and future life. It is not enough to say that local authorities can continue the plan after a young person turns 18, as this does not mean that they will actually do so. Will my noble friend consider strengthening Clause 45(3), so that young adults with complex needs can be confident that they will continue to get the support they require?
In conclusion, what so impresses me is the extraordinary commitment of parents. They have clear aspirations for their children, however profoundly disabled. They above all know the challenges faced by these young people. This is our opportunity to make adjustments to the Bill so that society and parents can help these young people have every chance to lead successful and fulfilling lives. I hope that during the passage of the Bill my noble friend will be sympathetic to the amendments that I and other noble Lords have in mind.
Lord Knight of Weymouth
My Lords, one of the joys of speaking towards the end of a long debate such as this is that most of the points that you wanted to make have been made more eloquently than you are capable of. That is certainly the case in respect of Part 3 of the Bill. As others have done, I welcome the aspirations behind the Bill, and I share some of the concerns that the Bill as drafted does not fully meet those aspirations. In particular, I share the concerns about the 1.4 million children with special educational needs who do not have statements. As school action and school action plus disappear, I am concerned about how those children will be properly provided for.
I share the dismay of the noble Baroness, Lady Warnock, and others, that higher education is strangely excluded. I share the concerns of the noble Lords, Lord Storey and Lord Ramsbotham, among others, about the exclusion of children in custody. I agreed with many of the points made by the noble Baroness, Lady Sharp, about further education colleges. In particular, I am perplexed that million of pounds have been spent on 20 pathfinders, to enable them to test out aspects of the funding behind these reforms in local authorities. Little evidence has been provided to date, and they have now been extended until September 2014 in order for sufficient evidence to be gathered and evaluated, and yet obviously that will not be in time to support the passage of this Bill or the development of the code of practice.
That enforces the concern that the Government’s admirable motivation to get on with this may perhaps cause them in part to rush at some of these things without the evidence that we need. I certainly share the concerns expressed by the noble Baroness, Lady Grey-Thompson, about choice and inclusion. We need to ensure that the parents of all children with special educational needs have a real choice, and that we do not return to the days of some children essentially being parked in provision that is not challenging and not really education, just the minding of those children.
I would like to ask the Minister a couple of questions about one area of Part 3, which is the dry subject of data. I understand from those who I have spoken to that we do not actually know on a local authority by local authority basis how many children will be provided for in these plans. I would be interested to know if that is the case and whether there is any evidence that could be published over the Summer Recess to show that. In trying to work this out, I looked for an impact assessment for those clauses of the Bill that would have been drafted by the Department for Education, but I could not find one, despite the Cabinet Office guidance that impact assessments are generally required for all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations or public services. This Bill certainly does that, so it seems odd that there is no impact assessment to help us make those judgments.
I am also interested in the data-sharing powers that might be needed for these plans to work. Having read the draft code of practice, I draw the attention of noble Lords to page 42, where it states:
“Before providing a child or young person with the Additional SEN Support, a rigorous assessment of SEN should be undertaken by the institution using all available evidence/data sources, such as attainment and historical data, the child or young person’s development in comparison to their peers, information from parents and, if relevant, advice from external support services”.
I remember painfully taking through the data-sharing powers around raising the education leaving age to 18. If we are now starting to integrate, as we should, care services and health services, I would like to know where the data-sharing powers are to allow that effectively to happen.
I shall address the rest of my comments to Part 6 of the Bill. I shall tell noble Lords a little of the story of a woman called Lucy Herd and her son Jack. In September 2008, Lucy gave birth to Jack, the third of her children. It was a particularly emotional time for her since she had lost five children through miscarriage and regarded Jack as a miracle child. After three days in hospital because Jack had jaundice, he came home and was a remarkably happy, cheerful and loving baby. In August 2010, Lucy was preoccupied in the kitchen, but then noticed that Jack was lying face down in the garden pond. Despite her efforts to resuscitate him, and those of neighbours and eventually the paramedics, unfortunately Jack died. Lucy’s partner, her husband, was working on the other side of the world at the time and needed a good 24 hours to be able to come back to comfort Lucy and receive comfort for his grief at their loss. Obviously, Lucy was also dependent on members of her immediate family, her mother and her siblings.
What Lucy found was that although she was able to take time off to deal with her bereavement, her husband had to return to the other side of the world after only five days because that was the limit of the time off that he was allowed. Her mother, a teacher, was allowed seven days of time off to cope with the bereavement and to provide support, while her siblings were allowed only 24 hours. Lucy discovered that there is no statutory entitlement to bereavement leave when your child dies.
I think that this is something that we should address in Part 6. I have referred Lucy to the CBI and the TUC to discuss this with interested parties and the current indications from the CBI is that it has some sympathy with doing something about this. Perhaps a period of two weeks’ time off and using the rest of the time as parental leave as one would if the child was alive might be an appropriate way forward. Lucy has put a petition on the No. 10 website and has had a response from the Government, from which I will read a short passage so that noble Lords know their position:
“Whilst there is no specific right to ‘bereavement leave’, all employees do have a day-one right to ‘time off for dependants’ which allows them to take a reasonable amount of time off work to deal with unexpected or sudden emergencies, including when a close family member dies. Time off will cover arranging and attending the funeral. Employees who exercise this right are protected against dismissal or victimisation. The right does not include an entitlement to pay. The decision as to whether the employee will be paid is left to the employer’s discretion or to the contract of employment between them”.
I simply ask this question: why do we need to introduce a statutory right to time off in Part 6 for parents, which I welcome, when their children are alive, but not for those parents who go through the unimaginable tragedy of losing a child? That is an anomaly that we need urgently to address. Would the Minister, or one of his colleagues in BIS, be willing, before we go into Committee, to meet Lucy and me to discuss the current government position, perhaps with a representative from the CBI, to see whether we can find a way forward?
Along with every Member of the House who has spoken or is about to speak, I look forward to improving the Bill. There is plenty of work to be done and I look forward to working with the Minister on this, his first Bill, and wish him all the best with it.
Baroness Walmsley
My Lords, when you are the 45th speaker in a debate, there is a strong temptation to just say, “I agree”, and sit down, but I am not going to do that because I want the opportunity to welcome the Bill and to echo my colleagues’ tributes to my honourable friend Sarah Teather, because it is to her that we owe the many good things in it.
As a member of the ad hoc Select Committee that looked carefully into Part 1 and earlier legislation on adoption, I will say only on that part that I agree with the views of my noble friend Lady Hamwee and I know that I will agree with the views of our chairman, the noble and learned Baroness, Lady Butler-Sloss, from whom we are about to hear.
Part 2 is about family justice, and the most controversial part of it is Clause 11, which is about what the court might order in relation to parental involvement when parents split up. Normally, it is in the best interests of the child to be able to make a relationship with both of his parents. However, when there has been domestic violence, it is for the court to decide whether contact with both parents is indeed safe and in the best interests of the child, but it is also for the court to ensure the pre-eminence of the best interests of the child presumption. The child has the right to family life under the UN Convention on the Rights of the Child, and the state should facilitate that unless there is danger to the child.
Clause 11(2) mentions a presumption about contact with each parent. There cannot be two presumptions. I am somewhat reassured by the caveats in subsection (3), but I would like assurance from the Minister that the judiciary will be well trained to understand what the Government really mean by that. It is not equal parenting. I trust the good judgment of the noble and learned Baroness, Lady Butler-Sloss, who I think will suggest some amendments to the wording. I hope that the Government will listen to her wise counsel on this matter as the Bill proceeds through your Lordships’ House.
I have several concerns about Part 3. First, I agree with my noble friend Lady Sharp that in the light of the removal of school action and school action plus, it is all the more important that schools are well prepared to identify children’s problems and either provide appropriate help themselves or buy it in. That means, as my noble friend Lord Addington said, a strong SENCO and proper training at both initial teacher training level, wherever that may take place, and in CPD.
I am also concerned about children with visual impairment, who may not have had statements in the past but whose needs were met by school action or school action plus. It is not clear whether there will be a requirement for qualified teachers of the visually impaired to be involved in assessments under the new single category. Perhaps the Minister can tell us.
Secondly, I should like the Bill to be amended to strengthen children and young people’s involvement in decision-making related to their special needs. Like the noble Lord, Lord Condon, I very much welcome Clause 19 setting out the general principles, which was introduced following pre-legislative scrutiny, but the Government’s good intentions are not reflected consistently throughout the Bill’s SEN provisions. In particular, Clauses 32, 36, 38 and 44 appear to exclude younger children from participation in decision-making by providing for the involvement only of parents and of young people over the age of 16. I will be coming back to that matter as the Bill progresses.
Thirdly, my honourable friend Adrian Sanders introduced in another place at Report a new clause to place a duty for school governors to publish and implement a medical conditions policy in order to support the needs of children with health conditions. The Health Conditions in Schools Alliance has collected compelling evidence of the need for that. As my noble friend Lord Storey said, while many schools provide good support, too many do not. The Minister, Edward Timpson, claimed that,
“the Education Act 2002 already places a duty on the governing body of a maintained school to promote the well-being of pupils and … schools are already under a duty through the Equality Act 2010 not to discriminate against pupils with long-term health problems”.—[Official Report, Commons, 11/6/13; col. 216.]
Despite that, however, it is clear that not all schools take heed of this. He said that guidance on “managing medicines” would be published this year, providing clarification on schools’ responsibilities. However, we need perhaps to put a clear duty in this Bill, because of the extent of the issue. There are 1.1 million children with asthma, 63,400 with epilepsy and 29,000 with diabetes in the UK. When their needs are not properly addressed or understood by their school, these children are unable to reach their academic potential.
Fourthly, despite the Government’s very welcome introduction in another place of a provision that EHCs should be portable, it would seem that they are not to be portable into a custodial setting, despite the fact that a majority of young offenders have special educational needs. I agree with my noble friend Lord Storey on that issue.
Fifthly, there is the issue of young carers. My honourable friend Paul Burstow introduced a new clause in another place to ensure that young carers would have the right to an assessment of their needs and a support plan. I agree with many noble Lords who are hoping for progress on that matter as we go through this Bill.
Part 4 introduces childcare agencies for childminders. These may be a good idea if they improve the quality of childminders as well as making life easier for parents. However, I am concerned about two matters. The first is that some of the money that parents pay will be filtered off in profit for these agencies. How will this achieve the Government’s aim of reducing the cost of childcare for parents? Secondly, several noble Lords raised the issue of inspection, and I agree with them about the dangers of not inspecting individual childminders.
Part 6 makes some very welcome improvements to the powers and duties of the Office of the Children’s Commissioner for England. I have waited many years for this, indeed since the legislation that created the commissioner was first enacted in 2004. I am not surprised that people have been disappointed—as mentioned by the noble Viscount, Lord Eccles—because the powers, duties and resources given to the commissioner by the Labour Government were poor and inadequate. This Government have changed all that. The proposals in Part 6 adhere closely to the excellent recommendations in the Dunford review. At last our commissioner can take her place among the children’s ombudsmen of Europe. Hooray! However, I am concerned by what I heard from the noble Baroness, Lady Massey, about her worries for the independence of future commissioners and I will watch this space closely. As much as I welcome the new powers, I would like to see a few little areas strengthened on the issue of the commissioner to enable her effectively to promote children’s rights. Then, my Lords, I will be truly happy.
Baroness Butler-Sloss
My Lords, I am the very last Back-Bencher to speak today. I hope that I am not the least. I welcome this Bill. I think that many aspects of it are excellent. The Government approach to improving the path to adoption and reducing the time taken in care proceedings and achieving the adoption status for children is excellent. However, inevitably, there must be some tweaking here and there, and there are some issues that require amendments in Committee. Much of what I will say will have been covered already. However, as a former family judge, I feel that on a children’s Bill I should, even at this late stage, set out the points about which I have some concern. I do it therefore without apology.
I am very grateful to the noble Lord, Lord McNally, for giving me the opportunity to discuss some of these issues with him yesterday. I am also extremely grateful to the Minister, the noble Lord, Lord Nash, who took the trouble to call me in to discuss these issues some months ago. That was very nice of him and I much enjoyed our meeting. I also wish him well on his first major Bill.
I will make some brief points on Parts 1 and 2 of the Bill, on adoption, private law and public law cases and children trafficked into this country. I am a co-chairman of the All-Party Parliamentary Group on Human Trafficking and a trustee of the Human Trafficking Foundation. I am also a governor of Coram and have other interests in the register connected with BAAF, NSPCC and so on. The adoption committee, of which I was chairman, supported the Government’s steps to improve the adoption process. However, we raised various issues and I select a few, confident that other members of my committee have already raised the others.
On Clause 1, I am concerned about the provision concerning foster parents leading to adoption, for this reason: it is absolutely crucial that the Department for Education gives guidance on the importance of pre-placement work done by social workers, so that social workers are not seen as placing children with foster parents without having taken care to see whether the parents are capable of taking the children back. I was delighted to hear that families will be consulted first, but social workers must not jump the gun. Social workers need to be aware that they must not breach the human rights of birth parents and children, as has been said, under Article 8 of the convention by not doing sufficient preliminary work before placing children with those fostering with a view to adoption. Early intervention with birth families may make it unnecessary to remove children. I was disturbed to learn that money was being taken from early intervention to support adoption. It seems to me that money is needed for both.
I am also concerned, as many other noble Lords have said they are, about Clause 2. In our adoption committee, we were very concerned about the evidence that we received on the question of ethnicity on the basis that if it is out altogether, social workers may go the other way. We had evidence to that effect, with social workers saying, “Ignore ethnicity—it is no longer there. It has been taken out”. I entirely agree with the noble Baroness, Lady Young of Hornsey, so in our report we recommended putting that factor along with others in Section 1(4)(d) of the Adoption and Children Act 2002. I hope that the Minister will listen on this point, which has been canvassed across the House already. I also put down the marker that post-adoption support is essential. The Government are going some way with the passport but have not yet gone far enough.
In our adoption report, we raised the issue of children from abroad who are in the process of being adopted by English adopters and are living with them but who have, until the adoption process is completed, no actual legal status with that family. I do not think that this has been dealt with yet. Those prospective adopters need some legal status to deal with the children whom they intend to adopt. There was a possibility for a residence order, but in a later part of the Bill that is being got rid of. I am not sure that the introduction of arrangements in their place would give the prospective adopters parental responsibility. The foreign birth family may or may not by then have parental responsibility under our law if the adoption process has taken effect in the overseas country. No one else in this country will have parental responsibility, so it is crucial that the prospective adopters who have children living with them have it in order to deal with schools, health and other such issues. I also put in a plea for the Department for Education to get on to the Home Office to hurry up immigration procedures for children in the process of adoption.
However, my major concern on this Bill, along with others who have already spoken on it, is Clause 11. I hope that the House will forgive me if I dwell on this for a moment as a former judge who tried this sort of case. In the majority of cases where parents separate, they come to a sensible arrangement for the children and the involvement of both parents. In some cases, mediation helps that process but there is a hard core of parents who fight out their failed relationship in the arena of the court over child issues. The relationship has soured and become corrosive. One or both parents become unreasonable and it is difficult to get it through to them that the child’s welfare is the overriding concern of the court and more important than the right that some parents feel they have in the arrangements for the children. Mother and fathers can be utterly unreasonable and vindictive towards the other parent. I have seen it again and again in the cases that I have tried. I take the view that in this highly charged state, parents are the last people who should be making decisions about their children’s relationship with the other parent. Some mothers, for instance, cannot believe that their children love the other parent. How could they, when she hates him?
There is the overriding presumption in the Children Act 1989 that the welfare of children is the paramount consideration. Clause (11)(1) sets up a second presumption, inserted by Clause (11)(2), which is girded around with a degree of protection, if not in the interests of the child. A judge or family magistrate starts none the less with a clash of two potentially opposing presumptions: paramountcy of the child’s welfare and presumption that involvement of the parent will further the child’s welfare. Judges and magistrates may disentangle this, and come to a balanced decision, but this is an area of private family law where both parents will now, in the absence of legal aid, be unrepresented and appearing before the judge or magistrates without lawyers. They will be trying to sort out how to arrange the future of the children in this atmosphere of failure of the relationship and a high degree of tension, and no one other than the court to help them.
Clause 11 is a laudable attempt to involve parents, principally fathers, who might not otherwise be involved with their children. We have to be seriously concerned about a substantial group of children whose fathers have no further, or virtually no further, contact with them after separation from the mother. But the wording of Clause (11)(2), aided by press publicity, which has not always been helpful to the understanding of the intention of Clause 11, has raised unrealistic expectations that in future the parent, usually the father, will be entitled to play a substantial part in the future life of the child, regardless of issues about the child’s best interests. Judges and family magistrates will not of course make orders that do not put the child’s welfare first. In this hard core of cases there will then be a serious gap between expectation and the reality of the court decision.
Family academics, particularly from Oxford, Coram, the NSPCC and other groups with real knowledge of what goes on at the coal face, are expressing their major concern about the insertion of a second presumption in child legislation; I share it entirely. I suggest that the word “presume” should be deleted and the words “pay particular regard to” inserted. This would highlight the importance of the involvement of both parents without the legal problem of competing presumptions and, I hope, lower the degree of false expectations by parents of the degree of involvement that can be achieved. It might also be a good idea to have a definition of the word “involvement” to identify direct or indirect involvement and not to be taken to mean any specific quantity of a child’s time.
There is an issue about getting rid of the words “residence” and “contact”, a brave effort by the Government to cut out words that carry baggage, as did “custody” and “access”, but one that I fear is likely to be ineffective. I also fear that the punters who want to fight out their failed relationship through child proceedings will not be fooled. However, there are issues relating to international relations, for example the Hague convention on child abduction and possibly the Brussels II Regulation, and the need for a parent from whose care a child has been abducted to be able to prove a right of custody in order to invoke the support of the child abduction convention. There are also other people who are not parents who may need a form of residence order and the usefulness of parental responsibility for a child in their care. The word “arrangements” may need to be modified and more carefully defined.
The funding of experts is a major issue that I will not go into at this hour. I have some concerns about the need for a greater degree of flexibility in the 26-weeks care proceedings if social workers do not get their act together quickly. I very much agree with the noble Baroness, Lady Tyler of Enfield.
My last point concerns an area that is not in the Bill—the protection of children trafficked into this country. These children almost certainly do not have a parent in this country, or if their parent is here, he or she will have trafficked the child. The local authority of the area in which child or young person is identified as trafficked has a duty to accommodate such a young person under Section 20 of the Children Act 1989. Accommodation does not include sharing parental responsibility with the birth parents. Parental responsibility is given to a local authority only after the grant of an interim care order. I do not suggest that every local authority notified that a trafficked child needs accommodation should seek an interim care order because that would be time-consuming and expensive. I suggest instead that when a child or young person is identified by the national referral mechanism as trafficked, the local authority required to accommodate the child under Section 20 should also automatically be granted parental responsibility for that child while the child is accommodated by it. It would cost nothing, but it would mean that someone would take genuine responsibility for that child in this country. The noble Lord, Lord McColl, pointed out how many trafficked children go missing. Local authorities need to realise that accommodated children need much more care than they currently believe they need.
There are many other issues about which I have some concern. They will arise in Committee, and I foresee a lively time. I apologise for taking so long, but this is an area about which I feel very strongly and have some knowledge.
Lord Lucas
I am very grateful to the House for allowing me to speak in the gap. The noble and learned Baroness, Lady Butler-Sloss, is now neither last nor least. I declare my interests. My family is peppered with special educational needs, and I publish information and advice about them.
I share with the noble Lord, Lord Knight of Weymouth, and many others the conviction that higher education should be in this Bill. I want to see those who are older than 18 given a right to involve their parents in special educational needs negotiations with institutions. There are many institutions that currently refuse to involve parents in such discussions. I agree with the noble Baroness, Lady Grey-Thompson, that choice seems to be threatened by the wording in this Bill, and I, too, want to see how the wording of admissions policy regulations works with this Bill. I want to understand how this Bill affects co-responsibility where children are educated at both a mainstream school and a special school, particularly as regards academies.
I want to be sure that education, health and care plans are owned by somebody, that there is an effective right of appeal for parents who are denied one and that the Government will provide examples of good practice and will not just let these things be developed independently by local authorities. I want to make sure that the military have effective means of portability for education, health and care plans, given the way they are moved around, and I want to be sure that this Bill works for home education. There was considerable progress on this in the Commons, but I do not believe that we have yet got to the end on it.
Most of all, I want to pay attention to the needs of those children who are currently school action or school action plus, who are the great majority of children affected by this Bill. The fact is that labels help. They help the kid, they help the school and, most of all, they help the parents. I have seen this time and time again. Everybody is better after somebody has been diagnosed, and to remove labels is a dangerous thing to do within the context of schools. It is taking us back to the invisibility of these conditions, which was not a good time.
We have problems in the overdiagnosis of school action and school action plus, which is exacerbated by a number of perverse incentives that encourage schools to inflate the statistics either because they wish to give reasons why children were not performing so well or because there were financial incentives involved. We have got to the point where either the pattern of SEN and birth date is the first documented proof of astrology, or there really is a serious problem in the way we are diagnosing school action and school action plus kids. What we want to do is not to abolish it but to get it right. One area that I particularly want to pay attention to is exam concessions. Either we are not giving exam concessions to the kids who deserve them, or we are giving exam concessions to kids who do not. One way or another, we have to explore a way of setting that right.
Baroness Jones of Whitchurch
My Lords, I am very grateful to all noble Lords who have contributed to this wide-ranging debate today. It bodes well for the energy and expertise that will be brought to bear as we scrutinise the Bill in its future stages.
As my noble friend Lady Hughes has made clear, we support reform and the opportunity to improve standards for children in care, children with special educational needs and family justice. The Every Child Matters framework introduced by the previous Government remains an essential guiding principle and helped to transform the lives of many young people, but more can and needs to be done. The Bill provides a welcome opportunity to push forward and demand more of all the agencies impacting on the lives of children.
There is a great deal in the Bill that we support, but there are also glaring omissions and several fundamental differences on policy, which we will explore in detail. Our starting, middle and end point is the need to put the interests of the child first. We have the most concerns where we believe that the Bill veers away from these principles. That message has echoed around the Chamber today. I also agree with my noble friends Lady Morris and Lord Judd that the issue is not just about the wording on the face of the Bill; the dedication of staff, their willingness to collaborate across boundaries and the cultural climate in which they operate all have an important impact on the delivery of services and change.
In that context, what changes would we like to see in the Bill? First, I think we all agree that it is unacceptable that it takes on average two and a half years to be placed for adoption. This has to change, and we are pleased with the progress already being made by those involved to cut the unnecessary delays. We have already seen that by concerted and co-ordinated action, local authorities and courts have been able to act voluntarily to speed up the process without legislation.
Returning to our original theme, we are concerned that the new policy emphasis on the speed of adoption will not always be in the best interests of the child, nor is it a realistic option for many children, particularly older ones, which is why we feel that other forms of permanency including kinship care and long-term fostering should have equal weight and be the first consideration where options are being weighed up. I was very pleased to hear the Minister confirm that this was a concern that he was prepared to address.
We also see a danger that early fostering for adoption can create unrealistic expectations among potential adopters and children, with greater stress and pain should the placement not last. This is why it is important that children should not be placed for adoption unless a formal decision about their future has been made. It is also important that their continued connection and relationship with their siblings post-adoption is planned at the outset of proceedings. Importantly, we also share the concerns of the Lords Select Committee on Adoption Legislation, particularly about the removal of the need to consider ethnicity in adoption. These concerns have been echoed by a number of noble Lords today. The answer surely has to be that it should be included in the statutory welfare checklist so that it becomes one of several factors considered, but not the overriding one.
The Bill gives far-reaching powers to the Secretary of State to outsource local authority adoption services. We share the concerns that have been raised today by a number of noble Lords about how these powers might be used. We will be seeking to define, qualify and add a process of parliamentary scrutiny for those decisions before we are prepared to see those recommendations going forward.
With regard to family courts, again we are concerned that the dogmatic time limits might jeopardise the interests of the child. Of course we share the desire to speed up care proceedings, but we are concerned that the rigid application of 26 weeks might result in complex issues in a child’s background being overlooked.
More fundamentally, we are concerned at the emphasis on shared parenting being introduced as a presumption in separation or divorce, and this point has been well made by a number of other noble Lords. Obviously it is desirable to maintain the involvement of both parents but this should not be at the expense of a child’s welfare, and there is a danger that this paramount principle will be compromised in the new formulation. We look forward to exploring and improving this wording as we progress in the Bill.
We will also be seeking to ensure that continued access to siblings remains a central consideration of any care order, and we hope that noble Lords will support us on this. We will be seeking measures to better support young and vulnerable witnesses in court to ensure that their voice can be heard without adding to their trauma.
On the issue of special educational needs, we will again ensure that the interests of the child are at the heart of our proposals. We have heard many powerful speeches today, and many examples of families struggling to access support. It should not be the case that those with the sharpest elbows or an encyclopaedic knowledge of the system get the best provision for their child, but all too often this has been the case. We welcome the Government’s aspiration to transform the service.
We have heard some divergent views today about whether or not this is a once-in-a-generation opportunity for reform; I suppose that the jury is out on that. Either way, we intend to ensure that the wording in the Bill is unambiguous and comprehensive so that the rights make sense and everybody can understand them. That is why we are concerned that much of the detail, such as the new code of practice, will be set out in secondary legislation and subject to the negative resolution procedure, which by any standards is not a sufficient level of parliamentary scrutiny.
Noble Lords have raised a range of important issues on special educational needs this afternoon and it is not possible to comment on them all. However, I will give noble Lords a flavour of some of the issues that we will be addressing in Committee. Services should be streamlined and integrated, which is why we will argue for the definition of SEN to include all children with disabilities, whether or not they are judged to have an immediate educational need. We will aim to ensure that local authorities have a duty to secure social care provision within the overall duty to provide education, health and care plans. We will want to explore what can replace the more graduated approach of school action and school action plus provision, which has provided substantial care in the past for so many young people.
We will argue for a single point of appeal for parents if services are deemed to be inadequate or failing, a case well made by my noble friend Lord Touhig. On the local offer, we will require Local authorities to be specific about services available and will expect them to meet a minimum standard. We also support the case, made passionately by the noble Baroness, Lady Grey-Thompson, that the barriers that prevent disabled children from choosing mainstream education should be removed.
While we welcome the concept of personal budgets, we share the concern raised by several noble Lords that the pathfinder pilots are simply in too early a stage for us to draw substantial conclusions. Again, we would like to learn far more about the results of those projects before we specify too much detail in the ongoing legislation.
While we welcome the increase in age provision to 25, we will address the loopholes that might allow some young people to fall through the net, such as those in young offender institutions—an issue which that already been flagged up by the Minister—those moving into higher education, and young adults with complex needs transitioning into adult services, a problem described eloquently by my noble friend Lord Patel of Bradford.
On childminder agencies and early years provision, we remain sceptical of the Government’s commitment. Despite the known long-term advantages of early years investment, we have seen a 40% cut in the early intervention grant compared to 2010 and a massively unpopular attempt to increase child/staff nursery and childminder ratios. This is why we will be tabling amendments to protect the current ratios; although the Government have rolled back on that proposal, we do not trust them not to come back with similarly ill thought-through proposals that could damage the interests of young people. We will also want to allow further consultation before childminder agencies can be introduced so that the full implications can be considered and the issue of improved inspection addressed. My noble friend Lady Massey made a powerful case for the importance of PSHE. We will use this opportunity to push for the inclusion of PSHE education in all key stages of the national curriculum, to provide a better understanding of relationships and improved child safety in future.
We welcome the Government’s plan to improve parental leave and extend requests for flexible working. My noble friend Lord Stevenson rightly made the case that shared parenting is normally, and obviously, to the benefit of children. We will want to explore the application of these changes to ensure that they can be universally taken up, and my noble friend Lady Lister made a strong case for further scrutiny on that. We see those changes as a further step forward, building on the family-friendly achievements of the previous Labour Government. However, we also agree with my noble friend Lady Gibson that it is important to ensure that existing employment rights are not diluted in this process. We will also want to explore what further help can be given to young carers. That is an important issue raised by noble Lords around the Chamber, and we look forward to debating the details of the new rights for young carers in the Bill.
The Bill covers a wide mandate and several departments. It is inevitable that some noble Lords will want to concentrate on specific sections of the Bill but, whatever the focus, there remains a common thread running through the clauses. As I said at the outset, our yardstick will be what is in the best interests of the child and how we can achieve better outcomes for all young people. In listening to the debate today, it is clear that there is an emerging consensus about the improvements that we would like to see in the Bill and on which we can focus in Committee. I hope that the Minister can reassure us that there will be genuine dialogue and, unlike his colleagues in the Commons, a genuine welcome for amendments that meet our shared objectives. On this basis, we look forward to working on a cross-party basis and with the ministerial team to improve the Bill.
Lord Nash
My Lords, the debate this evening has been constructive and heartfelt, and I thank all noble Lords who have contributed, particularly the noble Baroness, Lady Jones, for her comments about working forward on a cross-party basis. Many noble Lords have spoken based on extensive experience and expertise, and it would be a privilege to discuss this Bill further in this manner when we move to Committee stage. The Bill is detailed and wide-ranging, and this evening’s debate has clearly shown that the principle that the need to improve children’s services and that the needs of all children, especially the most vulnerable, is central to all we do, is something on which we all agree.
As noble Lords have kindly acknowledged, this is my first piece of legislation as a Minister. I will do my best to respond to the key points made tonight but, in view of the number of speeches, I undertake to write to all noble Lords who have spoken this evening to ensure that I address all the points made in full. I again recognise the work of the Adoption Legislation Committee, particularly its chairman, the noble and learned Baroness, Lady Butler-Sloss, for the authoritative and considered reports that helped to shape these legislative proposals on adoption. Many noble Lords will have built on the committee’s scrutiny in their comments this evening.
The noble Baronesses, Lady Hughes, Lady Howarth and Lady Gibson, and my noble friends Lady Hamwee, Lady Benjamin and Lord Eccles have all raised important points. Everyone involved in the debate today agrees that all children deserve stable, loving homes to thrive. Adoption is the right option for some children; for others, returning home to live with their parents, wider family or friends in long-term foster or residential care will be the right option for them. The Government have a significant programme of reform under way in all these areas, which aims to ensure that children are able to benefit as early as possible from a permanent home that meets their needs, whichever option is right for them. I am grateful to the noble Earl, Lord Listowel, for highlighting the good progress that we are making in this area. Where adoption is the right option, however, we are uncompromising in our efforts to reduce damaging delay. Noble Lords have expressed heartfelt views about the best way of doing this, and I am sure that we will return to the issues of ethnicity and adopter recruitment, as well as many other issues, as the Bill progresses. I am pleased that noble Lords have welcomed the Government’s commitment to clarifying the position with regard to kinship care and fostering for adoption, and I look forward to sharing our progress on that in Committee.
I turn briefly to family justice and particularly to the question of parental involvement, as addressed by Clause 11 and in this debate by the noble Baronesses, Lady Hughes and Lady Howarth, and my noble friends Lady Perry, Lady Tyler, Lady Hamwee and Lady Benjamin. As has been recognised in the debate, this issue is a balance that it is essential to get right. The Government are clear that the provision in Clause 11 does not change the principle that the welfare of the child must be the court’s paramount consideration. We believe that it is important to make clear, especially to parents, how court decisions are made. Wherever possible, parents should work together to resolve disputes about their children’s care. This clause will encourage them to do so by making clear that unless there is a good reason, children should have a relationship with both their parents. Of course, however, it will not achieve this by itself. That is why we are putting in place a wider package of measures to help parents, including better information, advice and support outside the court system. DfE and MoJ officials will be working closely with the NSPCC and others to achieve this.
I turn to Part 3 on SEN. It is clear that noble Lords have a wealth of knowledge and expertise in SEN and disability issues which is long-standing in many cases. I will cover a number of key points raised by noble Lords and write more fully. Almost every noble Lord has spoken on this issue and they will forgive me if I do not pause to list them all. The noble Baronesses, Lady Morris and Lady Howarth, and the noble Lord, Lord Judd, emphasised how achieving the ambitions of Part 3 will depend on a change in culture and approach and in ways of working on the ground. That is a crucial point to recognise. The Bill provides a framework for these changes to happen. We will build on the work of the local pathfinders to take the measures forward sensibly and carefully from September 2014 onwards.
I believe that opinion across the House is behind the principle of the SEN provisions. However, questions have been asked about their scope. It is important to be clear that the purpose of the new approach set out in Part 3 is to reform and bring much-needed improvement to the support for children and young people with special educational needs. This rationale was first set out in the Green Paper and has been followed through to the Bill. However, the reforms are enabling. Local areas can apply the principles behind them to a wider group of children, including to those who are disabled but do not have SEN. Some pathfinder areas are already taking such an approach.
The noble Lord, Lord Patel, spoke passionately about supporting children with health needs, specifically children with cancer. I would like to reassure him that the Minister for Children and Families recently met with CLIC Sargent, where he gave a commitment to see what more we can do through the SEN code of practice and other means to provide the additional support that we all want to see whereby no child, particularly a child with cancer, misses out on the opportunity to fulfil their potential.
Noble Lords, including the noble Lords, Lord Rix, Lord Low and Lord Patel, and the noble Baroness, Lady Hughes, while welcoming the new duty on health bodies, have raised the issue of a specific legal duty on local authorities to deliver the social care provision in EHC plans. Existing duties in Section 17 of the Children Act 1989 and, in the case of disabled children, the Chronically Sick and Disabled Persons Act, already provide important protections, and we expect authorities to provide care services to meet assessed needs. However, prioritising children with EHC plans as a matter of course over all other children in need of social care would risk other groups being marginalised—for example, children suffering neglect.
My noble friend Lord Addington and the noble Lord, Lord Rix, raised the very important issue of access to apprenticeships. Young people with SEN should have access to the same opportunities as their peers. That is why we amended this legislation following pre-legislative scrutiny to enable young people on apprenticeships to receive support through an EHC plan. Of course, it is also essential that apprenticeships are stretching and prepare individuals for sustained employment. Work is currently under way to reform the apprenticeship programme, following an independent review by Doug Richard. The recent consultation included questions about English and maths requirements and accessibility. We will be publishing an implementation plan for apprenticeship reform in the autumn.
On dyslexia, my noble friends Lord Storey and Lord Addington mentioned the need for teachers to be sufficiently trained in supporting children with SEN. Teachers’ initial training must enable them to meet national standards. This includes their ability to adapt their teaching to meet individual needs. My department has worked with the National College for Teaching and Leadership to develop specialist resources for ITT and new advanced-level online training resources in dyslexia and other types of SEN to support teachers in developing their skills in these important areas. I am also pleased to say that currently 39 special schools are designated teaching schools that are investing their particular skills and specialisms in developing the next generation of teachers.
The noble Baroness, Lady Hughes, the noble Lord, Lord Ramsbotham, and my noble friends Lord Storey and Lord Addington spoke with expertise and passion about young people with SEN in the youth justice system. I agree with noble Lords that all young offenders, including those with SEN, need to receive the right support and access to education, both in custody and when they return to their communities. I have listened to the debate this evening and echo the undertaking given by the Minister for Children and Families to identify further improvements to the support that this vulnerable group of young people receive while they are in custody that will complement the transformational reform of education in custody being undertaken by the MoJ.
My noble friend Lord Storey raised the issue of children with health conditions in schools. His concerns were echoed passionately by the noble Lord, Lord Rix, the noble Baronesses, Lady Gibson and Lady Young, and my noble friend Lord Addington. There are already strong legal duties on schools to support children with long-term health conditions such as asthma, diabetes and epilepsy, including in the Education Act 2002 and the Equality Act 2010. Schools must make reasonable adjustments to their practices, procedures and policies to ensure that they are not putting those with long-term health problems at a substantial disadvantage. However, simply giving schools additional legal duties would not tackle the root cause of poor practice. The DfE will issue revised guidance to school leaders, local authorities, staff and governing bodies later this year to replace the Managing Medicines in Schools and Early Years Settings guidance, which dates back to 2005.
The noble Baroness, Lady Grey-Thompson, spoke with extensive knowledge and passion about the choice for parents of disabled children when it comes to placing their child in school. The vast majority of children with SEN have always been taught in mainstream schools. Our policy on inclusion recognises that. The Bill will change the general principle that children with SEN should be taught in mainstream settings and will extend it to young people in further education. I look forward to discussing her specific concerns about disabled children without SEN further.
The Bill also improves choice for parents and young people by giving those with EHC plans the right to ask for a place at any mainstream school, FE college, academy or free school, non-maintained special school, independent specialist college or independent special school organised to make provision for children with SEN that is approved by the Secretary of State under Clause 41. The local authority will be obliged to name the preferred school or college unless it would not be suitable for the child’s age, ability, aptitude or SEN needs, not compatible with the efficient education of others or an inefficient use of resources.
As recognised by my noble friend Lord Lingfield and the noble Lord, Lord Rix, successful local implementation planning will be key to the smooth introduction of reforms. Feedback suggests that general awareness of reforms is already high, including in non-pathfinder areas, with many areas already starting to establish or planning to establish new systems and processes. We have established the pathfinder champion programme and are funding the Council for Disabled Children and other voluntary and community sector organisations to ensure that local areas have access to a comprehensive package of support. We know that a number of non-pathfinder areas are already preparing to implement the reforms and working with pathfinder champions, and we are currently looking at what additional support might be needed. However, I know the noble Lord, Lord Rix, speaks with extensive expertise in this area, and I would welcome the opportunity to discuss the questions he has raised with him and with other noble Lords who would be interested in more detail ahead of Committee.
Tonight’s debate has universally welcomed the fact that the new system will be from birth to age 25. However, the right reverend Prelate the Bishop of Leicester, my noble friends Lord Lingfield and Lady Sharp, and the noble Lord, Lord Touhig, asked specific questions on the post-16 aspect of the new system, which I will seek to address now. We all recognise that some young people with special educational needs require more time to complete education beyond the age of 18. The Bill rightly enables them to do so, but we want to avoid the expectation that every young person with SEN will have an entitlement to education up to the age of 25 regardless of whether they are ready to make, or have already made, a successful transition into adult life.
I assure noble Lords that no young person who needs an EHC plan to complete or consolidate their learning can be denied one just because they are over 18. I should like to reassure the noble Lord, Lord Rix, specifically that supporting young people into employment is very much one of our ambitions. Chapter 6 of the indicative code of practice makes it clear that EHC plans should be focused on achieving outcomes and helping children and young people to make a positive transition to adulthood, including paid employment. We have also developed supported internships, which can be delivered by all colleges from this September.
My noble friends Lord Storey and Lady Sharp, among others, asked about the inclusion of higher education in the new SEN framework. Securing a place at university is a positive outcome for any young person. The higher education sector has its own very successful system of support in the form of the disabled student’s allowance and we should not seek to duplicate or replace it. However, we will look to improve the transition to university in the regulations and the SEN code of practice.
A number of noble Lords, including my noble friend Lord Storey and the noble Baroness, Lady Hughes, asked about our proposals for childminder agencies. This proposal is a small but significant part of the Government’s childcare reforms, which must secure higher-quality parental choice and affordability. We expect that Ofsted inspections will focus on ensuring that agencies are adept at assessing the quality of childminding and putting in place arrangements to drive up quality, ensuring that agencies provide proper support, training and guidance to their childminders and that parents can have confidence in their quality. Ofsted will bring forward specific proposals for inspection arrangements in due course and consult on them.
I am pleased that the House has welcomed the provisions in Part 5 on the Office of the Children’s Commissioner. I am grateful for the comments of the noble Baronesses, Lady Massey, Lady Gibson and Lady Lister, the right reverend Prelate the Bishop of Truro, the noble Lord, Lord Northbourne, and my noble friends Lord Eccles and Lord McColl. I look forward to further discussions about how the commissioner’s new powers will operate in practice. Meanwhile, I refer the noble Baroness, Lady Massey, to the note that my honourable friend the Minister for Children provided to the Standing Committee in the other place, which explains how the appointment process will work in line with the office of public appointments principles and code of practice.
I welcome the comments made by my noble friend Lady Perry and echoed by the noble Baroness, Lady Morris, who rightly pointed out the importance of the measures in the Bill for women. The introduction of shared parental leave and the extension of the right to request flexible working will help to balance the roles and responsibilities in relation to childcare across the genders. I agree with my noble friend Lady Perry about the importance of these measures for fathers. This is about achieving real cultural change, which undoubtedly will take time. Families need and demand the changes in the Bill that will enable this cultural change to happen. As the noble Lord, Lord Stevenson, rightly said, the Modern Workplaces consultation included consideration of a “daddy quota”—leave and pay reserved exclusively for fathers—although economic restraints mean that it is the wrong time to take this forward. I believe that the additional flexibility that shared parental leave will give families will provide far more choice and opportunities for fathers to take on more childcare responsibilities and to play a full role in their children’s lives.
As my honourable friend the Minister for Children has said, we are considering how the legislation for young carers might be changed so that rights and responsibilities are clearer to young carers and practitioners alike. We will also look at how we can ensure that children’s legislation works with adults’ legislation to support the linking of assessments, as set out in the Care Bill, to enable whole-family approaches. The Minister for Children and Families and the Minister for Care and Support will soon jointly meet the National Young Carers Coalition to discuss the key principles for taking this work forward over the summer, as well as how we can most effectively involve the NYCC during this period. I know that noble Lords will be keenly interested in our progress in this area, and we will be pleased to meet those who are interested to discuss it further.
I shall also address in writing the important issues raised by the noble Earl, Lord Listowel, the right reverend Prelates the Bishop of Leicester and the Bishop of Truro, my noble friend Lord McColl, the noble Baroness, Lady Young, and others concerning issues affecting care leavers and others in the care system, as well as support for unaccompanied asylum-seeking children and care leavers. A number of noble Lords also raised the important issue of trafficked children, a particularly vulnerable group. I will respond to the specific points raised in writing following today’s debate. I will certainly agree to meet the noble Lord, Lord Knight, to discuss bereavement leave, and I will take the noble Baroness, Lady Young, up on her invitation to meet the families that she mentioned.
The later stages of this Bill, Committee in particular, will provide an opportunity to consider the detailed issues that noble Lords have raised today. I look forward to those debates and to engaging with noble Lords outside the House to clarify and discuss the Bill’s provisions. Again, I offer my thanks to all noble Lords who have spoken today. I beg to move that this Bill be now read a second time.