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Oral Answers to Questions
(6 years, 9 months ago)
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Chris Elmore (Ogmore) (Lab)
The Secretary of State for Scotland (David Mundell)
The Government have intensified their discussions with the Scottish and Welsh Governments on both the significant increase in powers that we expect to see for the Scottish Parliament and Welsh Assembly and some common UK frameworks following the UK’s EU exit. We are making good progress in those discussions and will meet again tomorrow for the next Joint Ministerial Committee on EU Negotiations, at which I hope further progress can be made.
Chris Elmore
The Secretary of State and fellow Scottish Conservatives say that clause 11 of the European Union (Withdrawal) Bill is deficient. He gave an undertaking to this House that he would table amendments, which he failed to do. He now says that he will deliver amendments in the other place, which he still has not done. Will he set out what happens if he runs out of time to deliver his much-promised amendments?
David Mundell
I am confident that we will be able to bring forward such amendments. We are in significant discussions with the Welsh Assembly Government and the Scottish Government, which both acknowledge that we have tabled to them a significant proposal for changing the Bill. I hope to hear their detailed response to that tomorrow.
Bob Blackman (Harrow East) (Con)
Will my right hon. Friend confirm that it is the Government’s wish that as powers are returned from Brussels to the UK they will be devolved, not only to Scotland but to Wales and Northern Ireland?
David Mundell
Yes, indeed; that is the Government’s wish, although we acknowledge that to make the common market within the UK function effectively, some powers and responsibilities will have to be conducted at a UK-wide level.
Ian Murray (Edinburgh South) (Lab)
Will the Secretary of State set out for the House the mechanism he will use to amend clause 11 of the EU withdrawal Bill, should no agreement be in place by the time the Bill completes its passage in the other place?
David Mundell
I do not share the hon. Gentleman’s pessimism that there will not be agreement before the Bill completes its passage in the other place. I remain positive about being able to reach an agreement with both the Welsh and Scottish Governments. I believe that they are sincere in their expressed view that they wish to reach such an agreement, and we will take every step to ensure that we negotiate to a position at which we can reach an agreement.
Ross Thomson (Aberdeen South) (Con)
Leaving the EU means taking back control of our waters, which is a huge opportunity for Scotland’s fishermen. Does my right hon. Friend agree that the Scottish Government’s EU continuity Bill and stated position of remaining in the single market and customs union would simply sell out Scotland’s fishermen by handing all those new powers straight back to Brussels?
David Mundell
It is incredible that that is indeed the position of the Scottish National party and the Scottish Government. Although at one point SNP Members came to this House and talked about a power grab, they are now willing and want to hand back powers over fishing to the EU right away and to go back into the common fisheries policy.
Tommy Sheppard (Edinburgh East) (SNP)
Will the Secretary of State explain why, if he believes that Brexit is going to have a profound effect on the devolution settlement, he was excluded from the recent meeting of his Cabinet colleagues at Chequers to formulate the UK’s Brexit strategy?
David Mundell
I know that the hon. Gentleman does not recognise the result of the 2014 referendum and therefore that the UK Government Cabinet is a Cabinet for the whole United Kingdom, as are all its sub-committees. The decisions on the Prime Minister’s approach to the EU negotiations were agreed by the whole Cabinet.
Mr Speaker
Order. Was the hon. Gentleman planning to come in again? He has had one question.
Mr Speaker
There was no indication that the hon. Gentleman was seeking two. In an hour-long session, yes, but not otherwise. I do not know why the hon. Gentleman’s brow is furrowed; he has got what was his entitlement and has nothing about which to complain, so he can sit down and we are most grateful to him for doing so.
Lesley Laird (Kirkcaldy and Cowdenbeath) (Lab)
The Secretary of State stood at the Dispatch Box and promised the House that the devolution settlement would be protected. Three months on, we are facing a constitutional crisis. What exactly is the Secretary of State doing to fix the mess he has made of the EU withdrawal Bill?
David Mundell
I will not take any lessons from the hon. Lady whose party was quite prepared to play the SNP game in the Scottish Parliament and vote for a piece of legislation that was quite clearly ruled as not competent by the Presiding Officer of the Scottish Parliament.
Mr Speaker
Good communication is very important in these matters. My office was notified of the intention of the hon. Member for Edinburgh East (Tommy Sheppard) to ask a question, which he has asked. If he wants to ask a second, so be it, but he should not be flailing and gesticulating as though he has been the subject of some sort of adverse treatment, because he has not. If he wants to get up and blurt out a second question, he is most welcome to do so. Let’s hear from the fellow. Come on!
Tommy Sheppard
Thank you, Mr Speaker—I did want to ask the Secretary of State a second question. He has previously said that the most important thing about changes to the withdrawal Bill is that they should command the support of all sides. May I ask him: is that still his policy, and does he believe that any framework arrangements should require the consent of the Scottish Parliament if it changes its operations?
David Mundell
I have set out clearly that, in the process of leaving the EU, I want to ensure that the Scottish Parliament has more powers and responsibilities than it does today. I also want to ensure that we have an arrangement in place to allow us to agree frameworks as we move forward, and that frameworks, as I have previously said, should not be imposed.
Mr Speaker
These exchanges are far too slow. We need short questions and short answers. I want to make progress. Lesley Laird, a couple of brief inquiries, please.
Lesley Laird
My party is the party of devolution, and we will continue to protect that. We are 20 months on from the EU referendum, and a year away from leaving the EU, and yet Scotland’s invisible man in the Cabinet cannot even blag himself an invite to the awayday at Chequers to discuss Brexit. Does the Secretary of State have a plan to fix this mess, or will he continue to front up a Government who are trampling all over the devolution settlement for Scotland?
David Mundell
The Scottish Labour party will be judged on its actions, and I do not see it standing up for the devolution settlement in the Scottish Parliament. Instead, I see it kowtowing to the SNP. In relation to devolution and commitment to the United Kingdom, the hon. Lady, above all people, should know that we have a United Kingdom Cabinet, a United Kingdom Chancellor, and a United Kingdom Prime Minister. Again, she should not kowtow to SNP arguments about separatism—
Tonia Antoniazzi (Gower) (Lab)
The Secretary of State for Scotland (David Mundell)
I have met senior RBS management in Scotland to discuss the decision. I made it clear that its plans were disappointing for customers and communities across Scotland, and I urged it to mitigate the impact of closures as comprehensively as possible.
Tonia Antoniazzi
Small businesses have already reported in Wales and across the United Kingdom that they are being refused if they try to pay in large sums of cash at the post office, as it presents a security risk and post office workers do not have the time to count such large sums of money. What will the Secretary of State do to ensure that there is no disruption to small businesses or the public as a result of these ill-thought-out closures?
David Mundell
I certainly share the hon. Lady’s view that these are ill-thought-out closures, and I am very happy to take the specific point forward. I am sure that colleagues who serve on the Scottish Affairs Committee will also be prepared to put that view to the chief executive of the Royal Bank, who, I am pleased to say, has finally agreed to appear before that Committee.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The big issue for many rural communities, such as those in my constituency in the borders, will be the access to cash given that RBS is shutting so many branches on the back of previous bank closures. Can the Government do more to ensure that rural communities are getting access to the cash to support the local economies?
David Mundell
My hon. Friend raises a very good point. I would be very happy to meet him to discuss that issue further.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
The decline in the centres of our Scottish towns is there to be seen. The closure of the branch of the Royal Bank will be a further nail in the coffin. What proposals does the Secretary of State have to try to arrest the decline of our vital little towns in Scotland?
David Mundell
The hon. Gentleman raises a very pertinent point; the vast majority of these proposed closures, for example, are related to rural communities. We must focus on ensuring that people in rural areas can continue to receive services. There is the issue of cash, which my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) has just raised, and also things such as broadband, which, as the hon. Gentleman knows, we want the Scottish Government to roll out more quickly.
Pete Wishart (Perth and North Perthshire) (SNP)
It has been the custom since 2015 that the SNP lead spokesperson gets two questions at Scottish questions.
The Scottish Secretary is obviously very much aware of the Scottish Affairs Committee’s ongoing inquiry into RBS closures. CEO Ross McEwan has now agreed to appear before the Committee. Bizarrely, the only people who will not go in front of the Committee are UK Government Treasury Ministers, even though they have a 70% share in our interest in that bank. Can he therefore join me in—
Mr Speaker
Order. Let me say to the hon. Gentleman that I need no advice on procedure from him or any of his colleagues. I work on the basis of that of which the office has been notified—one question, and that was why I granted it. I am well familiar with the precedents; I know what I am doing, but I do require effective communication, which was lacking in this case. It is not appropriate for the hon. Gentleman to use his position to try to score some procedural point, which he has spectacularly failed to do.
David Mundell
My Treasury colleagues will have heard the hon. Gentleman’s comments.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
On 6 February, RBS announced that it would give 10 branches in Scotland a stay of execution, on the basis that they were the last bank in town. However, one branch, in the Secretary of State’s constituency, was given a special reprieve but was not the last bank in town. Why should the Secretary of State’s constituents be given preferential treatment while the last banks in some of the poorest communities across Scotland are closed down?
David Mundell
I know that this is a hostage to fortune, but I would like the hon. Gentleman to name that branch, because the three branches in my constituency that were to be the subject of this so-called reprieve—which I agree with him is just a stay of execution—are all the last bank in town. I think he should do his research a little better.
David T. C. Davies (Monmouth) (Con)
The Secretary of State for Scotland (David Mundell)
Scotland held a referendum on Scottish independence in 2014—a “once in a generation” event, we were told—and the result was decisive. Now is not the time for a second independence referendum. Our entire focus should be on pulling together during negotiations with the European Union, making sure we get the best deal for the whole of the UK.
David T. C. Davies
I entirely agree, but if by some chance the Scottish Government do manage to have another referendum, on leaving the single market and the customs union which they share with the rest of the United Kingdom, will my right hon. Friend show it more respect than they are currently showing to the 17.6 million people across the UK who voted for Brexit?
David Mundell
Not surprisingly, I agree with my hon. Friend. He will be particularly aware that 1 million people in Scotland—most of them SNP voters—who voted to leave the EU have been airbrushed out of history; they do not exist. If one listens to the our First Minister, apparently everybody in Scotland voted to remain in the EU.
Mr Speaker
Order. We must focus on the independence referendum, not on the European Union.
Deidre Brock (Edinburgh North and Leith) (SNP)
Does the Secretary of State not think that, once we have clarity on what Brexit will really mean for the people of Scotland, it is right for them to decide their future, and that it is not for Westminster politicians to stop people making a decision?
David Mundell
We had an independence referendum in 2014. The outcome was decisive. We were told ahead of that referendum that it was to be a “once in a generation”—indeed, once in a lifetime—event, and that is what it should be.
Paul Masterton (East Renfrewshire) (Con)
Luke Graham (Ochil and South Perthshire) (Con)
The Secretary of State for Scotland (David Mundell)
The UK Government are either negotiating or implementing a city region deal for all of Scotland’s seven great cities and the regions around them. So far we have committed over £1 billion to this landmark programme, and there is more to come. We are currently negotiating with local partners for both the Stirling and Clackmannanshire and Tay cities deals, and we hope to conclude the heads of agreements in the coming months.
Paul Masterton
The Secretary of State will be aware that a number of the projects associated with the Glasgow region city deal, including two taking place in East Renfrewshire, are over budget and behind schedule. Does he agree that it is vital that we get to work on these projects as soon as possible, so that local communities can benefit?
David Mundell
I do agree with my hon. Friend about raising those issues with the Glasgow city deal. It is not enough just to sign these deals and to promote them; what we need is delivery, and I will look at the specific issues he has raised.
Luke Graham
Will my right hon. Friend help to break the deadlock with the devolved Administration and commit to the amount of money that Westminster is willing to put forward in the Stirling and Clackmannanshire deal, so that Clackmannanshire can realise its true ambition?
David Mundell
My hon. Friend has certainly been a strong advocate for Clackmannanshire in this process. I hope to meet the Scottish Government shortly to discuss both this deal and the Tay cities deal, in the hope that the Scottish Government and the UK Government can go forward with local partners in a collaborative way.
Patricia Gibson (North Ayrshire and Arran) (SNP)
Does the Secretary of State share my frustration at the lack of progress on the Ayrshire growth deal? Does he agree that it is time to get on and kick-start the deal for all the people of Ayrshire?
Alan Brown (Kilmarnock and Loudoun) (SNP)
Further to that question, will the Secretary of State give us a timeline for when the UK Government will agree the Ayrshire growth deal?
David Mundell
The hon. Gentleman’s constant flow of negativity is in marked contrast to the three local authorities that I met recently in Ayrshire, which are very keen to work with the Scottish Government and the UK Government to make the Ayrshire growth deal a reality.
Hannah Bardell (Livingston) (SNP)
Stephen Gethins (North East Fife) (SNP)
Mhairi Black (Paisley and Renfrewshire South) (SNP)
The Secretary of State for Scotland (David Mundell)
As Members would expect, I have very regular discussions with the Prime Minister and the Cabinet regarding UK Government policy and how it affects Scotland. The UK Government are committed to securing a deal that works for all parts of the UK, including Scotland.
Hannah Bardell
Has the Secretary of State just given up on getting the consent of the Scottish Parliament for any changes to its powers on the devolved settlement that this Tory Government plan to make, or is he so out of the loop that he no longer gets invited to Cabinet meetings and has quite simply become an irrelevance?
David Mundell
I do not know who briefs the hon. Lady, but the Joint Ministerial Committee on EU Negotiations is meeting tomorrow. We are meeting with Mike Russell and Mark Drakeford, and we hope to take forward the solid progress that we have achieved over the course of these meetings.
Stephen Gethins
One area where the Scottish and UK Governments appear to agree is that plans to take us out of the single market will be devastating for Scotland’s GDP, so can he tell us what plans he has to protect public services in Scotland from that?
David Mundell
The hon. Gentleman usually takes his brief with great seriousness, and therefore I am sure that he will have read the Prime Minister’s speech, if not watched it last week, which set out how the UK Government will approach the negotiations.
Mhairi Black
We have seen the Secretary of State go back on his words about the single market and have his authority undermined by not being invited to the PM’s Brexit meeting, and we are still waiting for his amendments to the withdrawal Bill. Given that the deadline is next Thursday, will this be just another catalogue of failures for the Secretary of State?
David Mundell
I would be very pleased if, after tomorrow’s meeting of the JMCEN, we are able to bring forward an agreed amendment that can be tabled in the House of Lords. That is certainly the aspiration of the UK Government.
David Duguid (Banff and Buchan) (Con)
Last week, the Prime Minister met me and colleagues from our fishing constituencies around the UK, including Scotland. Does my right hon. Friend agree that the meeting highlighted how this Government are serious about realising the opportunity presented by Brexit, and reminded us that only this Government will take us out of the common fisheries policy?
David Mundell
Absolutely. Since his election to this place last year, my hon. Friend has been a powerful advocate for the fishing industry and the expressed wish of the fishing industry to leave the common fisheries policy, and that is what this Government will deliver for the fishing industry in Scotland.
Tom Pursglove (Corby) (Con)
David Mundell
I certainly agree with my hon. Friend that talk of a second independence referendum is unwelcome and unnecessary. We have reached the point in the negotiations where we all need to come together and work with the Prime Minister to get the best possible deal for Scotland and the whole of the United Kingdom.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
What progress is being made on ensuring that Scotland’s food producers will still have the protection that they need for important geographic brands such as Orkney beef or Shetland lamb after we have left the European Union?
David Mundell
I can assure the right hon. Gentleman that, despite scare stories to the contrary that have appeared in some parts of the media, there will be no change to the protection of those brands or an allowing in of false brands purporting to be them.
Martin Whitfield (East Lothian) (Lab)
Non-UK nationals are essential to the agricultural industry in East Lothian. Can the Secretary of State guarantee that they will still have the same access after we leave the EU?
David Mundell
I very much welcomed the debate in this Parliament on that issue, led by my hon. Friend the Member for Angus (Kirstene Hair) who has been a strong advocate of the need for seasonal workers in Scotland, particularly in the soft fruit industry. The points raised in that debate and in the meetings of the Scottish Affairs Committee have all been recognised by the Government and will be looked at as we move forward.
Stephen Kerr (Stirling) (Con)
The Secretary of State for Scotland (David Mundell)
My colleague the noble Lord Duncan met with partners recently at the Forth Valley College, and I have met Cabinet Secretary Keith Brown to discuss the Scottish contribution to the deal. I hope to meet Mr Brown again shortly.
Stephen Kerr
It sometimes feels that the Stirling and Clackmannanshire city deal is taking longer to deliver than a baby elephant at Blair Drummond safari park. When does the Secretary of State expect to sign a heads of agreement with the Scottish Government and the local authorities? What discussions has he had with the Secretary of State for Defence on the future use of the Ministry of Defence site at Forthside in the city deal? [Interruption.]
Mr Speaker
Order. I want to hear the answer, to hear whether the Secretary of State is widening it beyond Stirling and Clackmannanshire or not.
David Mundell
We hope to sign that deal soon. The Ministry of Defence intends to dispose of Forthside by 2020, under the better defence estate strategy. We are working with the MOD to look at how the site can be part of that city deal.
Mr Speaker
I will give the hon. Gentleman the benefit of the doubt, but he must not shoehorn his own constituency into the matter. Let’s hear it.
Stewart Hosie
The Stirling and Clackmannanshire city region deal does indeed include the transfer of MOD land at Forthside, and the decontamination of that land, to Stirling Council. I understand that that is no longer going to happen. Can the Secretary of State tell us whether it will happen and when will it happen, or is it yet another broken Tory promise?
David Mundell
How disappointing to allow that negative note into proceedings on city deals. City deals have worked because they have been a positive collaboration between the UK Government, Scottish Government, local authorities and partners, and it is exactly that sort of negativity and politicking that undermines the whole process.
Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Wales (Stuart Andrew)
The latest official figures show that the Scottish economy is growing, but at a slower pace than we would like and continuing to lag behind the UK. The UK Government are delivering for Scotland, including with our UK-wide industrial strategy, and of course with £2 billion of extra spending for Scotland, but the Scottish Government hold many of the levers that could drive growth, and they should be using those to make sure Scotland becomes a competitive place to do business. [Interruption.]
Mr Speaker
Order. I understand the sense of anticipation in the House, but we are discussing the strength of the Scottish economy, in which colleagues should take a polite and respectful interest.
Ged Killen
The Secretary of State will be aware of the proposed closure of the 2 Sisters chicken plant in my constituency, with 450 jobs at risk. Will he join me in calling on the Scottish Government to set up a taskforce to look at viable alternatives? Will he agree to meet me to set out any help the UK Government might be able to offer?
Stuart Andrew
I thank the hon. Gentleman for that question, and yes, absolutely; the Secretary of State and I were talking about this this morning. He is more than happy to meet the hon. Gentleman, and will raise the issue with the Scottish Government on his behalf.
John Stevenson (Carlisle) (Con)
The success of the economy of the south of Scotland is clearly linked to that of the economy of the north of England, particularly my constituency of Carlisle. Does the Minister agree that the borderlands initiative is an exciting opportunity for both sides of the border to boost economic growth?
Stuart Andrew
I completely agree with my hon. Friend. We are of course bringing about growth deals all over the country, and we also need to look at those areas where we can have them across borders, so we completely welcome the project he talks about.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Toby Perkins (Chesterfield) (Lab)
The Parliamentary Under-Secretary of State for Wales (Stuart Andrew)
We know your interest in tennis, Mr Speaker. The success of Andy Murray in the singles, Jamie Murray in the doubles and Gordon Reid in the wheelchair event has undoubtedly increased interest in tennis in Scotland. We would certainly support measures that encourage more people to engage with tennis and, indeed, any sport in Scotland.
Toby Perkins
I am very encouraged to hear that. As we look towards the legacy of Andy Murray, the greatest British tennis player ever, it would be great to see the UK Government, the Scottish Government and perhaps even Glasgow City Council working together with the Lawn Tennis Association to make a profitable tennis tournament at ATP elite level.
Stuart Andrew
Indeed; Scotland has been a great venue for tennis. The Scottish Government actually lead on this. It would be welcome to hear anything from the Scottish Government, and we would be more than happy to meet them to discuss the situation.
Simon Hoare (North Dorset) (Con)
The Prime Minister (Mrs Theresa May)
I would like to begin by updating the House on the Government’s response to the incident that occurred in Salisbury on Sunday. I pay tribute to the work of all the emergency services who responded at the scene, and those who are now caring for the two critically ill individuals in hospital. As my right hon. Friend the Foreign Secretary told the House yesterday, the police investigation is ongoing. Yesterday afternoon, I chaired a meeting of the National Security Council, where we were updated on that investigation, which is now being led by counter-terrorism police. This morning, my right hon. Friend the Home Secretary chaired a meeting of the Government’s emergency committee, Cobra, and she has asked the police to provide an update later today.
This morning, I had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall have further such meetings later today.
Simon Hoare
Representing a south-west constituency, may I align my remarks with those of my right hon. Friend? The incident in Salisbury has clearly caused great concern across the south-west and, of course, the country.
North Dorset’s councils and I share the Prime Minister’s commitment to delivering new housing, such as the 1,800 new homes proposed for Gillingham in my constituency. We understand how housing transforms lives and supports local economic growth. May I welcome this week’s announcement from the Prime Minister? Let us get Britain building and deliver those quality homes of all tenures that our constituents now need.
The Prime Minister
My hon. Friend is absolutely right about the importance of housing. Earlier this week, I confirmed that the Government are rewriting the rules on planning to help restore the dream of home ownership. We want to see planning permissions going to people who are actually going to build houses, not just sit on land and watch its value rise. Our new rules will also make sure that the right infrastructure is in place to support housing developments, and planning changes will also allow more affordable homes to be prioritised for key workers. The Government have made it a priority to build the homes people need so that everyone can afford a safe and decent place to live.
Jeremy Corbyn (Islington North) (Lab)
I thank the Prime Minister for the short statement she made concerning the incident in Salisbury. I think we all thank the emergency and security services for their response, and we await updates on the progress of investigations into the cause of that incident.
Tomorrow is International Women’s Day—a chance both to celebrate how far we have come on equality for women but also to reflect on how far we have to go, not just in this country but around the world.
Later today, the Prime Minister is due to meet Crown Prince Mohammed bin Salman, the ruler of Saudi Arabia. Despite much talk of reform, there has been a sharp increase in the arrest and detention of dissidents, torture of prisoners is common, human rights defenders are routinely sentenced to lengthy prison terms, and unfair trials and executions are widespread, as Amnesty International confirms. As she makes her arms sales pitch, will she also call on the Crown Prince to halt the shocking abuse of human rights in Saudi Arabia?
The Prime Minister
I thank the right hon. Gentleman for telling me that it is International Women’s Day tomorrow. I think that is what is called mansplaining.
I look forward to welcoming Crown Prince Mohammed bin Salman from Saudi Arabia to this—[Hon. Members: “Shame on you!”] Labour Back Benchers are shouting “Shame” from a sedentary position. I say to those Back Benchers that the link we have with Saudi Arabia is historic and important, and has potentially saved the lives of hundreds of people in this country. The fact that it is an important link is not just a view that I hold. The shadow Foreign Secretary said this morning:
“Our relationship with Saudi Arabia is an important one”.
She went on to say:
“that doesn’t mean that we should be pulling our punches.”
I agree, which is why I will be raising concerns about human rights with the Crown Prince when I meet him.
As the right hon. Gentleman started on the issue of International Women’s Day, I welcome the fact that the Crown Prince will be sitting down with, as the guest of, a female Prime Minister.
Jeremy Corbyn
A year on, the Government are still suppressing a report on the funding of extremism, which allegedly found evidence of Saudi funding going to terrorist groups here in the UK, thus threatening our security. When will that report come out?
A humanitarian disaster is now taking place in Yemen. Millions face starvation and 600,000 children have cholera because of the Saudi-led bombing campaign and the blockade—600,000 children with cholera is something that everyone in this House should take seriously. Germany has suspended arms sales to Saudi Arabia, but British arms sales have increased sharply and British military advisers are directing the war. It cannot be right that the right hon. Lady’s Government are colluding in what the United Nations says is evidence of war crimes. Will the Prime Minister use her meeting with the Crown Prince today to halt the arms supplies and demand an immediate ceasefire in Yemen?
The Prime Minister
The right hon. Gentleman raised two questions. On the first point about the Home Office’s internal review, the Government are committed to stamping out extremism in all its forms. When I was Home Secretary, I launched the counter-extremism strategy. My right hon. Friend the current Home Secretary has appointed our counter-extremism commissioner. The review gave us the best picture of how extremists operating in the UK sustain their activities and improved our understanding of that. Its most important finding was that, contrary to popular perception, Islamist extremists draw most of their financial support from domestic, rather than overseas, sources.
I understand that because of some of the personal content in the report, it has not been published. However, Privy Counsellors have been invited to go to the Home Office to read the report. That invitation was extended, I believe, to the shadow Home Secretary, so she and other Privy Council colleagues on the Labour Front Bench are free to go and read the report.
The second issue that the right hon. Gentleman raised was the humanitarian situation in Yemen. We are all concerned about the appalling humanitarian situation in Yemen and the effect that it is having on people, particularly women and children. That is why the Government have increased our funding for Yemen. For 2017-18, we increased it to over £200 million. We are the third largest humanitarian donor to Yemen. We are delivering life-saving aid that will provide nutrition support for 1.7 million people and clean water for 1.2 million people.
I was pleased that when I went to Saudi Arabia in December I met the Crown Prince, and raised with him the need to open the port of Hodeidah to humanitarian and commercial supplies. I am pleased to say that Saudi Arabia then did just that. This vindicates the engagement that we have with Saudi Arabia and the ability to sit down with them. Their involvement in Yemen came at the request of the legitimate Government of Yemen. It is backed by the United Nations Security Council, and as such we support it. On the humanitarian issue, it is for all parties in the conflict to ensure that they allow humanitarian aid to get through to those who need it.
Jeremy Corbyn
Of course we all want all possible humanitarian aid to go to Yemen to help the people who are suffering, but I refer the right hon. Lady to the remarks made by the former International Development Secretary, the right hon. Member for Sutton Coldfield (Mr Mitchell), who said:
“we must not be afraid to condemn the nightly attacks on Yemen by the Saudi air force that have killed and maimed innocent men, women and children.”
There has to be an urgent ceasefire to save lives in Yemen.
Why does the Prime Minister think that rough sleeping fell under Labour but has doubled under the Conservatives?
The Prime Minister
To respond to the first question raised by the right hon. Gentleman on the conflict taking place in Yemen, we have encouraged the Saudi Arabia Government to ensure that when there are allegations of activity taking place that is not in line with international humanitarian law, they investigate them and learn the lessons. I believe something like 55 reports have already been published as a result of that.
On arms exports to Saudi Arabia, the right hon. Gentleman seems to be at odds with his shadow Foreign Secretary once again. This morning she said the arms industry is not something she is seeking to undermine, as long as it is within international law. She went on to say that she thought the UK can sell arms to any country as long as they are used within the law. We agree. This country has a very tight arms export regime, and when there are allegations of arms not being used within the law we expect that to be investigated and lessons to be learned.
On rough sleeping, nobody in this House wants to see anybody having to sleep rough on the streets. That is why this Government are putting in millions of pounds extra to deal with rough sleeping. It is why we are piloting the Housing First approach in three of our major cities. We want to ensure not just that we deal with the situation when somebody is found sleeping rough, but that we prevent people from sleeping rough in the first place.
Jeremy Corbyn
In November, the Chancellor of the Exchequer announced a rough sleeping taskforce and £28 million for three pilot schemes to tackle homelessness. I understand that, four months on, the taskforce has not yet met and not a penny has been spent on that programme. There is a homelessness crisis in this country: rough sleeping has doubled since 2010. Does the Prime Minister not think it is a little unambitious to say that we are going to tackle rough sleeping by 2027?
The Prime Minister
We are going to eliminate it by 2027—that is our aim. Perhaps it would be helpful, Mr Speaker, if I was to update the right hon. Gentleman. The taskforce he referred to has in fact met. It met today. More importantly—the right hon. Gentleman has asked me this previously—it is not the only group of people we bring together to look at rough sleeping We have an expert advisory group that has been meeting over recent months, and whose reports, information and expertise are being in-put to that taskforce.
The right hon. Gentleman talks about homelessness. Statutory homelessness is less than half its peak in 2003, but we recognise that there is more to do. That is why we want more homes to be built. On rough sleeping, of course we want people to have a roof over their head, but about half of rough sleepers have a mental health problem. That is why we are putting more money into mental health. That is why it is not just a question of improving figures; it is a question of changing people’s lives around. If the right hon. Gentleman really cares, he will look at the complexity of this issue and recognise it is about more than giving people a roof over their head. It is about dealing with the underlying problems that lead to them rough sleeping in the first place.
Jeremy Corbyn
I am glad that the Government showed such urgency in setting up this taskforce that it took four months to have a meeting of it, and it still has not achieved anything. Many people in this country are very upset and very embarrassed about the levels of rough sleeping in this country, and many volunteer. I got a letter this week from Barry:
“I volunteer in my hometown of Southampton to feed the homeless because the lack of care and help for these individuals is a disgrace.”
He goes on to point out the number of unoccupied buildings in his town and many others. Does the Prime Minister believe that her Government cutting homelessness services by 45% since 2010 has had some effect on the numbers of people who are rough sleeping?
The Prime Minister
If the right hon. Gentleman thinks that the only way issues are solved is by bringing people together at a meeting, I have to tell him that that is not the way to solve issues. The way to deal with these issues is actually to get out there on the ground and do something about it. That is why we are funding 48 projects to help rough sleepers into emergency accommodation and to overcome issues like mental ill health and substance abuse. It is why councils around the country, during the severe weather, have been ensuring that they provide accommodation for people who are sleeping on the streets, but also dealing with the underlying issues that lead to somebody sleeping on the streets. It is why we are ensuring that we are implementing Housing First in a number of regions, to put entrenched rough sleepers into accommodation as a first step to rebuilding their lives.
This is not about figures; it is about people. It is about ensuring that we take the action necessary to deal with the problems that people face that lead to them rough sleeping. It is also about ensuring that we build enough homes in this country for people, and that is why what we are doing to revise the planning laws, to ensure that people build houses when they have planning permission, should be welcomed by the right hon. Gentleman when he stands up.
Jeremy Corbyn
I do not think any of that would come as much comfort to the rough sleepers I meet, who are begging every day just to find enough money to get into a night shelter. The Conservative chair of the Local Government Association, Lord Porter, warned that
“councils are now beyond the point where council tax”
can plug the gap. That is the result of the Government’s slashing of council budgets and passing on the buck.
After this deathly cold winter, we have more than twice as many people sleeping rough on our streets. Just one step away from that fate are 60,000 homeless households in temporary accommodation. We are the fifth richest country in the world. The growing number of people on our streets is a mark of national shame. With fewer social homes being built, less support for the homeless and a taskforce that has barely met, just how does the Prime Minister propose to tackle the homelessness crisis?
The Prime Minister
We propose to deal with homelessness and the issue of people who are not homeless but want to be able to have a home of their own by building more homes in this country. We propose to deal with it, as I said earlier this week, by ensuring that tenants get a fairer deal when they rent in this country. But I have to say that more council houses have been built under this Conservative Government than were built in 13 years under Labour. More social housing has been built in the last seven years than in the last seven years under the Labour Government. If the right hon. Gentleman wants to look at a record in relation to housing, he should look at the record of the last Labour Government.
Of course, the record of the last Labour Government was described as bringing—[Interruption.]
Mr Speaker
Order. Mr Perkins, I know you asked about tennis earlier, but you now appear to be attempting some imitation of crochet. You should not be making these curious gesticulations; they make you look even odder than—they make you look very odd. [Interruption.] Well, I thought your behaviour was a tad odd, and I am concerned about your wellbeing. I think the hon. Members for Wirral South (Alison McGovern) and for Kingston upon Hull West and Hessle (Emma Hardy) will look after you.
The Prime Minister
The record of the last Labour Government on housing was described as a crisis, bringing misery and despair. Who said the last Labour Government’s record was bringing misery and despair? It was the Leader of the Opposition. The right hon. Gentleman said that Labour did not have a good record on housing, and I agree. It is the Conservatives who are delivering the homes the country needs.
Andrew Bridgen (North West Leicestershire) (Con)
The Prime Minister
I am pleased that my hon. Friend has raised the example of North West Leicestershire, and we are very happy to join him in acknowledging the example it is setting. Of course, the figures he quoted contributed to the 217,000 new homes built across the country last year, which was the best year bar one in the last 30 years in terms of the number of new homes, but there is more to do. That is why we have rewritten the planning rules and had measures in the Budget to make money available and help people on to the housing ladder through the Help to Buy scheme. Once again, as he mentioned, it is the Conservatives in government who are delivering the homes that people need.
Ian Blackford (Ross, Skye and Lochaber) (SNP)
On 6 February, the Royal Bank of Scotland announced that 10 branches earmarked for closure were to be given a reprieve, subject to a review at the end of the year. Will the Prime Minister join me in calling on the Royal Bank of Scotland to do what it can to encourage people to open accounts and make sure these branches are sustainable?
The Prime Minister
As the right hon. Gentleman knows full well, the opening and closing of branches is a commercial matter for the Royal Bank of Scotland. He asks me to call on people to open accounts and use the branches, but of course one reason bank branches are closing is that more people are choosing not physically to go into them but to bank on the internet. It is up to customers to decide what banking arrangements suit them.
Ian Blackford
I remind the Prime Minister that we own the Royal Bank of Scotland and that she ought to be holding the company to account. I had a phone call from a constituent of mine, an Angus Sutherland, who phoned the Royal Bank of Scotland yesterday wanting to open accounts for himself and his family. Rather than opening them in the local branch in Kyle, which is one of those earmarked for reprieve, he was told to approach a branch elsewhere. It is outrageous that the Royal Bank of Scotland is undermining the ability of these branches to stay open. Will she finally call in the chief executive, Ross McEwan, and tell him that this behaviour must end?
The Prime Minister
The right hon. Gentleman has raised these questions before. I would have thought, given his background, that he would understand that these decisions are taken by commercial organisations and that it is not for the Government to tell people what sort of accounts to have or in which branches to open them. We take steps to ensure that where there are branch closures, other facilities are available; that is why we have the agreement with the Post Office to provide additional ability for people to use services through the Post Office. It is not right for him to suggest, that the Government should be telling people where to have their bank accounts and how to hold them. There are commercial decisions for banks on bank branches, and there are decisions for individual customers on their own banking arrangements.
Several hon. Members rose—
Mr Speaker
I am pleased to say that we are now on to Back-Bench Members. I want to hear lots of them.
Kirstene Hair (Angus) (Con)
The Prime Minister
My hon. Friend raises an important point. As a result of decisions made by the Scottish nationalists in government in Scotland, many people there will be paying higher taxes. Those earning more than £26,000 will pay higher taxes in Scotland than in the rest of the United Kingdom. I was in the Chamber for the end of Defence questions the other day when my right hon. Friend the Defence Secretary said that he was looking into the point that my hon. Friend has raised about armed forces personnel in Scotland.
Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
The Prime Minister
The number of people in absolute poverty has fallen under this Conservative Government. However, we want to ensure that families are helped to support themselves, which is why we have increased the national living wage, increased the personal allowance and so taken more people out of income tax, and revised the benefits system so that more people are encouraged and able to get into the workplace
Neil Parish (Tiverton and Honiton) (Con)
The Prime Minister
This is an important issue. We are committed to being the first generation to leave the environment in a better state than we inherited. We are taking action on pollution, and I am pleased that emissions of toxic nitrogen oxides fell by almost 27% between 2010 and 2016, but there is of course more for us to do, which is why we have a £3.5 billion plan to tackle poor air quality and provide cleaner transport. Later this year, we will publish a strategy that will set out further steps.
I assure my hon. Friend that both my right hon. Friend the Secretary of State for Department for Business, Energy and Industrial Strategy, whose Department covers energy and air quality issues, and the Minister for Energy and Clean Growth, who attends Cabinet, are very well versed in putting together the arguments for better air quality.
Stewart Malcolm McDonald (Glasgow South) (SNP)
The Prime Minister
I will be raising a number of cases with the Crown Prince when I see him over the next couple of days, but we do not wait for a visit from the Crown Prince to raise the case of Raif Badawi. We monitor the situation regularly and raise the issue regularly with the Saudi Government, and we will continue to do so.
Colin Clark (Gordon) (Con)
The Prime Minister
I am happy to join my hon. Friend in paying tribute to those who work in our offshore oil and gas industry, and thanking them for the work that they do. Last week’s weather highlighted just how important that work is to us all. We remain committed to supporting the industry, building on the £2.3 billion package announced in recent Budgets. My right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy and the oil and gas sector recently committed themselves to working together to ensure that the UK continues to enjoy the benefits of a world-leading offshore oil and gas industry.
Lilian Greenwood (Nottingham South) (Lab)
The Prime Minister
We have recognised the pressures that social care is under. That is why in successive fiscal events the Chancellor has given extra money to local authorities and the social care sector as a whole. Next week’s statement is not a Budget, but we have ensured that more money is going into local councils, not just through the precept that they are able to raise, but £2 billion extra has been put into social care in local authorities.
Glyn Davies (Montgomeryshire) (Con)
The Prime Minister
I absolutely agree with my hon. Friend about the four nations working together to make a success of Brexit, but this Government are also committed to strengthening our precious Union of England, Scotland, Wales and Northern Ireland. This is about providing continuity and certainty for people and businesses, and it is about making sure we do not create new barriers to doing business in what is, as my hon. Friend said, our most important market: the internal market of the UK.
Rachael Maskell (York Central) (Lab/Co-op)
The Prime Minister
As the hon. Lady will have heard earlier, the Government are making changes to ensure that we build more homes in this country. But I also say to the hon. Lady that one of the issues we have had to look at is making sure that local councils are producing local plans. I believe that York has not had a local plan for 50 years; I suggest the hon. Lady speaks to her council about it.
Justin Tomlinson (North Swindon) (Con)
On Sunday evening it was not Meryl Streep winning an Oscar but my constituent Maisie Sly, just six years old and born profoundly deaf, after her amazing performance in the film “The Silent Child”. Will the Prime Minister join me in paying tribute to the inspirational Maisie Sly and her school Red Oaks Primary, which has helped her fulfil her true potential?
The Prime Minister
I think everybody was captivated by Maisie’s example and the film that won the Oscar, and I am very happy to join my hon. Friend in paying tribute to Maisie for her incredible achievement. This is important in highlighting the issue of disabled people, particularly deaf children, and it has captured the imagination of so many across the world.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Prime Minister
This country has a good record of ensuring we are providing places for refugees and helping the most vulnerable, but I understand that, as the right hon. Gentleman will know, we are listening to the points being made in relation to this Bill; we recognise the concern about family reunification and there are already rules in existence, but we will look carefully at this.
Gillian Keegan (Chichester) (Con)
This week is National Apprenticeship Week and, as a former apprentice, I can highly recommend this route into the workplace. The Government have a great record of delivering more apprenticeships, and higher-level apprenticeships are up 35% on last year. Will the Prime Minister ensure that all schools are promoting apprenticeships, particularly those at degree level, as a first-class, debt-free choice, not a second-class option?
The Prime Minister
It is very important that we promote apprenticeships not as a second-class option, but as an equally valid route through training and education for young people. It is about getting the right education for every young person, and we should encourage schools to talk about apprenticeships at an earlier stage. When I visited a school in Southall with my right hon. Friend the Education Secretary to make my announcement about the tertiary education review, the sixth-formers made the point that they had heard about university throughout their schooling, but they only heard about apprenticeships at the very last minute of sixth form. It is important that we open up all opportunities to young people.
Emma Reynolds (Wolverhampton North East) (Lab)
The Prime Minister
We have introduced the apprenticeship levy, and we are looking at its application. We have a commitment over a period of years for the number of apprenticeships, and we are going to increase that number to 3 million over this Parliament. We will be doing that, and we will look very carefully at the operation of the apprenticeship levy and its impact.
Mrs Maria Miller (Basingstoke) (Con)
On International Women’s Day tomorrow, we will be celebrating record numbers of women in work, including of course our second female Prime Minister, yet attitudes towards pregnancy mean that more than 50,000 women a year are forced out of their job just for having a baby. When will the Government be taking forward the review of existing protections for pregnant women that was promised following the Women and Equalities Committee’s inquiry into this important issue?
The Prime Minister
My right hon. Friend is absolutely right to raise this issue. We have very clear laws in this country that say that discrimination in the workplace is unlawful, and there are clear regulations in place that employers must follow. In our response to the Taylor review, we committed to update the information about pregnancy and maternity discrimination, and we will review the legislation relating to protection against redundancy within the next 12 months.
Mhairi Black (Paisley and Renfrewshire South) (SNP)
The Prime Minister
Universal credit was introduced as a simpler benefit that enables and encourages people to get into the workplace. We have made a number of changes to the way in which universal credit is operated, including ensuring that it is now possible for somebody to get a 100% advance on their universal credit in very quick time at the start of their application where that is appropriate. Universal credit is a benefit that helps people get into the workplace, and work is the best route out of poverty.
Dr Sarah Wollaston (Totnes) (Con)
Storm Emma left a trail of destruction along the south coast of Devon, including washing away large stretches of the A379 along the Slapton line. Will the Prime Minister please assure my constituents that they will not be left isolated and their communities separated, and will she pledge funds to help rebuild this vital link? Will she also join me in thanking the emergency services, both in my constituency and around the United Kingdom, for their extraordinary work in desperately difficult circumstances?
The Prime Minister
I and, I am sure, everyone in the House will be happy to join my hon. Friend in praising the emergency services for the tireless work that they have been doing to help people during the severe winter weather that we have experienced. She is right to raise concerns about the A379 on the behalf of her constituents, and I am pleased to announce that my right hon. Friend the Transport Secretary will shortly confirm that we will provide financial assistance to ensure that repairs to the road are undertaken as quickly as possible.
Marsha De Cordova (Battersea) (Lab)
The Prime Minister
This is a site that was derelict for 40 years. [Interruption.]
Mr Speaker
Order. This is very discourteous. There is far too much noise in the Chamber. The question was heard—it was very forcefully delivered and very fully heard —and the Prime Minister’s answer must also be heard.
The Prime Minister
This is a site that was derelict for 40 years. It is now a site that will be providing homes and jobs, and I would have thought that is something to welcome.
Derek Thomas (St Ives) (Con)
March is Brain Tumour Awareness Month, a month dedicated to supporting people affected by brain tumours and to raising funds and awareness. Brain tumours remain the biggest cancer killer of children and adults under 40, a fact that has to change. There has been great progress over the past month, with the Government turning their attention to this underfunded disease, but so much more can be done. Will the Prime Minister join me in commending all those helping to raise funds and awareness this month and in recognising the many thousands of people fighting this terrible disease by making a statement about how the Government will see the job through until we have the research, the care and the cure that many, many people need?
The Prime Minister
I join my hon. Friend in commending all those who are raising awareness of brain cancer and who are working hard and tirelessly both on research and to raise funding. It is a devastating disease, and I was pleased to meet the noble Baroness Jowell to hear her experience of the national health service. She and the Secretary of State for Health and Social Care then held a roundtable of brain cancer experts.
We have announced that an estimated £20 million will be invested through the National Institute for Health Research over the next five years in helping to fund essential brain cancer research. In addition, Cancer Research UK will be investing £25 million in research on brain tumours over the same period, helping to support two new specialised centres.
Dr Philippa Whitford (Central Ayrshire) (SNP)
The Prime Minister
The hon. Lady is a little late, because I was asked a question about a US trade deal and the national health service by the right hon. Member for Twickenham (Sir Vince Cable) in this House on Monday, and I made it very clear that we retain the principles of the national health service and that we are not going to allow the national health service to be undermined by any trade deals we do.
Martin Vickers (Cleethorpes) (Con)
Representatives of the Greater Grimsby project board will be meeting a Business Minister later today to discuss the next stage of the town deal. The proposals will be a great boost for the economy of Grimsby and Cleethorpes. Will my right hon. Friend reaffirm her support for the proposals and similar initiatives?
The Prime Minister
My hon. Friend has raised this issue with me before, and I welcome the very strong public-private sector approach that is being pursued by the Greater Grimsby project board. He is playing an active role in the project, and I understand there have been a number of positive meetings with the Ministry of Housing, Communities and Local Government. I encourage the board to continue engaging with officials on the details of the plan so that we can see that development, which is so important to the local area.
Several hon. Members rose—
Mr Speaker
The House knows I am always concerned, whatever the time, to protect the rights of smaller parties, and today is no exception. I call Mr Nigel Dodds.
Nigel Dodds (Belfast North) (DUP)
I am grateful for your protection, Mr Speaker.
Will the Prime Minister acknowledge, and indeed praise, the success of the EU negotiator, Michel Barnier, in bringing a measure of progress to the Brexit negotiations in that he has managed to unite the Government and the Opposition in utter defiance of the legal text he has brought forward from the December arrangements? Does she agree that now is the time for the EU to get on with examining the sensible, pragmatic arrangements on customs and the Northern Ireland border and to get on to the main trade negotiations?
The Prime Minister
The right hon. Gentleman is absolutely right. Now is the time for the European Union negotiators to get on with the job of discussing that trade and economic partnership for the future. I am pleased that we will also be able to discuss with the Irish Government and the Commission the practical details of delivering the solution for the border between Northern Ireland and Ireland, so that the free flow of trade can continue not just between Northern Ireland and Ireland but between Northern Ireland and the rest of the United Kingdom.
Luke Graham (Ochil and South Perthshire) (Con)
Last month it was announced that the proposed merger between the British Transport police and Police Scotland was being put on hold in the wake of widespread criticism from a number of different parties. What discussions has my right hon. Friend had with devolved Ministers, and what next steps can be taken? Will she join in me in calling on the SNP to scrap this ill-fated proposed merger?
The Prime Minister
I recognise the concerns that have been expressed. Of course, we were committed to delivering on the Smith commission proposals, and as part of that we are devolving powers over the British Transport police in Scotland to the Scottish Government. As this is being looked at, the priority must remain the safety of the public, and we are committed to working with the Scottish Government to ensure a smooth transfer of the functions, should that be their decision. It is for the Scottish Government to decide, but I urge them to ensure that, as they take those decisions, they put the safety and security of the public first.
Toby Perkins (Chesterfield) (Lab)
Is it Government policy that England should pull out of the World cup? If not, what on earth was the Foreign Secretary on about yesterday?
The Prime Minister
The point the Foreign Secretary was making yesterday was that, depending on what comes out of the investigation into the attack on the two individuals in Salisbury, it might be appropriate for the Government to look at whether Ministers and other dignitaries should attend the World cup in Russia.
Leo Docherty (Aldershot) (Con)
In advance of the Prime Minister’s meeting this afternoon with the Crown Prince of Saudi Arabia, does she agree that the kingdom is in fact a force for tremendous stability in a very turbulent region? Will she offer reassurance to the Crown Prince that this country will stand with him in his efforts to bring modernity, development and reform to our very important middle eastern ally?
The Prime Minister
I agree with my hon. Friend. We have had a long-standing and historic relationship with the Kingdom of Saudi Arabia, and that will continue. It has been important in our security and defence, and in the stability of the region. Moreover, under the Crown Prince and his Vision 2030, Saudi Arabia is reforming and changing and giving greater rights to women. We should encourage that and stand alongside and work with Saudi Arabia to help the Crown Prince deliver on his Vision 2030.
Alison McGovern (Wirral South) (Lab)
Today the Department for International Development launches the Jo Cox memorial grants, which will empower women in some of the most difficult parts of our world. Will the Prime Minister join me in thanking wholeheartedly everyone at DFID who made this happen? Does she also agree that, when it comes to preventing conflict, Jo’s legacy must teach us that women’s voices must be heard?
The Prime Minister
I thank the hon. Lady for raising this particular issue, and I am happy to welcome the UK aid contribution to the Jo Cox memorial grants, as announced today by my right hon. Friend the International Development Secretary. Up to £10 million is being allocated to support grassroots organisations in delivering on two causes close to Jo’s heart: protecting against identity-based violence and boosting the social and economic and political empowerment of women and girls, helping to predict, prevent and protect against identity-based violence. The hon. Lady is absolutely right. Jo was a dedicated humanitarian. She fought for gender equality at home and in developing countries, and it is right that we as a Government and as a country encourage women’s voices to be heard, wherever they are.
Several hon. Members rose—
Mr Speaker
There are urgent questions that come first. If there is a point of order, it will come after that, so I am sure that the hon. Gentleman will be in his seat, eagerly expectant.
UK Relations: Saudi Arabia
(6 years, 9 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Sir Vince Cable (Twickenham) (LD)
(Urgent Question): To ask the Foreign Secretary to make a statement on diplomatic and economic relations with Saudi Arabia.
The Minister for the Middle East (Alistair Burt)
I have been asked to respond on behalf of the Foreign Secretary, as he is currently at an engagement at the palace. The Prime Minister has invited the Crown Prince of the Kingdom of Saudi Arabia, His Royal Highness Mohammed bin Salman, to visit the United Kingdom. We are delighted to welcome him and his delegation on his first official visit to the UK, which is taking place from today until Friday.
During the visit, the Prime Minister and the Crown Prince will launch a new and ambitious strategic partnership between our two countries, which will allow us to discuss a range of bilateral matters and foreign policy issues of mutual interest. The UK Government have a close and wide-ranging relationship with the Kingdom of Saudi Arabia. Saudi Arabia is the UK’s third fastest growing market for exports, and we continue to work together to address regional and international issues, including Yemen. The visit will allow for a substantive discussion between the Crown Prince and the Prime Minister on the need for a political resolution to the conflict in Yemen, and how to address the humanitarian crisis.
The UK fully supports the Crown Prince’s social and economic reform programme, Vision 2030. His visit is an opportunity for him to underline his vision of an outward-looking Saudi Arabia, one that embraces a moderate and tolerant form of Islam, and a more inclusive Saudi society. This includes greater freedom for women, in line with the recent statements and reforms made by the Crown Prince. We believe these reforms are the best course for Saudi Arabia’s future security, stability and prosperity, and it is right that the UK supports the Crown Prince in his Vision 2030 endeavours.
Sir Vince Cable
Further to the exchange in Prime Minister’s questions, may I say that there will be widespread concern across parties about the fact that the dictatorial head of a medieval, theocratic regime is being given the red carpet equivalent of a state visit? May I ask specifically whether the Foreign Secretary will be demanding the ending of the bombing of civilian targets in the Yemen civil war, which Prince Mohammed initiated? Can the Minister explain why the safeguards on the use of British weapons, which were introduced at the end of the coalition at my insistence and that of my Liberal Democrat colleagues, are, apparently, no longer being applied? Will the Foreign Secretary insist on the ending of the blockade of ports in Yemen, which is contributing to the devastating humanitarian crisis and famine, of which we have heard much in this House? Will he defend the nuclear agreement with Iran, to which we are a party and which Prime Mohammed is actively seeking to undermine? Will he condemn the attempt by Prince Mohammed to fan the flames of sectarian conflict in Lebanon, Syria, Qatar and elsewhere? Has the Minister consulted the Government Economic Service on the current economic position of Saudi Arabia, which is no longer a swing oil producer and is running out of money, and where the main potential long-term deal available to the UK is the Saudi Aramco flotation, which will be achieved only by substantially devaluing the standards applied in the City of London?
Finally, on the threshold of International Women’s Day, may I ask whether the Minister intends to endorse Prince Mohammed’s view of modernisation: that women should be allowed to go to football matches, but not be allowed to marry, divorce, travel, have a driving licence or have an operation without the approval of their male relatives?
Alistair Burt
I thank the right hon. Gentleman for his questions. His starting point and opening view of Saudi Arabia represents one of the reasons why the Crown Prince is here. The right hon. Gentleman used the word “medieval”, and the Crown Prince has been conducting a series of reforms and has made clear statements about where he wants to take the Kingdom of Saudi Arabia. Everyone is aware of its history and its past, but it is really important to look at what is happening at present—good things as well as difficult things—and to point the way forward that he has with Vision 2030, both in economic and society terms. When he speaks about a modernising country supporting moderate Islam, that should be taken as seriously as any reference to the Kingdom in the past.
The right hon. Gentleman asked a series of questions. He referred to the war in Yemen as being “initiated” by Saudi Arabia, but that is not correct. What happened was that an insurgency overthrew a legitimate Government, which was backed by the United Nations, and then sought support from their neighbours in order to deal with the insurgency. The insurgency is cruel: the Houthi have executed a number of people, not least the former President of Yemen; they hold people to ransom in areas that they occupy; and they have been preventing people from getting humanitarian aid. We support the efforts of the Saudi-led coalition in order to defend Yemen against the insurgency and, more importantly, to bring the conflict to an end. That is the most important thing, but it will take both parties to do this, not just the Saudis. On weapons sales, these are as strict as any in the world, as the right hon. Gentleman is aware, and there was a court case last year. We keep this under strict check to ensure that international humanitarian law is abided by and to make sure we can provide the support to Saudi Arabia that it needs to protect itself, not least in relation to weapons directed from Yemen towards its capital city—that should also not be forgotten.
The right hon. Gentleman referred to a blockade. There is no blockade; there are now no restrictions on the ports—the ports are open. There was a restriction from 19 December, following a missile attack on the capital of Yemen by Houthi forces. There is a strong suspicion that weapons were being smuggled into the country. That is why the restrictions were in place. Since 20 December, a total of 50 ships have docked, and the ports are open.[Official Report, 12 March 2018, Vol. 637, c. 3MC.] The UK has played a substantial part in ensuring that those ports are open and that humanitarian aid comes in. We will strongly defend the joint comprehensive plan of action, which we believe is in the UK’s interests and those of the region.
On the economic prospects of Saudi Arabia, we know the area is changing, and that is what Vision 2030 is about; it is about moving, in time, from an oil-based economy to something different. This provides tremendous opportunities for the region, as well as for Saudi Arabia, and we strongly support that. We would like the Aramco share option to be issued in the UK and we will continue to suggest that the City would be the best place for it.
Lastly, the right hon. Gentleman mentioned International Women’s Day. It is of course obvious to us that some of the easing in things relating to women in Saudi Arabia seems incredibly mundane—the ability to attend a football match and for the cinemas to be open, the mixed space and the ability to drive—but in a Saudi context, and in the context of a conservative region, these changes have immense significance. We do not always appreciate that, but we need to make reference to it. That further progress seems likely is very much in everyone’s minds, so we should not judge the progress to date as a full stop. The engagement of women, not only in the areas we have mentioned, but increasingly in business and in government, makes a real difference to the area. International Women’s Day is enhanced, to a degree, by the sorts of changes we have seen in the Kingdom of Saudi Arabia, and Members can be sure that our Prime Minister will make sure that that progress gets every support from the UK as we move forward.
Crispin Blunt (Reigate) (Con)
I congratulate my right hon. Friend on his comprehensive answer to the right hon. Member for Twickenham (Sir Vince Cable). Is my right hon. Friend as surprised as I am that the question was shorn of the context of the scale of the reforms now taking place in Saudi Arabia? May I urge the Government to continue our assistance to the Government of Saudi Arabia in order to deliver the astonishing scale of ambition associated with Vision 2030?
Alistair Burt
I am grateful to my hon. Friend, who rightly sets this in context. No one denies that there are difficult aspects to a relationship with the Kingdom of Saudi Arabia, just as there are with a number of engagements the UK has with countries whose views and human rights issues we do not always share. But the important point he made is about having engagement to seek a common view of a future, one that, as he rightly says, is changing markedly and in a way that no one quite anticipated because of the arrival of the Crown Prince in his position. He could well have an influence on the region for the next 30 years, and our engagement and support for the moderate, modernising image he has for Saudi Arabia is important to all of us.
Emily Thornberry (Islington South and Finsbury) (Lab)
Thank you, Mr Speaker, for granting this urgent question. I congratulate the right hon. Member for Twickenham (Sir Vince Cable) on securing it, even if it was ahead of my own application.
Let me make it clear at the outset that the Opposition want to have a good diplomatic and economic relationship with Saudi Arabia. But, as in any good relationship, there must be honesty. Most importantly, we must tell Saudi Arabia that as long as it continues the indiscriminate bombing of residential areas, farms and markets in Yemen, and as long as it continues to restrict the flow of food, medical supplies and fuels to a population suffering mass epidemics of malnutrition and cholera, it should not expect our support for that war and its Crown Prince does not deserve to have the red carpet rolled out for him here in Britain.
Let us look at the man to whom the British Government are bowing and scraping today. He is the architect of the Saudi air strikes and the blockade in Yemen; he is funding jihadi groups in the Syrian civil war and ordered his guards to beat up the Prime Minister of Lebanon. In the eight months since he became Crown Prince, he has doubled the number of executions in Saudi Arabia. But we are supposed to ignore all that because of his proposal that Saudi women be allowed to drive, just as they can everywhere else in the world.
The UK Government pretend to care about human rights and war crimes, but when it comes to Saudi Arabia and Yemen, there is nothing but a shameful silence. We all know that that is because all that they ultimately care about is how to plug the hole in trade and growth that is coming because of their Brexit plans. If the Minister wants to dispute that, will he answer one simple question? When are the Government going to stop bowing down to Saudi Arabia and instead use our role as United Nations penholder on Yemen to demand an immediate ceasefire, an end to the blockade, proper peace talks and a permanent end to this dreadful, shameful war?
Alistair Burt
I thank the right hon. Lady for her words. She started well by talking about wanting to welcome a relationship with the Kingdom of Saudi Arabia. Should she actually occupy my right hon. Friend the Foreign Secretary’s position, she might want to review some of the personal comments that she made after that and wonder how that would constitute a decent start to the relationship that she wants to see.
Let me get to the substance and deal with one or two of the right hon. Lady’s questions. First, there is not indiscriminate bombing of civilians, as has been alleged. It is vital that we make sure that, in dealing with the military aspects of the conflict, which was not started by Saudi Arabia, we are able to see that, in terms of international humanitarian law, there is only the targeting of legitimate military targets. The United Kingdom has been as helpful as possible in trying to make sure that the training for that is appropriate. When there have been allegations of civilian casualties, those cases have been dealt with, monitored and investigated in a manner completely different from that in respect of Houthi activity, which I noticed the right hon. Lady did not seek to condemn in any way at all.
On the humanitarian issues, as I indicated, there is not a blockade or restriction of goods coming in. It is important that commercial food and fuel gets in. It is equally important that those who have had missiles targeted at them after those missiles have been smuggled into Yemen are able to protect themselves. We have worked hard to try to ensure that there is protection for Saudi Arabia from missiles coming in and, in doing so, to give Saudi Arabia the confidence to allow more ships to come in to deal with the humanitarian issues. That seems to me to be a constructive way to deal with both sides of the issues, rather than the straightforward condemnation that we heard from the right hon. Lady.
In respect of the current reforms in Saudi Arabia and those going forward, the right hon. Lady reduces them to de minimis by saying that it is all about women driving. As I indicated to the right hon. Member for Twickenham (Sir Vince Cable), who I have to say asked a rather more serious set of questions, the issue of women’s progress is not simply about driving; it is about a whole series of other reforms. Driving has a totemic importance for many people in the Kingdom of Saudi Arabia but should not be taken as the sole thing that is changing.
There has been no silence from the United Kingdom on Yemen. We have been very clear about the fact that there is no military solution, which is why we have been working so hard for a diplomatic solution, why we welcome the newly appointed UN envoy, whom the right hon. Lady did not mention, and why we are doing everything we can to try to make sure that there is a diplomatic base. All our evidence is that ceasefires work when there is some relationship on the ground that makes them plausible and feasible. Because of the activity of the Houthis, those who support them and those who direct weapons at Saudi Arabia, it is not possible for there to be a ceasefire with any sense of purpose or sense that it would actually work. What we must do—[Interruption.]
Mr Speaker
Order. The Minister of State is in full flow, and we are listening to the flow of his eloquence and the eloquence of his flow. I say very gently to the shadow Foreign Secretary, who is normally a most restrained individual, that I understand how incredibly passionate she is but feel sure that in a courtroom she would not chunter noisily from a sedentary position, because she would earn the wrath of the judge.
Alistair Burt
Thank you, Mr Speaker.
Let me be straightforward: calling for a ceasefire is not the same as having one. We all want to see an end to the conflict in Yemen, and we have said that very clearly to the Saudi coalition. We support the appointment of the new UN envoy and we are working for a ceasefire, but simply calling for one does not do it. We have to make sure that we have the facts on the ground so that we can make sure that a ceasefire actually works.
Alistair Burt
It is all very well for the right hon. Lady to shake her head, but she is not faced with some of the issues that face Government Ministers on this issue, and nor is she giving full credit to the efforts that are being made to try to bring this matter to an end. She is not the sole holder of conscience in this place as we deal with the difficulties of trying to address the humanitarian crisis in Yemen. That is what we are seeking to do and we will continue to bend all our efforts to that, with or without her support.
Several hon. Members rose—
Mr Speaker
Order. I am happy to confirm that neither “Erskine May” nor any Standing Order of the House prohibits the shaking or, indeed, for that matter, the nodding of heads.
Mr Speaker
Ah, another person who has been noisily chuntering from a sedentary position. She can now speak from her feet. I call Anna Soubry.
Anna Soubry
I would never do such a thing, Mr Speaker.
As you know, Mr Speaker, I am a feminist. When I was a Health Minister—serving in the same Government as the right hon. Member for Twickenham (Sir Vince Cable), I might add—I had the honour to lead a delegation to Saudi Arabia, as a woman, obviously. At no time did I find any prejudice or disrespect, and I was quite surprised about that.
I commend all my right hon. Friend the Minister’s fine words. Does he agree that although we are obviously a long way from seeing in the Kingdom the sort of rights that we would expect of any modern civilised society, the best way to achieve those rights and to influence that country is to have firm conversations and a good relationship in private?
Mr Speaker
All I would say to the right hon. Lady, in the friendliest possible spirit, is that if in the course of her visit she met, for example, a prince, it might well be that that person thought that he was meeting a fellow royal.
Alistair Burt
I thank my right hon. Friend the Member for Broxtowe (Anna Soubry) for her regally dispensed question. I absolutely concur with her sentiments. We do talk very frankly and honestly to counterparts, even in the most difficult circumstances. It is right that we express our interest in how reforms are going. They will not lead to a society that we have developed after many hundreds of years, but the progress that is being made is significant in the context of where Saudi Arabia wants to go and how it wants to lead the region. To talk about moderate Islam in an area where those who promote moderate Islam are at risk and threatened by others takes a degree of bravery and courage from the Saudi Arabian leadership. That is what we recognise. There is more to go, more work to do and more concerns to be expressed, but as my right hon. Friend said, making sure that it is done with engagement is a key part of the process.
Stephen Gethins (North East Fife) (SNP)
I thank the Minister for once again coming to the Chamber to answer this urgent question. He will be aware that Yemen has been described as the world’s worst man-made humanitarian disaster. Members have been quite right to highlight the issue of women’s rights in Saudi Arabia ahead of International Women’s Day tomorrow. Will he also be raising the plight of women in Yemen, who, it has been reported, often have to choose which child to save owing to the cholera and famine effected by that conflict? The UK has leverage. Since the start of the war, UK arms sales have outstripped aid to Yemen 18 times over. Will he use that leverage? Finally—this is a point raised by my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald)—will he have discussions about the fact that Raif Badawi is not a criminal?
Alistair Burt
I will, if I may, address two issues. In relation to Yemen, no one denies the scale of the humanitarian crisis. I have met officials from the UN, the Red Cross and the World Health Organisation, and we are as confident as we can be that support to prevent the next round of cholera will be in place. Of course, none of it should be necessary. If the conflict were ended, these concerns would not be raised, and that, of course, is what we are bending all our efforts to. I genuinely wish it was as straightforward as saying to one of the parties to the conflict—to the party that did not start it—“if you stop doing anything, everything will be all right.” I honestly do not believe that that is the answer, which is why we work through other methods and other means. We have done all we can in relation to providing food, fuel and water and supporting those who deliver it, but the restrictions are caused by the conflict. They are caused by those who support the insurgents and what they have done, and we will do all we can to break that down. We do indeed raise the case of the blogger. We have followed that case very carefully and raised our concerns with Saudi Arabia.
Michelle Donelan (Chippenham) (Con)
Does my right hon. Friend welcome the Crown Prince’s statement that his goal is to build a country of moderate Islam that is open to all religions and to the world? Will this Government be encouraging and influencing them to follow through on this and build on their recent social reforms?
Alistair Burt
I thank my hon. Friend for her question. As I mentioned earlier, that statement about moderate Islam is something that we would all take for granted here, but we should set it in a context in which there are disputes about where Islam should go, what we have seen in relation to Daesh, and the propaganda that emerges from those who would see Islam taking quite a different course. The fact that the statement comes from someone who will, in time, be the custodian of the two holy mosques is really very significant, and she is right to draw attention to that.
Ms Karen Buck (Westminster North) (Lab)
We all want to see a modernised and moderate regime in Saudi Arabia, but according to the charity Reprieve, the Government have called for an additional eight executioners to be recruited. Meanwhile, 18 people, mostly young, some of whom were arrested on demonstrations while they were children, remain on death row. Can the Minister assure us that the Government will be raising their plight with the Saudi Prince while he is here?
Alistair Burt
The United Kingdom stands full square against the use of execution and against the use of the death penalty, and whether it is the Kingdom of Saudi Arabia or anywhere else, including the United States and China, we make that explicitly clear. We do take up cases. We have been concerned with those cases where minors might have been indicted, and we have received assurances in relation to them. There is no doubt that if reforms continue in relation to the changing of the nature of offences that attract the death penalty, which seems to be one way in which its use can be reduced, the United Kingdom will welcome that. None the less, we stand full square against the use of the death penalty in any circumstances.
Helen Whately (Faversham and Mid Kent) (Con)
Those of us who have been to Saudi recently have seen how quickly things are changing in such a deeply traditional country. With International Women’s Day tomorrow, does my right hon. Friend agree that, actually, this is a good opportunity to welcome the progress being made on rights and opportunities for women in Saudi Arabia?
Alistair Burt
I am grateful to my hon. Friend for raising that matter. The purpose of parliamentary visits, in which many Members engage, is to get an opportunity to see the context of a country. It is not about being given a grand tour of easy options, but about getting the chance to ask difficult questions. In my experience, Members of Parliament take that opportunity fully. To be able to observe, as my hon. Friend has, some of the palpable changes in where women are going and to speak to women now involved in culture, music and business, is to see where the country intends to take itself, and a woman’s voice in where it is going is an important one and increasingly heard.
Alison Thewliss (Glasgow Central) (SNP)
My constituents, from Garnethill to Strathbungo and Dumbreck to Toryglen, have all been emailing me with deep concerns over the hospitality being afforded to the Saudi royalty against the backdrop of children regularly killed by the bombs that we are selling them. What more are the Government doing to ensure that the Saudis carry out the full implementation of the UN humanitarian response plan? Children in Yemen are dying far, far too frequently every single day and Yemen just cannot wait.
Alistair Burt
I agree with the hon. Lady—no, of course, Yemen cannot wait. As I said earlier, if I believed for a moment that asking one party to the conflict simply to stop its activities would bring an end to it, then we would all advocate that solution, but I do not believe that that is the case. There must be a negotiated end; it should come as quickly as possible, and we have been pressing for that for some considerable time. In the meantime, we are doing everything we can to ease the humanitarian situation, and we have seen an easing of restrictions, particularly since the visits of my right hon. Friend the Secretary of State for International Development to Djibouti and to Riyadh in December, where she was able to explain to the coalition exactly what the international community was doing to seek to protect them. That led to an easing of the restrictions straight away, but nothing will truly help the people of Yemen until the conflict comes to an end. On that, she, her constituents and all the rest of us are absolutely right.
Several hon. Members rose—
Mr Speaker
Order. I am very keen to accommodate remaining colleagues, but there is another urgent question to follow. We are immensely appreciative of the fund of knowledge and wisdom that is regularly on display from the right hon. Gentleman, but perhaps I may be permitted gently to observe that there is also no procedural or Standing Order bar, where appropriate in the mind of the Minister, on single-sentence answers to questions.
Rebecca Pow (Taunton Deane) (Con)
Does my right hon. Friend welcome the social reforms already undertaken by the Crown Prince, and can he confirm that the Government will be encouraging the Saudi authorities to go further in this regard, because the very best way to influence them is to keep the door open? Let me also say, out of interest, that 52% of all graduates in the Kingdom in 2017 were women. There are 30 women members of the Shura Council, which proportionately is more than in the Senate. Of particular interest to me is the fact that, in the transformation plan, there are some very, very positive moves on the environment, and these will have a far-reaching effect not just on the people of Saudi Arabia, but indeed globally.
Alistair Burt
As I could not put it any better myself, may I say that I agree with my hon. Friend, and that the United Kingdom will continue to give support in the direction that she advocates.
John Woodcock (Barrow and Furness) (Lab/Co-op)
Does the Minister share my fear that people in positions of responsibility may unwittingly put themselves on the side of prolonging, and indeed potentially worsening, the crisis if they, either by deceit or by design, choose to ignore areas where the Kingdom has, in part, corrected what were at times deplorable mistakes in its initial conduct of the conflict?
Alistair Burt
The hon. Gentleman has a deep knowledge of the area and the complexities involved. The conflict requires handling with balance, as do any of these difficult circumstances. We are right to understand the cause of the conflict, right to understand concerns that have been raised in its conduct, and right also to acknowledge that things have changed because of international pressure. Ultimately, when there is a situation in which an insurgency brings in external forces to attack a state, it could lead to an unfortunate set of consequences for the future if that state left the situation undealt with. That is why we want to see the matter resolved, with the safety and security of Saudi and Yemen at the heart of a future peace arrangement.
Mr David Jones (Clwyd West) (Con)
I refer to my entry in the Register of Members’ Financial Interests. Does my right hon. Friend acknowledge that the intervention of Saudi Arabia and its coalition partners in Yemen was at the request of the legitimate Government of that country? Does he also agree that the principal insurgents, the Houthis and their allies, Hezbollah, are funded and supplied by Iran whose actions are significantly prolonging the conflict in that country?
Alistair Burt
I am grateful to my right hon. Friend for his observations. Although the circumstances in Yemen are indeed dire and call for a conclusion to the conflict, not to understand the origins of the conflict and how it was started—the call for help and assistance by the legitimate Government—would be to fail to understand how the conflict can properly be brought to a conclusion. That outside influences have been involved, causing great danger, and great fears and concerns, in the region is also extremely clear.
Mike Gapes (Ilford South) (Lab/Co-op)
The Minister mentioned the two holy places. Hundreds of thousands—probably millions—of British citizens aspire to go or will go on the Hajj. During these discussions, will he be raising the issues about their security, and the way in which they are treated? Will he also emphasise the importance of Saudi Arabia revitalising the Arab peace initiative for a middle east peace settlement?
Alistair Burt
I would say two things. First, in relation to the Hajj, I do not know what is definitely on the agenda for each detail of the talks, but the hon. Gentleman and the House can be assured that the safety of those going to Hajj from the United Kingdom is always important, and often raised by the ambassador; and the Kingdom of Saudi Arabia knows how important that is to all who undertake the pilgrimage.
On the Arab peace initiative, yes, as the hon. Gentleman knows, I am really interested in how the Kingdom of Saudi Arabia might respond to anything we see soon from the US envoys. The Arab peace initiative, which lies at the basis of potential solutions, as it has for some time, remains very much in the minds of those who want to see peace between the Palestinians and Israel.
Zac Goldsmith (Richmond Park) (Con)
Historically, Saudi Arabia has channelled hundreds of millions, if not billions of pounds into the violent end of Islamic extremism all around the world. In my right hon. Friend’s assessment, has that approach shifted visibly under the Crown Prince?
Alistair Burt
The short answer to that is yes. We are all well aware of recent history, and that elements in Saudi Arabia may have been involved in elements of violent extremism. I think the setting of the Crown Prince’s face and his state against that, by calling for moderate Islam and for a modernisation, which flies in the face of those very extremists, is making clear the way in which Saudi Arabia wants to deal with its past and seek an alternative future.
Andy Slaughter (Hammersmith) (Lab)
There is no mention at all of human rights in the Crown Prince’s modernisation programme, Vision 2030—perhaps not surprisingly, as more than 300 people have been executed since it was launched, including children and peaceful protesters. I was not sure whether the Minister said that the issue of executions, beheadings and crucifixions would be raised with the Crown Prince. May I ask that it is, and specifically the issue of the juveniles who have been on death row for many years—Ali al-Nimr, Dawoud al-Marhoon and Abdullah al-Zaher?
Alistair Burt
I made clear to the House a moment ago the United Kingdom’s feelings about the death penalty—that the issue is raised, that it is not our policy, and that it is not a policy that we support in any state. We have raised the case of the minors, seeking a situation where they might not be executed. That matter remains very much a matter of concern to the United Kingdom, which is why we talk about it publicly and raise it privately as well.
Sir Desmond Swayne (New Forest West) (Con)
It was self-evident earlier that Houthi propaganda has been remarkably effective. Is there anything we could learn from that?
Alistair Burt
I defer to my right hon. Friend in his knowledge of propaganda and how it might be used. I am not sure whose voices are listened to most in relation to this matter. As the Houthi are not a state, because of history, it has been very easy to target the Kingdom of Saudi Arabia in this case. A more comprehensive picture of the conflict would perhaps lead to different conclusions. The conclusion, however, that we all want the conflict to end, so that there can be a durable peace and better security for the people of Yemen, who deserve better governance than they have had for some decades, is a matter of importance to us all.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
In the last month there has been huge disruption in access for international aid into Yemen’s ports on the Red sea. Given that that is primarily caused by Saudi Arabian blockades, will the Minister ensure that it is brought up with the Crown Prince as a matter of urgency, and that it is a serious objective of the UK Government to reopen those ports and allow access for humanitarian aid to the 22 million people in need of urgent assistance?
Alistair Burt
I can give the hon. Gentleman the assurance that I gave the House a moment ago. The restrictions were imposed because of the Saudis’ quite legitimate concerns that weapons, or weapons parts, that are directed against them are smuggled into Yemen. We wanted to give the assurance that we would do all we could to try to prevent that, and that in the process the restrictions on ships coming in could be eased. We have seen an easing of those restrictions. The ports are now open. Fifty ships have docked since the restrictions were imposed in December, and we shall do all we can.[Official Report, 12 March 2018, Vol. 637, c. 4MC.] The United Kingdom has taken a leading part, both in reassuring the coalition about the direction of missiles towards it, and in making the point about the crucial and urgent need for both commercial and humanitarian aid to enter Yemen.
John Howell (Henley) (Con)
In seeking to explore the context for a ceasefire, does the UK believe that Iran has broken any United Nations sanctions?
Alistair Burt
Yes; I thank my hon. Friend for the question. The UN panel of experts held very clearly, within recent weeks, that Iran had not been able to demonstrate that it had abided by UN resolution 2216, which is about the availability of weapons going to Yemen. That was what caused concern about the breach of UN sanctions. It emphasises again external interest in Yemen. That should also come to an end as part of a comprehensive peace agreement.
David Linden (Glasgow East) (SNP)
Over the past 24 hours, my inbox has been flooded by messages from constituents who want to see a ceasefire in Yemen, and the Minister has just said a number of times that the Government want an end to the conflict in Yemen. How does he square that circle, though, when this Government have been facilitating £4.6 billion-worth of arms sales, making us complicit in Yemen?
Alistair Burt
I understand the question. I repeat that the relationship with the Kingdom of Saudi Arabia, in terms of its defence and its place in a difficult and quite hostile region, is long-standing. In relation to Yemen, any arms exports are covered by extremely strict legal guarantees and the scrutiny of this House and the courts.
In relation to ending the conflict, as I said, it is not as simple as saying to one party, “Stop doing this and all will be all right.” When they have on their borders those who have made incursions into Saudi Arabia before, and when they have missiles directed at them, I do not think it would have any credibility. Accordingly, we must continue to do all we can, through the UN, to bring an end to this conflict. Military pressure on a Houthi insurgency has been part of that process, but clearly, as we have said before, we do not see a military solution to this; we see a process leading to negotiations and an end to the conflict as soon as possible.
Gareth Johnson (Dartford) (Con)
The Crown Prince has been absolutely clear that he wants to build a moderate, modern future for Saudi Arabia. The whole House would want to see him achieve that. Does the Minister agree that the best way to bring that about is to work with him and to assist him, not build diplomatic walls between our two countries?
Alistair Burt
I agree with my hon. Friend. That is indeed the point of the engagement, which, I can again assure the House, covers the very positive parts of what is happening in Saudi Arabia, such as reforms and modernisation, but does not shy away from the difficult things that I know are on the minds both of Members and their constituents.
Kevin Foster (Torbay) (Con)
It is right that we engage with the Kingdom of Saudi Arabia and it would be unrealistic to suggest that we do not. A number of us have a concern around the attitude to freedom of religion—people’s right to practise their own faith in the Kingdom. Can he reassure me that such issues will be raised during the visit to the UK?
Alistair Burt
Freedom of religion is a particularly difficult issue because of Saudi Arabia’s position as the custodian of the two holy mosques. We are absolutely clear: greater tolerance throughout the region, one faith for another, is crucial if the region is to move away from the path of confrontation on which it appears set. There will always be a voice here for tolerance of other faiths, and for progressive moves towards freedom of faith throughout the region.
Simon Hoare (North Dorset) (Con)
I refer to my entry in the register. I know it will embarrass my right hon. Friend, but can I invite him to comment or reflect upon this? Relations between countries will often depend on the quality and diligence of our diplomatic ambassadors overseas. We are very lucky to have a first-class ambassador to Saudi Arabia. He has converted to Islam and undertaken the Hajj, and I have seen at first hand the close, honest relationship that he has with the Government of Saudi Arabia. He is a pinnacle and best example of our diplomatic corps, and this House should be grateful to him for helping to occasion this important visit, which certainly I welcome.
Alistair Burt
I am grateful to my hon. Friend for saying that. Behind all the efforts of Ministers at the Dispatch Box is an extraordinary diplomatic team, of which our ambassador in Riyadh, Simon Collis, is a perfect example. I fully endorse everything that my hon. Friend has said. I would also mention Simon Shercliff, who has just stepped down as our ambassador to Yemen, and all the efforts that he made, and we wish Michael Aron, the new ambassador to Yemen, very well. It is a first-class team and is representative of a first-class team throughout the region, which I have the honour to represent.
Mr Speaker
I gather it relates to the exchanges that have just taken place.
Rebecca Pow
I would like to put it on record, for clarification, that I went on a delegation to Saudi Arabia. I want to be quite clear about that.
Mr Speaker
I am most grateful to the hon. Lady for putting that on the record. The House will appreciate it.
Blagging: Leveson Inquiry
(6 years, 9 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Tom Watson (West Bromwich East) (Lab)
(Urgent Question): To ask the Secretary of State for Digital, Culture, Media and Sport if he will make a statement on the allegations of blagging at The Sunday Times and the relevance of these to the Leveson public inquiry.
The Secretary of State for Digital, Culture, Media and Sport (Matt Hancock)
This morning we saw reports in the media of a potential fraud and data protection breach by a former private investigator. The allegations are of behaviour that appears totally unacceptable and potentially criminal. Investigation is therefore a matter for the police, and the House will understand that there is only so far that I can go in discussing the specific details and allegations.
More broadly, some people have already formed the conclusion that this revelation should require us to change policy on press regulation. Policy, of course, should always be based on all available information. It is worth noting that the activity described apparently stopped around 2010, before the establishment of the Leveson inquiry. Indeed, it was precisely because of such cases that the Leveson inquiry was set up. This sort of behaviour was covered by the terms of reference of that inquiry, and Mr Ford’s activities were raised as part of the inquiry.
As we discussed in the House last week, and again on Monday, there have been three detailed police investigations. A wide range of offences were examined; over 40 people were convicted, and many went to prison. Today’s revelations, if proven, are clearly already covered by the law and appear to be in contravention of section 55 of the Data Protection Act 1998. As described, they would also appear to be in contravention of the new Data Protection Bill that is currently before the House.
What is more, the fact that this activity stopped in 2010 underlines the point that the world has changed. Practices such as these have been investigated. Newspapers today are in a very different position from when the alleged offences took place. That view is in fact strengthened by today’s example, because the behaviour that we have discovered today was from before the Leveson inquiry, and existing law is in place to deal with it. Criminal behaviour should be dealt with by the police and the courts, and anyone who has committed a criminal offence should face the full force of the law.
The future of a vibrant, free and independent press matters to us all. We are committed to protecting it. We want to see the highest standards, and we must face the challenges of today to ensure that Britain has high-quality journalism and high-quality discourse to underpin our democracy for the years to come.
Tom Watson
I refer to my entry in the register.
The world has not changed. The “one rogue blagger” defence—it has been uttered from the mouth of the Secretary of State. When he announced last week that he was dropping the Leveson inquiry, the Culture Secretary said he was doing so because the inquiry
“looked into everything in this area, and it was followed by three police investigations…We looked into these things as a society. We had a comprehensive Leveson inquiry.”—[Official Report, 1 March 2018; Vol. 636, c. 974.]
He told us that the matter was closed—there was nothing more to see. Well, overnight, the BBC has reported allegations by another whistleblower, John Ford, who says that he was a blagger for The Sunday Times for 15 years—a newspaper that the Secretary of State did not even mention.
Mr Ford claimed that he obtained private bank and mortgage information about Cabinet members and public figures. He says that his activity for the paper was illegal, intrusive and ultimately wrong. In his evidence to the first half of the public inquiry, Times editor John Witherow, who then edited The Sunday Times, conceded that Ford had worked for the paper, but did not reveal that he had done so for over a decade. Today, The Sunday Times has disputed the new claims.
The second half of the Leveson inquiry could establish where the truth lies. That is what it was set up to do, but the Government are closing down the public inquiry before it has done its work, despite Sir Brian Leveson saying that he fundamentally disagrees with that decision, along with 130,000 concerned citizens who said it should go ahead and whom the Secretary of State has chosen to disregard. He is capitulating to the press barons, who want to use their raw power to close down a national public inquiry. In the light of the new allegations, will he reconsider his decision on the public inquiry into illegality in the press? If not, how will he assure the House and the public that these new allegations of criminal behaviour by The Sunday Times will be fully investigated? Is it not now clear to him that too many questions remain unanswered to justify the decision to break David Cameron’s solemn promise to the victims of press abuse?
Matt Hancock
I think I covered all those questions in my statement. As I mentioned, not only did the Leveson inquiry have terms of reference that covered this type of allegation, but this person was raised at the Leveson inquiry. As the hon. Gentleman implied, it is of course a matter for the police to follow up any evidence of criminal wrongdoing. He also asked whether we should therefore bring in an inquiry that is backward-looking and bring in rules that would help to undermine further the free press that we need, notably section 40. The answer to both those questions last week was clearly no, and this new evidence, of activity that it appears took place up to 2010—therefore, up to seven years ago—is not a reason to reopen decisions that were taken exactly on the basis that the world has changed. If anything, this evidence demonstrates further how much things have changed.
Mr Kenneth Clarke (Rushcliffe) (Con)
I was Justice Secretary when we set up the Leveson inquiry and when we promised the second stage of the inquiry, so my right hon. Friend will not be surprised to discover that I share some of Sir Brian Leveson and other people’s disappointment that the second-stage inquiry was postponed. Does my right hon. Friend really think that there is no longer sufficient public interest in new allegations of this kind or in knowing which newspapers were bribing which policemen because it was as long ago as seven years? Does he think that the best newspapers in this country would accept that judgment for a moment if it was applied to any other sector of the economy? We have public inquiries in hand at the moment looking into much older things—allegations of sexual abuse, the haemophilia tragedy, and others—so will he not wait until we have a new allegation that is post-2011 before at least thinking again a bit about his decision?
Matt Hancock
I respect my right hon. and learned Friend’s view. Indeed, it was an honour to serve with him in government. But the question that faces us is: what is the right thing to do now to ensure that we have high-quality democratic discourse, when the press face such great challenges, and to tackle fake news, deliberate disinformation, clickbait and the impact of the internet, which was hardly covered by this inquiry? We are taking that work forward. As I mentioned in my statement, allegations of behaviour such as this were covered and looked into by the original inquiry, and there were extensive police investigations. If it comes to another police case into these allegations, the existing law is there to cover it.
Brendan O'Hara (Argyll and Bute) (SNP)
Clearly these new reports are worrying and only add to the serious concerns that many of us across the House have about the behaviour of the press. Scottish National party Members have always said that individuals should be able to seek redress when they feel they have been the victim of press malpractice, and it benefits every one of us to have a media that is both transparent and accountable.
I repeat that if Leveson 2 is to be set up, the Scottish Government must be consulted and Scotland’s distinct legal system recognised. In those circumstances, we would support efforts to establish a new UK-wide press inquiry. What action, if any, is the Secretary of State proposing to take on these new allegations? Can he guarantee that if an inquiry is established, it would happen only after consultation with the Scottish Government and would take into account and respect Scotland’s distinct legal system?
Matt Hancock
Of course I respect the constitutional settlement. Action is necessary as a result of these revelations, and it is action for the police into allegations of what appear to be criminal activities.
Damian Collins (Folkestone and Hythe) (Con)
The Secretary of State is right to say that criminality is a matter for the police, but does he feel that the Information Commissioner, who has the right to investigate breaches of personal data, has all the power she needs? Is he listening to her calls to further strengthen her powers through the Data Protection Bill?
Matt Hancock
Yes, of course. We have a good working relationship with the Information Commissioner. Her powers are being strengthened by the Data Protection Bill, and I am sure that the level to which and the ways in which they are strengthened will be properly scrutinised as the Bill goes through Committee and further stages.
Edward Miliband (Doncaster North) (Lab)
I urge the Secretary of State to stop trying to hide behind the Leveson inquiry, because the man who was responsible for that inquiry says he fundamentally disagrees with him. In the remarkable letter he wrote to the Secretary of State, he said:
“I have no doubt that there is still a legitimate expectation on behalf of the public and, in particular, the alleged victims of phone hacking and other unlawful conduct, that there will be a full public examination of the circumstances that allowed that behaviour to develop and clear reassurances that nothing of the same scale could occur again”.
That is the point. Of course the police can look into specific instances, but the question Sir Brian is posing is: what was the culture that allowed those practices to happen, and how can we have reassurance that that culture has changed? How can we have that reassurance without a Leveson 2 inquiry?
Matt Hancock
Not only has there already been a Leveson inquiry into those areas, but the culture has clearly changed, and the fact that these practices ended in 2010 underlines the fact that they are historical. What we now have to address is how we ensure that there is high-quality journalism in the years to come, rather than revisiting the time when the right hon. Gentleman was at the height of his powers.
Mr John Whittingdale (Maldon) (Con)
Does my right hon. Friend agree that revelations of blagging by private investigators employed by newspapers have been known about ever since Operation Motorman and the subsequent report by the Information Commissioner, which was more than 10 years ago and led to prosecutions and convictions? He is absolutely right that newspapers today face real challenges, and it is those that we should be looking into through the inquiry that the Government have set up, rather than revisiting events of a decade ago.
Matt Hancock
It was a great pleasure to serve in government with my right hon. Friend, who preceded me in this job. He has great wisdom in this area and understands the challenges faced in having a high-quality media with high-quality journalism that must behave appropriately and ensuring that people have redress, such as in the low-cost arbitration system that now exists. He put a lot of work into putting all of that into place, and I pay tribute to him and agree with what he said.
Chris Bryant (Rhondda) (Lab)
The thing is, we heard time and time again that it was just one rogue reporter and one rogue newspaper, and then that it was just one rogue company. We now learn, because of civil actions that people have had to put their homes in danger to be able to take, and because of revelations last night, that it was very extensive, including The Sunday Times, which thus far has always denied any involvement in this kind of activity. Last week, the Secretary of State said that he hoped there would be improvements to the press complaints system. What improvements would he like to see?
Matt Hancock
I want the low-cost arbitration system that has been put in place by the Independent Press Standards Organisation to work. At the moment, we have not seen a full case go through it. It has just been put in place, in November, and I want to see it work better. I want to make sure that when wrong decisions are made, there is a proper acknowledgment of and apology for that.
Bill Wiggin (North Herefordshire) (Con)
Those who believe in a truly free press should not accept IPSO, and those who do not believe in a truly free press cannot accept it either. In the light of these criminal confessions, which only The Guardian and the BBC reported, does my right hon. Friend agree that implementing section 40 would be more in the spirit of building a country that works for everyone than the current system, whereby only the very rich can challenge the press?
Matt Hancock
I have a lot of time for my hon. Friend. Making sure the country works for everyone means making sure we have a press that can investigate people and cannot be put off such investigations by the threat of costs, even if everything they report is accurate. Therefore, I think that section 40 is not appropriate, but it is important that we have proper redress through IPSO, which has recently brought in a new system, and, as I said in my previous response, I would like to see that working.
Mr Speaker
I am sure the hon. Member for North Herefordshire (Bill Wiggin) will go about his business with an additional glint in his eye and spring in his step as a result of enjoying the approbation of no less a figure than the Secretary of State.
Joanna Cherry (Edinburgh South West) (SNP)
Does the Secretary of State agree that as well as being criminal, the behaviour described by John Ford would be actionable in civil law? If section 40 were enforced, it would be of considerable benefit to any member of the public who was a potential claimant, particularly if the publisher of The Sunday Times were held to be vicariously liable for the criminal and civilly actionable behaviour.
Matt Hancock
The hon. and learned Lady has demonstrated just how much this is a matter for the courts and potentially criminal. She raises the issue of civil action. That is how in this country we deal with misdoing such as this that is potentially criminal.
Simon Hoare (North Dorset) (Con)
Can my right hon. Friend confirm that if the allegations published are true, they would be criminal acts and could be prosecuted today, without any recourse to either Leveson 2 or indeed any other inquiry? If there is a concern about access to funds, might Mr Mosley and his supporters fund such an action?
Matt Hancock
Certainly the allegations we have read about are potentially criminal, and dealing with that is a matter not for Ministers but, rightly, for the police.
Darren Jones (Bristol North West) (Lab)
Hundreds of thousands of the British people, Lord Leveson and now the revelations from Mr Ford have made it clear that this matter is not closed, which might lead the public to ask: what is there to hide? Why will the Secretary of State not just let Leveson 2 take place, so that he can once and for all put a line under it and show that, as he attests, the world has indeed moved on?
Matt Hancock
Because I am concentrating on what we need for the future, not on what happened more than seven years ago.
Julian Knight (Solihull) (Con)
The Sunday Times blagging revelations are deeply disquieting, but they are historical. Can my right hon. Friend assure me and the victims of press intrusion, in particular those who face it in times of bereavement, that the new model of regulation introduced since the Leveson inquiry makes such activities much less likely and that there are proper sanctions in place?
Matt Hancock
Not only is that what is in place, but it is what must be in place. Ensuring that that happens and that, at the same time, the free press is protected and standards are protected is extremely important.
Christine Jardine (Edinburgh West) (LD)
The Secretary of State tells us that the world has changed. May I remind him that when the Press Council was set up we were assured the world had changed, and then when the Press Complaints Commission was set up we were assured the world had changed? We do not know it has changed; we do not know that this action stopped with the Leveson inquiry. Perhaps the only way we would know was if we had Leveson 2. Will he reconsider having Leveson 2?
Matt Hancock
The hon. Lady tries to argue that things are not different from seven years ago. The challenges facing the press are different, but the polity is also different. We have legislative changes in the rules for the police—we have a new police code of ethics—and on the press side, we have a wholly new regulator. The idea that things are the same as they were is undermined by the fact that this is historical activity, not recent activity.
Edward Argar (Charnwood) (Con)
A free and independent press, especially local press, is a pillar of our democracy. It is vital that the press adhere to the highest ethical and journalistic standards and that any criminal allegations are fully investigated, and it is also vital that that freedom is preserved and respected. It is a difficult balance to strike, but will my right hon. Friend reassure me that it is exactly that difficult balance that he and his predecessors have consistently sought to strike?
Matt Hancock
That is right—as well as always facing the challenges that are in front of us now. The idea that we should put at risk hundreds more local newspapers, over and above the 200 that have shut since 2005, is anathema to me, because it is so important that our local press is supported. People who support the implementation of section 40 support ending the ability of the local press to investigate people locally and, ultimately, are undermining those businesses.
Julie Elliott (Sunderland Central) (Lab)
If the allegations by John Ford are proved to be true, it means not only that there has been a serious abuse of power by major newspapers for over a decade, but that John Witherow—then the editor of The Sunday Times, and now the editor of The Times—was only partially truthful in his evidence to the Leveson inquiry. How will the Secretary of State ensure that the full truth is finally revealed?
Matt Hancock
As the hon. Lady knows, if the allegations are to be investigated, that is a matter for the police. They will therefore look into these allegations, and that is the right place for that to happen.
Matt Warman (Boston and Skegness) (Con)
I should declare that among the allegations printed in The Guardian, it is alleged that Mr Ford worked for The Telegraph, my former employer. Is it not itself a demonstration of how much the culture has changed that our newspapers are reporting on these historical allegations and, furthermore, that we have a regulator that provides the low-cost arbitration that would give victims the redress the Opposition claim they need so desperately?
Matt Hancock
My hon. Friend is spot-on. There is a group of people in this House right now who are interested in the past, and there is a group interested in the future, and I am firmly interested in making sure we have decent, high-quality journalism for the future.
Nic Dakin (Scunthorpe) (Lab)
The Father of the House is completely right that the press would not allow other institutions or organisations to be judged against such a low bar. Why is the Secretary of State satisfied that the press are not being judged against the sort of bar that they would judge other people against?
Matt Hancock
These are allegations of criminal behaviour that are printed in a newspaper—a newspaper that supported the approach we took on Thursday—so they are being printed in the media and discussed in this House. Allegations of criminal behaviour should of course be dealt with properly by the police in the normal way.
Michelle Donelan (Chippenham) (Con)
Does my right hon. Friend agree that Leveson 2 would not only be very costly and lengthy, but might undermine the freedom of our press, be disproportionate and, given that newspapers’ circulation has been declining while digital media consumption has been increasing, be too narrow?
Matt Hancock
My hon. Friend is quite right: we have to make sure that we have in place vibrant high-quality journalism and a free press that can hold the powerful to account. Some people may not like that, but it is an incredibly important part of having high-quality political discourse and, ultimately, liberal democracy as we know it. That is what we are focused on.
My hon. Friend mentions the costs, which I had not even come on to. The potential cost of another Leveson inquiry is estimated to be about £5 million. I think that that is money better spent ensuring there is a sustainable future for high-quality journalism.
Alex Norris (Nottingham North) (Lab/Co-op)
The Secretary of State says it is not desirable to look at the events of the past because the Department is focusing its efforts on fake news and clickbait. Why can we not do both?
Matt Hancock
We have already had a full investigation, through Leveson, of what happened. The question now is what we do next.
Andy Slaughter (Hammersmith) (Lab)
Not only is the Secretary of State’s fig-leaf excuse that the world has changed wrong, but it ignores the fact that the delay in part 2 was always built into the inquiry to allow police investigations to take place. The Sunday Times revelations show that evidence is there to be investigated. Does not his wilful refusal to allow the inquiry to proceed just make it look as though he and the media have something to hide?
Matt Hancock
No. The hon. Gentleman says that this morning’s evidence shows that there needs to be further investigation. This is of course why we have the police to investigate and, if necessary, the courts to ensure that justice is done.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
The Secretary of State stated at the start that policy must “be based on all available information”, but how can that possibly happen if there is no second stage of the inquiry, as has been recommended, so will he stop contradicting himself and get on with the job?
Matt Hancock
It is very hard to add anything more to the fact that there will be an investigation if the police deem the allegations of what appears to be criminal behaviour to be criminal behaviour. The point is that that is a matter for the police in this country, not for Ministers.
Christian Matheson (City of Chester) (Lab)
The Secretary of State talks about these being historical events, but of course the victims of the latest hack found out about it only yesterday, and may not even know about it at the moment, so that is not very historical. Sir Brian Leveson wrote a letter to the Secretary of State saying that matters had not yet been fully considered and that we needed the second part of the inquiry. Why does he think he knows better than Sir Brian Leveson?
Matt Hancock
I have of course considered all the relevant evidence, including the representations from Sir Brian, and my judgment is that we need to concentrate on making sure we have sustainable, high-quality journalism in the future. The hon. Gentleman says that these matters are current, not historical, but the activities alleged in newspapers and by the BBC this morning are ones that they say ended in 2010, which means they are indeed historical.
Jenny Chapman (Darlington) (Lab)
Does the Secretary of State not understand why I and my colleagues find it slightly odd that he should decline an inquiry on the basis that these things happened before 2010? By that logic, we would never have had the Iraq inquiry, the child abuse inquiry or the Bloody Sunday inquiry. By definition, inquiries examine events that have happened in the past.
Matt Hancock
We have had an inquiry that investigated what happened in the past. It cost millions of pounds: a total of £48 million was spent, including on the police investigations. There were three separate police investigations and over 40 convictions. The issue of the gentleman mentioned this morning was raised in the Leveson inquiry. The idea that we need to have a new inquiry is actually undermined by today’s revelations, rather than supported. What matters is that we look forward to making sure that we have high-quality journalism and sustainable business models for it in the future.
Points of Order
(6 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
I will come to the hon. Gentleman, but I have another point of order first.
Barbara Keeley (Worsley and Eccles South) (Lab)
On a point of order, Mr Speaker. In an oral statement on social care on 7 December 2017, the then care Minister, the hon. Member for Thurrock (Jackie Doyle-Price)—as it happens, she is in her place on the Front Bench at the moment—replied to a question I asked about the Government abandoning the carers strategy, which had been due to be published in summer 2017. Of the thousands of carers who had responded to a consultation and then been left waiting, the Minister said:
“We have listened to them, and we will consider what they have said in bringing forward the Green Paper. In the meantime, it is very important to pull together exactly what support there is at present and then respond to that, and we will publish our action plan in January.”—[Official Report, 7 December 2017; Vol. 632, c. 1238-39.]
It is now March, and this is the second time I have raised this on a point of order. Not only do we no longer have any prospect of a carers strategy from the Government, but they have not met their own target to publish an action plan. That is a shabby way to treat carers. Mr Speaker, have you had any indication that the current Minister for Care or, indeed, any Health Minister plans to come to the House to update us on what, if anything, the Government propose to do for carers?
Mr Speaker
I have certainly not been advised of any intention on the part of a Minister to make an oral or, indeed, written statement to the House. There is a Health Minister on the Treasury Bench, who has heard what the hon. Lady said. She is welcome to respond if she wishes, but is under no obligation to do so.
The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)
indicated dissent.
Mr Speaker
Not at this time. I say to the hon. Member for Worsley and Eccles South (Barbara Keeley), who is an experienced denizen of the House, that there will be opportunities through the business question and subsequently for her to draw the attention of the House again, and perhaps in more detail, to her concerns and to elicit a ministerial reply.
Paul Farrelly
On a point of order, Mr Speaker. I ask your advice on how the House can put on the record its concern that the Conservative manifesto in 2017, with its promise to scrap Leveson 2 and section 40, pre-empted the results of a consultation that the Department for Culture, Media and Sport was carrying out. How can we be sure, particularly given the comments of Sir Brian Leveson, that that decision was reached fairly and reasonably and will not be subject to judicial review?
Mr Speaker
I will say two things in response to the hon. Gentleman. First, he seeks and perhaps over-generously expects from me a degree of reassurance and even of wisdom that it is not within the capacity of the Chair to provide. Secondly, in asking how we—meaning the House as a whole—can be sure, I simply say that the hon. Gentleman, who is no stranger to these matters, raises something of a philosophical question. Whether, when and to what degree Members can be confident of certainty are not matters that can be broached now from the Chair. However, in so far as he was seeking—as the puckish grin on his face suggests—to register his own concerns, he has found his own salvation.
Karen Lee (Lincoln) (Lab)
On a point of order, Mr Speaker. At Prime Minister’s Question Time on 31 January, I asked for a meeting with a Minister and was promised that I could have one. I received a letter two or three weeks ago saying that the matter had been passed to the Department of Health and Social Care. I seek your guidance—or anyone’s guidance, really—on how I can progress that, because I have had no meeting and no date so far. That was five weeks ago, so I think I have been fairly patient.
Mr Speaker
The hon. Lady has certainly been patient. Sometimes, raising a point of order in the Chamber and reminding those on the Treasury Bench of a promised meeting that has not yet been delivered can be a remarkably effective way of bringing about said meeting. The other device that I recommend to the hon. Lady, who is a new Member of the House, is the tabling of a written question. If she is interested in exploring historic copies of the Official Report, she will know that the former Member for Manchester, Gorton, our late and dear friend Sir Gerald Kaufman, was fond of highlighting unanswered correspondence to which he demanded a reply, unanswered questions to which he demanded a reply, or undelivered meetings that he had been promised and on which he still insisted by tabling written questions to remind Ministers of those matters and inquire when the promised reply or meeting would take place. In my experience, Sir Gerald was remarkably effective at obtaining such responses, as indeed was the former Member for Walsall North, Mr David Winnick. The hon. Lady may usefully learn from their and many other examples.
Alex Cunningham (Stockton North) (Lab)
On a point of order, Mr Speaker. In January, the Government announced plans to incentivise local communities to agree to explore the possibility of storing radioactive nuclear waste near their homes—an initiative that was widely reported in the media. I was anxious that it could revive proposals to store nuclear waste in the anhydrite mine under thousands of homes in Billingham in my constituency. I raised the issue at Prime Minister’s questions on 31 January. Sadly, the Prime Minister’s substitute that day, the Minister for the Cabinet Office, despite the publicity and it being Government policy, knew nothing about that initiative by his Government. However, he promised to investigate the matter and write to me. That was five weeks ago. Will you advise me whether it is unreasonable of me to have expected an answer by now?
Mr Speaker
I am grateful to the hon. Gentleman for his point of order and for his courtesy in giving me notice of it. It is not unreasonable for an hon. Member to expect a response from Ministers within five weeks. Ministerial correspondence is of course, as colleagues will know, the responsibility of the Minister concerned. The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster, the right hon. Member for Aylesbury (Mr Lidington), who happens to be my constituency neighbour, is normally most courteous. I am sure that his colleagues on the Treasury Bench, including the representatives of the Patronage Secretary, will swiftly alert the right hon. Gentleman to this outstanding action. The hon. Member for Stockton North (Alex Cunningham) certainly should have had a reply and he should now get one, sooner rather than later. Meanwhile, he has placed his concern on the record.
Local Health Scrutiny
Wednesday 7th March 2018
(6 years, 9 months ago)
Commons ChamberRead Full debate Local Health Scrutiny Bill 2017-19 View all Local Health Scrutiny Bill 2017-19 Debates Read Hansard Text
A Ten Minute Rule Bill is a First Reading of a Private Members Bill, but with the sponsor permitted to make a ten minute speech outlining the reasons for the proposed legislation.
There is little chance of the Bill proceeding further unless there is unanimous consent for the Bill or the Government elects to support the Bill directly.
For more information see: Ten Minute Bills
This information is provided by Parallel Parliament and does not comprise part of the offical record
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
I beg to move,
That leave be given to bring in a Bill to make provision about health scrutiny by local authorities, including scrutiny of clinical commissioning groups’ decisions; and for connected purposes.
The Health and Social Care Act 2012 introduced radical changes to the way in which healthcare was organised. Gone were the days of large primary care trusts and regional health authorities, and in came smaller, more focused, doctor-led clinical commissioning groups and, with each clinical commissioning group, a so-called accountable officer.
There are 207 CCGs in England. They are responsible for two thirds of all NHS spending, controlling £73.6 billion of taxpayers’ money. Decisions taken by CCGs affect elective hospital services, emergency and urgent care, community care and mental health support services. The principle of clinical commissioning groups—ensuring that the health services in our communities reflect the needs of our communities—is, on the face of it, sensible. However, as with all providers of public services and spenders of public money, they should be accountable to the public they seek to serve and the decisions they make should be available for public scrutiny. That is what the Bill seeks to achieve.
The present system of public scrutiny for decisions by clinical commissioning groups is opaque, cumbersome and impenetrable to most. It is all bound up in regulation 23(9) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, which sets out that local authorities can refer decisions of clinical commissioning groups to the Secretary of State for Health and Social Care where they believe that proper consultation on a service has not taken place or where they consider that
“the proposal would not be in the interests of the health service in its area.”
This all sounds very good, but in reality it is a “take it or leave it” scenario. Local authorities and their elected membership are not empowered to do anything other than accept a decision or escalate it straight to the Secretary of State. That binary approach does not make for good scrutiny, nor does it allow councillors and local authorities to be involved in helping CCGs to make better long-term decisions.
That is not the only flaw in the current scrutiny system. Should a local authority make a referral to the Secretary of State, it is immediately referred to the Independent Reconfiguration Panel. However, since 2013 only 18 referrals have been received. The last four referrals, which were from Thurrock, Cumbria, the East Riding of Yorkshire and my own city of Stoke-on-Trent, saw almost a year pass between the referral to the Secretary of State being received and the report from the Independent Reconfiguration Panel being published. I am sure we would all agree that that is a totally unacceptable wait, during which clinical commissioning groups are free to implement the decision they have taken despite it being subject to a referral. I do not believe anyone would see that scrutiny process as fair or robust.
The Bill seeks to impose a 45-day time limit between a referral being received by the Secretary of State and the Independent Reconfiguration Panel making a report. Crucially, it also seeks to put any decision referred to the Secretary of State on hold until such time as the Independent Reconfiguration Panel has made its deliberations. The Bill would go further by granting local authorities a new power to call in decisions of CCGs to their local health scrutiny committee and to compel accountable officers to properly consider the views of councillors before progressing with decisions. That would be no different from the mechanisms councils already have to challenge decisions regarding public health, which have been a function of local government since 2013.
Nowhere would that new power have been more welcome than in my own city of Stoke-on-Trent. For over two years now, the north Staffordshire and Stoke-on-Trent CCGs have been pursuing a flawed and deeply unpopular plan for decommissioning and closing community care beds. Beds in Longton Cottage Hospital, Bradwell Hospital, Leek Moorlands Hospital, Cheadle Hospital and Haywood Hospital have all been lost—more than 200 in total. A referral to the Secretary of State of the disastrous “My Care, My Way, Home First” plan, dreamt up by the accountable officer, Marcus Warnes, was proposed by Stoke-on-Trent City Council, Staffordshire County Council, Staffordshire Moorlands District Council and Newcastle-under-Lyme Borough Council, but the referral took almost a year to be considered. I want to thank city councillor Joan Bell and county councillors Dave Jones and Charlotte Atkins, formerly of this place, for their help in achieving those referrals from the county and city councils.
During that year-long wait, however, Marcus Warnes carried on implementing the plan and closing much-needed community care beds. When the final report came back from the independent reconfiguration panel, it was scathing about the process. It said:
“The bed modelling presented in September 2015 has proved entirely incorrect and misleading.”
It also said:
“The circumstances of the NHS’s original decision not to consult about the closure of the Longton Hospital beds are unclear.”
The reconfiguration panel also said of Marcus Warnes’ consultation:
“It did not include any meaningful reference to the impact on community beds and hospitals.”
Frankly, Madam Deputy Speaker, if you or I, or for that matter any local councillor, was the subject of a report suggesting we had misled the public in the way we spent taxpayers’ money, we would be out of a job. I see no reason why Marcus Warnes should be any different. Rather than lose his job, however, he was appointed, against the wishes of the local authorities, as the single accountable officer for the whole of Staffordshire: a huge amount of power concentrated into an entirely unaccountable individual. In Staffordshire’s case, absolute power is leading to absolute chaos. Last week, 150 members of the Staffordshire “Care for All” campaign, led by Andy Day of the North Staffordshire Pensioners’ Convention, came to Parliament to press their case against community bed closures, because they do not have faith that the current scrutiny system is working.
That is just one example from Staffordshire, but there are many more, such as the botched privatisation of council care programmes and the CCG continuing to fine our local hospital millions of pounds for missed targets. Away from Stoke-on-Trent, there are other examples. My hon. Friend the shadow Health Secretary exposed last week how 44 CCGs were paying GPs a bonus not to refer people to hospital. That is an example of CCGs implementing dangerous policies on the NHS without proper scrutiny or public support. Cash incentives based on how many referrals GPs make should have no place in patient care and should never be used.
Such practices should be blocked, and that is why the Bill is necessary. It will provide local accountability for the decisions that are taken by CCGs. It will provide new scrutiny powers to democratically elected councillors to rein in unaccountable CCG chief officers. It will ensure that local NHS services are scrutinised in the same way as council-provided public health services. The Bill will come too late to challenge the decisions in north Staffordshire or to support the 17 referrals that came before it, but it could help to ensure that future decisions by all CCGs are genuinely in the interests of the communities they are there to serve. There is still a lot more to do to return genuine accountability to the NHS, but the Bill would be a start.
Question put and agreed to.
Ordered,
That Gareth Snell, Layla Moran, Jack Brereton, Jeremy Lefroy, Diana Johnson, Rosie Cooper, Mike Gapes and Ruth Smeeth present the Bill.
Gareth Snell accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 6 July, and to be printed (Bill 178).
Opposition Day
European Union Citizenship
(6 years, 9 months ago)
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Hywel Williams (Arfon) (PC)
I beg to move,
That this House supports the maintenance of European Union citizenship rights for Welsh, Scottish, Northern Irish and English citizens; notes that the range of rights and protections afforded to individuals as European Union citizens are integral to a person’s European identity; further notes that many of those rights are closely linked to the UK’s membership of the Single Market; and calls on the UK Government to ensure that the UK’s membership of the Single Market and UK citizens’ right to European Union citizenship are retained in the event that the UK leaves the EU.
Before I begin, may I apologise to the House? I have a very bad head cold that has rendered me slightly deaf, although that is perhaps no great disadvantage in this place. I caution any Member who intervenes that I might have some difficulty hearing them.
Our motion calls for UK nationals to retain European citizenship after we leave the European Union. The key word here is “retain”: we wish to retain what we already have. It is supported by a wide range of organisations and individuals: the Scottish National party, the Liberal Democrats, the Green party, Open Britain, Best for Britain, the European Movement, The New European, Cymru Dros Ewrop—Wales for Europe, New Europeans, Our Future Our Choice, Brand EU, UKtoStay.EU and Another Europe is Possible, as well as Jo Maugham, QC, of the Good Law Project, and Professor Volker Roeben and Dr Pedro Telles, two of the authors of a report on EU citizenship commissioned by my good friend Jill Evans, the Plaid Cymru MEP. Since the referendum, they have been arguing consistently for the retention of EU citizenship, and I recommend the report to anyone who wishes to pursue this argument. To the relief of hard-pressed Members, I can say that the executive summary is very good.
The crux of our argument is that although we are leaving the EU, the European citizenship rights conferred on UK citizens are not extinguished. Although we are leaving, those rights persist. Continuing Union citizenship is the more convincing interpretation of European and international law. Indeed, the principle that although a treaty might be bought to an end, the rights conferred by it are not extinguished, is enshrined strongly in international law. I refer Members to the 1969 Vienna convention on the law of treaties, which will be binding on member states, the UK and the EU itself post Brexit. Article 70(1)(b) of that convention provides that “legal situations” created during the currency of the treaties continue after withdrawal.
As Professor Roeben et al say on page five of the report:
“This interpretation of the Convention, that ongoing situations and rights continue, is supported by the overriding objective of ensuring legal certainty and preventing withdrawals from treaties having any retroactive effect. It is also supported by state practice.”
That is a crucial aspect of international law. Governments withdrawing from treaties cannot just abandon the rights their citizens already have. Professor Roeben tells me, by the way, that this article, as with much international law, was drawn up with the prominent participation of British legal experts.
There is an alternative reading that article 50 extinguishes all rights of the individual created by the founding treaties. In that case, both EU and international law would demand that a treaty be negotiated on associate Union citizenship, bringing with it a bundle of rights that might be little different from those that come with full citizenship. One way or other, we believe that EU citizenship of a sort is required.
The EU could legislate on citizenship post Brexit. That legislation would protect UK nationals in the EU, but would have no binding effect on the UK—by definition, because we would have left. We therefore urge the Government to look to achieving continuity and associate citizenship through the withdrawal agreement. That is why today’s debate is particularly timely.
The report concludes that neither continuity nor associate citizenship would require any revision of the founding treaties. There is a great deal more detail in the report that I will not go into today, but it will become pertinent if the Government recognise the force of our argument and proceed as we recommend. For now, I wish to set the context for our party’s position and say plainly from the start that Plaid Cymru campaigned to stay in the European Union. This was consistent with our long-term pro-European policy—indeed, that has been our policy since our establishment in 1925.
We have always been aware of our European history and our nation’s European heritage and have set great store by it. That has influenced our party profoundly. Our long-time president, Gwynfor Evans, who was the Member for Carmarthen, would rarely miss the opportunity to remind the people of Wales of our European heritage and our 1,500-year history as a people with our own language and culture, from our immediate post-Roman beginnings onwards to the present day. In fact, his conference speeches would often consist of retelling our history. I am reminded of a small joke made by two valleys members during one of Gwynfor’s speeches. One said to the other, “Good God, this is 20 minutes in and we are only in the 9th century!”
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
My hon. Friend is making his usual excellent case when he leads these debates. We could go even further back to Saunders Lewis, who was the president before Gwynfor Evans. Saunders saw our European heritage as vital to his vision for Wales for the future, partly driven by his time in the trenches in the first world war and his desire not to see another generation of Welshmen die in the fields of foreign lands.
Hywel Williams
My hon. Friend makes a very good point. I was going to refer later to the fact that the European Union has helped largely to prevent war on the European continents, although there are obvious exceptions, such as in the former Yugoslavia, which was not a member of the EU. He makes a pertinent point about Saunders Lewis, who had that profound experience in the trenches. It was one reason why he and his friends set up Plaid Cymru in August 1925 in my home town of Preseli, at a meeting of the Eisteddfod. While I am on my feet, I might as well also say that our profound lack of political realism at that time meant that in a country that was almost exclusively non-conformist, teetotal and in favour of the British empire, we had as our president a Francophile, wine-drinking Catholic—I think Machiavelli is still rotating in his grave after that one, but there we are. The roots of our pro-European stance are very deep indeed.
Paul Masterton (East Renfrewshire) (Con)
Given that the hon. Gentleman’s party exists for the fundamental purpose of trying to remove British citizenship from the people of Wales—something that is of significantly more importance to them than their European identity—is his argument not a bit inconsistent?
Hywel Williams
I can only say, frankly, that my ambition and that of my hon. Friends is to ensure that Wales has an independent future. That may mean that we are reconciled to a British identity as a multiple identity for now, and hon. Members will know all about this—one can allegedly be Welsh and British, which is an argument that I hear from Members on both sides of the House, or Welsh and European, which is our argument. I certainly feel Welsh and European.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
This goes to the crux of the argument. We are talking about our rights as individuals and the identity of individuals. I speak as a Londoner born and bred. I live in Wales and I claim Welsh nationality, and I am also proud of being European, but our rights as individuals are under threat. That is the point we have brought to the Chamber.
Hywel Williams
I thank my hon. Friend for that intervention. I was going to go on to say that this is more than just a matter of self-ascribed identity. It is about the real practical matters of the rights to travel and work—the European rights that have benefited people in Wales and throughout the UK. There is an argument about identity, and I will talk about that in a moment, but I do not think that it has the force that the hon. Member for East Renfrewshire (Paul Masterton) seemed to imply.
I was talking about Gwynfor Evans, who would often remind us of three pillars of Owain Glyndŵr’s policy during the 15th-century war of independence, as related to the King of France in the Pennal letter, which some people will have seen when it was on a visit to Aberystwyth some years ago. He said to the King of France that one of the central pillars was the need for a direct relationship with Rome for the Church in Wales—it was a very long time ago, and that was important then. It was about a direct relationship with the overarching European institution, rather than an indirect link mediated through Canterbury—some people will hear the echoes of the current situation in that policy.
By the way, the other two pillars of Glyndŵr’s policy were for Welsh to be the state language and for two universities to be established at a time when they were first being established across Europe by ambitious leaders. Some 600 years later, we have excellent universities in Wales. We are nearly there on the language issue, but on the European issue we are taking a serious step back.
From the start, my party took inspiration from continental developments of economic and social co-operation, as exemplified in the writings of D. J. Davies. We found European multilingualism far more congenial than the stifling monolingualism of so much of the UK’s public life. I say in passing that right hon. and hon. Members may not know that the most recent meeting of the Welsh Grand Committee was held here in Westminster with simultaneous translation. Half those who spoke did so partly or wholly in Welsh. No one was hurt. Revolution did not break out. Hansard published what I think is its very first wholly bilingual record—I should mention that the Under-Secretary of State for Wales, the hon. Member for Pudsey (Stuart Andrew) spoke in Welsh, and I congratulate him sincerely on his efforts—but that reflection of the actual linguistic condition common in these islands is still very much the remarked-upon exception, rather than the rule. That is not so over much of the rest of our continent.
Turning to present times, given our radical political stance, Plaid Cymru has always supported the growth and development of European policies beyond the narrow confines of the common market, which we initially joined. Ordinary people across the UK have derived so much benefit from those social, workforce and environmental policies, and EU citizenship is, for me, in that category. Importantly for our country, the EU has an overt regional economic cohesion policy, from which Wales has derived substantial additional funding. Of course, it is a cruel irony that we benefit thus only because of our poverty and our economy performing so badly, on a par with regions of the former Soviet bloc at the eastern end of the European Union.
In passing, I must also refer to other EU measures such as Interreg Europe, which promotes inter-regional contact between Wales and Ireland. Wales faces west as well as east, although many people, including Government Ministers, sometimes do not realise that. My colleague, the hon. Member for Ynys Môn (Albert Owen), used to say occasionally that Holyhead was east Dublin rather than north-west Anglesey. We have also benefited from the Horizon 2020 research and innovation programme and the Erasmus programme on student exchange, to name just three from which Wales along with other parts of the UK has benefited, and in respect of which, I say to the Minister, there is much concern, not least at our universities, and I mention my own, Bangor University.
Nick Thomas-Symonds (Torfaen) (Lab)
While the hon. Gentleman is on that subject, does he agree that it would be useful if the Government made an estimate of the amount of money that would have come to Wales from the European regional development fund and the European social fund in the 2021-27 tranche and promised that Wales will still receive the same amount of money or more?
Hywel Williams
I agree entirely with the hon. Gentleman. As with so many things Welsh, we lack the basic statistical information and the basic projections. I know that the Government do not believe in experts, projections and forecasts, but I sometimes wonder on what they do depend. In Rome, they depended on examining the entrails of sacrificed animals—I do not know whether that is what they get up to—but he makes a serious point: if we knew what we were dealing with, we could make the argument more effectively.
Jonathan Edwards
I am glad that my hon. Friend mentions Erasmus and Horizon, two schemes whereby the Welsh Government could act bilaterally with the EU. Does he share my concern, arising from my discussions with colleagues in Brussels, that the Scottish Government seem far in advance of the Welsh Government in negotiating with the EU how those schemes could be continued in our respective nations?
Hywel Williams
That is a very good point. We have examined the bilateral agreements that other countries have with the EU. The Brexit Select Committee, of which I am a member, recently had the Swiss ambassador to the EU and Swiss experts before it discussing these bilateral agreements, and they are extremely useful for Switzerland; they are less useful, apparently, in the eyes of the EU, but my hon. Friend’s point is that other devolved Governments and Administrations have taken these matters further. I sincerely wish that our own Government would do the same.
I am drifting a little from the central question, which is the matter of European citizenship, to which I will now return. Many people listening will be thinking, “Didn’t Wales vote to leave the EU—if by a narrow margin?” Like many hon. Members, I continue to receive angry messages from Brexit supporters. The only one repeatable here is: “We’re leaving—get on with it.” I have a vast collection of others that are slightly less polite. We are indeed leaving—unless, of course, there is a sudden outbreak of common sense on the Government Benches—but it is not as simple as that. We are learning—even the Secretary of State for International Trade, who famously said that negotiating new trade deals with the EU would be the simplest thing in the world, is learning—to our cost that it is not that simple, and today’s motion is just one part of our efforts to salvage something from the wreckage of this slow-motion disaster.
For the benefit of my Brexiteering interlocutors, and as a Back-Bench MP responsible to my Arfon constituents, I want to note that all four Plaid Cymru constituencies voted to remain. This is in marked contrast to other Welsh constituencies that share our socioeconomic characteristics—marginalisation, poverty, powerlessness and low wages—but which are represented in this place by parties whose policies on the EU are, at best, a little less clear. Being broadly in favour of the EU, even in our present poor economic condition, is my Arfon constituents’ consistent view, as I will illustrate with a couple of points. First, in the 2015 general election, at the peak of UKIP support, 39 of Wales’ 40 constituencies swung to UKIP—the exception was Arfon, which swung to Plaid Cymru; and secondly, Arfon, I am proud to say, voted in the referendum to remain in the EU by a margin of 60:40.
We have valued our membership of the EU, including the economic support it has given us, and one aspect of this is valuing our European citizenship. The Welsh philosopher J. R. Jones, writing in the early 1960s and commenting on the then apparent terminal decline of the Welsh language, said something like this—I paraphrase in English for the benefit of the House:
“Leaving your country is a common and sometimes sad experience. But I know of something which is much more heart rending, for you could always return to your native land. And that is, not that you are leaving your country, but rather that your country is leaving you, being finally drawn away into the hands of another people, of another culture.”
J. R. Jones and many others inspired the next generation, including me, to campaign for the language, and as a result it is not threatened with extinction, for now at least. His insight is particularly telling today, in that for many, particularly of the younger generation, leaving the EU is just such a heart-rending experience.
Christine Jardine (Edinburgh West) (LD)
I found that quote particularly moving, having found in my constituency and, indeed, my own family, young people who know nothing more than being part of the EU. We are taking their identity away from them and, indeed, from ourselves, because for 40 years we have known nothing else than being proud Europeans.
Hywel Williams
That is exactly the point I intend to make.
Many young people told me after the referendum that the result had been a profound emotional shock, an assault on the very foundations of their personal identities as Europeans, one telling me that she had been in floods of tears. They told me how they regretted losing key practical rights—this is not just an emotional identity matter—such as the right to travel without hindrance within the EU and the unqualified right to work and to study in other European countries. Today the UK Government have an opportunity to heal some of these divisions—intergenerational divisions and divisions between all peoples of these islands, particularly, as we have heard, in Ireland.
Liz Saville Roberts
I am sure that my hon. Friend shares my concern that many of these young people now coming of age, who will be most directly affected by our leaving the EU, had no say whatsoever. From year to year, this situation is worsening.
Hywel Williams
My hon. Friend makes a telling point to which I will return in a moment and which is covered by the two aspects of citizenship that we are proposing. The first concerns continuing citizenship for those of us who are citizens of the EU now by means of a bilateral treaty. The second concerns those who, being unborn, cannot access that citizenship—this is a matter for our children and our children’s children. Particularly acute, however, for me at least, is the position of those aged 14, 15 and 16 who understood the issues in the referendum but were unable to vote. I should say in passing that my party has always been in favour of reducing the voting age to 16, which would have made a considerable difference to the result.
As I said, today the UK Government have an opportunity to heal some of these divisions. This is a positive point from the Plaid Cymru Benches, and I hope that the Government see it in that light. We are calling on them to secure and retain our right to European citizenship and not to take away what is already rightfully ours, so that we might leave the EU with just a little less self-inflicted injury.
We are European citizens, although I have to confess that I am biased: I am married to a European citizen—she is from Llanelli. She likewise is married to a European citizen—I am from Pwllheli. I do not want to labour the point, but we are both Welsh and European. I am therefore biased, and, as my hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts) said, so are our many friends and colleagues who have chosen to live and work in Wales and become Welsh, but not by rejecting their European citizenship or identity. To quote Gwynfor Evans again:
“Anyone can be Welsh, so long as you are prepared to take the consequences.”
That is our definition of citizenship. The citizens of Wales are those who are committed. I would commend that as a general definition of civic identity—I suppose I should say “civic nationalism”, but perhaps I should let that pass.
Joanna Cherry (Edinburgh South West) (SNP)
I congratulate the hon. Gentleman and his Plaid Cymru colleagues on securing this debate and I am very much looking forward to giving the Scottish National party’s fraternal address to their conference in a couple of weeks. Does he agree that the Welsh nationalism that he and his colleagues espouse is very much like Scottish nationalism, in that it is outward looking and internationalist, and that all that our parties want is for our countries to be nation states with a seat at the top table in the EU, wielding the kind of power that the Republic of Ireland is currently wielding?
Hywel Williams
I agree entirely. As I said, my definition of identity, be it Welsh, English, Scottish, Northern Irish or whatever, is that it is self-ascribed—it is something that someone claims. That is why my party has such members as my hon. Friend the Member for Dwyfor Meirionnydd, who comes from London—born in Eltham, I think—but is entirely Welsh and Welsh speaking. That is probably a consequence of marrying someone from Blaenau Ffestiniog, where no quarter is given or expected, but the point is that we have people in our party who come from all over the world, and long may that remain the case—we have no exclusive definition.
As I have said, Gwynfor said, a very long time ago:
“Anyone can be Welsh, so long as you are prepared to take the consequences.”
Those consequences, for us as European citizens, are that we have wide rights to travel, live work and study anywhere in the EU. European citizenship also gives us rights under EU law in respect of health, education, work, and social security, as well as the right to be free of discrimination based on nationality—which, I think, is relevant to what was said by my hon. Friend the Member for Dwyfor Meirionnydd. The assumption so far on both sides, the EU and the Government, is that EU citizenship will lapse at the point of our exit from the European Union. However, EU citizenship did not replace UK citizenship when it came into force. It is additional: the two continue to co-exist, and leaving the EU does not entail the end of EU citizenship for UK citizens.
Unfortunately, the Government, by default, are intent on taking away something that is of significant value to the people of these islands. They should not do so. In fact, they should make the retention of EU citizenship an important central plank of future negotiations. It is something that we can ask—demand—of the European Union; it is something that it is in its power to give, and something that would be valued by our citizens. It would benefit us all, not least by establishing a common status for all EU citizens who live here, including those with Irish heritage and the 3 million or so people who have moved here from EU member states. It would establish a level playing field.
There was a glimmer of hope last year when, on 2 November, Bloomberg reported the Secretary of State for Exiting the European Union as saying that the UK was—in the words of its headline—
“Open to Talking About Associate Citizenship After Brexit”
—which came as a surprise to some people—
and that that would allow “visa-free working rights” to UK nationals. The Secretary of State said:
“We’ll listen to anything of this nature. The aim of this exercise is to be good for Europe, good for Britain, and that means good for the citizens of Europe and Britain.”
I also note that the Prime Minister said in her statement on Monday that
“UK and EU citizens will still want to work and study in each other’s countries, and we are open to discussions about how to maintain the links between our people.”—[Official Report, 5 March 2018; Vol. 637, c. 26.]
Perhaps I am over-interpreting, but that seems to me to be potentially code for associated citizenship. We shall see how things develop, but for me it had the flavour of a “get out of jail free” card.
Today I am arguing for maintaining the status quo. We are European citizens and will continue to be so, but obviously I urge the Secretary of State and the Prime Minister even now to pursue their less ambitious line further. For those who ask for a precedent for EU citizenship—and some have asked me for one—I point to the situation when Ireland became a free state. The UK allowed Irish citizens to retain their UK citizenship then, and indeed, as Brexit problems and contradictions have closed in, the Government—from the Prime Minister down—have been lavish in their praise for the arrangements between the Irish Republic and the UK. That is a model of which they approve.
Earlier, I mentioned people of Irish heritage. It is little remarked upon, but those with a qualifying link with any part of the entire island of Ireland through either family or residence—even a short residence in Northern Ireland—can apply for an Irish passport. That applies to millions of British people, including my neighbour Miss Norah Davies, whose passport application I was happy to sign some weeks ago. Her passport has now arrived, much to her satisfaction. I caution Ministers not to tangle with angry older citizens; they do so at their peril. Norah Davies’s link with Ireland through her mother reaches back to the first part of the last century. My link, alas, petered out two generations before hers, and I therefore do not qualify.
Mr Gregory Campbell (East Londonderry) (DUP)
There is a little-known anomaly which I and others have been trying to address, and to which the hon. Gentleman alluded inadvertently a moment ago. When the Irish Republic, or the Irish free state as it was then, left the Commonwealth in 1949, the British Government of the time allowed those who had been born in the Republic and had moved to Northern Ireland or elsewhere in the UK to retain their British citizenship. Nowadays, those who were born in the Republic and live in Northern Ireland cannot obtain British passports, although people who have never been to the Republic can obtain Irish passports. In terms of UK citizenship, those people are still somewhat disadvantaged. I appreciate that the hon. Gentleman is talking about EU citizenship, but given his allusion, does he agree that that needs to be addressed?
Hywel Williams
I must confess that I was entirely unaware of the issue that the hon. Gentleman has raised. If that is indeed the case, I think that it bears more examination, and I should be interested to discuss it with him further.
I was talking about Irish citizens and those of Irish extraction. There is a certain serendipity in the fact that UK-Irish citizens have those rights on the basis of one grandparent while the rest of us do not. There will be people like me with British citizenship, people of Irish extraction with Irish citizenship, Irish people with Irish citizenship who live, work and vote here, and EU citizens with a certain status, whatever that may be. There is a certain randomness about the whole arrangement, which would in some respects be addressed by an overarching European citizenship. I fear that that serendipity will inevitably become more pressing when those with the favoured passports join the short queue at holiday airports while their less fortunate neighbours wait in the “others” line. It will have hit us a bit harder by then.
The Government say that they want a close relationship with our EU partners. That is their ambition, cited over and over again. They now have a practical opportunity to support that relationship through continuation citizenship for current British EU citizens, and, for all those who will not be EU citizens at the point of our leaving—that is, the unborn—a future status through associate EU citizenship.
So far the debate has been dominated by trade issues, the divorce bill and the Irish border—those are the issues with which we have been grappling for many months—but many Brexit promises before the referendum had an individualistic quality. People felt that they were being promised something individually. We would be richer and have better services, not least through having an extra £350 million every week to spend on the NHS. Promises such as that persuaded people, along with, of course, the immigration issue.
Liz Saville Roberts
We were also promised that we would be freer, with all the implications of independence. We are having to discuss this issue today because we must face the fact that we are unlikely to be so free.
Hywel Williams
The paradox has not escaped me.
Here is a chance for the Government to redeem themselves partially by securing for all UK individuals in the future that which they already have: UK and European citizenship. That would be popular. According to research findings published last year by the LSE and Opinium, six out of 10 people want to keep their EU citizenship. Support for retaining rights is particularly strong among 18 to 24-year-olds, 85% of whom want to retain their EU citizenship. They are the generation, more than any other, that will have to deal with the long-term fallout from Brexit over the coming decades, and to deal practically and emotionally with the loss of their firm expectation of continuing EU citizenship. Many members of that generation did not have a vote in the referendum, although they will be profoundly affected by its consequences—unless, of course, the Government take heed of our argument today. Thankfully, it is not my responsibility to drum up support for the Conservatives, but were the Government just to look to their own enlightened self-interest, they would see that at least one path is clear from the debate. If they will not do so, can we at least expect the Labour party to see where its interest lies, to support the motion, and to protect our people’s rights?
I am advised by wiser heads that there would be no new treaty requirements, so now is the time for the Government to give a clear and practical sign that they are taking UK citizens’ rights seriously—not by withdrawing our rights without our explicit consent, but by securing European Union citizenship for all, not just the random few. What is needed now, and what is currently lacking, is vision and clear political leadership to mend some of the divisions that Brexit has opened up. In the Prime Minister’s own words last Monday,
“let us get on with it.”—[Official Report, 5 March 2018; Vol. 637, c. 28.]
The Minister for Immigration (Caroline Nokes)
I thank the hon. Member for Arfon (Hywel Williams) for his typically thoughtful comments, and also congratulate him on having managed to get through his entire speech with a very difficult throat—which I thought improved as time went on.
I welcome this opportunity to debate the Government’s policy on EU citizenship after the UK leaves the European Union. EU citizens in the UK make a significant contribution to our national life and we want them and their families to stay.
From the very beginning, the Prime Minister has been clear that safeguarding the rights of EU citizens living in the UK and UK nationals living in the EU was her first priority for our negotiations. We have now delivered on that commitment and have reached an agreement with our EU partners on citizens’ rights. The agreement was set out as part of a joint report issued on 8 December; it provides the millions of EU and UK citizens living in the UK and the EU respectively with certainty about their future rights, and, most importantly, allows them and their families to carry on their lives broadly as they do now.
The agreement will protect citizens who have been exercising free movement rights at the time of the UK’s withdrawal from the EU. All family members living lawfully with a qualifying citizen at this point are also protected, and close family members can continue to join qualifying citizens on EU law terms after exit. We have agreed with the EU that we will introduce a new settled status scheme under UK law for EU citizens and their family members covered by the agreement. Those who have already had five years of continuous residence in the UK will be eligible to apply for settled status. Others will be able to remain in the UK to build up their five years’ residence.
The scheme, which will open for applications by the end of 2018, is being designed and built from scratch. The application system will be streamlined and user-friendly, and will draw on existing Government data to minimise the burden on applicants to provide evidence. We are engaging with stakeholders who represent EU citizens in the UK, as well as separate diaspora groups in the UK, to discuss and understand their needs for the settlement scheme. I thank those who have already participated and shown willingness to engage, particularly the EU ambassadors who have beaten a path to my door to explain how they can assist. Our next priority is to turn the December agreement into binding legal text for the withdrawal agreement.
Stephen Gethins (North East Fife) (SNP)
I thank the Minister for what she said on EU nationals. However, in common with many other Members, I have had a large number of EU nationals approach me who are worried about certainty. I have the military base of Leuchars in my constituency and those who have German wives, for instance, still do not have certainty. I know the Minister might not be able to answer this today, but please will she look into that, particularly for military families?
Caroline Nokes
The hon. Gentleman raises an important point, particularly for military families, who move around a great deal and for whom it might be harder to demonstrate living in one particular place. We are determined to make sure this scheme has a default position of accepting that people are EU citizens living here, and we want there to be a default “Yes” for settled status, and certainly not a default “No.”
We have been clear that we will seek to agree an implementation period beyond March 2019 of around two years. The purpose of such a period is to give people, business and indeed our own public services in the UK and across the EU the time they need to put in place the new arrangements that will be required to adjust to our future partnership. It will take time to implement a new immigration framework.
Jonathan Edwards
I fear the Minister might have misunderstood the topic for debate. We are aiming to discuss the issue of the European citizenship of UK subjects, as opposed to the rights of EU citizens.
Caroline Nokes
I am going to move on to the points the hon. Member for Arfon made, and perhaps the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) will indulge me by allowing me to get there.
As I was about to say, during the implementation period, which will be time-limited, people will be able to come to the UK to live and work as they do now, and this will be reciprocal, meaning UK nationals will also be able to travel to live and work in the EU.
Last week, the Home Secretary published a position paper setting out that EU citizens arriving during the implementation period should be able to work towards settlement in the UK. People arriving during this period should not have the same expectations as those who arrived during our membership of the EU, but it is right that we set out the rules that will apply to these individuals when this period ends, to provide them with the certainty they need. These rights will be enforceable in UK law, and we will not seek to include them in the withdrawal agreement; however, we will discuss this with the Commission in the coming weeks.
Turning more broadly to the question of EU citizenship, the Government have been clear that our membership of the EU will end on 29 March 2019. We are content to listen to proposals from the EU on associate citizenship for UK nationals. However, to date this has not been formally proposed to the UK in the negotiations. EU treaty provisions state that only citizens of EU member states are able to hold EU citizenship. Therefore, when the UK ceases to be a member of the European Union, UK nationals will no longer hold EU citizenship unless they hold dual nationality with another member state.
Liz Saville Roberts
Does the right hon. Lady not agree that we are talking about an interpretation of the law as it stands and a matter of political will? We would be begging the Government to bring this matter, as the right of individual citizens of the United Kingdom, into negotiations as we move forward with Brexit?
Caroline Nokes
As I said just a moment ago, the Government position is that we are very happy to discuss this specific issue, but we must do so reflecting on the law as it currently stands, and the position in law is very clear: once we have left the EU, citizens living here will no longer be resident in an EU member state.
The Prime Minister has been clear, and she reinforced this message in her speech on Friday, that we are seeking the broadest and deepest possible future partnership with the EU, and that a key part of that is maintaining the links between our people. We are clear that, as we leave the EU, free movement of people will come to an end and we will control the number of people who come to live in our country, but UK citizens will still want to work and study in EU countries, just as EU citizens will want to do the same here, which is why the Prime Minister is putting the interests of EU and UK citizens at the heart of her approach, and we are open to discussing how to facilitate these valuable links.
Nick Thomas-Symonds (Torfaen) (Lab)
First, may I put on record my thanks to the hon. Member for Arfon (Hywel Williams) for the considered way in which he opened the debate? I also wish him a speedy recovery from the heavy cold he has been suffering from, and congratulate him on getting to the end of his speech.
I listened carefully to what the Minister said, but I am afraid that the weakness at the heart of the Government’s position—whether on EU citizenship in the future, the rights of EU citizens in this country, or indeed immigration more generally—is the failure of the Government to bring proposed legislation before this House. I start with the immigration Bill which was originally scheduled to be published last summer. The Home Secretary said last October to the House and the Home Affairs Committee that there would be an immigration White Paper by the end of last year and a Bill early this year. The then immigration Minister—not the right hon. Lady, but her predecessor the right hon. Member for Great Yarmouth (Brandon Lewis)—told the Committee in November that a White Paper would be produced soon. The right hon. Lady told this House on 5 February that there would be a White Paper
“when the time is right”.—[Official Report, 5 February 2018; Vol. 635, c. 1211.]
She then said on 26 February that there would be a White Paper in due course. That is simply not good enough to deal with an issue of this seriousness.
Words are very important, not just the various contorted phrases the Government have used to justify their inaction, but also remarks made about the status of our existing EU citizens, and the reported comments of the International Trade Secretary that the
“uncertain status of EU nationals living in the UK is ‘one of our main cards’ in the Brexit negotiations.”
That is a matter of great regret.
Mark Tami (Alyn and Deeside) (Lab)
Does my hon. Friend agree that many companies rely on their employees travelling, often at very short notice? I am thinking of Airbus—a certain number of people from this country will just hop on a plane to Toulouse or Bremen to finish the work if a wing is not finished. Things like that need to be considered owing to the potential effect on future investment choices that such companies will make.
Nick Thomas-Symonds
My hon. Friend is absolutely right. It comes as no surprise that the deputy director general of the CBI, no less, has said of this Tory Government that he is “hugely frustrated” by their lack of progress on an immigration Bill.
EU citizens are our friends, our colleagues and our neighbours. They are people on whose doors we knocked in the general election last year. When people are making a positive contribution to our economy, our national health service, which already has issues with recruitment, social care, our universities and other sectors, the Government’s continuing failure to legislate only highlights the fact that they could have done so much unilaterally a long time ago. The Minister referred to the phase 1 agreement, which I have in front of me, and the continuing uncertainty mentioned by the hon. Member for Arfon remains an issue. Paragraph 34 of the agreement is clear:
“Both Parties agree that the Withdrawal Agreement should provide for the legal effects of the citizens’ rights Part both in the UK and in the Union. UK domestic legislation should also be enacted to this effect.”
Where is the legislation? It should be brought forward as soon as possible.
We now know that nothing will be agreed in the negotiations until everything is agreed. We also know, because the Immigration Minister told the House a few weeks ago, that the Migration Advisory Committee has been asked
“to advise on the economic aspects of the UK’s exit”
by September, and I see that the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), is nodding. The Immigration Minister then said that there was
“plenty of time to take account of the MAC’s recommendations in designing the longer-term immigration system for the UK.”—[Official Report, 5 February 2018; Vol. 635, c. 1212.]
She says “plenty of time” but this is a two-year Parliament, and she has until March 2019 to get legislation on the statute book. Time is of the essence. If I take the Minister at her word that we will have the legislation when the time is right, may I gently suggest that that time might be now? She attends the Cabinet in her role as Immigration Minister, and she needs to persuade the Cabinet to give her the time to bring the legislation before this House. While it is my view and that of the Opposition that the status of EU nationals in this country should have been dealt with unilaterally a long time ago, not left subject to negotiation in this way—nor should there ever have been the reported comments of the International Trade Secretary that people be used as bargaining chips—the Minister could act now, and act she should.
I welcome the contribution from the hon. Member for Arfon, and the Minister said that it would be considered, and we must be careful about not excluding options from the table as we go forward. None the less, I suggest to the Minister, as she tries to put together the whole gamut of immigration policy for this country post-Brexit, that in order to achieve a fair, managed and efficient policy she must look at this country’s economic needs and work with business and the trade unions.
Jonathan Edwards
I am grateful to the hon. Gentleman for giving way, and I congratulate him on his speech. However, would it be Labour party policy to support our proposal for associate citizenship?
Nick Thomas-Symonds
I have just said that we should not take any options off the table. I always welcome contributions from the hon. Gentleman, and I look forward to the Government’s response—[Interruption.] I will certainly give the hon. Member for Horsham (Jeremy Quin) my position on a number of matters in a moment, but let me make another point first.
Perhaps the Tory party could repair its relationship with the CBI if it properly consulted business and the unions about our future immigration system. It could end the years of exploitation of migrant workers, which it has done so little about, increase the number of prosecutions for breaches of the National Minimum Wage Act 1998, which have been going on for far too long, reinstate the migrant impact fund, remove international students from the statistics and, perhaps above all, move away from this obsession with bogus immigration targets. The Tories have never achieved their numerical target, despite having promised it over three general elections.
Liz Saville Roberts
I have much sympathy with what the hon. Gentleman has to say, but it does not relate to the motion, which is about the future rights of UK citizens. There is an interesting discussion to be had about the rights of EU citizens coming into the UK, but that is for another debate.
Nick Thomas-Symonds
I have responded to the point made from the hon. Member for Arfon about that. I appreciate the narrow point about UK citizens going forward, but this is a broad debate and I am sure that the hon. Lady would not want to lose the opportunity to put such matters to the Minister, as I am seeking to do.
I conclude by saying that an unconditional commitment on the rights of EU citizens in this country could have been made already. It can still be offered, and the Government should move away from their obsession with numbers and restore confidence in our immigration system.
Matt Warman (Boston and Skegness) (Con)
It is a pleasure to be called so early in this debate and to be given a window into the world of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). It is a privilege, and I am enjoying it very much. The hon. Member for Arfon (Hywel Williams) opened this debate by saying that his party has been shaped by the issue of Europe, and I say to him that it takes one to know one. The Conservative party has also been shaped by Europe, and my constituency has perhaps been shaped to a greater extent by Europe than almost any other.
I was pleased to hear the hon. Gentleman focus not on EU citizens’ rights in this country, but on the reciprocal rights for UK citizens. However, I am afraid that I will disappoint him to some extent, as others have, by focusing on the rights of EU citizens, although not entirely, because it is only fair to rebut some of what has been said recently. The Government brought in the Modern Slavery Act 2015 to combat some of the issues that have just been talked about, and we brought in the controlling migration fund at triple the level of the migration impact fund that was praised by the hon. Member for Torfaen (Nick Thomas-Symonds). We should therefore not be ashamed of what we have achieved for the rights of migrant workers.
I should acknowledge the thoughtful issues of identity that the hon. Member for Arfon opened the debate with, because although my constituency may indeed have voted to leave the European Union more resoundingly than any other, it has to some extent been shaped by citizens of the European Union perhaps more than anywhere else. We have streets in Boston that are populated with shops that would otherwise be empty and are entirely focused on our new eastern European communities. That means that we are uniquely attuned to the issues of identity that the hon. Gentleman mentioned.
Let us think about why a constituency like mine voted so strongly. It was not a rejection of those EU rights nor of EU citizens as individuals. I do not wish to re-run the referendum again—not least because I was on a different side from my constituents—but it was not a rejection of those individuals. It was a rejection of a migration policy that had not worked for a constituency such as mine and of an approach that had been taken, in the minds of many of my constituents, by Brussels over many years that did not reflect the best interests of the United Kingdom as a whole.
When the hon. Gentleman talks about identity, I hope he bears it in mind that far more of my constituents have married into the communities that have arrived than is the case elsewhere. They have often formed relationships and have children in school—schools where pupils have one parent from England and one from a European Union country. That sense of identity is uniquely altered by the migration policy he talks about, and it means that my constituents have, if not a unique, perhaps a greater desire than others to be able to visit Poland, Latvia, Lithuania and all those countries with which we benefit from reciprocal rights.
None of my voters voted for British driving licences to no longer be valid on the continent or for us no longer to have the reciprocal rights we have enjoyed for so long. We, as a country, have had a full and blossoming relationship with Europe, and we would all acknowledge it is in the interests of both Europe and the UK to secure many of those things for the future. We should pay tribute to the negotiating position the Prime Minister set out last week in a pragmatic, sensible bid to try to secure some of the rights that the hon. Gentleman talked about.
We should also acknowledge that people voted in the referendum for a different set of circumstances after we leave, which inevitably means that we have to consider what those differences might look like. The Minister is right to say that the starting point has to be that we will no longer have precisely those rights in law when we leave. It is in tune with the Prime Minister’s pragmatic approach to say that we have to acknowledge that that is the case, and we have to ensure that we get the best possible outcome at the end of these negotiations.
Mr Gregory Campbell
The hon. Gentleman talks about people’s view that there would be changed circumstances. Given the votes in a plethora of nation states within the EU, not least in Italy at the weekend, who knows what changes will come in the very institution we are talking about? Does he agree that in future the EU might not be as people envisage it at the moment?
Matt Warman
The hon. Gentleman is absolutely right to say that this is a moveable feast on the other side of the channel, and we should bear that in mind.
Jonathan Edwards
The hon. Gentleman raises a point made by the Minister, on whom I wished to intervene. He will be aware of the Vienna convention on the law of treaties and that, under that legal ruling, citizens’ rights may not be lost. Surely that is the legal precedent we should be following.
Matt Warman
The hon. Gentleman uses the word “may,” and we should be looking at what the options are and at what the precedents may be. The Minister is right to say that we will no longer be members when we leave, and therefore we will no longer have the rights we currently have. The hon. Gentleman may pray in aid precedents that suggest something else, and we may be able to rely on some of those precedents in due course. We should not prejudge any of that, and we have to be pragmatic in where we start.
It is also worth bearing it in mind that people across my constituency and across the country voted for precisely those kinds of differences. They voted for the Government to negotiate a new relationship with Europe, which is precisely what we are doing.
One aspect of the motion on which the hon. Member for Arfon did not particularly dwell is single market access, which defines a huge part of our relationship with the EU. This is not a fault that he committed, but it is a frustrating and patronising element of some aspects of this debate to say that people did not know what they were voting for when they voted in the referendum. My constituents were very clear that they were voting to leave the single market because they were voting to strike our own trade deals with other countries across the world and to open up new opportunities. We should not allow ourselves to pretend there was not a full and frank debate about what leaving the European Union might mean before people went into the polling booths.
A crucial part of the motion implies there are not the opportunities outside the EU that people voted for. The hon. Gentleman frames it as though all we will be doing is losing rights when we leave the European Union. We should, of course, bear it in mind that there will be a different relationship, but there are opportunities out there, too. Part of the Prime Minister’s positive approach is to say that there are opportunities that we must seize and that there is another side to the coin—that not everyone can have every single thing they might wish for.
The hon. Gentleman proposed that we could stay in the single market and retain all our rights as they are today. My response to him is that he should not be wilfully blind to the opportunities. I think we will get a good deal with the European Union that allows us to retain many of the benefits we see today, but we will also have access to a wider world out there in a very different way. That is not to say that it will all be a bed of roses and that it will be the easiest thing we could ever do, but he should acknowledge the other side of the coin.
Hywel Williams
I am an optimist by nature, but how does the hon. Gentleman respond to the observation last week that we are exchanging a three-course meal for the promise of a bag of crisps?
Matt Warman
I do not want to say that we can have our cake and eat it, but we can have a three-course meal and a bag of crisps. It is always tempting for one side of the argument to say it will all be brilliant and for the other side of the argument to say it will all be terrible. The reality is that, neither at this time of day nor at any other, I do not much fancy a three-course meal and a bag of crisps at the same moment, but there is a compromise somewhere in the middle, which is what we will be seeking.
Whether we represent constituencies such as mine or constituencies with far lower levels of migration, we have all heard the huge concern among EU citizens living in this country about what their status might be. We should accept it is the genuine and proven intention of the Prime Minister to seek to provide reassurance as soon as possible in the debate, but we should also bear it in mind—I am grateful to the hon. Gentleman for not doing this at he opened the debate—that the more we talk about those concerns, the more we fall into the trap of whipping up those concerns and the more we worry people who should not be worried. It is not only unfair on them, but it is irresponsible of us if we do that.
A number of constituents have come to tell me they are concerned both that they might not be able to travel as easily to the home country of their boyfriend or girlfriend, or that they may not be able to stay in this country. I have been pleased to be able to provide them with some reassurance, but I have not had tens of thousands of people coming to me to make that point because I have not stirred up such feelings. I am pleased the hon. Gentleman did not do so in his speech, although not so pleased that I will be supporting the motion today.
This has been a uniquely thoughtful debate, notwithstanding my own contribution, and it is a pleasure to be part of a debate on Brexit that is not as high octane and unhelpful as some we have seen, and that has not produced more heat than light. Perhaps this sets a precedent for how we might continue the negotiations.
Stephen Gethins (North East Fife) (SNP)
I, too, thank the hon. Member for Arfon (Hywel Williams) for opening the debate. The hon. Member for Boston and Skegness (Matt Warman) and I may not agree on everything, but he makes a good point about trying to have a thoughtful debate, which is what we are having today. I thank him for his contribution, and I particularly thank Plaid Cymru for giving us the opportunity to discuss this subject.
As a number of Members have argued, the importance of EU nationals to the UK should not and cannot be overestimated in terms of their financial contribution and, more important, how they enrich our society by being here. I want to live in a society that is made more diverse and enriched by their presence, as is the case in my constituency and others.
Today’s debate is particularly helpful because it gives us the opportunity to discuss our own EU citizenship, which we continue to enjoy for the time being. I hope that the Government will give consideration to the idea of associate citizenship suggested by the hon. Member for Arfon, because the benefits of EU membership work both ways—a point that was often lost during the referendum campaign. We look set to lose the huge range of benefits we receive as EU citizens, and nothing the UK Government have said in this debate or others reassures me that they are on top of plugging the gap that will necessarily appear if we are taken out of the European Union.
I have benefited personally from freedom of movement. I was able to work elsewhere in the European Union and receive the benefits of healthcare. I studied there and took part in the Erasmus scheme because of my European citizenship. If I felt ill when I was living in Belgium, I could use the hospitals—there was absolutely no question about or problem with that—and anybody who visited me had exactly the same rights. I feel every inch a European in my identity. I know that identity is not the main driver of this debate, but we should think about it. Even more than that, however, I value my European citizenship.
As I reflect on my own personal experience, one thing that depresses me about where we are going is that by the end of this Parliament, perhaps uniquely, young people will have fewer opportunities and fewer rights than those of us who sit in this Parliament have enjoyed. We should all reflect on that. Regardless of who is in government and which parties make up this place, it should be—indeed, I think it is—the aspiration of all of us that at the end of any Parliament, young people should have more and better opportunities than those who went before them. That should always be our goal, but through the removal of EU citizenship, we will be taking a backward step. Young people will have fewer opportunities. Retaining citizenship would help. I do not think it would plug the gap entirely, but it would help.
The Minister said that she was waiting for the European Union to come up with some ideas about associate EU citizenship, but the European Union did not get us into this mess in the first place; the UK Government did. The fact that, almost two years on, they are still waiting for the EU to come up with solutions tells us a great deal about the state of affairs in the UK Government. It is incumbent on them to look at our problems and meet the challenges. Members are suggesting plenty of ideas—I do not agree with all of them, and neither will everyone else—and the Government should do more than adopt a wait-and-see policy almost two years on from the referendum.
Gently and in a comradely spirit, I urge the Labour party to do the same, especially on issues such as associate membership. I agreed with much of what the shadow spokesperson, the hon. Member for Torfaen (Nick Thomas-Symonds), said, but I encourage him to look a little more deeply into that issue, because we should be addressing it in this Parliament.
There are a lot of gaps to be filled. It strikes me—I have made this point before—that it is not entirely the Government’s fault. Vote Leave campaigned on a blank piece of paper, as has been said a number of times in this Chamber. That is why we still have so many gaps. It is the responsibility of this place to fill some of those gaps, working with our colleagues in the devolved Administrations and local authorities and with other stakeholders. It was an act of gross irresponsibility by Vote Leave not even to bother having a manifesto or a White Paper, which means that we have to fill in the gaps.
In his thoughtful speech, the hon. Member for Boston and Skegness referenced the single market. Vote Leave and the leavers should have been very clear that we would be leaving the single market. They were not. It is possible—I direct this as much to those on the Labour Front Bench as to those on the Government Front Bench—to leave the European Union and remain in the single market. That is a fact—end of story. That is something that we can do. It is quite depressing that many of us have to keep on saying that. I cannot believe that we have to use up time in the House of Commons to reiterate that fact.
Matt Warman
The hon. Gentleman is factually correct, but the tenor of the campaign that was fought—and I was on the other side of it—was that there would be a clean break with the European Union. In that spirit, does he not think that that means being able to do our own trade deals and leaving the single market?
Stephen Gethins
The hon. Gentleman will not be surprised to learn that I disagree with him. No, that is not what it means. He mentions the Government implementing policy in the spirit of how the campaign was conducted, but we have a very different Government with very different policies after the 2017 general election, which was, in the Prime Minister’s own words, a Brexit general election.
Anna Soubry (Broxtowe) (Con)
It is generous of the hon. Gentleman to give way. Is he aware that in the past few hours Donald Tusk has made it absolutely clear that the choice that this Government now face is whether to stay in the single market and customs union or to have a free trade arrangement? Just 52% voted to leave and I can assure Members that nobody who voted leave in my constituency voted for that, especially given the Government’s own assessment. This must be the first Government ever in the history of our country to admit that, even if we got what the Prime Minister wants, a free trade agreement will make this country less prosperous. Does the hon. Gentleman agree that this is the stuff of madness?
Stephen Gethins
The right hon. Lady makes an excellent point.
The Scottish Government have published their analysis of what will happen if we leave the single market for a free trade deal, and it is striking that reports show that it would have a devastating impact on our economy. It looks like the same is true of the UK Government’s analysis. They must acknowledge that and publish the analysis. At least the Scottish Government have published theirs. If GDP declines, that will be devastating for our public services. I am glad that the Scottish Government have raised taxes very slightly for a minority of the population protect public services, but that is a drop in the ocean compared with what a hit to GDP will mean for our economy, the NHS, education and other public services.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Before the hon. Gentleman gives way, I appreciate that he is illustrating his points, but I hope he will soon return to the point of EU citizens, because this motion is fairly narrow. It is important to bear that in mind. He may now give way.
Stephen Doughty
I note your comments, Madam Deputy Speaker. Key in the motion is the issue of the single market, and the hon. Gentleman knows that I fully support our remaining in it. He will recall that the Brexit Secretary said that we would get the “exact same benefits”, but that is patently not going to be the case. I totally agree with what the hon. Gentleman was saying, as I too have been to see those Treasury papers, and they are clear that we will be worse off in every scenario. That is not the “same benefits”, be they for citizens, for our businesses or for our country.
Stephen Gethins
The hon. Gentleman makes a good point, and it is why today’s debate on associate citizenship is so important and why I am so glad it has been brought forward.
I will talk a little about Scotland’s own experiences—you will be well aware of this, Madam Deputy Speaker. This idea of European citizenship is not a new concept that arose in the 1970s; it is a historical one. It is said that in 1295 Scots looked at the idea of dual citizenship with the French as part of the auld alliance. If we go down the Corridors through to the House of Lords, we see the English Tudor monarchs on the wall, along with the Scots Tudor monarchs, some of whom were French—the Dauphin of France at that time is up on the wall there. If we look at the rights of Scots traders as citizens in places such as Veere in the Netherlands, we see that a former Member of this House, Winnie Ewing, was the honorary conservator of the privileges of the Scottish staple of Veere back in the day. Going back even further, to the letter of Lubeck, we see that the first thing that William Wallace did after the battle of Stirling bridge and Scottish independence was to get back in touch with our European partners, because this idea of citizenship—this idea of working together and that Scotland is a European nation—does not go back just to the 1970s; it goes back many hundreds of years. I will move on from that point, but I encourage Members to read and listen to the works of my constituent Billy Kay, who has been excellent on the impact of the Scottish diaspora elsewhere in Europe.
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
The hon. Gentleman is making a fascinating speech, but he is illustrating the point beautifully that our European identities, whether we are English, Scottish, Welsh or Northern Irish, relate to our relations in Europe, not with the European Union.
Stephen Gethins
As usual, the Minister leads me nicely on to my next point: this is about more than history and identity. I hope that at some point he will be able to tell us how we will replicate these ideas of citizenship and the benefits we have as citizens—our right to study, to work and to travel, our right to healthcare and our human rights that derive from our European citizenship. One Member made the good point about people who work here being able to work elsewhere at short notice. That goes to the heart of European citizenship, and it is why I am so grateful to the Minister, as usual, for intervening on that point.
The value to our economy of European citizenship is crucial. I think of the academics at the University of St Andrews, who can go to work and collaborate with their partners elsewhere in Europe, but it works in both directions: I think of farmers such as the one next door to me, James Orr, who relies on seasonal workers to pick his broccoli, which must still be picked by hand. The Minister for Immigration talked about certainty. I have heard other Ministers say that EU nationals should now feel a sense of certainty in their citizenship, but my postbag tells a different story, as, I suspect, do the postbags of other Members. That is why I raised the point about military families, but we must also keep in mind other EU nationals, who contribute so much, just as UK citizens in other EU countries do.
Neil Gray (Airdrie and Shotts) (SNP)
My hon. Friend is making a very good speech. I visited one of the largest private sector employers in my constituency on Monday, when I heard about its troubles in accessing labour and the problems that have been exacerbated because of this uncertainty, which has led to many EU nationals who previously worked with it to leave the country.
Stephen Gethins
My hon. Friend makes a good point about his constituency experiences, and it has been interesting to hear those from a number of Members.
I noted that Plaid Cymru Members talked about the decline of UKIP. Scotland was always ahead of the game on UKIP, because it never had any success there—I do not believe it ever saved a deposit in a parliamentary election in Scotland. That is why Scotland voted so overwhelmingly to remain part of the EU; it is about our EU citizenship, but it is about so much more than that. I urge the Government to look at these proposals. Interestingly, Greenland, as a part of a European Union member state, left the EU and the other part of the member state remains. I note that when Greenland left, the withdrawal agreement ensured the rights of EU citizens. EU citizenship is built on these links, and it is crucial not only to our economy but to the future of young people. I urge the Government to reconsider, and I thank Plaid Cymru again for bringing this debate to the House.
Ben Lake (Ceredigion) (PC)
Being a citizen of the EU brings tangible benefits, and I want to return the debate to focusing a little on the impact of European citizenship on UK citizens. It allows people from the UK to move easily to mainland Europe and between European countries, be it for work, study or pleasure. Furthermore, when we are in Europe it enables us to enjoy a range of rights on healthcare, education, work and social security. Young people I meet feel particularly strongly about this issue. Given the insecurity clouding the horizons of so many across the UK, it is not surprising that the material freedoms afforded by EU citizenship are held to be so important.
I should mention in passing that it is important to remember that EU citizenship has always been additional to UK citizenship. Never have they been mutually exclusive. For many, EU citizenship and the rights that it entails have become synonymous with opportunity, offering them a chance to broaden their horizons. As has been mentioned, there is no legal reason why a limit must be placed on such opportunity—no reason why UK citizens must be stripped of their rights and freedoms.
Michelle Donelan (Chippenham) (Con)
On the topic of reasons, does the hon. Gentleman not agree that the free movement of labour was a key concern of not only those who voted leave but those who voted remain, like me? Does he not believe that, as elected representatives, it is important for us to represent their views?
Ben Lake
I thank the hon. Lady for her intervention, although I fear that perhaps she mistakes the point I was making. Perhaps I was not clear enough: I am discussing the rights of UK citizens and their ability to travel to Europe to work and to live. The issue is not freedom of movement; I am talking about a system that people would be able to opt into, but that they could also opt out of.
It is entirely possible to pursue associate EU citizenship for UK citizens, and there are ample precedents from which such a scheme could draw. The hon. Member for North East Fife (Stephen Gethins) has just mentioned Greenland, and my hon. Friend the Member for Arfon (Hywel Williams) mentioned the experience in Ireland. Perhaps Members would like to look into the interesting situation of the citizens of some of the Crown dependencies in the Channel Islands, where there is a bespoke and unique relationship. I suppose the point I am making is that it is a matter of political will. When it comes to negotiations, there is a way to ensure that benefits are afforded to everybody equally.
Jeremy Lefroy (Stafford) (Con)
The hon. Gentleman is making a strong case. Currently, young people—indeed, everybody—in the UK can go without a permit to work in 30 other countries: the 27 other EU countries and three of the European economic area countries. After we come out the EU, the number will be zero. A French person of the same age will still be able to go to 29 different countries. What a difference in rights and opportunities that is.
Ben Lake
I am most grateful to the hon. Gentleman for his intervention. He makes an important point about unnecessarily limiting the horizons of UK citizens. That is the point I am trying to make, and I wholeheartedly agree with him.
As I mentioned, this is perhaps not a legal issue but more a question of political will. The will of the public—in particular, their support for such a measure—is quite clear. As my hon. Friend the Member for Arfon mentioned in his opening remarks, according to research led by the London School of Economics and Opinium in July 2017, of those Britons asked, six out of 10 wanted to keep their EU citizenship after Brexit, and they particularly wanted to keep the rights to live, work, study and travel within the EU. Support for the retention of those rights is particularly strong among 18 to 24-year-olds, of whom 85% want to retain their EU citizenship in addition to their British citizenship.
In October 2017, a further report was published by the LSE on youth perspectives and priorities for the Brexit negotiations. Focus groups revealed widespread fear and frustration. Prime among young people’s concerns were questions regarding the loss of their EU benefits, including their ability to gain access to educational programmes, opportunities to work and travel in Europe, and rights that they have once they are there.
Ceredigion, the constituency that I have the honour of serving, was one of the handful of Welsh areas that voted to remain. Indeed, prior to the referendum, Ceredigion was widely reported to be one of the most Europhile counties in the whole United Kingdom. To put it bluntly, my constituency did not support leaving the EU and most certainly did not give any Government a mandate to deny its citizens the rights and freedoms that membership of the EU ensures, or, as the hon. Member for Stafford (Jeremy Lefroy) said, a mandate to limit their horizons and opportunities in comparison with citizens of other European states.
As has been mentioned, the question of the future status of the rights bestowed on UK citizens by EU membership will not disappear; rather, it will grow in both prominence and importance as negotiations progress. A lot has been made of the clarity, or lack thereof, of EU law on the status of the rights of UK citizens after we have left, but I wish to draw attention to international law. European law and its founding treaties may offer a clear interpretation one way, but the reverse is equally clear in international law. If anything, the 1969 Vienna convention on the law of treaties means that it is incumbent on both the UK and the EU to address this matter of future status urgently, for even if article 70(1)(b) of the convention is interpreted in such a way that the withdrawal of a member state from the EU extinguishes the rights of individuals created by the founding treaties, international law would still require that a treaty is agreed on the future status of such rights.
Associate European citizenship is a model that the UK Government could adopt and pursue. As well as affording UK citizens the ability to continue to enjoy the rights and freedoms they currently do, it would safeguard the dormant rights of younger generations, and, perhaps most importantly of all, grant generations yet to be born the same opportunities from which those of us present here today have been able to benefit.
Stephen Doughty
I thank the hon. Gentleman for making such a passionate and eloquent case, which I wholeheartedly support. Like him, I represent a constituency—Cardiff South and Penarth—in which people voted to remain. Does he share the real horror that I have of speaking to young people? We are still relatively young ourselves, but we had those opportunities to go abroad. I lived in Denmark and Belgium and enjoyed all my opportunities, but we now have to go around our constituencies and tell young people that they will have fewer opportunities, fewer rights and fewer prospects than we did even just a few years ago.
David T. C. Davies
I am very grateful to the hon. Gentleman. Is he seriously suggesting that the European Union is likely to ban young people from Britain from travelling in other EU countries? If it was trying to do that, would we not be quite right to walk away from an organisation that was willing to contemplate such an outrageous thing?
Ben Lake
I respectfully thank the hon. Gentleman for his intervention, but I suggest that what the EU may or may not do is not a matter for this House. I do not think that I have cast any aspersions on what the EU might want to do. What I am saying is that it is in the gift of the Government, and this place, to pursue associate European citizenship to ensure that our young people—in fact not just young people but citizens of the UK old and young—can still enjoy the rights that we currently have.
David Linden (Glasgow East) (SNP)
The hon. Gentleman is making a powerful speech. Does he share my concern that a fourth-year student at Lochend High School in Easterhouse should be able to go on to the Erasmus programme in the next year or two, but because of the vague promises that the Prime Minister has made, that opportunity will not be there? It is therefore the UK Government who are taking such opportunities away from the young people in the east of Glasgow.
Ben Lake
I thank the hon. Gentleman, and I agree that the uncertainty is certainly not helpful to anybody. When I speak to a lot of young people, those are precisely the concerns that they raise with me. They do not know what the future holds. At one time, they did know—they were able to plan ahead to do the things that their elder siblings or family members had been able to enjoy. Now they find themselves in the daunting situation of not being able to do so.
My point is that Brexit need not rid UK nationals—young or old—of those rights, and international law is quite clear on that. How UK nationals retain their European citizenship after Brexit is therefore a matter of political will. It is for the Government to propose a model to achieve that, and to negotiate so that it is included in the withdrawal agreement.
Associate citizenship not only presents a possible solution but offers much-needed compromise for an embattled Government and a way to heal the deep divisions that have emerged across the UK. Let me reiterate a point that I made earlier to the hon. Member for Chippenham (Michelle Donelan): this will be a model in which someone could opt in or refuse to opt in—the choice will be theirs. It will be a way to heal divisions. The former Education Secretary, the right hon. Member for Putney (Justine Greening), said that
“if Brexit does not work for young people in our country, in the end it will not be sustainable”.—[Official Report, 17 January 2018; Vol. 634, c. 918.]
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn, Mr Dirprwy Lefarydd. It is an honour to follow my hon. Friend the Member for Ceredigion (Ben Lake), and I thank my hon. Friend the Member for Arfon (Hywel Williams) for his introduction to the debate.
I start by stating the obvious. We are not subjects; we are citizens, and as such we are individuals who consent to the rule of Government. The Government rule in accordance with the will of the citizens. We are citizens and we are individuals, and Brexit has consequences for our lives as individuals whether we voted to leave or to remain. I echo exactly what my hon. Friend the Member for Ceredigion said: surely this debate offers an opportunity to heal divisions within our society and to respect both sides of the referendum vote divide, by respecting individuals and permitting them to choose.
As individuals, we stand to lose our heritage as European citizens—a heritage we might not even have been aware was in our possession, a family treasure forgotten at the back of the display cabinet and about to be discarded in the bitter acrimony of divorce. It is to my surprise that it has taken an Opposition day debate initiated by Plaid Cymru to focus in depth on the wide-reaching implication of the loss we face, and I would like to take the opportunity to thank Professor Volker Roeben and my colleague Jill Evans MEP, who have highlighted both the desirability and the legality of our rights as European citizens, and to thank the thousands who have signed Plaid Cymru’s petition in the past two days.
However—this needs to be emphasised, and we need to use the language of Brexit—Brexit must not mean treating individual citizens as vassals, under obligation to our political masters, who might strip us of our citizenship at their whim. It is worth all of us who are speaking in favour of this proposal emphasising that it is clearly permissible in international law. Citizens’ rights are not the Government’s gift to trade, according to the 1969 Vienna convention on treaties. While an EU member state is democratically free to terminate its EU membership, it cannot extinguish the individual status of citizenship, nor its associated rights, without the consent of the individual.
Is there a precedent for this? We have heard a number of precedents already, and I should like to focus on one. We have lived with it for so long that we possibly do not really appreciate or see its value. Following the creation of Northern Ireland and the Irish Free State—now, of course, the Republic of Ireland—politicians debated the implications of how where people lived affected their rights as citizens. Irish citizens who reside in the UK while still remaining Irish citizens enjoy all the benefits of UK citizenship, including the freedom to take up residence and employment in the UK. Irish citizens can play a full part in UK political life, including voting in parliamentary elections and seeking membership of this House. The Republic of Ireland also offers citizenship to all residents of the island of Ireland, and people who are citizens of the UK are entitled to residency in Ireland without any conditions or restrictions. Unlike citizens of other countries, UK citizens are not subject to Ireland’s Aliens Act 1935. That means that a UK citizen does not need a visa or any form of residence permit or employment permit in Ireland. We are entitled to move to Ireland from any country, and we may move to Ireland to work or to retire.
Joanna Cherry
Is the hon. Lady, like me, visited in her regular constituency surgeries by many people who are currently British citizens who are lucky enough to have an Irish parent and are looking for an MP’s signature on their Irish passport application?
Liz Saville Roberts
I am grateful for that intervention, and I wonder whether the way this operates in Ireland might be a model for an opt-in pattern for us to think about if we take this issue through to the next stage of making practical considerations.
Unlike other EU citizens, UK citizens may retire to Ireland without having to establish whether we have sufficient resources or are in possession of health insurance. In fact, if we are visiting Ireland we do not even need a European health insurance card to get healthcare services—only a passport or some form of identification to prove UK citizenship.
Interestingly, that did not happen without parliamentary debate and intervention 96 years ago, much of it initiated, interestingly, by the Conservatives and Unionists of that time. I quote from Hansard of 26 June 1922, when Colonel John Gretton—Conservative, Burton—asked the Secretary of State for the Colonies
“whether acceptance of the status of a citizen of the Irish Free State, under…Clause 3 of the suggested Constitution for Southern Ireland,”
would deprive
“the person so accepting of his rights as a British subject in Ireland”.
To which Mr Winston Churchill—for it was he—replied:
“The answer is in the negative.”
Mr Gideon Oliphant-Murray, a Unionist MP from Glasgow, pressed the question:
“Is it not a fact that a citizen of a British Dominion is, ipso facto, a British subject?”
To which Mr Churchill replied:
“So will he be in the Irish Free State.”
Mr Oliphant-Murray:
“That is not the case.”
But Mr Churchill was having nothing of it:
“It is the case.”—[Official Report, 26 June 1922; Vol. 155, c. 1663.]
If Winston Churchill felt the need to ensure that individuals should not be stripped of their wished-for citizenship in 1922, surely Conservative Members are honour-bound and loyalty-bound to respect the citizens of 2018 in a similar fashion. All it took was an expression of will on the part of the Conservatives and Unionists of the time and the rights to vote for the Westminster Parliament, as well as the rights of abode and work, were safeguarded. Political will was also brought to bear in relation to Hong Kong, with the British Nationality (Hong Kong) Act 1990 and the subsequent 1997 Act, which allowed non-Chinese ethnic minorities to acquire full British citizenship.
I raise these as examples of political need but also flexibility, initiative and a respect for the individual caught up in the crossfire of state game-playing. This is a matter of political will, indicative of what the Government respect—the simplistic legal interpretation of Brexit zealots, which just so happens to bolster an ideological adherence, or the quiet right of citizens to express their will in accordance with international law. I wonder whether the Government took the opportunity to raise this matter with Guy Verhofstadt when he visited yesterday, and who I note also supports our proposal.
This is not an abstract concept or a nicety of legalese. My daughter Lowri has been able to action her right to live and work in France and Spain without constraint, just as I, somewhat longer ago, was able to action my right to study alongside Irish students in Ireland. I speak for many, many of my constituents when I say that we are proud to exercise our rights as citizens of Wales and citizens of Europe. The state may present its citizens with a referendum and then seek to interpret the frankly uninterpretable result, but it may not strip us of our rights. How our laws are made may change, but that does not give this place the legitimacy to interfere with my children’s rights as autonomous individual citizens. What of those young people who were not of an age to vote in 2016? Who are we to say that they may not have the choice that was tacitly agreed in the newly forged relationship with Ireland back in 1922—the choice to opt into a layered citizenship that reflects their individual choice of identity, as Welsh, Scottish, English, and European?
Anyone with a grasp of the history of Wales will know that our country’s very name in English deliberately implies two things: first, that we are different—foreign. But the root of the word was used by the Anglo-Saxons not only to imply foreign, but to imply Roman associations. Wales’s links with Europe are indivisible from the name imposed on us. Not all of us will recall that we were citizens of Rome 1,600 years ago, but many of us would remain European citizens in the 21st century.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
It is a huge pleasure to speak in this debate. I congratulate my hon. Friend the Member for Arfon (Hywel Williams) on his speech, which opened the debate. He set out the case in his usual forensic style, providing great clarity and detail about what is being proposed. I also thoroughly enjoyed the speeches from the hon. Member for North East Fife (Stephen Gethins), who once again proved why he is one of the superstar performers of this Parliament, my hon. Friend the Member for Ceredigion (Ben Lake), who again showed why he is one of the rising stars of Welsh politics, and my parliamentary leader, my hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts), who spoke with her usual great authority, concentrating on the example following the independence of Ireland at the beginning of the last century. She gave us a fantastic history lesson in her contribution.
On the morning after the referendum, on 24 June 2016, I had been given the honour of being the guest speaker at the graduation ceremony of the local further education college in my county, Coleg Sir Gâr. The ceremony was held at the fabulous Ffos Las racecourse in Carwe, in my constituency. Somewhat bleary-eyed and shellshocked after watching the referendum results in the early hours of the morning, I vividly remember standing up at the podium and looking out at the hundreds of young graduates and their families before me. I dropped my speaking notes and went completely off script. Instead of diving into my speech, to talk about how proud they should be of their achievements and how they should look forward to their future, I apologised to those young people.
My apology was based on being part of the political class that had allowed a set of circumstances that would reduce their life chances and opportunities compared with those that had been available to me and the generations before me—primarily the right to travel, live, work, receive healthcare and reside in any other part of the European Union, among other rights. We have had powerful contributions from several Members, and that is the crux of what we are trying to grapple with today.
Peter Grant (Glenrothes) (SNP)
I am grateful to the hon. Gentleman for giving way, and I apologise to his colleagues that I missed the start of the debate. The reason was that, like the hon. Member for Stafford (Jeremy Lefroy), who spoke a few minutes ago, I am a member of the Select Committee on Exiting the European Union, and some of us had the privilege of meeting a delegation from the Parliament of Slovakia who are in Westminster.
Mr Deputy Speaker (Sir Lindsay Hoyle)
Order. I remind the hon. Gentleman that he does not have to give a reason for intervening. Don’t worry about that; we just want to hear your intervention.
Peter Grant
It is highly relevant, Mr Deputy Speaker, because most of the people we met were born in the shadow of the iron curtain. They now have the right to travel all over western Europe and a great deal of central and eastern Europe. Does the hon. Gentleman share my bafflement that while those people are celebrating their fairly recently won right to travel everywhere, we have a Government here that seem determined to take measures that might endanger the right of future generations of UK citizens to travel as freely as our Slovakian friends can travel now?
Jonathan Edwards
I am extremely grateful to the hon. Gentleman for his intervention. As always, he makes a very valid point. I congratulate him on the excellent work he is doing on the Select Committee. I was privileged to serve on that Committee with him in the last Parliament, and his contributions are always extremely valuable.
Much of the debate following the referendum has surrounded the economic impact of Brexit. There is little doubt in my mind that the best way to protect the Welsh economy is to stay inside the single market and the customs union, and that has been my position from day one. The issue of European Union citizenship rights of UK subjects, however, has not had the level of consideration it deserves.
At this point, I should pay tribute to Jill Evans, the Plaid Cymru MEP representing the whole of Wales who commissioned a report on that issue in the immediate aftermath of the referendum. Her work has gathered considerable support in the European Parliament—including, critically, from Guy Verhofstadt, the lead Brexit negotiator for the European Parliament. Indeed, I understand that the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), has had discussions with Mr Verhofstadt on that issue. I would be grateful to learn from the Minister in his response whether that issue was discussed yesterday with Mr Verhofstadt during his visit to London. The idea has also gained the support of the European Parliament’s Committee on Constitutional Affairs.
I sense, perhaps wrongly, that the British Government have an open mind to what we are proposing today. I am being kind, because it has been a very good-natured debate so far. The Secretary of State for Exiting the European Union, in response to the hon. Member for Stafford (Jeremy Lefroy)—who I am delighted to see in his place and thank for his contribution, which hit the nail on the head—said:
“The aim of this exercise is to be good for Europe and good for Britain, which means good for the citizens of Europe and Britain. That is what we intend to do.”—[Official Report, 2 November 2017; Vol. 630, c. 947.]
In her speech last Friday at Mansion House, the Prime Minister failed to provide any great clarity on some of the main issues that have concerned Members in relation to the British Government’s Brexit policy. However, a part of her speech did catch my attention, when she conceded that, despite her hard Brexit policy, she would seek to negotiate UK associate membership status with several EU agencies.
Anna Soubry
I completely agree with the hon. Gentleman about the benefits of our remaining in the single market and the customs union. However, I disagree with him when he says that the Prime Minister’s policy is to have a hard Brexit. If one thing absolutely came out of the Mansion House, it was a firm rejection of a hard Brexit. Does he at least agree with me on that?
Jonathan Edwards
I am always delighted to hear from the right hon. Lady, with whom I work very closely on these matters. However, I fear that the Prime Minister in her speech managed to continue the strategy of trying to placate both sides of the Conservative party. Ultimately, she is going to have to make a call one way or the other. The fact that the right hon. Lady welcomed the speech and the hon. Member for North East Somerset (Mr Rees-Mogg) welcomed the speech—
Jonathan Edwards
The hon. Gentleman also did so. The fact that they both welcomed the speech leaves me concerned that the Prime Minister is not exactly making a definitive decision on those major issues, on which the right hon. Member for Broxtowe (Anna Soubry) and I actually agree.
As I was saying, the Prime Minister conceded in her speech that she would seek associate membership of several EU agencies. If that is the case, why not apply the same principle to citizenship? Since Plaid Cymru launched our campaign on this issue at the weekend, my Twitter feed has become the location for a lively debate. Indeed, earlier this afternoon I was called a traitor by some people, which indicates the strength of feeling that the debate has generated.
David T. C. Davies
I respect the hon. Gentleman, and I totally condemn anyone who has referred to him in that fashion for expressing his views, just as I am sure he would do in relation to those on the other side. We all have a duty here to be courteous in our debate.
Jonathan Edwards
I am extremely grateful to the hon. Gentleman for that intervention. This debate is so serious that it needs to be debated in a very reasonable, calm and rational manner, as we have seen in the House today.
Most people have been extremely supportive of what we are suggesting, but others have seen the campaign as a plot to undermine the referendum result, which could not of course be further from the truth. What we are proposing is that, as part of the negotiations, the British Government make the case that those of us who wish to keep our current rights are able to do so, while those who wish to renounce their rights would also be able to do so if they so wished. If the British Government are serious about healing the wounds of the referendum, I argue that they should pursue such an initiative with vigour, because it could unite everybody in every part of the British state.
The key point is that the rights we currently enjoy under the Maastricht treaty do not in any way challenge or undermine our rights as subjects of the British state. This point was made with vigour by my hon. Friend the Member for Ceredigion. They are additional rights, and any action by a Government to take away those rights is an extremely serious matter. It is therefore no wonder that this issue is now before the courts in Europe.
As someone who fundamentally believes in Welsh independence, I recognise that, following the political freedom of my country, there will be a requirement to protect the rights currently enjoyed by the people of our respective countries, as was of course the case following Irish independence. I think that answers the point raised by the hon. Member for East Renfrewshire (Paul Masterton)—he is no longer in his place—in his intervention on my hon. Friend the Member for Arfon.
In his article in The New European at the weekend, Professor Volker Roeben, who was formerly of the University of Swansea but now works in Dundee in Scotland—I am delighted to see him here—makes the case quite clearly that international and EU law should protect our current EU citizenship from Brexit. I understand that legal opinions differ and I readily admit that I am no legal expert, but he makes a compelling case. I would like to finish my speech by quoting him at some length. He said:
“Of course, a member state is free to terminate its membership for the future, but it cannot extinguish the citizenships that have already been created and the rights that have been exercised—these continue. This status cannot not be taken away neither by the European Union nor by one of its member states.
This is also the impetus of the international law of treaties laid down in the 1969 Vienna Convention on the Law of Treaties. This international law will be binding on the EU, the UK and the remaining member states after Brexit. It governs in considerable detail the consequences that the withdrawal of a state from any treaty, including the Founding Treaties, entail.
One consequence is that the treaty ceases to bind, but the other is that the withdrawal must not have retroactive effect on the rights of individuals already created at the time of withdrawal.”
This results in a challenge to the European Commission and, as I readily admit, to the British Government. My understanding is that the European Parliament is far more understanding of the case than the Commission. If this is the case, then MEPs will have an important role in scrutinising the negotiating tactics of Mr Barnier and his team. At the end of the day, as Professor Roeben states, it is a matter of political will. I hope that, following this debate, Parliament will support the motion and mandate the British Government to negotiate a protection of the rights we all currently enjoy as European citizens.
Mr Deputy Speaker (Sir Lindsay Hoyle)
I now have to announce the results of today’s deferred Divisions. In respect of the question relating to Northern Ireland political parties, the Ayes were 308 and the Noes were 261, so the Ayes have it. In respect of the question relating to passport fees, the Ayes were 317 and the Noes were 258, so the Ayes have it.
[The Division lists are published at the end of today’s debates.]
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
On a point of order, Mr Deputy Speaker. I am grateful for the opportunity to make a correction to the record. This morning, I referred in a question to the Secretary of State for Scotland during Scotland questions to branch closures by RBS last month. Of the 10 branches given a reprieve last month on the basis that they were the last bank in town, two were not in fact the last branches in town. I suggested that the branch in Melrose, which is not the last bank in town, was in the Dumfriesshire, Clydesdale and Tweeddale constituency, which is the constituency of the Secretary of State for Scotland. As a matter of fact, it is in the constituency of Berwickshire, Roxburgh and Selkirk. The other branch that is not the last branch in town is located in Kyle, which is in the Ross, Skye and Lochaber constituency, which is the constituency of the leader of the Scottish National party in Westminster. I would like to correct the record to that effect.
Mr Deputy Speaker (Sir Lindsay Hoyle)
The hon. Gentleman has made that correction.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
May I, too, warmly thank my hon. Friend the Member for Arfon (Hywel Williams) and Plaid Cymru for bringing forward this timely and important debate?
Before I begin my remarks, I would like to declare a non-financial interest. For many years, I have been an honorary consul to Romania for the highlands and islands. I will come back to that later. It seems to me, as we are discussing the rights of European citizenship, that we should all declare our financial interests, as well as many more interests.
The concept of European citizenship was introduced in the 1992 Maastricht treaty, affording rights, freedoms and legal protections to all citizens, as well as giving a legal basis to European identity. Many of those rights are tied up with the four freedoms of the single market, as we heard earlier. European citizens have the right to live, work and study across the EU and associated countries. European citizens are free to trade and transport goods, services and capital through EU borders as in national markets, with no restrictions on capital movements or duty fees. Citizens have the right to vote and run as a candidate in local elections in the country where they live and in European elections, and to participate in the European citizens’ initiative. Citizenship of the EU confers the right of consular protection by embassies of other EU member states when a person’s country of membership is not represented by an embassy or consulate in the country in which they require protection. EU citizens have the right to vote for and petition the European Parliament, and the right to address themselves to the European ombudsman and EU agencies directly in their own language if the issues raised are within their competence. Finally, EU citizens enjoy legal protections under EU law, specifically through the charter of fundamental rights of the European Union and through Acts and directives regarding the protection of personal data, the rights of victims of crime, the prevention and combating of trafficking in human beings, equal pay and protection from employment discrimination on the grounds of religion or belief, sexual orientation, age and other characteristics. Those are substantial rights for European citizens.
I was privileged to serve as the vice-president of the Conference of Peripheral Maritime Regions, a fantastic organisation that brings together local authority areas from across Europe as far apart as Finland and the Azores. We discussed common issues across the European Union in order to get our points made as citizens of the EU about policy. It was a great privilege to do that. I travelled to that group as a European citizen with the rights I have outlined. I was never treated as an outsider or a foreigner, and none of the people I met during that time were ever foreign to me.
As an honorary consul, I have helped Romanian citizens in the highlands and islands, directing them to the support and services they might need. It has never involved my doing anything other than my job of helping people as an MP. It would be the same, and it is the same, for constituents who are Polish, French or German. I am sure we would all do the same. That point of contact has allowed me to build social and economic ties with our Romanian neighbours.
Patrick Grady (Glasgow North) (SNP)
I pay tribute to my hon. Friend’s work to support Romanians and other European citizens in my hometown of Inverness. I welcome the fact that Plaid have brought this debate today, especially as I am a member of Plaid Cymru, as well as a member of the Scottish National party.
Patrick Grady
Exactly! In that sense, I am a dual citizen as well. It just shows that we can all get along and perhaps these principles should be extended to everybody.
Drew Hendry
Absolutely. On the principle of extending European citizenship, this is deeper than just a set of rights. This is an historic tie, which we should cherish. That identity is very important to Scotland. We have always been a European nation and we continue to be a European nation.
Alison Thewliss (Glasgow Central) (SNP)
My hon. Friend is laying out the connections and ties we have been lucky enough to make across Europe. In 2005, I did an internship at the Committee of the Regions not long after the new accession states joined the EU. It was with great joy that I made new friends from Poland, Slovakia, Hungary and all the other new countries coming into the EU, who valued that citizenship and the links and ties they could make. Does he share my deep regret that we are no longer going to be a part of that shared project?
Drew Hendry
Absolutely, although I would say that the UK Government have it within their gift to ensure, certainly on the issue of European citizenship, that we remain a part of that project.
It is very important to understand the feeling in Scotland, which I know is shared by many people in Wales. I would like to quote from a leader in the Sunday Herald, which I think is particularly poignant:
“Scotland has been an outward looking European nation since the late middle ages. From the 16th century, Scots merchants, academics and soldiers spread far and wide in the continent establishing communities in countries like Poland, Sweden and the Low Countries. As a poor nation on Europe’s periphery it was Scotland’s lot to export its people, and the flow continued apace during the British Empire. But intellectual and commercial trade was very much two way. It is no accident that so many European words have entered the Scottish language, such as the Swedish ‘braw’, Dutch ‘kirk’, German ‘ken’, French ‘dour’. Our very language testifies to Scotland’s European connections.”
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
I wonder if the hon. Gentleman would care to add to his list: soiree, meaning an evening out; gigot, meaning a leg of lamb; and ashet, on which we cut our lamb and which comes from assiette in French?
Drew Hendry
Yes, I would indeed. It is a list to which I could, if I had the time and perhaps the patience of Mr Deputy Speaker, add many more words that highlight that connection. [Interruption.] I am being encouraged to go for it, Mr Deputy Speaker, but I will move on.
That is the kind of place Scotland is and the kind of Scotland we want to live in. Our European identity and our shared values with the EU are very much at the heart of that. It is important to reflect that, during the referendum on the EU, 62% voted to remain in the EU and there was a majority to remain in all Scottish local authority areas, yet European Scots face not only the economic and social impacts of Brexit, but losing their European identity. A colleague of mine in the European Parliament, Alyn Smith, said:
“So what does Scotland have right now? Scotland has been an integral part of the EU for almost 50 years, a status that we now face losing. We are represented at every stage of the EU’s activities. The recreation, in 1999, of the Scottish Parliament and the formation of a Scottish Government gave Scotland a far stronger voice within the EU, and has allowed the people of Scotland to find Scottish solutions for Scottish problems and design a society that reflects our needs. This has led to Scotland showing how very European it really is. We stand alongside the rest of Northern Europe by not privatising healthcare, encouraging the development of renewable energy and not charging our citizens for higher education.”
Jeremy Lefroy
These rights are held dear not just in Scotland, but throughout the UK. Clause 41 of Magna Carta states:
“All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs.”
For trade, this goes back not just to the Bill of Rights, but to Magna Carta.
Drew Hendry
I thank the hon. Gentleman for his intervention, and for pointing out that the situation looks as though it would have been easier in the time of Magna Carta than it will be if we lose our European citizenship. However, I want to reflect on the highlands and our relationship with European citizenship.
Anna Soubry
I suggest that one reason there was such a strong remain vote in Scotland was not just that, as the hon. Gentleman said, people think themselves more European than perhaps British—I do not agree with him about that—but that, as I think we can agree, there is a real understanding of the positive benefits of immigration. When I served on the Scottish Affairs Committee, it was striking that Scotland was crying out for more people to come in and work there. Does he think that the fact that the Scottish people have not been afraid to talk about the positive benefits of immigration may be a large part of the result north of the border?
Drew Hendry
The right hon. Lady has stolen my thunder slightly, because the fact that we have received many benefits was exactly where I was going to go next. The very next line of my speech—I am very grateful that she brought this up—is that the long-term issues in the highlands have not been about immigration, but about emigration. That has been a historical problem. Depopulation has been a critical issue in the highlands. Our deepened relationships with the EU have presented an opportunity to welcome EU Scots to our region, a great many of whom have settled in the area.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The right hon. Member for Broxtowe (Anna Soubry) highlighted the different attitude to migration, and that really needs to be underpinned by different migration policies and by Scotland being able to decide, as is the case in other countries such as Switzerland, where the 26 cantons can control half the visas. This issue does not have to be centrally controlled in London. In my constituency, I need fishermen to come from Ghana and the Philippines to fish. I cannot get them in, because a person in London often says no. We need a migration Minister with the courage to change that, and I hope we have this time.
Drew Hendry
My hon. Friend makes a very good point. I know that he shares my concerns about the unrealistic, counter-productive, one-size-fits-all net migration target that overlooks the incredible value of migrant people to our isles and the different economic needs of the highlands and islands, and of Scotland as a whole.
Over the next 10 years, 90% of Scotland’s population growth is projected to come from migration. This is especially vital for the highlands. Migration has created cultural and diverse communities that have tied us together, populated by many European Scots, solidifying our European identity. Twenty-one languages are spoken by pupils, for example, at Central Primary School in Inverness, such is the diversity of families settling in the highlands. European citizenship, whether it is our own or that of European citizens who are here, is very important for the economy—tourism accounts for 20% of the economy—as well as many other sectors. I could mention food processing, renewables, life sciences and so on, but I will not pause on those.
Jamie Stone
In addition to what the hon. Gentleman says about migration to our country, Scotland, the historical emigration of Scots was a curse on the highlands for many years, but European investment in infrastructure, via schemes such as objective 1, helped halt—and indeed reverse—that, meaning that classmates of mine and younger generations stayed in the highlands, rather than seeking their fortunes outwith the beloved land they came from.
Drew Hendry
Absolutely—hear, hear! The point about young people staying in the highlands is critical, but, conversely, their ability to move freely throughout Europe, gain skills and come back is also very important. I have personal experience of this. My two boys went off to work in Europe, gain skills and broaden their horizons. One has already come back to Scotland to add to our economy the skills he gained in Europe. As my hon. Friend the Member for North East Fife (Stephen Gethins) mentioned, the ability of young people to travel through and study and work in Europe and to live as European citizens has been transformational, not just for them but for our economy—locally, in the highlands, across Scotland and, I contend, across the whole of the UK. We should cherish that. It should not be under threat.
Peter Grant
As a student, I not only benefited from the ability to travel in France and elsewhere but spent a month just outside my hon. Friend’s constituency working on a fruit farm in Beauly—which, of course, is French for “beautiful place”. Does he agree that, as well as people from the UK losing out if they cannot travel freely across Europe, if European citizens are restricted in their ability to come here, young people here will lose out on the benefits of mixing with people from a wide range of backgrounds, and as well as the free movement of people, the free movement of ideas and beliefs is vital and should be retained?
Drew Hendry
My hon. Friend makes a terrific point that we should pause to reflect on during this discussion, and it is not just about the ability of young people to interact in that way. I have often said that I aspire to be an older person and that I am making good progress—I have used that line before and will do so again. It is not just about young people; European citizenship is key to everyone’s ability to broaden their horizons.
Just today—ironically—there was an announcement about the introduction of free inter-rail travel across Europe. Young people face losing out on that; they face losing out on the end to roaming charges and consequently a loss of connectivity; and, as mentioned earlier, they face losing the European health protection that has enabled them to reduce the cost of living and studying.
Wera Hobhouse (Bath) (LD)
The hon. Gentleman is describing very eloquently the opportunities that his sons have had travelling through the EU. Is this not precisely a question of education and the opportunities our young people have to travel, and was not the Brexit vote particularly strong where educational opportunities were not very high? Rather than leaving the EU and restricting young people’s ability to go to the EU, is it not important that we extend educational opportunities to all young people in this country?
Drew Hendry
On the life chances that young people will have as they grow into adults and move through their careers, it is critical that every opportunity they get to broaden their horizons be embraced, and we should do everything possible to avoid anything that removes their ability to broaden their horizons, such as losing their EU citizenship.
I want to quote a couple of paragraphs from Jolyon Maugham QC:
“The idea of European citizenship has its roots in the aftermath of the second world war, when Winston Churchill”—
my hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts) quoted him earlier—
“spoke of a ‘common citizenship’ that would unite Europe together ‘in the sharing of its common inheritance’”.
He went on to say:
“European citizenship confers a number of privileges: the right to live in and move freely between member states”,
and all the other things that I mentioned earlier.
“The shared assumption of the European Union and the UK government is that Brexit will mean British citizens will automatically forfeit these rights. But this is being tested in a case brought by a group of UK nationals living in Amsterdam, which I funded with the help of Dutch law firm Bureau Brandeis, which agreed to act for a modest fee.”
He ended by saying, as one who was born in London,
“I am a Londoner, I am British, and I am European. They’re not mutually exclusive”.
The same applies to Scotland. Citizenship of Europe is very important to us. Scotland is not foreign to Europe, and Europe is not foreign to Scotland. We are Europeans.
I am grateful to the Merriam-Webster thesaurus for its definition of “foreigner” as
“a person who is not native to or known to a community.”
EU citizenship has made that an antonym. Those people are our buddies, our chums, our comrades, our confidants, our cronies, our friends, our pals, our mates, our partners and our peers. We are European. We should retain the rights and benefits of European citizenship, and I hope that the Government will ensure that that happens.
Anna McMorrin (Cardiff North) (Lab)
I thank my colleagues in Plaid Cymru for initiating this welcome debate.
European citizenship confers numerous privileges: the right to live in and move freely between member states, the right to diplomatic and consular assistance from other member states, and the right to participate in elections to the European Parliament. It is a principle of UK citizenship law that individuals cannot be stripped of their citizenship because of territorial changes. The UK Government must clarify whether that principle should apply to the protection of European citizenship.
It is shameful that, although the Tory manifesto on which the previous UK Government were elected promised to—at last—allow British citizens who had lived abroad for more than 15 years to vote, those people were then denied a chance to vote in the referendum. The voices of about 1 million people went unheard. It is also shameful that the UK Government have not yet delivered on the promise that the EU’s freedom of movement rights will be honoured for all citizens who reside in other nations in the European economic area. For many UK citizens who did not have the chance to vote in the referendum, and for many who voted to remain because they did not wish their European citizenship rights to be taken away from them, this Brexit—whatever it is—is nothing like the epitome of democracy that some hard Tory Brexiteers would have us think.
Wes Streeting (Ilford North) (Lab)
My hon. Friend is making a powerful speech. Is this not the greatest tragedy of the way in which the Brexit negotiations are unfolding? The people who voted leave were not being given the Brexit for which they voted on the timescale for which they voted, but the biggest losers will be the people throughout the country—especially the young—whose opportunities will become far more limited because of the type of Brexit that is being pursued. Furthermore, every parent and grandparent in the country should reflect on the damage that is being done to the prospects of their children and grandchildren.
Anna McMorrin
That is an excellent point with which I completely agree. Indeed, I am about to speak about just that issue.
Brexit is an injustice that will take away rights without giving people the option to secure those rights in the long term for themselves and their children. The idea of European citizenship is cherished by those who are old enough to remember a time when Europe was going through a healing process. We seem to have forgotten that it was not always the peaceful, prosperous place that it is today: a union of people, not merely nations. It is a pity that there are elected politicians in this House who are unwilling to understand the strong feelings of many British people about their European identity.
Stephen Doughty
My hon. Friend and constituency neighbour is making a strong speech. Does she agree that many people, particularly in places like Cardiff where we have a strong and thriving university sector, see themselves much more as part of pan-European collaboration in science and driving forward progress in discovery, and key to that is their European Union citizenship? By taking that away we potentially do great damage to those relationships on a European level that are taking forward all sorts of exciting scientific discoveries.
Anna McMorrin
My hon. Friend is absolutely right. I am proud to represent Cardiff North, and the whole of Cardiff is a diverse community. We have plenty of students from across the European nations, and we want to retain that feeling of European identity and citizenship.
Mr Chris Leslie (Nottingham East) (Lab/Co-op)
My hon. Friend is making very important points. She mentioned the politics of this, and it used to be the case that the Conservatives supported the single market and these issues. I feel very strongly that Labour should fly the flag for citizens’ rights within the context of the single market. That is an incredibly important thing, and I hope that eventually my Front-Bench team will also recognise that the single market is the best way to offer these protections.
Anna McMorrin
I thank my hon. Friend for his intervention. He knows my personal feeling, representing Cardiff North, which is a strong remain constituency: most of my constituents would love us to remain in the single market.
Emma Little Pengelly (Belfast South) (DUP)
I too represent a university constituency, and I recognise the concerns raised by our young people who want to access the opportunities the EU gives them. We need to fight to ensure that opportunities continue after Brexit, but does the hon. Lady also recognise that this is very much a game of two halves: although many young people, particularly university students, could take up those opportunities, which are very welcome, many other young people from disadvantaged backgrounds would never have the money to be able to travel to Europe and could never take up those options, and their employment prospects were deeply damaged by their being undercut by the free movement of people across the EU?
Anna McMorrin
I beg to disagree with the hon. Lady. The best way to retain those opportunities for young people from all types of background—disadvantaged and not—is to keep those opportunities open and to work to be a citizen of the EU, and for the UK Government not to take us on the damaging Brexit course they are currently taking us on.
Stephen Gethins
I thank the hon. Lady for making a very important point. Does she agree that tens of thousands of young people from all parts of the UK and from all backgrounds have benefited, because the EU has allowed those from more disadvantaged backgrounds to get educational opportunities they would never otherwise have had?
Anna McMorrin
I completely agree with the hon. Gentleman. I worked in Brussels for a time, as well as in other EU countries, and I can see the benefits for young people from all backgrounds.
This is about identity. It is about what we call ourselves in terms of our identity and citizenship. I call myself Welsh and European, and I will continue to do so in equal measure even after Brexit.
I urge the Government to look at the practical benefits of European citizenship, and to support demands to allow British people to continue to benefit from it. As I said, I lived, studied and worked in France, Spain and Belgium when I was younger. It is a shame to think that my two daughters will not be able to have those same experiences and opportunities because the UK Government did not think EU citizenship was worth fighting for. Brexit will do nothing more than isolate us as a nation and cut off those benefits and opportunities for our younger people.
To be Welsh and European is to be open and inclusive. The Welsh writer Gwyn Thomas expressed that beautifully when he said that south Wales society is
“the most marvellously interpenetrating thing”
where
“everyone was sensitive and thin skinned to the problems of others”.
He described it as a
“warm soup of comradeship, love, singing, understanding”.
That is how we should consider citizenship of the whole European Union, and I urge this Government to have the courage to safeguard our citizenship as we exit the EU.
David Linden (Glasgow East) (SNP)
What a pleasure it is to follow such a fantastic speech from the hon. Member for Cardiff North (Anna McMorrin). I begin by commending and thanking our colleagues in Plaid Cymru for securing this debate. I believe that this is the first time in history that Plaid Cymru has had its own Opposition day debate, and I hope that we will have more of them.
Most people who have taken part in this debate have declared an interest. I look up at the annunciator and see my German surname, and I am incredibly proud to be someone of German descent in this House. I am also incredibly proud to represent Scotland, where 62% of the population voted to remain in the European Union. All 32 local authority areas voted to remain, and my constituency voted remain. However, we see ourselves looking over the cliff-edge of a hard Brexit to which we have been driven by the Back Benchers of the Conservative party, and it is something that Scotland did not vote for.
The points made during the debate, particularly by the hon. Member for Ceredigion (Ben Lake), about the impact on young people really amplify the disaster that Brexit will be. I have questioned the Prime Minister about the Erasmus scheme, and she can give us certain guarantees about the next year or two. However, the reality is that a young person studying at Lochend Community High School in Easterhouse, a deprived area in my constituency, currently has the opportunity to travel and see other parts of Europe through Erasmus. That directly answers the point made by the hon. Member for Belfast South (Emma Little Pengelly) about young people from deprived backgrounds.
Emma Little Pengelly
Just to build on that, my point was that, yes, it is fantastic that young people have such opportunities, and we have tried to encourage take-up in Northern Ireland, but I speak to many young people from deprived communities who have said, “We apply for job after job across the European Union.” There are record levels of NEETs—young people not in employment, education or training—and to understand what motivates people we must understand that those opportunities do not apply to everybody. We need to recognise that that was part of the challenges of the single market and free movement of people and part of why people were opposed to it.
David Linden
I am grateful to the hon. Lady for that intervention. I have been campaigning on apprenticeships during my time in the House, and, as a former modern apprentice, I am glad that we are taking part in National Apprenticeship Week. However, the reality is that this Government have a poor record when it comes to paying young people. Young people are not included in the national living wage, and an apprentice can still, under the law, be paid as little as £3.50 an hour. I am absolutely in favour of ensuring that young people are paid appropriately, but that is not necessarily something for the European Union. I think responsibility for that lies at the door of the UK Government, who have a pretty woeful record on employment rights and pay for young people.
The hon. Member for Nottingham East (Mr Leslie) talked about the importance of staying in the single market and the customs unions—I stress that I mean “the” customs union. I hope that his particular wing of the Labour party grows stronger and can convince his Front-Bench team of the importance of remaining in the single market and the customs union, because failure to do so will result in the sacrifice of 80,000 jobs in Scotland. I represent a constituency with fragile employment prospects. Unemployment in my constituency is double the UK average, which is one reason I am particularly furious that UK Government have just closed two of the three jobcentres in my constituency. Only last week, I was dealing with two companies that have announced the closure of stores in my constituency because they are going into administration. One reason for that were the fluctuations in the pound due to the uncertainty caused by Brexit. We need to be absolutely clear about the need to protect jobs. I agree with the right hon. Member for Islington North (Jeremy Corbyn) about the importance of a jobs-first Brexit, but the only way to achieve that is by ensuring that we stay in the single market and the customs union, so I very much hope that the hon. Member for Nottingham East manages to convince his Front-Bench colleagues.
Mr Leslie
That is good timing by the hon. Gentleman, because this afternoon the European Commission published its draft negotiation for the future relationship. One of the final paragraphs states that the European Union will be prepared to reconsider the idea of an FTA settlement if circumstances change and the situation evolves. The EU is saying that if the Government drop their ridiculous, self-imposed red lines on the customs union and the single market, it will allow us to have those benefits. I think that is the route we need to pursue.
David Linden
Absolutely. Unsurprisingly, I very much agree with the hon. Gentleman. The Prime Minister conceded yesterday that roaming charges will come back. The Government are spending all this time talking about taking back control, but they will not be taking back control of my phone bill the next time I go to Europe, because it is going to go through the roof.
These things were all put on the side of a bus, which brings me to my next point. When I went with my wife and son to the polling station to vote in the EU referendum, there was nothing on my ballot paper about leaving the single market and the customs union. Conservative Members spend a huge amount of time telling us that people knew what they were voting for. If that is the case, people thought they were voting for £350 million extra a week for the national health service, and we do not see much evidence of that happening.
My final point—I say this as someone who respects the will of Parliament—relates to the absence of certain Members who spend a huge amount of time talking about parliamentary sovereignty. I suspect that, once again, an Opposition day motion will pass. There is much in this motion that is absolutely commendable and I would be more than happy to support it in a Division. My challenge to hon. Members, particularly those with a Brexit background who claim that we are taking back control and empowering this place, and who say, “We must respect what the House of Commons says,” is to acknowledge that, when this motion passes, it is incumbent on the Government to support it and implement it. I very much hope that the Government will adhere to it and that they will not ignore Parliament. If they are serious about taking back control, that starts with listening to this House of Commons.
Hywel Williams
Right hon. and hon. Members will forgive me if my comments are fairly brief, given my current condition. I am pleased to say that this has been a high-quality debate, in contrast to the debate out in the country. We have heard positive contributions from about a dozen hon. Members. Perhaps that has something to do with the absence of the usual suspects, particularly on the Conservative Benches, who continually repeat the same tired arguments, to very little positive effect. I am gratified by the emphasis that so many hon. Members have put on the rights of young people, thus looking to the future, not to the past.
It is a somewhat novel idea for this place to talk about the continuation of European Union citizenship after we leave. It is not surprising, therefore, that Members have been tempted to wander away to questions about the rights of EU citizens living in the UK and to the Brexit question in general. I do not think that that has impeded or hampered the debate; it has been a suitable counterpoint.
In her initial response, the Minister for Immigration made her central point that when we leave the European Union, EU citizenship will lapse, but Opposition Members have clearly made the counter-argument that international law suggests the very opposite. I will take the opportunity yet again to draw attention to the report “The Feasibility of Associate EU Citizenship for UK Citizens Post-Brexit”, which argues the case clearly, based on the Vienna convention, specifically article 71(b).
I am glad that this has turned out to be a positive if shortish debate, and I look forward to hearing a positive response from the Government.
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
I congratulate Plaid Cymru on its first Opposition day debate, the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) on tabling the motion and the hon. Member for Arfon (Hywel Williams) on opening the debate with his usual eloquence, passion and power. I congratulate everyone who has contributed to a genuinely considered discussion on maintaining European Union citizenship for British nationals.
It is entirely proper that we debate issues relating to the UK’s withdrawal from the European Union, and the rights that we hold today as European citizens are an important aspect of that. I have heard many arguments from across the Chamber today as to why we should seek to secure some form of continuation of EU citizenship for British nationals after we withdraw from the European Union. I welcome the varied contributions made to this important debate, including the report by Jill Evans MEP and Swansea University, to which several colleagues referred.
I have listened closely to the arguments that the rights and protections held by individuals with EU citizenship are, in some cases, integral to their identity. We had a fascinating discussion about identity, and my hon. Friend the Member for Boston and Skegness (Matt Warman) spoke well about some of the complexities of that and how his constituency has been shaped by Europe in a different way from some others. I should say that the Prime Minister has made it clear, and I reiterate, that we are leaving the European Union; we are not leaving Europe. On this question of identity, at the end of this process we will still all be citizens of a European state.
Stephen Gethins
The motion says:
“That this House supports the maintenance of European Union citizenship rights”.
Will the Minister confirm that if the motion is approved by the House, that will be part of his negotiating strategy?
Mr Walker
The hon. Gentleman makes an interesting suggestion. I said that we listened carefully to the debate, and of course we always listen carefully to decisions of this House. In response to the calls from my colleagues in this House and the other place, and from Members of the European Parliament, to argue for the continuation of EU citizenship for UK nationals, let me say that, as my right hon. Friend the Minister for Immigration confirmed earlier, we will always be very happy to listen to any proposals on our exit from the European Union. However, as EU treaty provisions state that only citizens of EU member states are able to hold EU citizenship, when the UK ceases to be a member of the European Union, UK nationals will no longer hold EU citizenship, unless of course they hold dual nationality from another EU member state. It is important that we respect the EU’s legal order, and of course our own, when EU treaties and EU law no longer apply to the UK.
I wish to take this opportunity to respond on the doctrine of acquired rights, which I know the House of Lords EU Committee looked into, expressing some concern about the validity of acquired rights in this context. Article 70 of the Vienna convention was mentioned by a number of colleagues, including the hon. Member for Ceredigion (Ben Lake). To be clear, article 70 is a “default” rule, which does not apply where the parties to a treaty agree arrangements relating to a particular party’s withdrawal. The UK and the EU will agree these arrangements under the article 50 process, to be defined in the withdrawal agreement. The argument on acquired rights under article 70 does not, therefore, apply in the context of these negotiations.
Hywel Williams
Can the Minister confirm that it is a matter of political will whether we retain those citizens’ rights?
Mr Walker
The hon. Gentleman makes an interesting point. Of course it is a question of political decisions on both sides and respect for one another’s legal orders. The prospect of maintaining EU citizenship for UK nationals is not something that has been suggested to us to date in the negotiations, either by the European Commission or by any individual member state. Throughout the negotiations we have, however, put citizens at the heart of our approach.
Wera Hobhouse
Does the Minister not agree that the Prime Minister is proposing, in many ways, that we are going to see very new shores—for example, with the border without a border between Northern Ireland and the Republic of Ireland? If we are really looking for new opportunities, this would be exactly such an opportunity, where we are doing something that has not been done before.
Mr Walker
The hon. Lady makes an interesting point. Of course, in our joint report we made specific commitments on the Irish border that we absolutely stand by.
It has been the Government’s policy from the very beginning to provide certainty and stability for UK citizens who have made their lives in the EU and for EU citizens here in the UK. As the Prime Minister set out at Mansion House last week, EU citizens are an integral part of the economic, cultural and social fabric of our county, which is why we made it a priority to secure in the first phase of the negotiations a fair deal on citizens’ rights that will allow for UK and EU citizens to continue their lives broadly as they do now.
As my right hon. Friend the Minister for Immigration detailed earlier in the debate—
Mr Walker
I will give way to the hon. Lady after I have made this point, if I may.
The comprehensive agreement that we secured in December grants citizens certainty about a wide range of rights, including residents’ healthcare, which was highlighted by the hon. Member for North East Fife (Stephen Gethins), as well as pensions and other benefits. That means that UK nationals who are living in the EU at the point of exit will continue to benefit from rights that stem from their EU citizenship today. After our exit, those rights will be provided for by the withdrawal agreement, which will enshrine them and take the status of international law, having direct effect in EU member states. They will also be written into UK law by Parliament, through the withdrawal agreement and implementation Bill.
Liz Saville Roberts
I hope the Minister will forgive me for taking him back to a point he made earlier, but if the proposal for the citizens of Northern Ireland is suitable for them, why is it not suitable for the citizens of Wales, Scotland and England?
Mr Walker
The hon. Lady raises a good point. She touched on some of the history in her speech and I was very interested in her historical references. There are long-standing commitments that the UK has made to the citizens of all of Ireland, and we built on those in the Belfast Good Friday agreement. I shall return to them towards the end of my speech. We have to recognise that those provisions were brought about by unique circumstances that date back long before our membership of the EU.
The Government have shown that we have listened to calls to provide certainty to EU citizens in the UK, by ensuring that citizens will be able to rely directly on the rights enshrined in the withdrawal agreement through the withdrawal agreement and implementation Bill, which will be introduced to Parliament after the withdrawal agreement has been finalised. As my right hon. Friend the Minister for Immigration mentioned, we have listened to feedback from communities throughout the UK on the process of acquiring settled status. We have been clear that the new application scheme will be digital, streamlined and user-friendly. We are consulting regularly with EU citizens’ user groups and employers as we design the system.
On the point made by the hon. Member for North East Fife, we will make sure that those who undertake overseas postings, including military service in our armed forces, will not be disadvantaged.
Stephen Doughty
I hope I can tempt the Minister back to the rights that UK citizens currently have as EU citizens. He said a few moments ago that it had not been suggested in the negotiations, but Guy Verhofstadt has been clear that he believes that UK citizens would be able to retain their EU citizenship rights on an individual basis. What does the Minister have to say about that clear proposal?
Mr Walker
As the hon. Member for Arfon mentioned earlier, I have personally discussed this issue with Guy Verhofstadt. I put it to him that we are negotiating with the Commission, so he needs to make that point to the Commission. If he wishes that to be part of the negotiations, it needs to be discussed in that context. After his meeting in Downing Street this week, Guy Verhofstadt said:
“I think it is possible in the coming days and coming weeks we make progress on this”
issue for citizens
“and we can conclude on this…It should be fine that the citizens rights’ chapter is done, it is finished, it is concluded and everybody knows UK nationals and EU citizens know what their status is in the future.”
I welcome that statement.
Some colleagues have referred to rights that are not covered by the agreement we have reached so far—for example, the right of onward movement for UK nationals. The EU’s approach so far has been to say that it is not an issue that can be resolved in this phase of the negotiations, but we have had meetings on the topic with Members of the European Parliament, and I know that they are as keen as we are to secure that right. It is not something on which we have in any way given up.
Other colleagues, including the hon. Member for Dwyfor Meirionnydd, referred to the right to stand and vote in local and national elections. I stress that we wanted that right to continue—we would have liked it to be part of the citizens’ rights agreement—but the European Commission again ruled that it was outside the scope of the first stage of the negotiations. We have made a commitment to protect that right for EU citizens currently in the UK, and we want to that to be reciprocated. A number of member states already have provisions allowing nationals of a third country to vote in local elections, and we will continue to explore that with other member states bilaterally.
The hon. Member for Cardiff North (Anna McMorrin) mentioned plans to legislate to enable UK citizens living overseas for more than 15 years to retain their right to vote. I am sure that, like me, she welcomed the Government’s support for legislation of this nature just the Friday before last.
As the House will be aware, we are seeking to agree an implementation period of about two years beyond the date of our exit. The purpose of such a period is to give people, businesses and public services in the UK and across the EU the time they need to put in place new arrangements that will be required to adjust to our future partnership. I want to be clear that, during this implementation period, we intend that people will be able to come to the UK to live, study and work, as they do now. We are discussing the precise terms of the implementation period with the EU and we aim to reach agreement by the March European Council.
Nigel Huddleston (Mid Worcestershire) (Con)
My hon. Friend is clearly articulating what the aims and the goals of the Government are. A minute ago, he mentioned reciprocation. Is it not the case that that is at the core of all this? We are asking not for special rights for EU citizens, or indeed for UK citizens, but for a fair and reasonable exit process from the EU that retains reciprocal rights.
Mr Walker
My hon. Friend and neighbour is absolutely right. We want reciprocal rights and reciprocal respect for one another’s political and legal systems.
We recognise that, in the future, as the hon. Member for Arfon noted, UK citizens will still want to work and study in EU countries, just as EU citizens will want to do here, helping to shape and drive growth, innovation and enterprise. None the less, the people of the United Kingdom did choose to leave the EU, and, as he pointed out, Wales voted by a majority to leave. As a result of that decision, the EU treaties will no longer apply to the United Kingdom and the Government have been clear that freedom of movement will come to an end.
I listened with interest to the part of today’s debate that dealt with suggestions for our continued membership of the single market. We accept that there is a balance of rights and responsibilities in the treaties and that, in choosing to leave the EU, we will put those rights in a new and different balance. We understand and respect the indivisible nature of the four freedoms, which is why leaving the EU and ending free movement and the jurisdiction of the European Court of Justice does mean leaving the single market.
The Government propose a unique and ambitious partnership, which will be based on our rules and regulations being the same from the start and on maintaining our commitment to free trade and high standards, while allowing us to both make changes when we want to in a stable and orderly way, as my hon. Friend just said, with respect for one another’s systems. The exact shape of this future relationship has yet to be negotiated, but as the Prime Minister noted last week, we recognise the need to maintain the social, economic and cultural links between our people and ensure that businesses can attract and employ the people they need. That is why we are taking an evidence-based approach to our future immigration policy—something that the hon. Member for Torfaen (Nick Thomas-Symonds) managed to both call for and rail against at the same time. We commissioned an independent advisory body, the MAC, to gather evidence on patterns of EU migration and its role in the wider economy. That will include consideration of the impacts on the different parts of the UK, within the context of designing a UK-wide immigration system.
Nick Thomas-Symonds
Just to clarify, my point was about the Government’s inaction on bringing forward legislation.
Mr Walker
If the hon. Gentleman wants to take an evidence-based approach, he has to make sure that his legislation is based on that evidence and the studies that are being conducted. He also suggested that the CBI had been critical of the Government. In fact, the CBI welcomed our recent announcement on citizens’ rights during the implementation period. Its director general said that this is
“a big step in the right direction”,
and that:
“This announcement will remove significant short-term uncertainty for family, businesses and wider communities.”
We have also listened carefully to the evidence.
Nick Thomas-Symonds
I am very grateful to the hon. Gentleman for giving way once again, but the quote from the CBI was about the inaction on the Immigration Bill, when the CBI declared itself to be hugely frustrated.
Mr Walker
The CBI is a key consultee of the MAC process; I am sure that it wants to play a full part in the process and to make sure that the legislation, when it comes forward, is based on the evidence.
Talking of listening to the evidence, I listened carefully to hon. Members in this debate when they talked about young people’s opportunities to study and to travel, and about the benefits of working together on issues such as science and research. We set out in our “Collaboration on science and innovation: a future partnership paper” a strong ambition to continue to co-operate and collaborate with EU member states, and indeed the many third-country members of its framework programmes, in that area. The Prime Minister spoke in Florence about maintaining the educational, cultural and scientific links between us and fellow members.
David Linden
I am grateful to the Minister for giving way; he is being most generous. May I press him on the point that I raised with the Prime Minister? At the time that a second-year student now at Lochend Community High School in my constituency leaves school and goes to university, will they still be able to take part in Erasmus?
Mr Walker
As the hon. Gentleman knows, the current Erasmus programme is covered by the current multi-annual financial framework of the European Union, which ends in 2020. We need to look at what future frameworks would look like and how negotiations would approach the issue in future, but we have already set out a very positive UK position. We look forward to engaging with the EU on many issues, as part of the discussions of our future partnership.
In the debate, there was some discussion of the powers of devolved Administrations to act on citizens’ rights. I should make it clear that we are committed to securing a deal that works for the entire United Kingdom—for Scotland, Wales, Northern Ireland and all parts of England. We expect the outcome of leaving the European Union to be a significant increase in the decision-making power of each devolved Administration. I look forward to discussing that further when I attend the Joint Ministerial Committee (EU Negotiations) tomorrow. The deal secured in December is, of course, without prejudice to the common travel area between the UK and Ireland and the rights of British and Irish citizens in each other’s countries. We stand by our commitments in the Belfast agreement, one of which is that the people of Northern Ireland have the right to choose to be British, Irish or both. Maintaining those rights means that the people of Northern Ireland will not be required to assert and choose a specific identity in order to access public services and other entitlements. Their rights to work, study and access social security and public services will be preserved on a reciprocal basis.
I am grateful for the time and contribution of all Members to this important debate. I have listened carefully to the points that have been raised across the House. Whilst associate citizenship is not within the current scope of negotiations, I reiterate that I will always be happy to listen to proposals from colleagues or our European counterparts on how we can best safeguard the rights of UK nationals.
I want to be clear that at every step of these negotiations, we will work to secure the best possible deal for all UK nationals, including those currently living in the EU and those who wish to travel to the EU in future. As my right hon. Friend the Prime Minister has repeatedly made clear, although we are leaving the European Union, we are not leaving Europe. I remind colleagues that the concept of EU citizenship only appeared in the Maastricht treaty of 1993. We were citizens of Europe long before Maastricht, and while we may now be leaving the political structures of the European Union and its treaties, we will not be any less European as a result.
Question put and agreed to.
Resolved,
That this House supports the maintenance of European Union citizenship rights for Welsh, Scottish, Northern Irish and English citizens, notes that the range of rights and protections afforded to individuals as European Union citizens are integral to a person’s European identity; further notes that many of those rights are closely linked to the UK’s membership of the Single Market; and calls on the UK Government to ensure that the UK’s membership of the Single Market and UK citizens’ right to European Union citizenship are retained in the event that the UK leaves the EU.
David T. C. Davies (Monmouth) (Con)
On a point of order, Mr Deputy Speaker. At Prime Minister’s questions today, the Leader of the Opposition stated that British armed forces were directing the attacks in Yemen. I checked with No. 10 Downing Street and that is completely incorrect. British armed forces personnel are not involved in any way at all with what is going on in Yemen or Saudi Arabia. We are about to discuss our armed forces, and I feel that comments like that could actually be putting our armed forces at risk. I wondered whether you had had any indication that the Leader of the Opposition is going to come to the House to apologise and put the record straight.
Mr Deputy Speaker (Sir Lindsay Hoyle)
First of all, it is not a matter for the Chair, as you well know. You have put it on the record, but it is certainly not for the Chair to intervene, either on behalf of the Opposition or the Prime Minister.
Hywel Williams
On a point of order, Mr Deputy Speaker. I will be very glad to be able to tell our European friends that this House now supports the idea of maintaining European Union citizenship rights. This follows the motion passed by the Brussels Parliament in March 2017, which also supported the idea of continuing associate EU citizenship for British nationals post Brexit. I seek your confirmation that as this motion has now passed, the Government must respond with a statement in this place on this matter within the next 12 weeks.
Mr Deputy Speaker (Sir Lindsay Hoyle)
Obviously it is not a matter for the Chair. It is a matter for the Government to respond. The vote has been taken. The House has shown its view, but it is for the Government to respond accordingly.
Armed Forces Covenant: Northern Ireland
(6 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
I beg to move,
That this House recognises the valuable contribution made by men and women from Northern Ireland to our armed forces, including some of the best recruited Reserve Units in the UK and reaffirms its commitment to ensure that the Armed Forces Covenant is fully implemented in Northern Ireland.
I am delighted to move the motion in the name of my right hon. and hon. Friends in the Democratic Unionist party. As a party, we are proud of the contribution made by the men and women from Northern Ireland who have served the United Kingdom in many theatres of conflict across the globe and, indeed, especially in Northern Ireland itself. We salute their sacrifice, but also the sacrifice of all members of our armed forces, who courageously serve this country in many ways and in many parts of the world.
It is estimated that some 300,000 military personnel were deployed in Northern Ireland in the course of Operation Banner, which was the longest-running military operation in the history of the British Army. A significant proportion of the veterans who served in Operation Banner currently reside in Northern Ireland. That includes between 56,000 and 60,000 who served with the Ulster Defence Regiment or the Royal Irish Regiment Home Service battalions, as well as many other units with which Ulster men and women served in the course of Operation Banner.
The Ulster University is currently conducting a study to identify the number of veterans resident in Northern Ireland and requiring welfare support. The initial reports published by the research team at the university make interesting reading, and I commend them to Ministers and the team at the Ministry of Defence. The reports and the research undertaken by the Ulster University provide an interesting insight into the needs of veterans in Northern Ireland and seek to quantify the extent of that need.
In addition to Operation Banner, we have an increasing proportion of armed forces personnel from Northern Ireland who have been deployed on operations in other parts of the world, including Iraq and Afghanistan, and other places such as Mali, Sierra Leone and so on. They include many members of our reserve units in Northern Ireland. I note that the Minister responsible for reserves, the right hon. Member for Milton Keynes North (Mark Lancaster), is in his place. I pay tribute to our reserve forces in Northern Ireland. We have some of the best-recruited reserve units in the United Kingdom, such as the 2nd Battalion Royal Irish Regiment, which is headquartered at Thiepval barracks in my constituency in Lisburn. It is one of the best-recruited infantry reserve units in the United Kingdom. We have HMS Hibernia, following a proud tradition of Ulster men and women who have served with the Royal Navy, which is also based at Thiepval barracks in my constituency, and 502 Ulster Squadron of the Royal Air Force, located at Aldergrove, in the constituency of my hon. Friend the Member for South Antrim (Paul Girvan). We will soon be joining them in celebrating the centenary of the formation of the Royal Air Force.
We commend the men and women who have given up valuable time to serve in our reserve units and those who leave their families to go and serve with the regular armed forces, in many parts of the world.
Lady Hermon (North Down) (Ind)
Does the right hon. Gentleman share the painful disappointment that I feel that there are so few Members on the Government and Opposition Benches this afternoon for this important debate, bearing in mind the enormous sacrifice made by so many members of the British Army, particularly those in the UDR, who were often part-time farmers who gave their lives and paid the ultimate sacrifice during the troubles in Northern Ireland? I personally have to say how disappointed I am that there is not a better turnout for today’s debate.
Sir Jeffrey M. Donaldson
I thank the hon. Lady for that comment. It is my experience in this House—this is my 21st year as a Member of Parliament—that, across the House of Commons, I find nothing but respect for our armed forces, especially those who have served in Northern Ireland. When I have attended events here in Parliament where we have remembered that sacrifice, I have always been struck by the depth of the gratitude felt by right hon. and hon. Members for that service, notwithstanding the disappointment that the hon. Lady feels at the attendance today, although that is not untypical for debates here of any kind. I do not honestly believe that it reflects any disrespect on the part of this House for the men and women who serve and have served in our armed forces.
A recent report published by the World Health Organisation on post-traumatic stress disorder found that Northern Ireland has a higher incidence of PTSD and trauma-related illnesses than other conflict-related country in the world. That includes places such as Lebanon and Israel. Remarkably, the study found that nearly 40% of people in Northern Ireland had been involved in some kind of conflict-related traumatic incident. The survey estimated that violence had been a distinct cause of mental health problems for about 18,000 people in Northern Ireland.
Against that backdrop, the health and social care system in Northern Ireland has sought to provide support and treatment service to people with mental health problems, and especially ones linked to trauma, but I have to say that it is struggling to cope with the pressures. As Ministers will know, it is often the case for service personnel that PTSD does not really make an impact for several years or more after the original incident. We are therefore seeing a pattern in Northern Ireland now of those who served in our armed forces developing mental health problems in later life, as well as physical injury-related medical problems, and that is putting real pressure on local health services. We feel that that needs to be more closely addressed.
Of course, that is not unique to the armed forces—the civilian population in Northern Ireland suffered dreadfully, and there is ample evidence of a high incidence of post-conflict trauma among the civilian population—but it highlights why the armed forces covenant is very important in Northern Ireland. It is perhaps more important in Northern Ireland than in some other parts of the United Kingdom, because it is essential that the men and women who have served our nation get the support that they require.
I am concerned, as a Member of Parliament, that I am dealing on a regular basis with veterans of Operation Banner who find themselves in trouble with the law because they have developed post-traumatic mental health problems and sadly get caught up in behavioural difficulties that perhaps are not entirely of their making but often result in them falling foul of the law. That is an increasing phenomenon, yet our mental health services do not appear to be adequately resourced to cope with it.
We feel that there is a need to do something. I know that my colleagues in the Northern Ireland Assembly have been pressing for a specialist and properly resourced unit to address some of the issues linked to mental health and what we call the troubles in Northern Ireland. Those who serve in the armed forces in particular need that support, and they are not getting the level of support that they require, so that is an important element of the armed forces covenant.
The current arrangements in Northern Ireland tend to vary from those in other parts of the United Kingdom, partly due to the constraints of our peculiar form of devolved government in Northern Ireland. The point is this: until just over a year ago, we had a power-sharing Executive in Northern Ireland comprising two main parties, one being the Democratic Unionist party and the other being Sinn Féin, and frankly, Sinn Féin has a difficulty when it comes to the armed forces covenant. It has declined to recognise the covenant and the idea that it has a responsibility for implementing the covenant, and its Ministers in charge of Departments have at times resisted efforts on our part to see the very modest objectives of the covenant implemented in Northern Ireland.
I remind the House that the core principle of the covenant is to ensure that those who have served in our armed forces are not disadvantaged by virtue of that service when it comes to the provision of healthcare, housing, education and so on. It is not that they are given special treatment or that they are advantaged over the rest of society, but that they are not disadvantaged. Yet the attitude of Sinn Féin to our armed forces means that, frankly, they are being disadvantaged in Northern Ireland. They are not getting the support that they deserve and require when it comes to healthcare treatment.
I have recently dealt with cases in my own constituency of those who have served in the armed forces, but who are languishing on waiting lists—ever increasing waiting lists, sadly, in Northern Ireland—and cannot get access to treatment. When they seek to get treatment that could be available to them in other parts of the United Kingdom, they are told, “We will not fund your travel, and we will not fund your accommodation to have this treatment in Birmingham or Manchester”. They would be entitled to receive such treatment if they lived in, for example, the constituency of my colleague the hon. Member for St Helens North (Conor McGinn). We believe that this issue needs to be addressed.
Conor McGinn (St Helens North) (Lab)
Armed forces veterans and their families are an integral part of the community that I represent, and many of them served in Northern Ireland. They would like better provision of services for them in St Helens, but they certainly feel that the colleagues whom they served alongside in Northern Ireland should not be disadvantaged just because of where they live. Like me, they fully support the armed forces covenant being extended fully to Northern Ireland.
Sir Jeffrey M. Donaldson
I thank the hon. Gentleman for his intervention and, if I may say so, for the interest that he has taken over the years in matters pertaining to Northern Ireland and those who have served in the armed forces, which is greatly appreciated.
I want to give credit where it is due, and in fairness to the Government, we do have the Royal Irish Regiment aftercare service in Northern Ireland. It was established specifically to provide welfare support to those who have served in the Ulster Defence Regiment and the Royal Irish Regiment Home Service. It is a valuable aftercare service, and it is valued by those who have benefited from it. The difficulty we have is that the life of the Royal Irish Regiment aftercare service is approaching its end date, and there is no indication from the Government that it will be renewed.
I am concerned about that, because the service provides valuable support to those who have served. As I have said, somewhere in the region of 55,000 to 60,000 veterans have served in the Ulster Defence Regiment and the Royal Irish Regiment Home Service battalions. If we lose the Royal Irish Regiment aftercare service and the joined-up approach it brings to providing welfare support to veterans, that will increase the deficit in support for veterans in Northern Ireland. I look to the Government—I am happy to meet Ministers to discuss the need for this again—to extend the work of the Royal Irish Regiment aftercare service beyond the end of the period for which it was originally established.
If I may, I will concentrate a little more on what I see as the kernel of the problem. When the Northern Ireland Act 1998 was passed by this House, and by this Parliament, following the Belfast agreement, section 75 dealt with the whole issue of equality in Northern Ireland. It identifies a number of groupings within our society in Northern Ireland where there should be the promotion of equality of opportunity, including
“between persons of different religious belief, political opinion, racial group…between men and women…between persons with a disability and persons without; and…between persons with dependants and persons without.”
I would like to see veterans of our armed forces added as a specific group to the list of those for whom it is a requirement of every Department in Northern Ireland to promote equality of opportunity. That would at least move us in the right direction of addressing the deficit by identifying veterans as a group that ought to be provided with support when they need it, and it would compel Ministers in Departments in Northern Ireland to act in accordance with the objectives of the armed forces covenant.
Emma Little Pengelly (Belfast South) (DUP)
Does my right hon. Friend agree that one big benefit of adding that group to section 75 of the Northern Ireland Act 1998 is that it would introduce a requirement for every Government policy to be screened for its impact on that group? Whether it was an educational or health policy, there would be mandatory screening of its impact on armed forces personnel and their families. That would put policy makers across all Departments in a much more informed position to ensure that the needs of armed forces personnel and their families are integrated at the earliest possible opportunity in policy making.
Sir Jeffrey M. Donaldson
I regard my hon. Friend as an expert on this issue, having worked with her in the Office of the First Minister and Deputy First Minister. She has devoted a lot of time and energy to promoting this kind of provision right across our society, not least in respect of veterans and the victims and survivors of our troubled past.
I refer the House to paragraph 36 of the Defence Committee report, “The Armed Forces Covenant in Action? Part 1: Military Casualties”, which states:
“The provisions of section 75 of the Northern Ireland Act 1998 prevents the Department of Health…and the Health and Social Care…sector in Northern Ireland in providing war veterans with priority over other individuals with respect to healthcare treatment.”
The use of the term “priority” refers, of course, to ensuring that people are not disadvantaged by virtue of their service, rather than to jumping the waiting list queue—that is not what veterans are asking for. What veterans are asking for is not to be disadvantaged by virtue of their service. It is evident even in the findings of the Defence Committee that that happens. This is something that has been identified not just by the Democratic Unionist party but by other colleagues in this House.
Lady Hermon
It is very kind of the right hon. Gentleman to allow me to intervene again. He will know very well that we have the Northern Ireland Human Rights Commission and, quite separately from that, the Equality Commission for Northern Ireland. Will he take a few moments to explain to the House whether either, or indeed both, of those commissions support the extension of section 75 to include veterans? That would be very helpful for the House.
Sir Jeffrey M. Donaldson
I thank the hon. Lady for that question. I have met the Equality Commission about this issue, but I am not sure that I have met the Human Rights Commission. As far as I am aware, they tend to take the view that they do not believe that section 75 presents the problem that we believe exists. However, I have ample evidence to support our view that it is an impediment, even if it is based on perception rather than reality. We believe that amending section 75 would clear up any question of ambiguity on this issue and offer clarity, as my hon. Friend the Member for Belfast South (Emma Little Pengelly) said, on policy development across all Departments. We urge the Government to examine the potential to amend section 75 for that purpose.
I refer the House to the “Report of the Task Force on the Military Covenant”, which stated that service personnel based in Northern Ireland
“are disadvantaged more than their contemporaries elsewhere… For example, Service families in the province are prevented from identifying themselves as such due to the security situation. This can cause difficulties for partners in explaining their career history to prospective employers and for Service children in obtaining the necessary support in schools”.
I have found that to be the case. I know that we have come a long way from the dark days of our troubled past, but there remains in Northern Ireland a culture of fear when it comes to openly identifying as someone who serves with the armed forces or as a family member of someone who does so. We cannot ignore that that is the reality of the experience of many serving personnel and veterans of the armed forces in Northern Ireland.
In addition, we believe there is substance in the call by many veterans in Northern Ireland for the establishment of a specialist facility to offer support to veterans. I commend, on behalf of my party, the excellent work of many of the military-linked charities in Northern Ireland. The Royal British Legion raises more money in Northern Ireland through its poppy appeal than any other region of the United Kingdom. We have SSAFA and Combat Stress, which does excellent work with limited resources while struggling to cope with the demand on its services. ABF the Soldiers’ Charity and others all do excellent work, but we would like to see a specialist facility established in Northern Ireland to bring together the resources needed to offer welfare support to veterans. That centre might be supported by some of the charities to which I have referred.
I want to make reference to community covenants in Northern Ireland. The Minister will know that they are an integral part of the armed forces covenant. I am delighted to report that since we last debated this issue in the House of Commons, a number of our new—not so new now, I suppose—district councils have adopted the community covenant, including Lisburn and Castlereagh City Council in my own constituency, and Armagh City, Banbridge and Craigavon Borough Council. We welcome this development, because it means that local communities are now able to become more involved in providing support to the armed forces community and veterans. This will help to change the culture around our service personnel and veterans, and help them to see that the community is behind them, offering support at local government level.
I want to draw my remarks to a close by summarising what we would like the Government to do to ensure the full implementation of the armed forces covenant in Northern Ireland. I remind the House that this was part of the confidence and supply agreement between the Democratic Unionist party and the Conservative party. We identified full implementation of the armed forces covenant in Northern Ireland as a priority for the Government. In that context, I repeat our call for the aftercare service currently operated by the Royal Irish Regiment in Northern Ireland, a vital welfare support service for those who served in the Ulster Defence Regiment and Royal Irish Regiment Home Service, to be extended, with consideration given to enhancing the level of support available to veterans in Northern Ireland who did not serve in the UDR and Royal Irish Home Service but who are equally deserving of welfare support.
Secondly, we want the Government to amend section 75 of the Northern Ireland Act 1998 to make specific provision for veterans of our armed forces to ensure that Government Departments and agencies in Northern Ireland have to have regard to the needs of veterans in bringing forward and implementing policies. We believe that in the absence of a devolved Government, that is the right way forward to ensure Government Departments and agencies in Northern Ireland are delivering for veterans, and have a requirement to take account of the needs of veterans in developing their policies.
One of the reports commissioned by the former Prime Minister, on transitioning for veterans, recommended that the Government appoint an armed forces champion in Northern Ireland. I know that this has been talked about, but we would like to see the proposal taken forward. We continue to encourage our local councils to adopt the community covenant. We hear so much about respect from our absent colleagues in Sinn Féin, but the councils in Northern Ireland dominated by Sinn Féin have yet to adopt the community covenant. I think that this disrespects the men and women from Northern Ireland who serve in our armed forces. If Sinn Féin wants to be taken seriously on respect, it could take this step. This does not require Stormont. It does not require an Assembly. It does not require an Executive. Every council on which Sinn Féin has a strong presence could, right now, bring forward a proposal to adopt the community covenant. That would show real respect to the men and women who serve in our armed forces.
Madam Deputy Speaker, it gives me great pleasure this afternoon to move this motion in the name of the Democratic Unionist party.
The Minister for the Armed Forces (Mark Lancaster)
Let me begin by congratulating the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on his remarks. He is very much a champion for veterans in Northern Ireland, as indeed are so many of his party. His passion for this subject is well known and certainly came across in his speech. I join him in paying tribute to the enormous service and sacrifice of all the members of our armed forces from Northern Ireland.
The right hon. Gentleman referred to the absence of some colleagues. I say with the greatest respect to the shadow Labour Northern Ireland Ministers on the Front Bench that the absence of any shadow Defence Ministers has not gone unnoticed by the House. I am absolutely sure that that is not meant as any disrespect to the House. None the less it is a certain disappointment, considering the subject of our debate.
This year in particular, we remember the unparalleled contribution of Northern Ireland veterans to the spring offensive on the western front a century ago. We also recall their heroism in more recent operations, from the turmoil of the troubles to operations in Afghanistan and against Daesh extremists in Iraq. It has been my privilege to serve alongside many soldiers from Northern Ireland. Their passion and commitment has always been exemplary. As a reservist, I note with pride that more than twice as many Northern Irish citizens volunteer for the reserves, compared with the national average. For example, 502 Squadron Royal Auxiliary Air Force was only founded in 2012 but has grown rapidly to a strength of some 130. Alongside the other regular and reserve units across Northern Ireland, they embody the potent mix of our armed forces.
We are determined to ensure that all those who serve with our armed forces have the support that they need, from whatever part of the United Kingdom they come. In discussing these issues, we should start by recognising that veterans who live in Northern Ireland are entitled to receive the same level of support from the Ministry of Defence as those who live in England, Scotland and Wales. If any member of the armed forces, past or present, or their family wishes to access our recently launched veterans’ gateway or our new freephone Combat Stress mental health helpline, they can do so.
As hon. Friends will be aware, the covenant is a promise not just from Defence, but from the whole Government on behalf of our nation. It is a recognition that every part of our nation has a moral obligation to help those who lay their lives on the line for us—a duty to guarantee that no one who is serving, or who has served, for this country should suffer any disadvantage as a result of that service in relation to the rest of society. The covenant, however, is not prescriptive. Its voluntary nature means that there has never been a one-size-fits-all approach. Different parts of the country take a different approach, tailored to their particular circumstances. In the case of Northern Ireland, the covenant is being applied in a manner that suits the unique nature of its circumstances.
Four years on from the last time that we debated this subject, I am pleased to see that progress has been made, as the right hon. Member for Lagan Valley acknowledged. I had the great pleasure of visiting Northern Ireland twice last year, when I was the Minister responsible for veterans and personnel. I saw at first hand the needs of the armed forces community there and the commendable work being undertaken on behalf of our personnel. I also had the enormous pleasure of attending Armed Forces Day in the constituency of the hon. Member for North Down (Lady Hermon), who has also been a sterling champion for veterans and members of the armed forces for many a year in Bangor.
Lady Hermon
I am grateful to the Minister for giving way because it allows me to put on the record how delighted and proud we were that he was present in Northern Ireland, which is an integral part of the United Kingdom, for Armed Forces Day, and we hope he has kept the instructions on how to get back, because although the Prime Minister only has time to come occasionally, it is wonderful when MOD Ministers come and remind everyone there that Northern Ireland is indeed an integral part of the United Kingdom.
Mark Lancaster
I am grateful to the hon. Lady. I was actually in Northern Ireland a couple of weeks ago, as indeed was my right hon. Friend the veterans Minister, who was there for Remembrance Sunday.
Whether it is the work of the newly formed Veterans Support Office, operating in tandem with the Confederation of Service Charities to improve co-ordination between statutory bodies and service charities; the work of veterans champions, located in each of the 11 local authorities in Northern Ireland and linked with the VSO, tirelessly keeping the concerns of personnel in the community spotlight; or the work building on the bespoke aftercare service referred to by the right hon. Gentleman and provided by the Ulster Defence Regiment and the Royal Irish, after referral from the Regional Personnel Recovery Unit within 38 (Irish) Brigade, there is plenty going on, but as we have heard, that is not to pretend that there are not still significant challenges to overcome.
When I visited Northern Ireland last March, I also had the sombre privilege of meeting some of those who had served during the troubles and, as a result, suffered from profound mental health issues. It is a reminder that for too many veterans living in Northern Ireland the scars of experience remain all too raw, as was equally highlighted by the right hon. Gentleman. That is why the MOD is supporting the Ulster University study, funded by the Forces in Mind Trust, into the needs of the Northern Ireland service community.
At the same time, we know that there is a need to continue raising awareness of the help already out there and, in particular, the different ways to access funding. We have already seen the LIBOR veterans fund providing £600,000 for the Somme nursing home in Belfast, and small grants have been made to support community integration projects and recreation facilities for the armed forces community in Northern Ireland. By comparison with other parts of the UK, however, applications for covenant funding remain low. That is why we have committed to providing £300,000 over five years to improve the capacity and capability of local authorities and other bodies in Northern Ireland to bid for covenant funding.
Some hon. Members will feel we should go further still—some might suggest it is time to introduce further statutory instruments to increase uptake—but although I am ready to listen to the arguments on a case-by-case basis, I would make the point that the problem is not about the lack of mechanisms. Let us not forget, as has been mentioned, that besides the instruments already in place, there is section 75. I listened very carefully to what the right hon. Gentleman said, but it is a cornerstone of the Belfast agreement. It is about more than the avoidance of discrimination; it charges public authorities to actively seek ways to encourage greater equality of opportunity and good relations. It is the view of the Government that the armed forces covenant does not contravene section 75. As was highlighted by the exchange between the right hon. Gentleman and the hon. Member for North Down, that is also the view of the Equality Commission for Northern Ireland.
Sir Jeffrey M. Donaldson
For the purpose of clarity, my contention is not that the armed forces covenant contravenes section 75; it is that Government Departments in Northern Ireland believe that implementing the covenant may contravene it. I believe, therefore, that adding veterans as a clear category in section 75 would provide the clarity required to put this beyond doubt.
Mark Lancaster
As ever, the right hon. Gentleman makes his point in a perfectly reasonable manner. He should be reassured that the Secretary of State for Northern Ireland was here when he made that point earlier, and I know that she took on board his comments. Perhaps, for now, he should seek some reassurance in that.
For me, even more important than the legal devices is the willingness of different groups across Northern Ireland—local authorities, businesses and the third sector—to come together and partner up. Slowly but surely, we are seeing that start to happen, but we need to accelerate the process and encourage different organisations to combine their resources and raise awareness of the help on offer. On that note, I should add that if Members are aware of any disadvantage suffered by members of the armed forces in Northern Ireland, they should report it to me or to colleagues in the Ministry of Defence so that we can attempt to address them quickly.
Let me reassure Members, and every single man and woman in our armed forces, that we are utterly committed and determined to ensure that all those who have contributed so much to our nation continue to receive the support that they deserve. In the four years since our last debate, much has already improved, but today’s debate will only spur us on in our quest to extend the protection of the covenant to all.
Owen Smith (Pontypridd) (Lab)
It is a great pleasure, and an honour, for me—as shadow Secretary of State for Northern Ireland—to respond to the debate on behalf of Her Majesty’s loyal Opposition. The fact that members of our defence team are not present implies no disrespect on the part of the Labour Front Bench. They will be coming along shortly, and I am sure that they will take great interest in the debate.
Let me make clear at the outset that we are 100% in favour of the armed forces covenant. It is an excellent measure, introduced by the present Government; they built on the superb work done by the previous Labour Government, whose initial military covenant was passed in 2000. It is an important part of the way in which we as a country acknowledge the excellent service, and sacrifice, of members of our armed forces, not only in Northern Ireland but all over the world. The Labour party is four-square behind it, and four-square behind its equal application throughout the United Kingdom.
I pay tribute to the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who opened the debate so eloquently, for his consistent support for armed forces members and veterans, and for consistently raising the question of potential anomalies between the application of the covenant in Northern Ireland and its application in the rest of the United Kingdom, which he has done with great vigour and sincerity.
While I acknowledge the Minister’s contention that there might be security and political reasons for the different application of the covenant in Northern Ireland—which echoed what has been said by previous Conservative Defence Ministers—the reality is that some differences are not just about security and politics. There are administrative and legal differences between the framework in Northern Ireland and the framework in the rest of the UK, and there is the question of section 75 of the Northern Ireland Act 1998, which was raised by the right hon. Member for Lagan Valley and which I hope to address later in my speech.
It should also be borne in mind that there is a particular set of problems for some representatives of the armed forces. There are Northern Ireland veterans who went through traumatic times during their service, often related to the nature of the areas in which they served and the process of locating and relocating in communities. There are about 150,000 veterans in Northern Ireland, and the levels of post-traumatic stress disorder are higher than the average. The right hon. Member for Lagan Valley made some good points about the need for more support for the mental health of veterans. I am sure that the Minister heard what he said and will acknowledge that there should be better support, not just in Northern Ireland but across the board.
The central point of the speech made by the right hon. Member for Lagan Valley, however, was that section 75 of the 1998 Act militates against the equal application of the armed forces covenant in Northern Ireland. I know that the Government do not agree, and believe that the two are reconcilable. We share that view: we believe that it is possible for the covenant to be applied properly in Northern Ireland, and for that to be reconciled with the proper application of section 75.
The hon. Member for North Down (Lady Hermon) asked the right hon. Member for Lagan Valley whether the Equality and Human Rights Commission and the Northern Ireland Human Rights Commission took the view that section 75 needed to be amended to be consistent with the proper application of the covenant. The answer of course is that they do not take that view. They viewed it perfectly possible for the two things to be applied, and I know that because I had a meeting only this afternoon with the chief executive of the Equality Commission for Northern Ireland to discuss that very point. I further cite the view of a former Defence Minister, the right hon. Member for Hemel Hempstead (Sir Mike Penning), who has said that 93% of the armed forces covenant is being applied equitably in Northern Ireland.
I finally point to the view of the Northern Ireland Affairs Committee, because although we have not debated this issue in the House for four years, there was an excellent report by the Committee under the chairmanship of the hon. Member for Tewkesbury (Mr Robertson) that went into this issue in great detail. It assessed it and took a huge amount of evidence from all the bodies involved, and came to the conclusion that there are undoubtedly areas where specific policies applied in Great Britain are not implemented in Northern Ireland for the reasons I have mentioned—the legal, administrative, political and security differences—and other areas where there should be improvements, such as around access to IVF and mental health. I would be intrigued to know whether the Minister has anything to say about the changes to IVF cycles and the availability of them to former armed forces veterans, because the Government have previously promised to look at Northern Ireland versus elsewhere in that regard.
Conor McGinn
I have been robust in this House in my defence of the Good Friday agreement, and very occasionally my interpretation of it is slightly different from that of my hon. Friends from Northern Ireland, but on this matter I am very clear: not only is there not a contradiction between the full implementation of the armed forces covenant in Northern Ireland and the Good Friday agreement, but the logical outworking of the spirit of the Good Friday agreement is that veterans, their families and serving personnel are looked after.
Owen Smith
Of course, and equality is central to the Good Friday agreement, which is why it is so important that the armed forces covenant, which makes it clear that no armed forces personnel or their families should be in any way disadvantaged by virtue of their currently serving in, or having been in, the armed forces, must not in any way be out of keeping with the application of equalities legislation—section 75 in particular—which is absolutely critical to the underpinning of the Good Friday agreement. That is why I am so pleased to hear the Minister repeat the Government’s view that they do not think there is any need to amend section 75 because they believe the two things are entirely reconcilable.
Lady Hermon
Given the hon. Gentleman’s obvious support—and, I take it, his party’s support—for the military covenant throughout the United Kingdom and indeed for community covenants, I am curious about what is said when he meets representatives of Sinn Féin; I am quite sure he meets Sinn Féin MPs when they visit Portcullis House and Westminster, although they do not take their seats here. How often has the hon. Gentleman raised the military covenant and urged Sinn Féin to show more respect for the military covenant and the community covenant?
Owen Smith
I do, obviously, regularly meet all the political parties in Northern Ireland, including Sinn Féin, and I have raised the question of the military covenant and the perception that insufficient respect is paid to members of the armed forces in the way in which the community covenant in particular is applied, and I will continue to raise that in my conversations with Sinn Féin.
In conclusion, I shall refer the House to a few important remarks made in evidence to the Northern Ireland Affairs Committee on this question. It had much greater opportunity to debate this issue at length. One of those important pieces of evidence came from the former Northern Ireland Executive Minister Edwin Poots MLA of the Democratic Unionist party. He said that he took the view that
“no one is supposed to be treated better, and indeed, no one is supposed to be treated worse. Army personnel will not then be treated any worse than anybody else”,
making it clear that the point about the covenant is to guarantee that there is no disadvantage to armed services personnel in Northern Ireland or elsewhere.
Sir Jeffrey M. Donaldson
I thank the shadow Northern Ireland Secretary for giving way. I appreciate his comments. May I quote from a letter dated 15 December 2016 from the most recent Health Minister in Northern Ireland, Michelle O’Neill, who is now the leader of Sinn Féin in Northern Ireland? She wrote:
“The Armed Forces Covenant has been adopted by England, Scotland and Wales, to provide equal access to health care where it can be linked to military service, serving personnel, their families and those who leave the Military Forces. The Covenant has not been adopted here”—
meaning Northern Ireland—
“as health care arrangements are delivered on an equitable basis to all members of the community.”
That is a clear reference—I asked the Minister about this—to section 75. With the greatest of respect to the shadow Secretary of State, Sinn Féin’s view is that the armed forces covenant has not been adopted and that section 75 excludes its implementation.
Owen Smith
I can say with equal clarity to the right hon. Gentleman that the leader of Sinn Féin in Northern Ireland is wrong in that regard, because the armed forces covenant has been adopted in Northern Ireland and should be implemented. The Opposition are clear about that.
Owen Smith
I will give way one more time and then draw my remarks to a conclusion.
Emma Little Pengelly
I feel the need to say strongly that the armed forces covenant has not been formally adopted in Northern Ireland. I was a special adviser in the First Minister’s office, working with Executive colleagues, and I sat down with and repeatedly asked Sinn Féin for the covenant to go on the Executive’s agenda and for it to be agreed. Sinn Féin refused time and again, not for any logical reason and not on the basis of equality, but due to its historical opposition to the British armed forces. I sat there and had those conversations. The armed forces covenant has not been formally adopted in Northern Ireland.
Owen Smith
The point is that this is clearly a politicised and, at some level, a political issue. Clearly, points are being scored on both sides of the divide in Northern Ireland. The key point I want to make is that the Government’s view, which we share, is that—
Owen Smith
I am going to draw my remarks to a conclusion. The point is that 90% or so of the covenant is being applied properly in Northern Ireland, but there are some gaps. I have raised some with the Minister, and the right hon. Member for Lagan Valley has raised others. Mental health needs to be considered in particular.
In practical terms, the view expressed repeatedly to the Northern Ireland Affairs Committee when it assessed the situation is that the reality is that no material disadvantage is being suffered by veterans in Northern Ireland. In support of that conclusion, Colonel Richard Gordon of SSAFA said to the Committee that he did not think that there any disadvantages to the armed forces community in Northern Ireland in respect of the covenant, and Brian Maguire of the Royal British Legion said:
“I cannot point to a single case, in all the cases we have dealt with in our time, where I can say for sure that the individual would have been better treated had they been living elsewhere in the United Kingdom.”
The right hon. Member for Lagan Valley mentioned what an important institution the Royal British Legion is in Northern Ireland and elsewhere, and I completely support him. Alongside SSAFA, it is one of the most important organisations providing support to veterans, and it does not support the conclusions that he drew in his remarks. The Royal British Legion supports the conclusions that I draw, and we need the covenant to be implemented properly. I therefore support the Government in not changing section 75, because it is entirely consistent with the application of the covenant to Northern Ireland.
David T. C. Davies (Monmouth) (Con)
I welcome this debate and the speech of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). It was hard to disagree with anything that he had to say, because he reminded us of the sacrifice of veterans across the UK, including in Northern Ireland. When we think about veterans, particularly on the mainland, we often tend to conjure up visions of either those brave warriors who defended us during the second world war, many of whom I am glad to say are still with us, or the younger men and women who served more recently in Afghanistan and Iraq. We sometimes tend to forget about the many other conflicts in which we have been involved, such as Korea, the Falklands, Bosnia and, of course, Northern Ireland. I am not an expert, but that must have been one of the most difficult experiences of all, because many of the reservists to whom the right hon. Gentleman referred were living with the threat of violence 24 hours a day, seven days a week, 365 days a year.
There are people in this House who have served on frontlines around the world. I have never done so, but I imagine that being on active service must be incredibly stressful. Once that six-month tour of duty finishes, however, perhaps people can start to relax again, but that was not the case for so many people in Northern Ireland, particularly those who lived there. We have a particular debt of gratitude to all of them and to the right hon. Gentleman for raising the issue.
I feel very strongly about this issue. I am the Chairman of the Welsh Affairs Committee, which initiated an inquiry into the care of veterans in Wales and looked at the armed forces covenant. I believe that the hon. Member for Pontypridd (Owen Smith) was a member of the Committee at the time, so he will be aware of the report. It was a good report, because it showed that good practice was going on across the whole of the United Kingdom. There is no room to make any political points in that regard. We visited Scotland and met Keith Brown, a Scottish National party Member of the Scottish Parliament who is himself a former member of the Royal Marines. He spoke about the very good work that was being done in Scotland. Local authorities in Wales, led by all political parties, also support the armed forces covenant. We heard evidence from the then Labour Minister, and since then we have heard positive statements from the current Labour Minister, Mark Drakeford. A lot of good practice is going on across the United Kingdom.
I will briefly remind Members of some of our report’s conclusions. We thought that the one-stop shops for veterans in Scotland were an extremely good idea and that they could be considered in Northern Ireland and Wales. We heard evidence that those who had been moving around on service were sometimes disadvantaged when making an application for social housing. We heard about veterans experiencing problems getting paperwork transferred from the Ministry of Defence to their NHS. I say “their” NHS because there are, of course, four different ones across the United Kingdom, which can add to the problem. I hope that the Minister will look at that. People also have problems getting their children into school because they do not live in the catchment area. For those and many other reasons, it is very important that we implement all aspects of the armed forces covenant right across the United Kingdom.
I have a few, not complaints or criticisms, but thoughts. I do not want them to be seen as in any way critical of what the Government are doing, because overall I think they are doing very well. There were three things that worried me a little when we undertook that inquiry. The first is the definition of “veteran”. Under the current terminology, I could define myself as an armed forces veteran, having spent about 18 months in the Territorial Army in the late 1980s, during which time I am afraid I did not do anything of any great note, other than run around the Brecon Beacons on a Sunday evening and enjoy a cheap pint afterwards. Yes, it is a worthy enough thing to do, but at that time there was no suggestion that the TA would ever be called up to active service, as is now the case.
People who spend a few months in the Army, perhaps without even completing their basic training, can come out and call themselves veterans. I am not really comfortable with that—I do not think that it is absolutely right—although it would be rather difficult to pin down an exact definition, because there are people who have spent less than 12 months in the Army who may have been on active service, and they certainly should qualify. Perhaps we need to think about that.
Secondly—this came to me partly because of the definition issue—I am concerned about some of the charities currently working with armed forces veterans. I hasten to add that I do not mean those mentioned by hon. Members today, including the Royal British Legion, Combat Stress and SSAFA, which are excellent charities. I have certain concerns, however, about some that have been set up by people who are well-meaning but who do not have the relevant experience, and I am afraid that others have been set up by people who are trying to cash in on public support for the armed forces. I am currently involved in what could become a criminal prosecution, having challenged people who were in combat clothing—one of them had spent a few months in the Army and the other had not—who had links to an unpleasant, so-called far-right organisation, and who were collecting money in my hometown of Monmouth during the remembrance period. I am very concerned that some organisations that are setting themselves up as charitable concerns for armed forces veterans may have sinister connections to extremist political groups or may simply be trying to make money—or some combination of the two. That needs to be looked at, and I am not certain the Charity Commission and Cobseo are doing enough to crack down on it.
My other concern goes back to the definition of “veteran”. We rightly use that term to define anyone who has served in any branch of the armed forces, but other people, particularly in Northern Ireland, also ought to qualify. Obviously, I refer to members of the Royal Ulster Constabulary, but I also refer to the forgotten service—those who have worked in the Prison Service. They also face and have faced violence and intimidation on a regular basis, and would be worthy of some of the care we are suggesting should go to members of the armed forces.
I do not want to make any criticisms of any Government or any political party in this debate. I welcome the fact that the right hon. Member for Lagan Valley has secured it, and I hope that all the issues he has raised today will be properly addressed by the Government. I am confident that with today’s two Ministers, both of whom have very relevant experience of the armed forces, those concerns will be addressed.
Carol Monaghan (Glasgow North West) (SNP)
I congratulate the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on his passionate, knowledgeable speech, which kicked off this afternoon’s debate. I declare an interest: my husband was an officer in Her Majesty’s Royal Navy. I have mentioned that many times before, but I probably have not mentioned that he is an Ulsterman.
Carol Monaghan
He was a very special Ulsterman.
The armed forces covenant is a statement of the moral obligation that exists between the nations of the UK, the Government and the armed forces. It was enshrined in law for the first time in 2011. Specifically, it outlines two core principles. The first is that current or former members of the armed forces, or their families,
“should face no disadvantage compared to other citizens in the provision of public and commercial services.”
The second is that:
“Special consideration is appropriate in some cases, especially for…the injured and the bereaved.”
However, as the Armed Forces Act 2011 does not create legally enforceable rights for service personnel, across the UK it remains a statement of intent rather than a statement of action. It is a statement of intent to which members of the armed forces have no recourse, so we are letting service personnel down.
The right hon. Gentleman described the particular culture that prevents members of the armed forces and veterans in Northern Ireland from identifying themselves. I have experienced that personally when visiting Ulster with my husband and having to check under our car for devices, so I appreciate the situation we are talking about. The right hon. Gentleman described in some detail the fact that although many charities work with veterans in Northern Ireland, a lack of funding and a lack of transparency in some places with the veterans means there are serious issues. However, I believe this is part of a wider problem across the UK.
We welcome the progress that has been made with the new ministerial covenant and veterans board. In recent years, society has become far more aware and more understanding of the effects of military service on the health, mental and physical, of those who choose to serve, and on their relationships with their families and communities. However, it must be recognised that for veterans in Northern Ireland very particular circumstances apply, and for local councils to show reluctance to fully implement the armed forces covenant is simply letting these veterans down.
Veterans are an asset to society, and they deserve our thanks respect and support. In Scotland alone, every year approximately 1,800 men and women complete their military service and settle in our communities, many with their families. We have an ambition to make Scotland the destination of choice for service leavers and their families. For almost a decade, the Scottish Government’s Scottish veterans fund has made a real difference to the lives of the armed forces community in Scotland and has provided £1.1 million to a host of veterans and ex-service charities that offer advice, help and support. There is no doubt that that lead should be followed by other UK nations.
In Northern Ireland, there has been long-standing criticism of the lack of implementation of the armed forces covenant. We are of course all sensitive to the tensions that still exist in parts of Northern Ireland, particularly in respect of the Army, but that must not be used to avoid providing the service that personnel and veterans deserve and require. While I am talking about tensions, I wish to mention the outstanding work that has been done to break down barriers in respect of policing in Northern Ireland. The transition from the Royal Ulster Constabulary to the Police Service of Northern Ireland has enabled the police in Northern Ireland to have a more inclusive outlook and to be widely accepted in every sector of society.
Members of the republican nationalist community serve with distinction in the RAF and the Royal Navy. For some, though, the Army is still viewed with suspicion. A recruitment drive aimed at alienated communities would undoubtedly improve diversity and community representation in the Army. With movement on this issue, I believe that cross-party support for personnel and veterans would increase—that is, of course, if power-sharing is ever restored.
Much of this debate goes beyond Northern Ireland. What makes this issue infuriating is the voicelessness of personnel and veterans. We believe that personnel should be properly represented in the military and among defence policy decision makers. An armed forces representative body that is on a statutory footing is the norm for many other countries, including Ireland, the Netherlands and Germany. Such a representative body would give voice to our armed forces and would be able to liaise directly with the Government and ensure that personnel and veterans throughout the UK are central to defence thinking. That would be a major step forward for personnel across the UK and would give a much stronger voice to veterans in Northern Ireland.
The UK Government should honour the armed forces covenant tenet of “no disadvantage”. The covenant commits the UK Government to removing, where possible, disadvantage experienced as a result of service, and that includes for serving personnel and veterans in Northern Ireland.
Douglas Ross (Moray) (Con)
I congratulate the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on bringing this debate to the House. I agree with the Minister for the Armed Forces that the right hon. Gentleman’s speech was passionate and thoughtful, and I enjoyed sitting through it. He was correct to pay tribute to the reserve forces in Northern Ireland, and I pay tribute to those in the reserve forces throughout the United Kingdom. He also mentioned how the Royal British Legion in Northern Ireland raised more money for the poppy appeal than any other part of the UK. I took that as a challenge, because we Scots do not like to be beaten at many things, so perhaps in future the Royal British Legion in Scotland will engage in a bit of healthy competition with its Northern Ireland counterpart.
The hon. Member for North Down (Lady Hermon) mentioned the sparse attendance in the Chamber today. If I exclude myself, perhaps I can suggest that what is important is quality rather than quantity. At least every part of the United Kingdom has been represented in the debate, which is very positive.
The hon. Member for Monmouth (David T. C. Davies) spoke about his Welsh Affairs Committee’s visit to Scotland and the work it did there. He was right to highlight the good work that is being done in Scotland. I will focus my remarks on the good work that is done both Scotland-wide and particularly in Moray.
The armed forces covenant is taken very seriously in my constituency, which has had a significant military footprint for many decades. Like other speakers so far in this debate, I want to put it on record that our personnel and our veterans do outstanding service. We in this place should never tire of highlighting and praising what they have done and continue to do for their country.
I was delighted when, in October last year, Jo Lenihan was appointed armed forces covenant development officer serving the Moray and Highland military communities. Moray and Highland Councils are to be congratulated on joining forces to secure the post, which is funded by the Ministry of Defence’s covenant fund. As the hon. Member for Glasgow North West (Carol Monaghan) said, the covenant is to fulfil the Government’s promise to those serving and those who have served that they and their families are guaranteed to be treated fairly.
As Members will know, Moray has provided a home to the 39 Engineer Regiment at Kinloss barracks since 2012, when the Army took over the base from the RAF. Further east along the coast, RAF Lossiemouth is one of the UK’s two RAF quick reaction alert stations. It is the base for three Typhoon combat aircraft squadrons and an RAF regiment. From 2020, Lossiemouth will also be the host to the new P-8 Poseidon maritime patrol aircraft operated by two historic squadrons: 120 squadron was originally an anti-submarine unit in world war two, while the origins of 201 squadron date back to the first world war.
I will focus my remarks in today’s debate on the incredibly strong links between the armed forces community and the wider community in Moray, and that is what Jo Lenihan is working hard on to strengthen even further. [Interruption.] I am sorry, Madam Deputy Speaker, but I was not sure whether you were confused by what I was saying.
Madam Deputy Speaker (Dame Rosie Winterton)
I am sure the hon. Gentleman is aware that this debate is about the armed forces covenant in Northern Ireland. He is probably making the link between Moray and Northern Ireland, but I am sure that he will want to focus back on the subject of this debate.
Douglas Ross
Absolutely. I will take the hint, Madam Deputy Speaker. Whenever a referee looks confused at you, you know there is something wrong. I take that glare in the way that it was intended. What I hope to do in my short remarks is to explain how successful our covenant has been in Moray and why I understand that DUP Members want that success to be replicated in Northern Ireland.
In Moray, the links begin with the youngest members of our community—I hope that that can be replicated in Northern Ireland. Only a week ago, 39 Engineer Regiment hosted pupils from Forres Academy and Kinloss Primary School.
Angus Brendan MacNeil
Let me help the hon. Gentleman relate his speech to Ireland. The original derivation of the word “Elgin”, which is in his constituency, is actually “little Ireland”. So there you go—some help there.
Douglas Ross
I have been in this place for about nine months and that is the first helpful contribution that I have had from a Scottish National party Member. It may be another nine months or nine years before another one comes along, but it is great to have Elgin mentioned in this place.
We have also had 280 Moray schoolchildren attending a world war one centenary roadshow run by a national charity. As in other parts of the country, armed forces personnel also make huge contributions to many voluntary organisations. It is important that we remember that, when the original armed forces community covenant for Moray was signed in 2012, that was when we welcomed the Army to Kinloss barracks. As a sign of our commitment in Moray—again, it would happen in Northern Ireland—that was re-signed in October 2016. It is important to quote the words that were said by the then convenor of Moray Council at that time, because it sums up what the armed forces covenant means in Moray, Scotland and across every part of the United Kingdom. At that signing ceremony, he said:
“This is an auspicious day for Moray. Senior representatives from all the public sectors in Moray and the military have come together to declare our continued support for the close ties and friendship between the armed forces at our two bases and the communities… The armed forces covenant is tangible proof of how our armed forces and everyone in Moray are all part of the same community, helping and supporting each other.”
That is what we want in every part of the United Kingdom.
The bonds that link our service communities in Moray with the wider area have always been strong, but the armed forces covenant has strengthened them even further. That is why I support the motion tabled by the DUP today. It is right that we recognise the valuable contribution to our armed forces of the men and women from Northern Ireland, including some of the best recruited reserve units in the UK. The final words of the motion are the most important: that this House
“reaffirms its commitment to ensure that the Armed Forces Covenant”—
which we enjoy in Moray and in Scotland—
“is fully implemented in Northern Ireland.”
David Simpson (Upper Bann) (DUP)
It is a privilege to follow the hon. Member for Moray (Douglas Ross). His assessment was very interesting, and I was glad when he managed to get Northern Ireland into his speech, even though he had to get some help from the SNP. Everybody has their problems.
Our present day Government have a duty of care, and of course admiration, for each and every member of Her Majesty’s armed forces. Within their remit, it is vital that care and support is given to those who continue to live with the scars and the pains of bygone conflicts. In Northern Ireland, of course, we are all too aware of the pains of battle and what members of the armed forces faced during the years of struggle against the republican army. The military covenant is a real and genuine opportunity for the Government to show their gratitude to all who fought for the cause. Our nation has a moral obligation of support to our military members, and I am proud to say that right across the United Kingdom, people are continuing to fulfil that obligation.
In my constituency of Upper Bann, we had many losses over the years. From the 11th Battalion that was stationed in the constituency, we lost 16 soldiers. The Ulster Defence Regiment and the Royal Irish Regiment lost somewhere in the region of 205—the breakdown of that is 198 UDR and seven RIR—and 66 or 67 former members were killed, I think. In Northern Ireland 722 soldiers were killed by terrorists. Of course, on top of that we have members of the Royal Ulster Constabulary, now the Police Service of Northern Ireland, and other forces. Some 6,116 were wounded. As my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) pointed out, some 300,000 soldiers served over that period in Northern Ireland.
The House can understand in just how much affection the people of Northern Ireland and the people on these Northern Ireland Benches hold our Crown forces today. Over the many years of troubles in Northern Ireland, the men and women of Ulster were never found wanting when it came to donning the uniform of the Crown forces. They knew duty had to be done, and they did it to defend the whole of the United Kingdom, right across the United Kingdom including, of course, Northern Ireland, with the troubles, but also even further afield, into Afghanistan and Iraq, where many were traumatised over the years.
Let me remind the House that there are Members of Parliament who disregard this covenant and have absolutely no desire to see its full implementation in Northern Ireland. Despite their objection, Sinn Féin cannot build the courage to stand before us in this Chamber and explain exactly why. That attitude fails to represent the voices of constituents who support the covenant and it fails to fulfil the overall obligation that we have to support our servicemen and women.
One key area of the covenant that I want to draw attention to is the importance of transition. I am sure that other hon. Members will touch on it; some have already done so. I have no doubt that this House recognises that the transition from service back into civilian life is a process that can often pose mental barriers for both the serviceman or woman and their family. Support for mental health care patients is a key issue that I have sought to address in my constituency of Upper Bann.
It never ceases to disturb me when I hear some of the stories of those who are struggling with mental illness. Across Northern Ireland, we face ever increasing numbers of mental health cases, and our healthcare professionals and support organisations are struggling to meet the demand, as we heard earlier. However, an ever greater concern is the many patients who think they can deal with their mental health problems and attempt to provide their own remedy of recovery. As we all know, this can often lead to dangerous, harrowing and tragic circumstances.
Many of our heroes will finish their service without physical injury or long-term damage, but in the months and years ahead, the scars and reality of battle can so often return with even greater effect. If fully implemented, the covenant would provide the training, education, healthcare referrals and appropriate career support for all those going through that transition period.
In closing, and on behalf of my constituents in Upper Bann, I re-emphasise my support for the full implementation of the armed forces covenant. I appeal to the Government to honour their commitment of care to the servicemen and women who have given so much for this nation. It was mentioned that about 90% of the covenant is implemented. It has not been implemented in full in Northern Ireland as it has been in the rest of the United Kingdom. There is a point of principle here. Why are the servicemen and women who have sacrificed so much over the years in Northern Ireland being discriminated against, as British citizens, when every other part of the United Kingdom has the armed forces covenant? I hope and trust that in the not-too-distant future we will see it implemented in full.
Paul Girvan (South Antrim) (DUP)
It is a great privilege to speak this afternoon on a motion brought forward by my party. I feel honoured to do so, but we must also remember that, as has already been stated, 763 members of the military lost their lives during Operation Banner in Northern Ireland. More than 300 members of the RUC also lost their lives, with 6,116 injured—that is, physical injuries, never mind the tens of thousands suffering from mental illness that has occurred because of what they went through, along with their families, who probably suffer equally.
As has been stated, the difficulty we have in Northern Ireland is that there are those who oppose the full implementation of the armed forces covenant. They are not just the enemies of Northern Ireland, but the enemies of Great Britain. They are the people who would rejoice in and commemorate the killings, 30 years ago this month, of two soldiers, Corporals David Howes and Derek Wood, by the IRA during a campaign to do with the hunger strikes. That was a marked point in the history of Northern Ireland. The same people who would condone those people do not seem to recognise that those who were killed in Gibraltar got—I will use the term—their just deserts. Those who were there as enemies of the state were taken out by those who deemed that they there to create havoc. I can tell you, those are the enemies of Ulster.
There are families who have not been recognised, nor had the opportunity to access services, not just in housing but in healthcare and everything else. Many areas need full implementation, and one of them relates to vacant property. Many men went away as reservists, serving their Queen and country in Afghanistan and Iraq, and still had to pay rates on the properties that they occupied. That is not the case in the rest of the United Kingdom. Those areas need to be brought in line.
I do not believe that we as a country go far enough even in recognising our military. When I am in the United States, I see with pride the way they treat their military and those who have served their country. They learned their lesson after the Vietnam war, when men came back and were treated as outcasts. We as a country need to learn from what has happened in the United States. People there have turned a corner; they recognise their military. They make it evident that they appreciate what the military have done for their country. Military personnel do not go to the back of the line; they come to the front.
It is vital that we do not put these people to the back of the line. As my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) said, those who are waiting on medical treatment and have to come across to the United Kingdom for treatment because of their injuries are not getting preferential treatment. I have a friend who lost both his legs in Afghanistan. Unfortunately, when he has to come over for treatment, he has to pay for his journey across. That needs to be looked at. As a country, we should be proud to go the second mile. We should not just state that we have a military covenant, but should go the second mile and give the military preferential treatment.
I disagree with what some people are saying, because section 75 of the Act implementing the Belfast agreement was to protect minorities. An amendment was made to it that includes the word “Travellers”—I stand to be corrected, but I believe that Travellers get a special mention in section 75. Lord Ashcroft did a review into the military in 2014, and I want to see the military and those who served within our security forces in Northern Ireland get the same recognition, with the same amendment made for them.
I see the House as widely united on this issue. It is great to see that we have brought a little bit of civility between the SNP and the Conservatives. Let us see if we can foster that and move it forward. I am probably not speaking to the converted, but we will try our best. It is great to see that our motion has the support of the House. Let us bring forward in Northern Ireland a full implementation of the armed forces covenant.
Emma Little Pengelly (Belfast South) (DUP)
I rise to support the motion and am very grateful for the opportunity to do so. I welcome the fact that the Democratic Unionist party leader, the right hon. Arlene Foster, has been able to join us to observe the debate.
Emma Little Pengelly
I think I have literally chased her away, unfortunately.
Northern Ireland, as a number of Members across the House have outlined, has a long and proud record of service in our British armed forces. I wish to add my voice to all those in the Chamber who have paid tribute to that service and sacrifice by so many. Indeed, not only Northern Ireland but pre-partition Ireland had a very proud record of those who served in our British armed forces from across both communities.
In my maiden speech, I referred to one of those men: my own great-grandfather, James Sandford, who, coming from pre-partition Ireland, fought at not only the Somme but Messines and was injured in Ypres—shot in the chest—and survived. I also would like to refer to my grandfather, Joseph Little, who served during world war two and was one of the men evacuated off the beaches at Dunkirk.
I mention those details first because I am incredibly proud of my family history and my grandfather and great-grandfather and all those who served, and secondly because it took me until this stage in my life to take a look into the details of my ancestors’ service. It is incredibly important for not only my generation but younger generations to take time to look into their family histories and learn about the incredible service that these people put in to defend our democracy and the great United Kingdom over the years.
I understand that, as has already been mentioned, Northern Ireland has the highest number of soldiers per head of population in any part of the United Kingdom. We contribute disproportionately to the British armed forces, and I am incredibly proud of that. It is not just about the money raised in the poppy appeal and the incredible things that people do on the ground to raise that money, it is about that disproportionate contribution to the armed forces. We are very proud of that fact at all levels across Northern Ireland.
In our work on the armed forces covenant, we have estimated that the combination of the higher proportional contribution to the British armed forces with Operation Banner, the presence of security forces in Northern Ireland and recruitment to the UDR, including the part-time UDR, means that approximately a third of all people in Northern Ireland had served in some capacity, were an immediate family member of somebody who had served or were a grandparent or grandchild of somebody who had served. That is an incredible statistic when we consider that Northern Ireland is still a divided society, where the vast majority of the volunteers—those who go into the reserves or the armed forces—are from one side of the community, although I welcome the fact that that is changing and we are seeing interest from both sides.
Sir Jeffrey M. Donaldson
My hon. Friend provides me with an opportunity to recall a visit I made to Camp Bastion in Helmand province in Afghanistan—we were visiting the First Battalion the Royal Irish Regiment, which was on operational deployment. I met soldiers from Cork, Limerick, Waterford and Dublin who were serving in our armed forces. I have to say that they had the Irish tricolour on display alongside the Ulster banner, demonstrating that people from both traditions serve in the UK armed forces, which we very much welcome.
Emma Little Pengelly
I thank my right hon. Friend for that intervention.
In my constituency of Belfast South, not only do we have many people who have served and continue to serve, but two units of the reserves are based there: on Sunnyside Street, there is a unit of the Army Medical Services—253 (North Irish) Medical Regiment—and on Hospital Road in Hydebank we have A Squadron of the Army Medical Services, 204 (North Irish) Field Hospital. I pay tribute to all the reserves who serve in that way. I know that many of them have incredibly stressful and busy full-time jobs, but they still find the time to join the reserves and to serve, providing the incredibly valuable expertise in the medical field that, sadly, is so necessary at times. It is an incredible thing that they do, and I pay tribute to them.
I want to focus on the outstanding issue of the application and implementation of the armed forces covenant in Northern Ireland. Many in this House are fully aware of the particular challenges, which have been discussed many times, facing our armed forces personnel not only when they are serving but particularly when they leave the armed forces. That is of course the same for those in Northern Ireland, but I want to pick up on two issues: the educational challenges facing the families of serving armed forces personnel, particularly their children; and mental health.
In Northern Ireland, as in the NHS across the UK, services are under huge pressure. We all know why, and we have heard many of the reasons for that. Sadly, however, in Northern Ireland we have had decades of historical underfunding, particularly for mental health services. Yet along with that historical underfunding, we have particularly high and growing levels of mental health needs. Indeed, I understand that we have the highest levels of mental health challenges and needs across the UK.
We have examined the challenges facing Northern Ireland, and we know that some groups are proportionally more likely to face mental health challenges during their lifetime. They include people who experience poverty, particularly transgenerational poverty, and young lesbian, gay, bisexual and transgender people. In addition—this is particular to Northern Ireland—there are the victims of the troubles and those who serve in the armed forces. The point I am trying to put across is that mental health is a particular challenge for Northern Ireland because we have higher numbers in both those categories.
In relation to victims and survivors, some of the areas that suffered most acutely during the troubles were urban, built-up areas. The constituency of my right hon. Friend the Member for Belfast North (Nigel Dodds) had the highest number of shootings and murders during the troubles. A huge number of people were impacted by that. We know from the evidence that people who lived in close proximity to those things, or who were directly impacted by them because they or a family member was the victim of violence, tend to have significantly higher levels of mental illness. There is a need to do more for victims of the conflict, and we are looking at that.
Connected to that, many of the victims were people who served in the armed forces. As my colleagues have outlined, a significant percentage of the victims served in the likes of the part-time RUC, the RUC, the part-time UDR and the British armed forces. Although we try to deal with some of that in Northern Ireland through our victims and survivors provision, we need much higher levels of mental health provision because of our armed forces personnel.
Nigel Dodds (Belfast North) (DUP)
I am grateful to my hon. Friend for the reference she made to my constituency, the legacy of the troubles and the service of so many veterans over the years. One reason why we have such high rates of mental health problems and suicide in Belfast, and north Belfast in particular, is the legacy of the troubles and the service of so many and what they have gone through. I am very grateful to her for highlighting that issue.
Emma Little Pengelly
I thank my right hon. Friend for that intervention.
The higher levels of victims and armed forces personnel in Northern Ireland put particular pressure on our services, in particular the NHS in Northern Ireland, which in turn has an even greater detrimental impact on soldiers who are just coming out of the armed forces now, who are trying to cope with a range of challenges from depression right through to post-traumatic stress disorder. A number of pieces of research have been commissioned that indicate that the incidence of post-traumatic stress disorder is considerably higher in Northern Ireland and that the rate of those who suffer from it is much higher among those who served in the troubles or who have recently left the armed forces. That is incredibly challenging for our health service to deal with.
I also want to touch on education. I want to pick up on how the lack of the full implementation of the armed forces covenant has a detrimental impact in Northern Ireland. I was in the Northern Ireland Assembly before I came to this place, where I created and chaired the all-party group on tackling educational underachievement. One category we looked at that faced particular challenges was the children of serving armed forces personnel or those who had recently left the armed forces. That was due to a number of factors, such as the frequency of moves between different schools and young people coming into school as a late starter or late restarter.
That is why I want to make reference to the comments of the shadow Secretary of State for Northern Ireland. I care deeply about trying to make sure that those young people get full support, along with a number of other categories, such as young people on free school meals. It was absolutely clear from the research that those young people suffered disadvantage. In spite of that evidence, I could not get Sinn Féin to agree to implement the armed forces covenant and take action on these matters. The shadow Secretary of State for Northern Ireland referred to political point scoring. I do not say things to score political points, but I will always stand up and call out those who are in the wrong. It was absolutely wrong for Sinn Féin to refuse to implement the armed forces covenant at Executive level and to refuse to implement the community covenant at local council level where it has the power to veto. We need to be absolutely accurate about this, because that is exactly what is happening. Some Departments and agencies are clearly indicating that they are going ahead with implementation and are trying to support people in recognition of the objective needs of our armed forces personnel, but setting a policy of the formal adoption of the armed forces covenant would send a clear message across all levels of government.
As I indicated earlier, I had the privilege of working as a special adviser at the heart of government for almost 10 years. I sat on many cross-departmental and cross-agency boards, project boards and programme boards, looking at the development and implementation of policy. The biggest barrier to the effective implementation of policy and the effective dealing with identified problems was the lack of a clear policy on a top-down basis.
Nigel Dodds
My hon. Friend is making a very eloquent and powerful speech. Would it not be incumbent on the shadow Secretary of State to correct the record when he said that the armed forces covenant had been adopted in Northern Ireland? He did not respond to that point earlier and it would be good if it was put on the record.
Emma Little Pengelly
I thank my right hon. Friend for that intervention. I hope the shadow Secretary of State will take that opportunity, having accused anybody who has tried to stand up, and say very clearly, “I was there, I have had those conversations.” This is not about attacking Sinn Féin. This is not about political point scoring. This is about calling people out. It is a fact that we could not get it implemented at Executive level, so it was never formally adopted. Where individual Departments, individuals or agencies wanted to implement it, they did so, but there was no broad adopted policy to ensure that it happened. There was no accountability in relation to that.
Another point worth mentioning briefly relates to the community covenant. Again, this is a fact and I ask the shadow Secretary of State to take a look at it. Where there is a Sinn Féin-dominated council, Sinn Féin refuses to adopt the community covenant. That means there is a differential in terms of impact. There is a variation in the policy set to officials and others who implement policy.
Mr Speaker
The hon. Lady is addressing the House with considerable eloquence, but I express the cautious optimism that she is approaching her peroration.
Emma Little Pengelly
Thank you, Mr Speaker. I am indeed.
In conclusion, despite what we have heard about the good work by third sector organisations, some councils and some Departments, clear policy needs to be set down at all levels. That has not happened and we want it to happen. We will continue to ask the Government to intervene to make sure that there is the full adoption of the armed forces covenant as soon as possible, so that no matter where our armed forces personnel live across the United Kingdom, they can receive the full protections and support they need.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
I have listened to the debate with great interest. I compliment the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on a most interesting opening speech.
I hope I will not try the patience of Ulster Members by talking about Northern Ireland, but, as I have told Members before, my wife comes from the city of Armagh, very near the border with the Republic. We were married in the darkest days of the troubles. Sadly, the thump of bombs and the crack of high velocity weapons is, even as a highlander, no strange sound. A number of friends of my wife’s family were killed in the troubles and both her brothers, as I have told this Chamber before, served in the UDR. The hon. Member for Glasgow North West (Carol Monaghan) talked about shining a torch under the car to check for a bomb. That brought back a memory of asking one of my brothers-in-law what on earth he was doing as he did just that and he replied, “Looking for a bomb.” When sitting in the passenger seat beside a man like that and he turns the engine on—I actually put my fingers in my ears, because I was not sure whether I was about to meet my maker. The hon. Member for Monmouth (David T. C. Davies) talked about the strain and that is exactly what it was all about. It was tough going. These were brave guys and girls who did their bit for their country.
Just to lighten up slightly, let me share two anecdotes. First, I remember when as a foolhardy young married man, I went exploring into south Armagh, which was bandit country, and inevitably, I got lost. Very near the County Monaghan border with the Republic, I remember noticing something lying beside the road—this wee lane, in fact—and I got out and examined it. It was a circular disc of aluminium with spikes coming out of it. I then realised that it was the bottom of what had obviously been a practice churn bomb that had been exploded in a remote part of County Armagh.
Again, perhaps for the amusement of the House, I will regale hon. Members with a tale about me and three other young people who were travelling from Armagh city to Omagh in County Tyrone on our way to a party. We were pulled up and stopped by a vehicle checkpoint, and an armed patrol of the UDR asked us to get out of the car. When I did, there were astonished looks for a start, and then they questioned me very closely about what on earth I thought I was. The trouble was that we were on our way to a fancy dress party in Omagh, and I was dressed—believe it or not—in tights and a large hessian sack as a haggis. That may or may not be in the annals of the deeds of the UDR.
The point I am making is simply that I knew the six counties of Northern Ireland at the height of the troubles. Today, I know Northern Ireland just as well, because my wife and I go there very frequently. What I see today is so different. I see the centre of Armagh city booming. I see Enniskillen—I am quite struck by this—in Fermanagh as a community that is really thriving. I can see all the shops doing well. I wish to goodness that some of our town centres in Scotland were doing as well as that, but that is for another debate on another day.
Of course, I give the armed forces absolute credit for what they did. It was a proud record. The point has been made about not forgetting the Northern Ireland Prison Service, the Royal Ulster Constabulary and all those whose lives were endangered during that time. My concluding point is that we have peace today, so in addition to the armed forces, we should recognise the contribution and the courage of those on both sides of the divide who brought about that peace process. Lastly, I was married two miles from the border with the Republic—I know all about hard and soft borders.
Jim Shannon (Strangford) (DUP)
It is a pleasure to do the winding-up speech in this debate. I congratulate my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) on setting the scene so well and on reminding us of the 300,000 people who have served in uniform since 1969. He also reminded us—we need reminding sometimes—that those people from Northern Ireland have served in Iraq, Afghanistan and across the world, so it is not just in Northern Ireland. He also mentioned post-traumatic stress disorder and the fact that the very high levels are much due to the 30 years of the troubles. He spoke about the need for veterans’ mental health and psychological problems to be addressed. The Royal Irish Regiment aftercare service also needs to be extended. He referred to the opportunities—equal opportunities and better opportunities —in housing, for victims and in education, health and employment, and he asked the Minister about the Government’s report and the appointment of a champion for Northern Ireland. We look forward to his answer.
The Minister for the Armed Forces, the right hon. and gallant Member for Milton Keynes North (Mark Lancaster), is still a reservist and is still serving in uniform. He is still fit enough to do so—I am afraid I am not, by the way—and it is good to know that he is totally committed to the armed forces. I gently remind him of my question from November 2016, when I referred to the armed forces covenant. He replied that 93% of the covenant was in place in Northern Ireland, but we need to see 100%. He also referred to the LIBOR funding and the good projects that come from that.
The hon. Member for Pontypridd (Owen Smith)—I am pleased that he is in his place—referred to the armed forces covenant and the support that he said he was giving for the military covenant. I remind him—I say this very gently and kindly to him—that we are not terribly happy about the comments that he made in our debate. I remind him that the former shadow Secretary of State certainly understood the issues relating to our commitment to the armed forces in Northern Ireland and the need for a full commitment. The next time he meets Sinn Féin, perhaps he will report back to the House and tell us exactly their thoughts on the need to have the armed forces covenant in place and fully part of what we are about. If he has time, he might also like to come and hear our point of view—I am not aware he has met the DUP parliamentary team in Westminster—and the quicker the better.
Owen Smith
I have, of course, met DUP Members, and I would be happy to do so again on any occasion the hon. Gentleman chooses. On the implementation issue, the reality is that the armed forces covenant does apply in Northern Ireland. As I said, there are some issues with implementation, but the semantic point that I think his colleagues were trying to make was that it was not fully endorsed by the Executive, for obvious reasons.
Jim Shannon
It is not about endorsement; it is about adoption and putting it 100% in place. That is what we want. I say gently to the hon. Gentleman that perhaps someday he will appreciate and understand what we are about.
Sir Jeffrey M. Donaldson
I respect the shadow Secretary of State and look forward to meeting him to discuss this issue, but there is nothing semantic about a veteran in my constituency who cannot travel for vital treatment because the Department in Northern Ireland will not fund his travel. That is not a semantic point; it is reality.
Jim Shannon
I thank my right hon. Friend for his intervention. Again, perhaps the shadow Secretary of State will grasp the cold reality at some stage.
The hon. Member for Monmouth (David T. C. Davies) referred to the service of everyone in Northern Ireland, whether in an Army uniform, in a police uniform or in the prison service, and we thank him for that—I showed him a text earlier from one of my constituents commending him for doing so. The hon. Member for Glasgow North West (Carol Monaghan) found it took an Ulsterman to win her heart. We are pleased that that happened.
Carol Monaghan
May I point out to the hon. Gentleman that he was a rich Ulsterman?
Jim Shannon
He was rich the day he married the hon. Lady. That is what riches are—not money—but that is by the by. We thank her for her comments. She clearly outlined local councils’ reluctance in Northern Ireland to fully commit to and implement the military covenant. We are very aware of that, and she has quickly become aware of it as well. She referred to the transition of policing initiative and the principle that there be no disadvantage to service personnel.
The hon. Member for Moray (Douglas Ross) mentioned that councils in Scotland had brought in the military covenant—so the job’s done—and asked why the Northern Ireland councils could not support each other, as should be the case across all parts of the United Kingdom of Great Britain and Northern Ireland. My hon. Friend the Member for Upper Bann (David Simpson) referred to the scars. Sometimes we need to think for a minute sometimes about the scars, the pain and the hurt there has been. He expressed that extremely well in reminding us of the nation’s moral obligation towards those who sacrificed so much for all in the community. He also mentioned how Sinn Féin had disregarded this Parliament.
My hon. Friend the Member for South Antrim (Paul Girvan) mentioned how proud he was to stand up for veterans and how his own family had been part of that. He also reminded us of the commitment in the US of A to veterans and of those who have lost limbs and sustained life-changing injuries. We have been reminded today of what that means.
My hon. Friend the Member for Belfast South (Emma Little Pengelly) mentioned how many of her family members had committed themselves in uniform to liberty and freedom and how incredibly proud she was of the armed forces. She also told us that one third of people in Northern Ireland had either served or had family members who had served. It is good to remember that sometimes. The Army units in her constituency remind us not only of the commitment of the reservists, but of that of the NHS whose personnel are allowed to serve in the reserve forces. We should never forget that.
The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) had the good fortune to marry a girl from County Armagh.
Jim Shannon
She was rich on the day she married the hon. Gentleman. That is the important thing.
I am very conscious of the timescale, Mr Speaker, and I am trying hard to stick to it. I must declare an interest, having served in the Ulster Defence Regiment for three years and in the Territorial Army for eleven and a half. I enjoyed every minute of my time as a part-time soldier.
My party has raised this issue before in the House, and it is of such grave importance to us that we will continue to raise it here until the contribution of our service personnel is recognised and respected in Northern Ireland in the same way as it is in the rest of the United Kingdom of Great Britain and Northern Ireland. We in Northern Ireland should have the same arrangement as Wales, Scotland and England. No matter what has been said in Europe, we are an integral part of the United Kingdom of Great Britain and Northern Ireland. My vote in this place is equal to that of every other Member, whether that Member is from Glasgow, Cardiff or London.
We are all equal here. We are all entitled to the same remuneration for our jobs. We are all entitled to the same support, including the support that is available to our families and our dependants. That is a given. Can you imagine the furore, Mr Speaker—I know it would annoy all of us here—if IT support, Library support and all the other support in the House were offered only to mainland MPs? Would we be mad? Of course we would. Can you imagine what would happen if we told the people of Brighton that the percentage of their housing benefit was different from the percentage paid in Bristol? There would be riots on the streets. We know all about riots in Northern Ireland, but I am sure that people in Bristol or Brighton would go mad.
Please will someone tell me why anyone thinks that it can be OK for there to be an armed forces covenant on the UK mainland and not in Northern Ireland? There is something seriously wrong with that. Is the sacrifice made by those in Northern Ireland not the same? Are their lives not worth as much? Are their families not deserving of support and care? Does the postcode lottery extend to serving soldiers and veterans from Northern Ireland? There is not one person here who could or should believe that, yet this is where we stand—still, after too many years of discussing the issue.
We are coming away from Europe, and it is hard. It is a slog, because we have the audacity to say that we wish to regain our sovereignty and make decisions for our people, as we are elected to do, instead of being financially taken advantage of by Europe and given little in return. Even in this, however, we do not have our own sovereignty. We are being held to ransom by members of a minority party who do not give the House the respect that it deserves by sitting in the Chamber. They do not take part in our debates, they do not take part in Committees, and they do not ask any questions. They do not take any role in this House . In return, instead of saying. “If you refuse to speak here, you cannot be heard”, we are being held to ransom, and they can do what they want.
I want to put on record my thanks to charities such as Beyond the Battlefield and the Royal British Legion. I think that if the shadow Secretary of State, the hon. Member for Pontypridd, visits my constituency, as other Members have, he will find that members of the Royal British Legion there are most perturbed about the armed forces covenant. I am sure that some day he will have an opportunity to talk to them face to face, and to listen to their point of view. Then there is SSAFA, in aid of which I organise a coffee morning every year. We have raised about £25,000 over the years for which I have been a Member of Parliament. A number of other charities are doing great work as well.
Education, health and roads in Northern Ireland are suffering because of the inability of Sinn Féin to maintain the political process in Northern Ireland. My constituency has a long and proud service history, with serving soldiers and veterans alike coming from Strangford. They are being disrespected and disregarded because of an abstentionist party. The members of that party cry for justice, but it is clear that their thirst is for vengeance against anyone who has worn a uniform or is perceived to be the enemy. They cry for openness and transparency while attempting to have convictions overturned, and include the courts in their attempted rewriting of factual history. They cry and they cry and they cry, but I believe that in Northern Ireland we must move forward.
We are in this Chamber. We are working for the people. We are using our voices for the people of Strangford and the people in Northern Ireland as a whole. I ask the Secretary of State to hear the people of Northern Ireland, to implement the covenant, and to do it with immediate effect. I ask him to take control of Northern Ireland, and to consider our sincere request for our people to be heard. I ask him not to sit still, but to make decisions for all of us.
I hope I am within the time limit that you wanted, Mr Speaker.
Mr Speaker
Thank you. It is the time limit that I got. We are most grateful to the hon. Gentleman.
The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)
Talking of time limits, Mr Speaker, it is 6.59 pm now, and I am delighted to have until 8.4 pm to conclude this debate. I pay tribute to all who have spoken, and specifically to the DUP for calling this important motion and focusing on something that is important both to me personally and the Government. I declare an interest, in that I have served as a regular in Her Majesty’s armed forces—indeed, in Northern Ireland as well—and I serve as a reservist as a lieutenant colonel now.
The covenant is about our commitment, indeed our obligation, as a grateful nation to those who have served for the sacrifices they have made. We as a nation, a Government and a Parliament put them in a place of danger; we ask them to do things that arguably others in society do not do. Therefore, there is not only gratitude, but a determination to show our thanks by making sure that we look after them when they decide for that final time to slide the uniform back across to the quartermaster and move into civilian street.
It is important to say that the absolute majority serve well, transition well and adapt back into civilian society well; I make that point because this is a sensitive issue and people could get the impression from some of the debates we have that, were they to serve, they would perhaps come out damaged or frail, and that is not the case. I hope the whole House agrees that those who have served and are serving are better for it, and the nation is better for their service and what they can contribute once they have completed their service. Having said that, some, through no fault of their own, experience difficulties, and that is where the covenant comes in: to make sure we can provide that help, whether on employment, housing or debt. These are the aspects of the covenant that we need to make sure work in every part of the UK.
The covenant is not just about the obligations of the MOD. That is why the veterans board was created to bring together those who have responsibility in other areas of Government across Whitehall, and to make sure they are held to account, so that when problems arise from the issues raised today, we know where to turn—to the Department of Health and Social Care, the Department for Education or the devolved Administrations —to say, “What are you doing to improve what’s going on?”
I made a very interesting Remembrance Sunday visit to Belfast, and I thank all involved in that for helping me to better understand what is actually happening there, and to meet the various characters in 38 Brigade and hear what is happening today, which is very different from when I served myself. We also spent some time focusing on the practical application of the covenant, and we must recognise that its application is different in Northern Ireland, where it is a sensitive issue due to the unique political circumstances there.
However, much has changed since the last time we debated this subject four years ago. The Northern Ireland veterans support office is now established, up and running and working with the charitable sector, Cobseo and the public sector. We also have a veterans champion in each of the 11 authorities—again, working well—and we have seen significant funding in various aspects of support for the veterans community: for example, around half a million pounds to Combat Stress, which is specifically focused on its work in Northern Ireland, and £600,000 to Belfast Somme Nursing Home as well.
The covenant is also about employment; it is about making sure that there is that transition, a point made by Members across the Chamber today. We have the Defence Relationship Management organisation, which takes those who have chosen to put their hand up and say, “I am departing the armed forces,” through a journey, which begins up to a year and sometimes two years before the end of their service through to two years beyond their service, to make sure they are on their feet.
Again, I stress the case that about 90% of those who leave the armed forces—about 15,000 a year—are back in education or in employment within six months of leaving. But we must all recognise that the help is not always needed straight after they have left, but is sometimes needed many years after. The point that has been made again and again is that if someone is suffering from PTSD or another mental health issue, it can incubate and be there for a number of years, and sometimes the umbilical cord of support from the armed forces is stretched or almost broken. We have seen cases across the country of people coming forward to ask for help from medical services without even declaring that they are a veteran, despite that being something that a GP may need to be aware of. It is very important that we address that better, and we recognise the difficult circumstances in Northern Ireland.
Employment is critical for recognising the value of somebody who has served in the armed forces, with their leadership, commitment, teamwork, grit, tenacity and determination. Who would not want to employ somebody who has worked in the armed forces and has so much to offer? That is why I am pleased that the armed forces covenant is being signed by many big businesses, including in Northern Ireland, such as Caterpillar, Asda and Royal Mail. We are also working with 700 smaller businesses to ensure that there is engagement and a track for people when they leave the armed forces to see where their skills can be transferred.
In conclusion, the covenant is a journey. We created it, we signed it and we have made the commitment, but there is much more work to do, not just in Northern Ireland but across the country. Because of my service and the passion that the Minister for the Armed Forces and I have, we want to make this work. We have to make it work. I thank the Democratic Unionist party for bringing this debate to the House today. The duty of debt that we owe is shared across the House, and this is the beginning of a journey. If I can make a promise to the DUP, I would be more than delighted to visit Northern Ireland again in the very near future to look in detail at some of the points made by DUP Members today, so that we can move things another notch further.
Question put and agreed to.
Resolved,
That this House recognises the valuable contribution made by men and women from Northern Ireland to our armed forces, including some of the best recruited Reserve Units in the UK and reaffirms its commitment to ensure that the Armed Forces Covenant is fully implemented in Northern Ireland.
Business without Debate
Delegated Legislation
Mr Speaker
With the leave of the House, we shall take motions 3 to 5 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Pensions
That the draft Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018, which was laid before this House on 29 January, be approved.
That the draft National Employment Savings Trust (Amendment) Order 2018, which was laid before this House on 31 January, be approved.
Criminal Law
That the draft Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018, which were laid before this House on 30 January, be approved.—(Rebecca Harris.)
Question agreed to.
Delegated Legislation (Committees)
HMRC Staff: Dudley
(6 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ian Austin (Dudley North) (Lab)
I am grateful to have the opportunity to raise in the House the threat to 250 jobs of hard-working and highly skilled civil servants employed by Her Majesty’s Revenue and Customs at the Waterfront offices in Dudley. I am also grateful for the brilliant work done by the local representative of the Public and Commercial Services Union, Tim Crumpton, and to constituents of mine who work at the centre for speaking to me about this matter. I congratulate them on their campaign to save the jobs and to keep the staff working in our community.
These are jobs that neither the staff themselves nor the wider community in Dudley can afford to lose, and that is why I am asking Ministers to look again at this decision. We want them to keep the Brierley Hill offices open and ensure that the highly skilled HMRC staff continue to work for the Government, serving the public. As Members will know, HMRC announced a radical office closure programme in November 2015, reducing the number of offices to just 13, spread across the UK.
Jim Shannon (Strangford) (DUP)
I congratulate the hon. Gentleman on securing this debate. He mentions the highly skilled employees. With the introduction of universal credit and the additional work of reviewing every former disability living allowance and current personal independence payment claim, does he agree that to dismiss highly trained staff, who are capable of working between Departments and easing the load, is folly and must be reconsidered?
Ian Austin
I completely agree. It is not party political knockabout to say that the introduction of universal credit is clearly not going according to plan. It has obviously hit some wrinkles along the road—that is a charitable way of putting it—and it is an odd decision to get rid of staff when we do not know how difficult it is going to be to properly introduce the new benefit.
The new regional centre for the west midlands will be in Birmingham. That led to the closure of the Walsall office in 2016, while the Worcester office is due to close next year and the Wolverhampton, Coventry and Solihull offices are due to close in 2020 or 2021.
Mr Jim Cunningham (Coventry South) (Lab)
I held a public meeting in Coventry at the end of January. There is a lot of concern because 300 jobs will go from the local tax office and people will either have to travel to Birmingham, or use a phone line, which is not always adequate for their needs. Does my hon. Friend agree that a halt should be called to this?
Ian Austin
My hon. Friend is completely right. Everybody knows how hard he fights for jobs in Coventry and that it cannot afford to lose those jobs, just like the Black country cannot afford to lose the ones in Dudley. The city council passed a motion unanimously, probably in no small part due to his campaigning.
It was announced that the Dudley office at the Waterfront and Merry Hill would be taken on by the Department for Work and Pensions, and that staff would transfer to that Department; a small number of staff would have transferred to the Birmingham office. Staff at that office employed by Her Majesty’s Revenue and Customs to work on tax credits were told in 2015 that they would be transferred to the DWP to work on the introduction and implementation of universal credit. As recently as last October, they were told that they would remain at the Waterfront offices to work on the new benefit. Instead, at the end of January it was announced that the Government had changed their mind, that their jobs were at risk and that the office would close. That came as a huge shock to the hard-working, highly skilled and loyal staff. On the same day, DWP announced up to 150 job vacancies at the Waterfront site. Inquiries have been made and they are fixed-term appointments, although local discussions have revealed that they could become permanent. The announcement had little detail and more was promised, we were told, in April 2018.
It was originally envisaged that the Birmingham regional centre would have a capacity of about 3,200 full-time equivalent staff, but when the site of the Birmingham office was announced in October, that figure was reduced to 2,600. No official reason has been given for that, but sources are very clear that it is based on the high costs of premises in Birmingham. The figure of 2,600 did not include the Merry Hill staff, because they were due to go to DWP.
We have discussed the situation in Coventry, where hon. Members, including my hon. Friend the Member for Coventry South (Mr Cunningham), have been campaigning. The same is true in Wolverhampton, where MPs also want their HMRC office to stay open. It has 300 staff and the local council also supports the campaign. Discussions have opened with Andy Street, the West Midlands Mayor, based on the combined authority agreement, which was signed by the then Chancellor with all of the West Midlands combined authority councils, and which uniquely states that there should be a regional Government hub in Birmingham and sub-regional hubs elsewhere in the region.
Mike Wood (Dudley South) (Con)
I congratulate the hon. Gentleman on securing this debate on the closure of the offices in my constituency, which will affect many of his constituents. Does he agree that the success of the surge and rapid response team at the Waterfront demonstrates exactly the kind of modern capabilities that would add so much to delivering universal credit, and that the redeployment should be reconsidered, whether with DWP or with other bodies, to make use of the existing staff and skills at the Waterfront?
Ian Austin
The hon. Gentleman is completely right. I will make that point later. These are highly skilled, highly trained staff, who are very experienced in dealing with complex benefits. No better group of people could be employed for the introduction of universal credit. That is the case we are making to Ministers tonight and I am pleased that the hon. Gentleman is here to do so, too. I very much hope that Ministers will listen to and consider the argument over the next few weeks.
That is a really important point, because for staff in Merry Hill the closure will present grave difficulties. A high proportion of them have caring responsibilities which would make the journey to Birmingham impossible; I have spoken to mothers in exactly that position. A number of the staff came from offices that closed in the 1990s, and the journeys would make such a move impossible or impractical for them. The recent closure of the office in Walsall left more than half the staff without jobs, and the closure in Worcester is affecting nine out of 10 staff, who now face voluntary or compulsory redundancy; the majority of those staff have caring responsibilities.
HMRC insists that 90% of staff will have a job in the centres, despite the fact that all the closures so far have resulted in much higher job losses. The loss of these skilled and hard-working staff is very risky and it contradicts recommendations made by Committees of this House, which have called for a halt to the office closure process. Staff in Merry Hill believe that the DWP explanation that it has sufficient staff for universal credit to work properly flies in the face of all the current information we have about this complex new benefit’s introduction, as we heard a moment ago. Staff who work there are highly skilled: they have dealt with tax credits work since those were introduced, and they are helping with the changeover to UC from tax credits already. They were also stunned that the DWP vacancies were not even considered when the announcement was originally made.
Another point that I know will be of interest to the hon. Member for Dudley South (Mike Wood) is that the office is in the middle of a recently announced enterprise zone, DY5, and the roles undertaken by HMRC staff completely fit into the Government’s vision for this enterprise zone. This brings me to my final point, which is about unemployment in Dudley.
Chris Stephens (Glasgow South West) (SNP)
I thank the hon. Gentleman for securing this debate. As the chair of the Public and Commercial Services Union parliamentary group, I wonder whether he could confirm that no economic impact assessment and no equality impact assessment has been carried out prior to these closures in Dudley?
Ian Austin
As far as I am aware, neither of those assessments has been carried out. That is another point the Minister should be considering this evening.
Unemployment in Dudley is already higher than the national average, and we cannot afford to lose another 250 jobs from the borough. It is important that civil service jobs are spread throughout the country, benefiting communities such as mine, instead of being centralised in London or major regional centres. The UK is already one of the most centralised countries in the world. As a result, investment and growth have been concentrated in the capital and stifled elsewhere. Extraordinarily, despite all the cuts, the proportion of the country’s civil servants located in London actually increased every year between 2010 and 2015. Even with deep cuts elsewhere in the country, there were 5,000 more civil servants in the capital in 2015 than there had been in 2013. Instead of closing offices in Black country communities such as the borough I represent, the Government should be moving civil servants and staff from non-departmental public bodies and quangos out of London, transferring jobs from the capital to the rest of the country, spreading wealth more fairly across the UK and contributing to the regeneration of communities in places such as Dudley. That would improve policy making by getting central, regional and local government working more effectively together, bringing government closer to the people and ensuring that policy makers were better informed about what life is like in places that are often ignored by civil servants and politicians based in London. It would also save the Government money by getting staff out of expensive London property.
As I understand it, HMRC has announced that it will be moving 1,500 jobs out of London, so in the spirit of generosity for which we in the Black country are well known, may I tell the Minister that we would be very happy to provide a home for those 1,500 staff? I very much hope that he will consider moving those jobs out of London and to Dudley and the Black country.
Before I finish, I would like to ask some other specific questions. Staff in the office were told late last year that they would transfer to the DWP on 31 March 2022. Can the Minister confirm that it is still the plan that staff will remain in Dudley, working on tax credits, until that date? That would give time to see whether the DWP at Merry Hill can make some or all the fixed-term jobs permanent and offer them to staff there, and it would give time for staff to seek other work in the area and to be retrained. In addition, other DWP roles in local jobcentres would become available. That would not preclude staff who want to go to Birmingham from doing so, and it would offer other staff who work in Wolverhampton a stepping stone if their office does close, as many of them live in our area.
Will the Minister visit the offices with me and listen directly to the staff involved, or meet them here in London? Will he explain how this proposal reflects wider Government policy, given that Ministers recently designated the area as an enterprise zone? Finally, will he explain what assistance will be provided to staff who cannot transfer elsewhere or who do not get jobs elsewhere, to help them to obtain alternative employment if the proposed closure goes ahead?
The decision to close the Merry Hill office came as a huge shock to staff. Many of them will not be able to transfer and Dudley cannot afford to lose their jobs. It is my job to stand up for local people, which is why I secured this debate to demand that Ministers think again. These are hard-working and highly skilled public servants. They are very worried about their future and we need to secure their jobs. That is why we are here today, and I very much hope that Ministers will listen.
Sir Mark Hendrick (Preston) (Lab/Co-op)
I congratulate my hon. Friend the Member for Dudley North (Ian Austin) on securing this debate on an important subject. I thank the PCS trade union in Lancashire for bringing the situation in respect of HMRC staff in Lancashire to my attention. Since October 2017, approximately 200 staff at the Guild Tower in Preston have transferred to work on universal credit for the DWP, and in April this year, the next set of staff is due to transfer over, but for the past four to six weeks, rumours have been rife that the imminent transfer of staff will be the last, and that after that tranche has moved over the DWP will no longer need any staff for universal credit.
Let me explain the bigger picture. The original plan was for 4,000 HMRC staff throughout the country to be transferred to the DWP to work on universal credit. There are 600 HMRC staff in Preston who were not part of those plans. They were needed at the new regional centres in Manchester or Liverpool. By February this year, the 4,000 staff throughout the country had reduced to 2,000, with staff in Liverpool, Merry Hill—to which my hon. Friend referred—St Helens and Dudley told that they would not be transferring. Of the remaining 2,000 staff, between 1,400 and 1,500 are in Preston at the Unicentre and the Guild Tower, which have a combined 20 floors, with the rest in Dundee. So far, 200 staff have transferred, and rumours are that the 100 who will transfer next month may be the last to go. This would equate to the loss of between 1,700 and 1,800 jobs in Preston.
Under HMRC’s “Building our future” plans, all the existing HMRC offices in Preston either will transfer to the DWP or are scheduled to close. Although Preston was among the original 40 sites shortlisted for consideration as a regional centre, under the current plans there will be no HMRC presence there at all after 2022. That could mean thousands of staff facing either the prospect of moving to work at HMRC’s designated regional centres in the north-west, in Manchester and Liverpool, which are unlikely to be within reasonable daily travel distances for staff from Preston, or the prospect of mass redundancies.
Will the Minister please look again at the plans? It is unacceptable that between 1,700 and 1,800 jobs might disappear from Preston. The scale and size of the new regional centres should be reviewed, because huge numbers of jobs in Preston are clearly at risk because of the plans that are dispensing with many staff who the Government know will not transfer to Manchester or Liverpool because of the distances involved.
Mike Wood (Dudley South) (Con)
I shall keep my comments very brief. As the hon. Member for Dudley North (Ian Austin) has said, these proposals are particular and differ from many of the wider reorganisation proposals for HMRC. Some very specific plans were put in place—the workforce at HMRC in Merry Hill were consulted and told that staff would be transferred from the tax credits team to the Department for Work and Pensions to work on universal credit delivery. That was thought to be the position two months ago, but suddenly, out of the blue, the proposals changed. It came as a shock to HMRC staff based at the Waterfront and to their representatives—both those in the trade union movement and their elected representatives.
The hon. Gentleman set out some very good reasons why the Government should look again at how we can maintain and retain both the staff and the facilities at the Waterfront. The skills provided there are absolutely first class and would be a credit to any part of the civil service that could make use of them. As I mentioned earlier, the surge and rapid response team that has been operating out of the Waterfront—originally from HMRC and the passport service—has shown the adaptability of the teams that are based there. There is no doubt that the tax credit team could similarly transfer and provide a fantastic service, whether it is in conjunction with DWP, other parts of HMRC or Her Majesty’s Treasury.
The Waterfront is a growth area. The hon. Gentleman mentioned the DY5 enterprise zone that many of us worked so hard to secure. On top of that, we have the new tram links connecting to that enterprise zone, which—I almost said coincidentally, but it is almost tragically—is due to open at almost exactly the time when these jobs are scheduled to be taken away from the Waterfront.
I urge my right hon. Friend the Financial Secretary to look again at both the content of these proposals and the timetable for them, to see whether the Government are doing absolutely everything they can to find the right way to make full use of the fantastic talent that we have at HMRC at the Waterfront, to give employees the certainty that they need, to retain the skills and experience that we need in the civil service, and to set an awful lot of minds at rest in my constituency and that of the hon. Member for Dudley North.
The Financial Secretary to the Treasury (Mel Stride)
I congratulate the hon. Member for Dudley North (Ian Austin) on securing this important debate. I know that these are matters of particular concern to him, as they are to the hon. Member for Preston (Sir Mark Hendrick) and my hon. Friend the Member for Dudley South (Mike Wood), who have also made contributions this evening. HMRC’s location strategy was the subject of a Backbench Business debate held in November last year, and I am grateful to have the opportunity to return to this important matter.
As the hon. Member for Dudley North pointed out, in November 2015 HMRC announced its location strategy as a crucial element of its work to create a modern, world-class tax authority—a key part of our long-term economic plan for national prosperity. Since 2010 we have made substantial investments, enabling HMRC to do more to tackle evasion, drive down avoidance and improve compliance.
HMRC is transforming into a leaner, more highly skilled operation, offering modern digital services. It is moving away from outdated systems of manual processing to become more flexible and technologically driven—changing the way it works and using today’s technology and IT to improve the services it delivers for its customers. These investments in technology mean that HMRC can tackle fraud, evasion and avoidance more effectively and that customer services have improved, with far lower wait times on helplines and new ways to get support, such as webchats.
Changes to HMRC’s office estate are an important part of this transformation process, moving it from a large, widely dispersed estate of offices across the UK, varying in size, to a considered network of significant, modern regional hubs. In November 2015, HMRC announced that over the following 10 years it would bring its employees together in 13 regional offices, all in locations where it already has a significant presence, as it does in Birmingham. The co-location of teams across HMRC will lead to increased collaboration and flexibility, allowing it to provide more effective and efficient services to the taxpayer, and it has put support in place to help its workforce through the changes.
In Birmingham, the regional centre will be situated in the heart of the city at 3 Arena Central. It will be home to 3,600 civil servants, with 2,650 HMRC staff moving in from 13 offices around the west midlands region to undertake a wide range of key tax professional and operational delivery roles.
The first of HMRC’s regional centres opened in Croydon in July 2017 and construction is under way at the Birmingham site, along with further sites in Bristol, Cardiff, Belfast and Leeds. All those offices will be modern, environmentally friendly and located in the heart of the community. Most of them will be shared with other Government Departments, and all have been sized for the future needs of HMRC and the taxpayer.
In addition to the 13 regional centres, HMRC will keep seven transitional sites open across the UK for several years, where it will help retain key skills during the transition period, as well as five specialist sites for work that cannot be done elsewhere. For example, HMRC will retain Telford as a site for some of its specialist digital teams. By phasing the moves into its regional centres over a number of years and keeping sites open during the transition, HMRC will ensure that disruption to its business operations is minimised. The Birmingham regional centre will open in late 2020.
The overall programme to move to regional centres will deliver savings to the taxpayer of around £300 million up to 2025 and then annual cash savings of £74 million in 2025-26, rising to more than £90 million by 2028. It will also avoid costs of £75 million a year from 2021, when the current private finance initiative contact with Mapeley comes to an end.
It is important to stress that this is not just about cost savings and bricks and mortar. HMRC’s new office structure will allow people to develop more fulfilling careers. There will be a far wider variety of jobs and different career paths to senior roles, as a wider range of work will be based on single sites. These modern buildings will unquestionably deliver a better working environment and experience for HMRC’s workforce. Crucially, their city centre locations will also increase HMRC’s attractiveness as an employer, enabling it to recruit and retain the next generation of skilled professionals. That is particularly important given that a substantial proportion of its long-serving workforce are approaching retirement age.
HMRC is clear that it wants to do all it can to keep its people’s skills, knowledge and experience, and it has a policy of minimising any redundancies. The vast majority of HMRC employees are within reasonable daily travel of a regional centre, specialist site or transitional site, and that is deliberate: decisions on where to locate the regional centres were based on modelling of where existing staff are based. HMRC estimates that 90% of its workforce will be able to move to one of its regional centres or complete their career in their current office. For those currently based at the Waterfront offices, the travel time from Dudley to Birmingham city centre is between 35 and 55 minutes by car or train.
That said, HMRC recognises that individual employees have distinct personal circumstances, and not everyone will feel able to move to a regional centre, even where they might be reasonably close by. So it has put structured support in place—this is a point that the hon. Member for Dudley North asked about—to help those who can move and those who cannot. One year ahead of any move, everyone affected has the opportunity to discuss their personal circumstances with their manager and talk through any particular needs to be taken into account when decisions are made or any help they need to make the move—for instance, help with additional travel costs for up to the first five years. It is a tried and tested process, with more than 10,000 such conversations held in HMRC over the last two years. There is also a range of support for those unable to make the move to a regional centre. HMRC runs a programme of training, workshops, webinars and coaching, which includes advice on CV writing and identifying transferrable skills. Since starting in the autumn, it has been offered to around 800 employees, and HMRC will continue to provide such support.
Let me turn to some specific questions that the hon. Member for Dudley North posed. An equality assessment was conducted prior to the location’s announcement in 2015, with a high-level summary published to staff at that time. HMRC continues to review those, and the issues in the west midlands are of course considered with the active input of representatives from the Brierley Hill office and the local Public and Commercial Services Union.
The hon. Gentleman also asked me an important question about the date to which staff not being transferred on the universal credit/DWP basis might expect to stay in place. Currently, HMRC expects there to be ongoing tax credits work in Brierley Hill until March 2021. At that point, the tax credits caseload is expected to have fully moved across to universal credit, so the tax credits work currently undertaken in Merry Hill will come to an end. However, HMRC intends gradually to redeploy the skilled and experienced staff there to other work as the tax credits caseload decreases. HMRC will work with those staff to ensure that there is every opportunity to make a successful move into reallocated employment.
The hon. Gentleman asked whether I would be happy to meet him and some of the staff with whom he has been liaising. I would be more than happy to do that. Perhaps doing so in Westminster would be most appropriate, as the hon. Member for Preston and my hon. Friend the Member for Dudley South might wish to join him for those discussions—I would certainly be open to that.
Finally, the hon. Member for Dudley North asked about the support provided for those who might not, in the event, be able to make the move from Merry Hill to the new centre in the centre of Birmingham. As I have said, all staff will have a one-to-one discussion with their manager around a year in advance of any office move that affects them, to discuss their personal circumstances, establish whether they are within reasonable daily travel of the new office and discuss what support might be needed to enable them to move. For those who can move, there will be financial support towards the additional cost of their journey time for up to five years. HMRC is supporting those who cannot move by seeking redeployment opportunities for them in other Departments.
Question put and agreed to.
Deferred Divisions
That the draft Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018, which was laid before this House on 23 November 2017, be approved.
The House divided: - Ayes: 308 / Noes: 261 - Question accordingly agreed to.
That the draft Passport (Fees) Regulations 2018, which were laid before this House on 29 January, be approved.
The House divided: - Ayes: 317 / Noes: 258 - Question accordingly agreed to.
Draft Financial Services And Markets Act 2000 (Carrying On Regulated Activities By Way Of Business) (Amendment) Order 2018
(6 years, 9 months ago)
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The Exchequer Secretary to the Treasury (Robert Jenrick)
I beg to move,
That the Committee has considered the draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2018.
It is a real pleasure to serve under your chairmanship, Sir David. The draft order, which was drafted in consultation with the Financial Conduct Authority and the Prudential Regulation Authority, will set out the circumstances in which a business needs a deposit-taking licence to borrow via a peer-to-peer lending platform. Peer-to-peer lending platforms allow any investor, including a consumer, to lend money directly to businesses or to other consumers, but the draft order applies only to business borrowers.
Peer-to-peer lending is still a relatively new financial service: the world’s first peer-to-peer loan originated here in the UK in 2005. At the industry’s request, the Government legislated in 2014 to bring peer-to-peer lending platforms within the scope of financial services regulation. Running a peer-to-peer lending platform is a discrete activity—it is not another type of asset management service, for example—so we introduced bespoke legislation to regulate it as such.
We sought to balance consumer protection, which is extremely important to us, with allowing the sector to grow and evolve, to ensure that we lead the world in peer-to-peer lending and in creating a bespoke regime for it. This approach, which is typical of our commitment to ensuring that regulatory frameworks remain fit for purpose in the face of rapid technological change, has led us to be rated as the best place in the world to establish a FinTech business. The FCA is conducting a full and planned review of peer-to-peer lending and the industry more generally, to deepen our understanding and inform future regulation, should further steps be required.
Let me briefly set out what the draft order seeks to achieve. For a professional lender, there is a degree of responsibility involved in taking deposits from members of the public, who—perfectly understandably—may not have the same degree of financial literacy. A business that wishes to accept deposits from the public to wholly or materially finance its activities must be authorised and regulated by the FCA and the PRA. Such activity is considered as accepting deposits by way of a business, and regulatory permission for it is known colloquially as a banking licence. Requiring businesses to obtain such a licence ensures that depositors are protected from financial harm or loss.
The existing legislation, which was inherited by the industry, could be interpreted as implying that a business that borrows money via a peer-to-peer lending platform is, technically, accepting deposits from the public in the same way that a bank might. Such a business could be deemed to be accepting deposits by way of business and therefore to require a banking licence. In reality, such borrowers do not accept deposits as their core business; for the vast majority of commercial borrowers, using peer-to-peer lending is simply a new way of finding capital to finance working capital requirements, to fund investment in research and development, new equipment or premises, and to drive growth forward.
The current legislation has left some peer-to-peer lending platforms unsure whether a business borrowing via their platform requires a banking licence. The practicalities of obtaining and maintaining a banking licence just to borrow via a peer-to-peer platform are burdensome both for the borrower and for the platform. The requirement for a banking licence increases costs and ultimately risks making peer-to-peer lending unviable for most businesses as a source of finance.
The draft order will provide the clarity for peer-to-peer lending platforms and business borrowers that the industry and businesses require. We believe that it will be welcomed by all sides. It will make it clear that a peer-to-peer borrower that uses deposits solely to finance its other business activity should not need a banking licence. However, it will ensure that regulated financial institutions —those for which accepting deposits is the essence of their business—will still need a banking licence to accept funds from the public, regardless of whether they do so from a peer-to-peer lending platform or another means.
The certainty that the order provides will ensure that legislation that predates the invention of peer-to-peer lending does not place undue burdens on the sector or impede its growth. As such legislation focuses solely on business borrowers, this is a business borrower-facing piece of legislation. It does not affect the existing regulatory protections for consumers, which we agree are extremely important, as consumers increasingly turn to peer-to-peer platforms.
The Government’s approach underlines our commitment to ensure that businesses can access the finance they need to grow and expand and can enhance competition in the financial services industry, while ensuring that we in the UK have a forward-looking regulatory regime adapting to new technology and continuing to lead the world.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
As ever, it is a pleasure to see you in the Chair, Sir David. I thank the Minister for his introduction. I agree that peer-to-peer lending is important. It is an exciting and fast-developing segment of our financial services industry. I am pleased that the UK plays host to some of the firms that lead the market, which provides a helpful alternative to companies for which traditional bank lending, for whatever reason, is not the right fit.
We are dealing with something quite new, and it is fair to say that the market has developed rapidly. The Financial Conduct Authority has worked hard to keep pace with innovation as far as possible, such as through the introduction of the acclaimed regulatory sandbox, which has helped to incubate new financial services while prioritising consumer protection.
The one thing that, to be frank, confuses me about the Government’s motivations is why they believe now is the time to bring forward this deregulatory measure. It makes sense that borrowers should not be treated or regulated as financial services organisations, but our research reveals that that is not happening. Indeed, the stakeholders I consulted in the peer-to-peer lending sphere said they had not yet seen any evidence of it. I think the Minister’s words were that the legislation “could be” read in that way, but I do not believe it has been to date. I therefore simply ask him to provide further detail and clarity about the rationale in bringing the order forward. In particular, some concrete examples of when borrowers have been believed to be at risk of becoming regulated entities would be useful for the Committee.
The Opposition are supportive of creating a transparent, well-regulated environment for alternative finance to flourish. However, if we are to legislate to deregulate, we must be sure that we are doing so for the right, evidence-led reasons. I would be happy to receive that detail from the Minister either in writing or in his response.
Robert Jenrick
I am grateful to the hon. Gentleman, who represents the Opposition, for his positive comments with respect to peer-to-peer lending. We believe it is an important development in financial services, and it is one we want to support, but we must ensure it is appropriately regulated to protect consumers and businesses of all scales, as well as to ensure that the industry has the clarity in regulations and law it deserves so that it can operate with confidence within the law.
That is the essence of the order. It will ensure that the industry can move forward with confidence, knowing that the law is clear and that those who want to use such services—smaller businesses in particular—can have clarity that they are not in breach of the law. It is a question not of deregulation or changing the law but of clarifying it so that everyone benefiting from the peer-to-peer lending industry today and in the future can understand that they are in compliance with the law.
To give a practical example of how the present situation might confuse or concern a business, a manufacturing business seeking to borrow money from a peer-to-peer lender—perhaps to purchase new equipment to help it grow and develop—might be concerned about whether the current law required it to have a banking licence. The industry has come to us proactively and said that it is important that the Government provide the greatest possible clarity for businesses that seek to raise money for perfectly legitimate purposes and are not engaged in financial services—businesses for which taking out money through a peer-to-peer lending platform would be not their sole, or even the majority of their, business function, but purely to service the future growth of their primary activity. We want to clarify the position for that kind of business in particular.
In terms of the future, I point the hon. Gentleman to the FCA’s review. I am sure that it would welcome his comments and his involvement in that review if he or the Opposition had further points to make about the future of peer-to-peer lending.
Question put and agreed to.
Draft Enhanced Partnership Plans And Schemes (Objections) Regulations 2018
(6 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
I beg to move,
That the Committee has considered the draft Enhanced Partnership Plans and Schemes (Objections) Regulations 2018.
It is a pleasure to serve under your chairmanship, Mr Rosindell. The Bus Services Act 2017 contains a range of options to improve local bus services in England. In addition to franchising, new and improved options allow local transport authorities to enter into partnerships with their local bus operators to improve services for passengers. One of those, the enhanced partnership regime, allows local authorities to define a geographical area in which it provides new facilities such as bus priority measures, or take other measures that would make bus services more attractive, such as reducing car parking provision or increasing its cost.
In return, local bus operators are required to meet service standards specified as part of the scheme. That can include a multi-operator smart ticketing scheme, a requirement to operate cleaner vehicles, or provision of comprehensive timetable and fares information. The partnership can also limit the number of vehicles that operate along specific corridors to reduce congestion or improve air quality, or require the buses to co-ordinate their timetables with other modes of transport, such as rail services.
The draft regulations, which were laid before the House on 17 January, set out the mechanism by which the bus operators may formally object to the package of proposals during the development of an enhanced partnership scheme. A key element of enhanced partnerships is that only the majority of bus operators need to agree to the proposal in order for it to go ahead. That means that improvements to bus services that are supported by the local authority and the majority of bus operators cannot be prevented from being introduced by a blocking minority of operators who, for whatever reason, do not wish the partnership to be introduced.
The 2017 Act provides a mechanism to allow individual operators an opportunity to object to the proposal to make an enhanced partnership plan or scheme at two key stages: the first opportunity to object arises when the proposal for an enhanced partnership scheme is subjected to a formal public consultation; and the second opportunity arises if the plan or scheme is modified following the consultation.
The draft regulations set out the process for determining whether the number of operators objecting to the enhanced partnership plan or scheme, as proposed or modified, is sufficient to stop it from proceeding any further. If that happens, the partnership would need to renegotiate the package until the objections fall below the statutory threshold. The regulations provide two criteria that need to be satisfied to determine whether there are sufficient objecting operators to stop the partnership proposal. Both criteria need to be considered and either one of them, if met, would be enough on its own to stop further progress.
We will now drill into the detail. The first criterion for objections to be sufficient is that the objecting operators together represent 25% of operated bus mileage in the partnership area, where at least three bus operators are objecting. If fewer than three operators run bus services in the area, the draft regulations require all of them to object in order for this criterion to be satisfied. That ensures that objections are raised by operators with a significant stake in the local bus market, while at the same time preventing a single operator or a pair of dominant operators from exercising an effective veto.
The second criterion is that objections are received from 50% of local bus operators that together operate at least 4% of operated mileage in the partnership area. That prevents a large number of operators that together have only a relatively small stake in the bus market from objecting to a partnership that is supported by the local authority and the operators with the largest stake in that bus market.
I will now explain how those thresholds were arrived at. The bus market in England has been deregulated since 1986, and the number and size of bus operators in individual areas varies greatly. The objections thresholds in the draft regulations cater for that and were arrived at following detailed analysis of real-world bus markets by my officials in the Department for Transport and discussions with key stakeholders such as bus operators and local authority stakeholder groups. The objections mechanism was subject to a full consultation exercise between 8 February and 21 March last year.
Even taking that into account, however, it would not be possible for any statutory criteria adequately to cater for all the different bus markets in England where enhanced partnerships may develop. That is why the 2017 Act also allows further flexibility. The statutory objection thresholds in this instrument are required to apply only when a plan or scheme is introduced. An enhanced partnership can also include a bespoke objection mechanism for use when an existing scheme is varied or discontinued. That allows individual partnerships to adopt an objection mechanism that better suits their needs.
The draft instrument also sets out those services that are not eligible to take part in the objection mechanism, in addition to community bus services, which under the 2017 Act are not required to meet the requirements of an enhanced partnership scheme. That includes tour buses, services that operate less than 10% of their mileage in the partnership area and services paid for under subsidy by the local transport authority. Since the Act came into force in June last year, nearly 30 local authorities up and down the country have either expressed an interest or are actively pursuing an enhanced partnership with their local bus operators. However, there will inevitably be some operators that will seek to block progress, perhaps because the improvements proposed are not in their commercial interest or they prefer the freedom to operate in a fully deregulated market.
These regulations seek to strike a balance, ensuring the partnership has broad support from local operators without allowing a minority to block vital improvements that will make local bus services better for passengers. I ask the Committee to give these regulations its full support.
Matt Rodda (Reading East) (Lab)
It is a pleasure to see you in the Chair, Mr Rosindell. Labour is broadly supportive and welcomes these new regulations. Statutory instruments are an important part of our legislative process. It is also important that we review and discuss these concessions. As such, I will raise a few points of contention.
I would like to start by pointing out that Labour’s 2017 manifesto stated a commitment to
“introduce regulations to designate and protect routes of critical community value, including those that serve local schools, hospitals and isolated settlements in rural areas.”
We believe that the regulations meet that standard and the standard set by the Government in their own explanatory memorandum, which also states a commitment
“to ensure that the arrangements are mutually acceptable to the parties to a scheme and to balance the right of local transport authorities to bring forward proposals for enhanced partnership plans and schemes against the right for operators to object to what is being proposed.”
With over 80% of respondents to the Government’s consultation on the draft regulations welcoming the proposals, including those on tours and excursions, and because no threshold was agreed upon, we have decided to go ahead with the Government’s proposals as drafted. However, I would like to know what methodology was used for asking respondents about an alternative. Were they given a set of alternatives or just asked to post a number? If it was the latter, it is hardly surprising that they were unable to come to a consensus. Indeed, I worry that the threshold might have been set at the wrong level.
Is any information available on what proportion of those who disagreed thought the thresholds were too high, versus those who thought they were too low? If that ratio is not roughly equal, there might be a case for saying that the thresholds are not optimal or equitable. However, given that the regulations might be subject to post-legislative scrutiny of the 2017 Act, I am happy to concur with their introduction.
Gareth Thomas (Harrow West) (Lab/Co-op)
I am grateful, Mr Rosindell, for the opportunity to comment very briefly on the regulations and to ask the Minister a couple of questions.
As a Co-op Member, I have a big interest in community transport, and in the social enterprises and small community businesses that operate in most of our constituencies, often surviving only through the contracts they win from local authorities and local clinical commissioning groups. They use some of the economies of scale that they are able to deliver in order to provide, at no cost, other transport services for elderly and vulnerable people in our communities.
I am interested in how the regulations will affect community transport and, in particular, whether they provide a neat way out of the terrible situation facing many community transport providers at the moment. It looks as though Government changes, allegedly provoked in part by EU legislation, and certainly at the behest of a small number of larger coach and bus operators, are likely to stop community transport being able to bid almost exclusively for local authority and CCG contracts.
Those changes will potentially put those community transport providers out of business, or require them to ensure that the drivers who work for them have much greater training and acquire licences that are much more costly, in both time and financial resources. I am thinking of Harrow Community Transport, which serves my constituency, which has made it clear to me that it is extremely worried by changes that the Department is currently proposing. Many of its drivers do not want the new licence, which is much more costly, with regard to training and resources.
I wonder whether the draft regulations provide a way out of that conundrum. We are at risk of losing vital local bus and transport services provided in our constituencies simply because of the greed of a few larger bus and coach operators, which appear to have successfully persuaded the Department to ignore the needs of the much smaller but crucial community transport providers.
John Grogan (Keighley) (Lab)
I will make a brief contribution, with one question to the Minister. Let me first put these modest draft regulations in context, because they are important in the grand scheme of things. They follow on from the Bus Services Act 2017, which amended the Transport Act 2000. Both main political parties have moved considerably on this. I was first elected to the House in 1997, and for the preceding Conservative Government, and well into the Labour Government’s time in office, the idea that local authorities should have a more active role in promoting bus services, as well as a more regulatory role, was frowned upon. Buses are the most commonly used form of public transport and all our constituents depend on them. Last week, during the snow, it was often bus operators who kept the nation moving.
The draft regulations are a welcome development and are obviously mirrored by the additional powers that the Government have given to Mayors to enter into partnerships with bus companies and to regulate them. The previous Labour Government also introduced legislation for such partnerships, but not many partnerships actually came to fruition—they were very complex schemes, but the Government have tried to introduce simpler arrangements.
I think the Minister mentioned 30 partnerships. Would it be possible to publish their geographical spread? It would be interesting to know whether it is rural as well as urban councils that have been putting forward these proposals. Presumably none of those partnerships has yet been implemented prior to the draft regulations being laid. When does the Minister hope that the first bus partnerships will be signed, sealed and delivered, helping our constituents up and down the country?
Ms Ghani
I welcome the comments from the hon. Member for Keighley. He is absolutely right: bus services are vital for getting people across our constituencies. They are also vital for our constituents because family demographics have changed and more and more people rely on bus services; more people travel to work on a bus than on any other form of public transport.
To date, 30 providers are in negotiations with the Department for Transport, and many more have shown an interest. I have some facts and figures to hand, and if I am able to make them public, I will of course do so. We are keen to ensure that those relationships come about as soon as possible. We are keen to enable local authorities to work with local bus operators to provide a service that passengers want to take.
The hon. Member for Harrow West spoke about community transport, which is not covered under this regime because community transport is not the bus service we are trying to tackle here. This is about members of the general public getting on a bus service that stops at stops; it is not a dial-a-ride or specific kind of service.
Gareth Thomas
I am grateful to the Minister for that clarification. Nevertheless, will she recognise the depth of concern across the House about the future of community transport, given what her ministerial colleagues appear to be proposing in response to pressure from a small group of bus and coach operators?
Ms Ghani
I believe that the Minister responsible for community transport has been in communication with local authorities and people who are actively involved in that particular community bus situation. The Minister has announced a fund of £250,000 in this financial year to fund advice for operators that might be affected by any changes. We are also working with the Driver and Vehicle Standards Agency to ensure that a proportionate response is made to operators working toward urgent compliance.
Returning quickly to the hon. Member for Keighley, because I know he has a huge amount of experience in this area and I would not want to give him any inaccurate information, Nottingham City Council will probably be the first to implement that, perhaps as early as later this year.
With regard to the comments by the hon. Member for Reading East, I am pleased that Labour supports the regulations. It is vital that we encourage bus usage, and to do that we must be able to support our local authorities and they must be able to form partnerships with local bus operators to provide a service that passengers want. They can do that by having priority bus lanes, looking at ticketing and looking at the service that is being provided. The key point is that the decision is made locally.
Enhanced partnerships are a new type of partnership agreement that did not exist prior to the 2017 Act, and I am encouraged by the interest that local authorities and bus operators have already shown. The objection mechanism is a key part of the regime and it is important that the mechanism in the regulations strikes the right balance between allowing operators a fair say on what should go into these schemes and preventing a minority from stopping improvements that would benefit passengers.
The hon. Member for Reading East asked for information on the consultation process. That process was conducted fully and involved the Confederation of Passenger Transport, the Urban Transport Group, the Association of Transport Coordinating Officers and the Association of Local Bus Company Managers, which represents small bus operators. The consultation process looked at mileage, patronage and threshold, which were agreed by the majority of respondents. That is how we came up with the figure we have today.
The fact that the mechanism is in secondary rather than primary legislation gives the flexibility to amend and further debate the rules in future. My Department will not hesitate to do so if that is required to ensure the ongoing success of these schemes.
Craig Mackinlay (South Thanet) (Con)
It is always a pleasure to serve under your chairmanship, Mr Rosindell. I am trying to organise a new bus service in my constituency. One of the main providers, Stagecoach, a national company, has decided to reconfigure some services along the A257, which runs between Sandwich and Canterbury, leaving a lot of smaller villages entirely off its service. The benefit for Stagecoach, and for people who live on that route, is that the service will now run every 20 minutes, but the village of Staple, for example, now has no service whatsoever.
I am trying to work with a community transport provider to put on a bus that will meander through some of the villages of South Thanet. Looking at section 22 of the Transport Act 1985, I believe the type of bus I am looking at would qualify, so it would not be a relevant exclusion under the statutory instrument we are considering today. We are seeing some services across the country being taken away, obviously through lack of use, and some local transport authorities are unable to provide the support they once used to provide, and for good reason. I just want a little reassurance that such community buses, which may have a view to making some profit, because things have to be replaced over time, will not be disadvantaged as a result of this.
In the route that I am considering, I have the full support of Stagecoach, which is the provider that has decided to take the service away, but I envisage that in some areas the clear recognition of what a community bus is might not be quite what is set out in the legislation. I would not want such a bus to be crowded out by a bigger provider that wants to keep control of a route that serves a community that desperately needs it. Will the Minister assure me that, as this scheme progresses, I can work with the Department to ensure that it has the support it needs so that it fits the bill?
Ms Ghani
I thank my hon. Friend for his comments. He is a strong champion for his community. The draft regulations do not cover community transport; they cover a bus service that is picked up by members of the public. They do not allow anyone to monopolise the market. If a local authority wants to set up a partnership that enhances a bus service within a community, it is able to do so without objection from one provider that tries to crowd out everybody else or lots of small providers that do not provide enough services to be able to decide what should be provided in that community. I will take his comments to the Department and to my colleague, the Minister with responsibility for community transport. Such partnerships will enable local authorities to leverage more with bus operators to provide a service that is important for their communities.
Gareth Thomas
Will the Minister be willing to commit herself—or, more appropriately, her colleague, the Minister with responsibility for community transport—to meeting a group of Members from both sides of the House who are concerned about the future of community transport and the Government’s proposals for changes to licensing?
Ms Ghani
I am nervous about committing a colleague to a meeting. The Minister with responsibility for community transport often talks about this in the Chamber and meets representatives. We all have community transport providers in our constituencies, and we want to make sure that they and local bus providers deliver a service that our constituents want. If the hon. Gentleman writes to the Minister, I do not doubt that he will receive a full response to all his questions.
Question put and agreed to.
Westminster Hall
(6 years, 9 months ago)
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Misogyny as a Hate Crime
(6 years, 9 months ago)
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Melanie Onn (Great Grimsby) (Lab)
I beg to move,
That this House has considered misogyny as a hate crime.
It is a pleasure to serve under your chairmanship, Sir David, in a debate on an issue that has been hotly discussed over the past couple of days. This debate is particularly timely, given that tomorrow is International Women’s Day. I pay tribute to the excellent work undertaken by the all-party parliamentary group on domestic violence and the Women and Equalities Committee, which have taken on important and often contentious issues to enhance the lives of all women up and down the country. Often, they have been supported by charities and think tanks such as the Fawcett Society, Women’s Aid and End Violence Against Women, which have contributed broader thoughts on policy relating to women. I thank them all for their work in this field.
All forms of abuse are committed disproportionately against women and girls, and the perpetrators are usually men. Violence against women and girls is part of what is stopping women achieving equality. Some 22% of girls aged seven to 12 have experienced jokes of a sexual nature from boys, and nearly three quarters of all 16 to 18-year-old boys and girls say they hear sexual name-calling, including terms such as “slut” and “slag” used towards girls at school, daily or a few times a week. In 2016, there were 2 million female victims of domestic violence. About 85,000 women a year are raped, but only half those cases are reported. The Government recognise that more needs to be done to tackle violence towards women and girls, and it is welcome that they are consulting in advance of the Domestic Violence and Abuse Bill. I hope this debate will be considered carefully as part of that consultation.
The debate is about securing an extension to the existing hate crime definitions and sentencing better to prevent violence against women, support early intervention against lower-level incidents and give women greater confidence in reporting the actions that, too often, have become the wallpaper of their lives. That is most certainly the case: 85% of women aged between 18 and 24 report that they have been on the receiving end of unwanted attention.
The APPG on domestic violence found that there is a clear link between low-level incidents of harassment towards women and more serious forms of violence and sexual crime. That is why I want the Government formally to extend the five strands of centrally monitored hate crime to include misogyny and provide for appropriate reflective sentencing. That would mean that incidents of street harassment, online abuse or other negative acts or behaviour directed towards a woman simply because she was a woman could be formally logged and monitored.
Philip Davies (Shipley) (Con)
I apologise to the hon. Lady and to you, Sir David, for not being able to stay to the end of the debate. I have to meet some constituents who are visiting, but I would have liked to contribute. The hon. Lady is talking about misogyny. Can we take it as read that she thinks that misandry ought to be a hate crime, too? If she does not, will she explain why she thinks there should be one rule for one and another rule for the other?
Melanie Onn
I am terribly sorry that the hon. Gentleman is not going to stay for the entirety of the debate. He regularly contributes to debates on this topic, but rarely stays around for the responses. If he wants to raise the issue of misandry, he is perfectly able to do so. To date, he has not. He has every opportunity, as everybody in the House does, to pursue that. It does not form part of my suggestions today, which are focused on misogyny. There is a power imbalance in society that disproportionately affects women negatively, so I think misogyny should be an exclusive strand of hate crime.
By setting the definition in statute, the Government would put down a marker to say that culturally endemic negative attitudes towards women are not acceptable. The recording of the crime would give a clearer picture of the scale of the issue, assist the police in taking action and intervening, and give women greater confidence that their concerns would be taken seriously. In evidence to the APPG on domestic violence, Women’s Aid said:
“Hate crime law was designed to combat crimes that deny equal respect and dignity to people who are seen as other…That violence is a consequence of sex inequality…That inequality undermines the ability of targeted people to feel safe and secure in society.”
The increasing rates of violence, sexual violence, harassment and disproportionate online abuse towards women show that women are routinely seen as “other”. If we are genuinely to tackle the violence, we must address the root cause—inequality. That certainly seems to be what Baroness Williams of Trafford was hinting at when she said:
“The Government recognise that it is critical to look beyond criminal justice measures and also to focus on what we can do to prevent abuse and violence in the first place.”—[Official Report, House of Lords, 22 November 2017; Vol. 787, c. 481.]
That is the challenge that five police forces around the country—most notably Nottinghamshire police—have set out to address. Their experience of piloting misogyny as a recordable hate crime has led to an increase in reporting.
Gloria De Piero (Ashfield) (Lab)
I have been reading the press reports about this debate with some interest. In Nottinghamshire in 2014, Paddy Tipping presided over the first force to introduce such a crime. As a Nottinghamshire MP, I want to reassure hon. Members that in Nottinghamshire the world has not caved in—far from it. When misogyny and hate crime were included in the force victim satisfaction survey, 94% of victims said they felt reassured and confident in the police. In short, this has been a success.
Melanie Onn
It is welcome to hear that it has been a success. The police more widely do not seem to object to the extension of the definition of hate crime. The police are looking to the Government to support them in that action and to ensure that appropriate sentencing facilities are available to support any action they might take.
Contrary to media hype, there was not a surge of reports complaining of wolf-whistling, but arrests have been made for public order offences and actual bodily harm incidents that were classed as misogynist. That certainly reflects the experience of my hon. Friend the Member for Ashfield (Gloria De Piero), who claims that the initiative has been a success. There are specially trained officers in place in a city that has two universities, and the change has made positive difference to women, who feel better able to report unwanted attention and receive appropriate support where necessary.
Ultimately, I hope that if we set our laws appropriately, there will be a reduced need for police intervention, because behaviour and culture will evolve to fit the new standard. Dame Lara Cox, who chaired the Fawcett Society sex discrimination law review, said:
“Laws are instruments in changing attitudes, setting the bar for expectations of treatment and behaviour”.
She made the point that our laws are not stagnant and that they must reflect the reality of today’s society.
The reality, as borne out by campaigns such as #EverydaySexism, #goodnightout, #girlsagainst and, more recently, #MeToo, as well as, internationally, #StopStreetHarassment, is that today’s society is awash with misogynistic acts such as groping, sexual comments, upskirting, revenge porn, sexual remarks, leering and stalking. As the nature of harassment changes, so must the laws that govern it, and too many incidents do not meet the criteria for assault, discrimination or public order offences.
The fact that I have had the temerity to call for this debate—this exploration of ideas—has provoked a backlash of vile fury. I have been told that I am in some way a man-hater, that I have no sense of humour and that I should most certainly learn to take a compliment. Because I am not a snowflake, as has been suggested, that has not dissuaded me from continuing to discuss these ideas, but it highlights why women and girls are so often put off from directly challenging behaviour at the time the incidents occur. They are put off from even reporting them, given that the potential response is so aggressive.
Stella Creasy (Walthamstow) (Lab/Co-op)
I am pleased that my hon. Friend has introduced the debate, not least because I am a strong defender of the reputation of men. Sexual harassment is not a given—people can choose not to do it—so it is really important in debates that we do not disrespect men by somehow suggesting that they are incapable of controlling their behaviour. I am pleased that she is setting out a way in which we can differentiate between the men who understand the 21st century and those who do not.
Melanie Onn
My hon. Friend makes an excellent point that is hard to disagree with. Some responses that I have received over the last few days have not shown men in their best light, which is incredibly unfortunate, because all the men in my life accept that any actions or behaviours that put women in an uncomfortable position or make them feel unsafe or not secure in their environment are not acceptable. The defence of some of that behaviour has been quite surprising.
Philip Davies
I apologise for interrupting the hon. Lady’s flow, but she just said something that made me think of something I had not expected to come to. Does she therefore think what her colleague, the right hon. Member for Hayes and Harlington (John McDonnell), said about my right hon. Friend the Member for Tatton (Ms McVey) should be a crime?
Melanie Onn
Unless the hon. Gentleman is more specific, I cannot respond to that.
Philip Davies
At a political rally, the right hon. Gentleman repeated someone’s remark that my right hon. Friend should be lynched. Clearly, that made my right hon. Friend and other people feel very uncomfortable. Given what the hon. Lady is saying, does she think that should be a crime?
Melanie Onn
If the individual to whom the comments were directed felt that they wished to report that, it would fall within the scope of today’s discussion. Those sorts of comment are unnecessarily aggressive and there is no place for them, certainly not in the nature of political debate and discourse, but that has been explored extensively and more directly with the individuals concerned, who explained themselves as they wished to.
In the last few days, I have been told stories that have made me so sad, because after decades of talking about equality, we seem so far away from it when it comes to girls and women being targeted because of their gender. Twelve and 13 year-old girls in their school uniform can still be leered at and suggestive comments and actions made towards them. These are children, yet some people still consider that an appropriate course of action. Women in their 20s walking past pubs are routinely heckled and their appearance is audibly commented on. None of those so obviously charming men take the step of directly addressing the women. Why would they not want to talk to them? Because that would humanise the objects passing by who they seek to objectify in such an unfriendly and intimidating way?
If the statistics are anything to go by, nearly every woman will have a story of deliberately being made to feel uncomfortable or intimidated, or of being touched or the object of someone’s unwanted attentions, at the very least, and 90% of women in the UK experience street harassment before they are 17. Because of that, 71% of women have done something to guard themselves against the threat of harassment, such as changing their route to work or avoiding parks. It is dreadful that women have to mould their lives around avoiding threatening situations. If street harassment, abuse and continued sex discrimination have no place in our society, let us have laws that fully and properly reflect that. Let us set a bar for expected behaviour and proactively take steps to reduce violence and sexual crime against women.
Stella Creasy (Walthamstow) (Lab/Co-op)
It is a pleasure to be able to contribute to the debate, Sir David, and I apologise for having been a little late, due to the vagaries of the Victoria line. My hon. Friend the Member for Great Grimsby (Melanie Onn) made a powerful speech and has campaigned powerfully on this issue.
Women in Walthamstow feel very strongly about the gauntlet that they too often have to run when they walk down some of our main streets where there are busy cafés and pubs, especially when the weather gets a little warmer. For many, it is a nightmare. As the first female MP for Walthamstow, I have received a deluge of emails from residents who say that they cannot walk down their streets and feel safe during the day time, let alone at night. We have campaigned about this problem for many years—I pay tribute to the Take Back the Streets group in Walthamstow. Literally, women cannot go about their business. This debate is fundamentally about freedom—the freedom for women to be able to use the spaces and places in our society just as equally as men do.
It is a sad fact that Hoe Street in Walthamstow is a gauntlet for women to walk down, especially on a warm and sunny day, and that in workplaces women do not always feel safe. As a society, that holds us all back. Half of women say that they have been sexually harassed at work; one in five regularly experiences sexual harassment on our streets. There is a day-to-day phobia of passing a group of men, although sometimes it is unfounded— I am sure that the hon. Member for Shipley (Philip Davies) wants me to point that out. But all too often, women know that as they walk past, they may be subject to touching; somebody may follow them; and somebody may try to engage them in a conversation, even when they have said no.
The other night, when I left Parliament I was followed down the street by a young man who would not take no for an answer—he kept trying to put his arms around me and touch me. Sadly, that is a day-to-day experience for too many women in our society. The trouble is that women are taught to minimise that behaviour—to brush it off, to somehow find a way of avoiding it, to feel that perhaps they should not be out on the streets late at night or that perhaps they should scream.
Sadly, it is part of our culture that someone feels they have the right to touch and to feel a woman at will. We need to change that. We know that 400,000 women were sexually assaulted in our country last year. That comes from being in a culture not of sex but of power. It is about entitlement. It is about the concept that a woman’s body is the primary thing of interest about her and therefore what matters is how men respond to it.
We should be very clear that this is #NotAllMen. What is so powerful about recognising misogyny as a hate crime is identifying that that is not normal human behaviour. It is not about men and women flirting with each other; it is not about men and women being able to banter with each other; it is not about men and women being able to ask each other out. Perhaps they exist in our society, but I have yet to meet a women who went out with a man who followed her down the street and tried to put his hands on her bottom. It is about being able to say that this sort of behaviour is holding too many back in our society.
Let us look at the figures for sexual harassment of young women in our society: the figure of 50% of women experiencing sexual harassment in the workplace rises to 63% among 18 to 24-year-olds. It is a damning indictment of Britain in 2018 that a young woman cannot start her career without the fear that she might face groping in her workplace, unwanted sexual advances and being told that she cannot seek a promotion if she dares to say no. The #MeToo campaign in particular shows that that is widespread behaviour.
The good news for all of us is that the public are with us. In surveys about sexual harassment, 80% of the public recognise that harassment. No woman should have to fear when she gets on a tube train that the man opposite has a mobile phone with him and what he might try to do with it. Upskirting is a completely unacceptable form of harassment. It is an abuse of the power of a man to define what is important about a woman. No woman should be subject to groping of her breasts in the workplace, but we have seen those reports. Through treating misogyny as a hate crime, we can change the conversation about what is acceptable. That is why I am such a fan of what has been done in Nottinghamshire and why I hope that the Mayor of London follows suit.
We women in Walthamstow know first hand how difficult that is. The honest truth is that when we started recording the spaces and places in our local community where women felt unsafe—where they could not walk past a particular pub or café without feeling attacked or being harassed—the police told us it was a cultural matter. They said we simply could not stop men hanging out together and that that was just what happened. As a big champion and a big respecter of men, I believe that is simply not the case. There is nothing that says that, when men get together, they have to harass women.
Importantly—I really hope the hon. Member for Shipley defends us and supports us in making this argument—making misogyny a hate crime is a way of clearly stating that. It is a way of standing up for men’s reputation and men’s right to be seen as equal citizens rather than as predators in waiting, by separating out unacceptable behaviour and recognising those men who abuse their power and strength. That is the difficult thing. People might think this debate is about jokes, but a rape joke is never funny, because it is always about the power imbalance. It is always about the possibility that someone might follow through and use their physical strength to pin you down—the possibility, when they follow you down the road, that they might follow you all the way home and force their way into your house. That is a threat that women often live with daily.
By categorising sexual harassment as a hate crime, we would change the conversation so that it was not about what women need to do to avoid it. I am sure many of us have been frustrated when police officers have suggested that women need to change their routes. I was furious when my local police suggested to girls at a local school, because we had had reports of someone flashing, that they needed not to travel home alone—that they needed to moderate their behaviour, rather than us needing to catch the man who was doing that. We must change the conversation and say, “Here are people committing a crime.”
We do not let the victim drive what we do about other crimes. We do not say when there is a burglary, “What really matters is that you have better locks on your house rather than that we find the persistent burglar in this community,” but all too often we do when it comes to sexual harassment. We warn women to be careful rather than finding the peepers and flashers. We warn women about being alone at night rather than saying we will put more police on the streets. We say that we cannot tackle men’s behaviour rather than asking them to change.
We have had a great experience in Walthamstow: when we have gone in to talk to café and pub owners, we have found that they want change, too. They recognise that it is bad for their business to have a reputation for being a hotspot for sexual harassment. They recognise that their patrons’ behaviour might be inappropriate and that that is bad for them. We have tried to use anti- social behaviour legislation to challenge that behaviour and to make those businesses take it seriously, but many of them have risen to the challenge without being asked.
That is one of the important things about this conversation and why, for too long, we have let hate crime against women somehow be seen as hate crime against any other protected characteristic. In having the conversation, we have not spoken up for the best of people or for the best of characteristics: treating one other with respect. Respect is not just about being in a workplace with a colleague without feeling the need to touch their bosom; it is also about a man being able to walk along the street with a woman and feel that she is not frightened of him. Yet the honest truth for many women is that if a man is walking behind us late at night, many of us might stop, look at our phones or cross the street. What a damning indictment it is of men in our country that we are in a position where we feel like that!
Making misogyny a hate crime would help us change the conversation about men as much as it would help us ensure that women are safe. I really hope that the Government listen and work with police forces to get this right. My biggest fear is that the police will say, as they have said to me, “What would we do with all the reports?” as though the problem is the amount of data rather than the fact that these things are happening. Data drives conversations. When I talked to people from Nottinghamshire, they made such a powerful case about how data had driven conversations, not just about street harassment but about the connection between sexual assault and violence against women more generally. That has been a powerful way of changing the conversation.
Sir David, 2018 is the year of #MeToo. Everyone asks whether this will be a watershed in the way women are treated in our society. The honest truth is that we will not be able to answer that question until 2019, but I really hope that the Minister listens to the powerful case my hon. Friend the Member for Great Grimsby made and to the pleas from women in places such as Walthamstow and that he helps to ensure that that happens. Perhaps then, in 2019, we will be able to look both our sons and our daughters in the face and say, “Finally, we are moving towards a better society.”
Mhairi Black (Paisley and Renfrewshire South) (SNP)
It is an absolute pleasure to follow the hon. Member for Walthamstow (Stella Creasy), who made a cracking speech. I agree with most of what she said, so I will not go over the same points.
I want to talk a wee bit about my own perspective and experience, so forgive me if my speech appears a little self-indulgent. To me, there are two main strands to this issue: the structural side and the cultural side. Let me deal first with the structural side, which brings me back to my first tutorial at university, when we were asked why women were still unequal. I said that the problem begins with how and when our society created the structures that we still use today. There was a time when we kidded ourselves that everything was as simple as a man marrying a woman, him going to work and her staying at home to look after anything domestic. It was on that foundation that we built and viewed everything as we know it today: the economy, our legal systems, our work environments and our Governments. Everything was owned and created by men, with the false assumption that the nuclear heterosexual family was normal.
Rightly, we slowly began to realise that there is no such thing as normal—that women can be different and yet just as capable as men, and that what they do with their lives should not be assumed for them. We have begun to address some of those barriers, but, fundamentally, we are trying to find ways almost to stuff women into that structure without fully reflecting on the fact that it was created at a very misogynistic time and from a very patriarchal perspective. There has been no recognition that our economy and our work life completely fail to address or even acknowledge the existence of things such as period poverty and cripplingly painful menstrual cycles, which are more common than most people think. Until we accept and change the fact that everything comes from a patriarchal perspective, we will always struggle.
That brings me to the cultural side of this issue. It feels like we are at a turning point with things such as the “Time’s Up” movement. Frankly, the bravery of the women who have come forward to talk about their experience of abuse, sexism and misogyny, no matter how small it may seem, is incredible. I cannot say it has been positive in terms of moving us forward, but if we have learned anything from all that, it is that these are not small occurrences. The downside to all this progress is being faced with the reality that the women in my life, whom I know and love, have been raped, beaten, assaulted, called sluts and whores, and groped throughout their lives, and they have been led to believe that that is normal and is just a given—that it is just something that happens and, like the hon. Member for Walthamstow said, something that women should somehow deal with or solve themselves.
Misogyny is absolutely everywhere in our society, to the point that we often miss it because it has been so normalised by being continually unchallenged. Some folk will be uncomfortable with the graphic language that I am about to use, but I am not going to dilute the reality of such an important issue. I am used to online abuse in particular. I am regularly called a wee boy, and told that I wear my dad’s suits and stuff. Me and my pals actually laugh about it. That is how I cope with it. We find the best insults, and that is how we have a laugh, but I struggle to see any joke in systematically being called a dyke, a rug muncher, a slut, a whore and a scruffy bint. I have been told, “You can’t put lipstick on a pig,” and:
“Let the dirty bitch eat shit and die”.
I could soften some of this by talking about “the C-word”, but the reality is that there is no softening when I am targeted by these words: I am left reading them on my screen day in, day out. Someone said:
“She needs a kick in the cunt”.
I have been called “guttural cunt”, “ugly cunt” and “wee animal cunt”. There is no softening just how sexualised and misogynistic the abuse is. Some guy called William Hannah—I have never heard of him in my life—commented:
“I’ve pumped some ugly burds in my time but I jist wouldn’t”.
I have been assured multiple times that I do not have to worry because I am so ugly that no one would want to rape me.
All those insults were tailored to me because I am a woman. We can kid ourselves that those are comments by a few bad, anonymous people on Twitter, but they are not: this is everyday language. I am aware that everyone here was uncomfortable hearing those insults—I felt uncomfortable reading them out—yet there are people who feel comfortable flinging those words around every day. When that language goes unchallenged, it becomes normalised, and that creates an environment that allows women to be subjected to a whole spectrum of abuse. I regularly see guys on Facebook talking about “getting pussy” and using other horrible words for women, but should we really expect any better given that the man sitting in the Oval Office thinks that it is okay to grab a woman by the pussy and faces no consequences?
Even in this place we need a bit of self-reflection. We are only starting to appreciate the full extent of the abuse and danger that women face on a daily basis, yet only a few weeks ago in the voting Lobby I was physically pressed up against a Member who has been accused of sexual misconduct, because there is so little room. That is not normal, and it is fair to say we should be looking at and talking about that. I am blessed in that I have the same right and influence as any elected man in this place, but what about all the female staff here who do not? Is that really the best example we can set for society? Surely it is something that we should at least be talking about.
As another personal example, I have been open in saying that I have been very unwell recently and was unable to travel and, therefore, vote. Like most people, I have no desire to disclose to the world the private, intimate and often embarrassing details that regularly come with illness. That is the business of my doctor, my Chief Whip and me—no one else—just as it would be in any other workplace with a line manager.
A fortnight ago, the hon. Member for Edinburgh South (Ian Murray), alongside the hon. Member for Glasgow North East (Mr Sweeney), suggested that I turn up for work more often, as I had a poor voting record. I responded to let them know I had been ill. I also pointed out the level of abuse and misinformation they were causing for me, but they stood by their comments. My Chief Whip wrote a letter to theirs, asking for an apology, retraction and correction, but there has been nothing, and still the abuse still comes my way daily. For two men to feel it is appropriate to chastise a female colleague publicly for a medical absence is bad enough, but knowingly to continue to misrepresent and cause abuse is frankly out of order. Judging by the House of Commons code of conduct, it qualifies as bullying, as it would in any other workplace.
Believe it or not, I have never lost sleep over the opinions of either of those hon. Gentlemen, and I have no intention of starting now. However, I am in a position to say something about it. What about the woman out there who has had a hysterectomy and is getting the same rubbish at her work? Or what about the woman with post-natal depression who has extra stress added on by having to put up with this kind of nonsense in her work?
Last year, the Fawcett Society launched a sex discrimination law review. It said:
“The long-term aim is to nudge people towards a culture shift and to reframe misogynist behaviour as socially undesirable.”
Perhaps it is time we assessed the example that we set, because if we cannot get our own House in order, how can we expect anyone out there to?
Carolyn Harris (Swansea East) (Lab)
May I say what a pleasure it is to serve under your chairmanship, Sir David? I congratulate my hon. Friend the Member for Great Grimsby (Melanie Onn) on securing this important debate, and all Members on the powerful words they have used. Unfortunately, I am not uncomfortable with the language used by the hon. Member for Paisley and Renfrewshire South (Mhairi Black), because I, too, am normalised to hearing such words, as most people are in society.
Like many others who have spoken, I share the view that crimes motivated by prejudice and hostility should always be considered to be hate crimes. In England and Wales, we see hate crime figures increasing year on year, but that is partly due to better recording and an upsurge in victims coming forward. In 2016-17, more than 80,000 incidents were recorded when victims were considered to have been targeted because of their race, religion, sexual orientation, disability or transgender identity.
What about the crimes committed as a result of hatred or prejudice against someone because of their gender? Surely sexual discrimination, violence against women and sexual objectification are all hate crimes. All too often, society and the legal system continue to trivialise such acts of abuse. There is a need for a long overdue change in the law so that misogynistic acts are treated as the serious hate crimes they actually are.
Kirstene Hair (Angus) (Con)
Will the hon. Lady join me in looking forward to the publication of Lord Bracadale’s review on hate crime legislation in Scotland, which is considering whether gender should be made a new category in hate crime?
Carolyn Harris
I welcome any information coming forward that helps us to hammer the point home.
The recent rise in cases of upskirting is a prime example of how these crimes are being played down. It is vital that such behaviour is seen for what it is. It is not a bit of fun or a harmless prank; it is humiliating for victims and a huge invasion of their privacy. It should be made illegal. [Interruption.] I apologise if I am echoing—that was me in stereo.
A recent sex discrimination law review by the Fawcett Society found that violence against women and girls is endemic in the UK, and it concluded that the legal system is failing these women and is in need of fundamental reform. The evidence it gathered is deeply disturbing, highlighting that incidents of violence, abuse and harassment of women are increasing while access to justice for victims remains poor.
The review’s recommendations outlined a need to change the law so that women can be confident in reporting crimes against them. Women who have been raped should not be forced to divulge their own sexual history. Laws on sexual harassment in the workplace need to be strengthened to protect women from third parties, customers and service users, as well as from colleagues. Breaches of domestic abuse orders should be classed as criminal offences, and the definition of “revenge porn” needs reviewing and strengthening.
Any incident motivated by—or perceived to be motivated by—prejudice should be considered a hate crime. I welcome the progress we have seen in our legal system in recent years on the detection, reporting and prosecution of hate crimes based on the five current centrally monitored strands of race, religion, sexual orientation, disability and transgender identity. However, that progress also highlights the glaring omission of criminal offences motivated by other characteristics such as age and appearance, and specifically gender-based crime.
On appearance, I personally have become the subject of abuse purely because I am of a larger size and some people probably think I wear garish clothes. I feel comfortable in myself and my appearance, but others seem to take pleasure in homing in on the fact that I am not a size 8. That is their problem, not mine.
Some forces have already started to take action. As we heard from my hon. Friend the Member for Ashfield (Gloria De Piero), in 2016 Nottinghamshire police extended its definition of hate crime to include misogynistic incidents for a two-month trial period. The success of that trial has not only seen it keep the trial in place but drawn interest from other forces around the country, including North Yorkshire police, who publicised in July 2017 its intention to record misogyny as a hate crime.
Despite that positive step forward, those local initiatives are just that—local, and not centrally monitored. We need amendments to existing legislation, or, at the very least, non-legislative changes to the list of centrally monitored hate crime characteristics to include sexual discrimination as the sixth strand. Misogyny is a hate crime. It is motivated by hostility, and it needs to be treated in exactly the same way as other hate crimes. It is now time for action, and time for victims to be given fair treatment.
The Minister for Women (Victoria Atkins)
I thank the hon. Member for Great Grimsby (Melanie Onn) for calling the debate, particularly as tomorrow we celebrate International Women’s Day, when I hope the House will have a long, thorough debate on the issues facing women—not just in this country, but across the world. One thing that, sadly, too few women across the world have is the right to participate in democratic processes. Today, we have seen how valuable the democratic processes of our country are. I hope very much that Back Benchers and those of us on the Front Benches do everything we can to safeguard the principles of democracy in this great country. [Interruption.] It appears that I am in stereo as well.
I am also feeling a little bit rebellious. Pretty much for the first time on Sunday, I went on a march—I am not a frequent participant: the March4Women. We were joined by up to 10,000 supporters, and we took over the streets, perhaps in a way that the hon. Member for Walthamstow (Stella Creasy) would have liked. It was an incredible experience to feel that energy and positivity, but sadly some of the women and men on the march also felt anger about some of the issues we have been discussing today. Against that backdrop, I congratulate the hon. Member for Great Grimsby on securing this debate, and other hon. Members on participating. I hope that this will lead to a continuation of such debates over the year—this year of all years.
The hon. Lady used one phrase that very much stuck in my mind: she described the abuse faced by girls and women in the street or workplace as “the wallpaper of their lives”. I hope that we will get to a stage—sooner, rather than later—when that is no longer the case. The Government are clear that any crimes that target women, whether sexual offences, domestic abuse, or any other forms of abuse, are completely unacceptable and out of step with where we are as a society in 2018.
Since 2010 the Government have done more than ever to tackle these crimes, pledging £100 million over four years to support our ending violence against women and girls strategy, and committing to publish a landmark draft domestic abuse Bill. I hope that Members will use their networks to ensure a good response to the consultation when it is launched, and I am sure some of these issues will be raised during it. We play a leading role in the world in our response to violence against women and girls. We have introduced new offences for coercive and controlling behaviour, stalking, forced marriage and female genital mutilation. We have banned revenge porn, and only last month the Sentencing Council announced increased sentences for domestic abuse, in recognition of the seriousness of such crimes.
Sadly, we know that women and girls face harassment and abuse all too often, and understandably people are calling for action. This involves not just women and girls, but men as well: I feel obliged to remind Members, in the heat of this issue and debate, that most men behave with decency, propriety and respect towards women. However, they are not the men we are worrying about in this debate, and today we want to focus on those who fall outside the majority and treat women in a disrespectful or abusive way.
Melanie Onn
I entirely support what the Minister is saying, and I feel strongly that men have a critical role in setting a positive example for young men who are growing up. I went running with my son, and someone in a van decided to beep as they drove past and shout something out of the window. My son was confused by that, and wanted to know what it was all about. I did not know where to start—I do not want to introduce the idea that such things are a common form of behaviour. The Minister is right in what she says, and I applaud her for setting it out so clearly.
Victoria Atkins
Indeed, and sometimes men can be the best feminists of all. My little boy is growing up thinking that of course women are Members of Parliament, and of course they are Prime Ministers, because that is what he understands at the moment. The value of men in this debate is important and we all have supportive male colleagues. If we are honest, none of us—or very few of us—could do the amazing job of representing our constituencies in the House of Commons without support networks. Those networks could be male, female or whatever, but we need people behind us—our family and friends—to support us in this role. Men have a vital role in this debate.
Let me turn to current hate crime provisions; if I may, I will be quite detailed in my response on the law because we must take this issue step by step. Currently, specific hate crime provisions, including aggravated and incitement offences, and aggravated sentence uplift, are for offences that target race, religion, sexual orientation, disability and transgender identity. Hate crimes are motivated by hostility or prejudice against a person on the basis of one or more of those five strands. It is a fundamental aspect of the legislation that those motivations can be proven to demonstrate the hate element, including where that leads to sentences being increased.
At the moment we have no clear evidence to show the extent to which the range of crimes committed against women and girls are specifically motivated by misogyny, which is defined as
“the dislike of, contempt for, or ingrained prejudice against women.”
The police pilots that have been mentioned in this debate are of great interest to the Government. As the hon. Member for Great Grimsby said, there are pilot areas across the country, including in Nottinghamshire, where it has been led by Sue Fish, the former chief constable of Nottinghamshire police. That approach has been used to help give women confidence to come forward to the police to report incidents, and to raise the priority of investigations and enhance support offered to women and girls. There has been positive early feedback from women and girls, and those who support them, which is why the National Police Chiefs’ Council is gathering more data on those local initiatives. We will ask the police to feed back on the results of any pilots such as that in Nottinghamshire in recording misogyny as a hate crime.
However, we must be careful about creating laws that would inadvertently conflict with principles of equality. My hon. Friend the Member for Shipley (Philip Davies) is no longer in his place, but he raised a point about misandry. Under the Equalities Act 2010, certainly in the workplace we must balance the issue of equality. For example, our laws on religious hate crime provide equal protection for people of all faiths and of none. Equality of protection is a crucial element of ensuring public support for hate crime legislation. In other words, if we were to have hate crime in relation to gender, we would have to think carefully about whether that would apply to the entire population or just to half of it.
Melanie Onn
Rather than considering the barriers, I strongly request that the route to overcoming potential obstacles requires the intent of securing misogyny as an extension to the categorisations as its ultimate aim. Although issues may present themselves, I am sure the Minister has flexed her intellectual muscles on more complex issues than this, and I hope she will apply similar rigour to achieving something that fundamentally could be really positive for our society.
Victoria Atkins
Very much so. I am setting out these points because one’s instinctive reaction might be, “Yeah, let’s go for it”. But we must be mindful of unintended and inadvertent consequences. I wonder whether hate crime legislation is definitively the best way to treat these crimes. Women are not a minority, and I would be hesitant to put us forward as one.
Perhaps I am a little more robust in the way that I would like this abuse and harassment to be treated. Within equalities legislation, it is being a minority covered by the five strands that causes something to fall under hate crime legislation. [Interruption.] I see that the hon. Member for Walthamstow is perched on her seat.
Stella Creasy
We must be very careful when we talk about being “robust”, because we are putting this back on to women and how they manage these experiences, rather than challenging the behaviour. The Minister says that this is about being a minority, but the disproportionate balance of power in our society means that one “minority”—men—have disproportionate power over women.
These incidents are about the abuse of that power, just as we see the abuse of people on the basis of their religious characteristics or ethnic identity. I do not think the Minister’s minority/majority point is robust enough to defend not looking at whether, if we were to categorise misogyny as a hate crime, that would recognise fully the protected characteristic that we are seeking to include.
Victoria Atkins
I am so glad that the hon. Lady clarified that. I was not for a moment suggesting that women themselves must be more robust in the way they deal with such things. That is not my intention. I am saying that we as a society should be more robust.
It comes down to attitudes—something that has been raised a great deal in the debate. I am treading carefully at the moment with respect to equalities legislation because, as far as inserting anything into the current hate crime provisions is concerned, there are legal wrangles that we have to consider. We want to ensure that any changes that we make in the law to reflect the abuse in question would not have any impact on the five protected strands—of religion, and so on.
Melanie Onn
I thank the Minister for being generous in taking interventions. Does her concern about including misogyny in the legislative framework call into question the existing extensions, and what police forces are doing?
Victoria Atkins
No. At the moment we do not have any clear evidence and, as I have said, we welcome the evidence from the pilot projects. However, the practical legislative steps are what we must put our mind to—as we are doing. I am flagging them up as issues that we shall have to settle one way or another.
For example, there are high rates of under-reporting of the existing five strands of hate crime. We would not want to remove the focus from them, because we want to encourage more people to report that they have been abused racially or because of their religion. Perhaps the best way I can sum up our position is to say that the Government are listening.
There have been calls from both sides of the Chamber for a change in attitudes. When I practised at the criminal Bar, I used to say that by the time things have got to court the harm has been done, and it would be much better if they did not happen in the first place. We all need to challenge the attitudes that normalise or excuse the abuse and harassment of women. We have had examples today of the abuse that colleagues have, sadly, faced in their professional lives. I commend their calling out those instances of abuse. Perhaps I may say that I constantly admire the hon. Member for Swansea East (Carolyn Harris) for the beautiful necklaces that she always wears, and I do not understand why anyone would feel they had reason to make any criticism about that.
The Government Equalities Office is taking forward a programme of work to identify and challenge harmful social norms, ensuring that men and boys are included in the conversation as well as women. We need to ensure that all children grow up understanding that we should all be treated with respect, and not abused on the basis of gender, race or religion, and so on. Working with the Advertising Association, we have provided teachers and parents with resources to improve primary school children’s resilience with respect to harmful gender stereotypes. In addition, following on from the successful “This is abuse” campaign—and it was successful in teaching people about what constitutes an abusive relationship and what should be normal and acceptable in a loving relationship—the Home Office and the Government Equalities Office have provided £3 million in the past year to develop and run a new “Disrespect NoBody” campaign, to tackle abuse within teenage relationships and encourage teens to rethink their views on violence, controlling behaviour and the meaning of consent in relationships.
Modern life can impinge on those matters as well, in the form of sexting and so on. We are also engaging with young people on questions of respect and equality to prevent such behaviour in the first place. That is why we have committed to making relationships education mandatory in all primary schools, and relationships and sex education mandatory in all primary schools from September next year.
Stella Creasy
I completely agree about the importance of getting sex and relationships education into every school. It is age-appropriate and sensitively done, so does the Minister share my concern that parental withdrawal might undermine the principle of giving every young person the best start in life and the best values about how we should treat each other?
Victoria Atkins
I must admit I am naturally cautious about the state interfering—or rather, because “interfering” is too pejorative a term, about the reach of the state into family life. Of course it is justified on occasion, but at the moment I do not have enough evidence to suggest that the rate of withdrawal would be very high; we simply do not know at the moment. Also, we should try to take parents with us. There is a lack of understanding about the education intended for primary school children about relationships and respect. We need to explain that more, so that when children start to receive that education people understand the boundaries of what their seven, eight or nine-year-old will hear in school. I would naturally just pause before setting out such legislation to make it mandatory, before we have evidence about how many families are going to withdraw.
To move on to the legal framework, there are of course criminal laws that prohibit sexual harassment, assault and rape. They include the Protection from Harassment Act 1997, which could cover sexual harassment, as well as the Sexual Offences Act 2003 and the Public Order Act 1986. We want women to know that those protections are there for them in law. It is also vital that when women and girls report their experiences they feel that they are treated with dignity and respect. We have recognised in our violence against women and girls strategy the gendered nature of crimes such as domestic abuse, sexual violence, so-called honour-based violence and stalking. As I have said, we have committed more than £100 million over this spending review period for critical services for victims of those crimes. We are committed to ensuring that victims of sexual assault have access to the specialist support that they need. We are also ensuring that the police and Crown Prosecution Service use the powers that they have to charge and prosecute for the abhorrent practice of upskirting. We are reviewing those powers to ensure that they are still fit for purpose.
Laws need to keep pace with modern life—and upskirting is, indeed, an example of that. We are determined that the internet should not be a safe place for those who carry out threatening or abusive behaviour online, whoever is being targeted. The Government are clear that what is illegal offline is illegal online.
Joanna Cherry (Edinburgh South West) (SNP)
The Minister is being generous in giving way. I apologise for not being here earlier, as I was in Committee. She will be aware of Amnesty International’s research into abuse of female MPs, which was published last year when I, along with the Home Secretary and the shadow Home Secretary, were listed among the most abused UK female MPs. A lot of that abuse is misogynistic. What are the Government doing to address the abuse that is directed towards female MPs? We all know that the shadow Home Secretary gets by far the worst of it, but as the second most abused female MP in the UK I find the degree of homophobia, misogyny and anti-Catholic abuse that I must tolerate online quite shocking.
Victoria Atkins
That is disgraceful to hear. It comes to something, does it not, when colleagues have a league table of the people who receive the most abuse? It is a sorry sign, and the Prime Minister is absolutely committed to tackling the problem. The hon. and learned Lady may recall that on the day of the centenary of women’s suffrage, the Prime Minister announced that we have commissioned the Law Commission to launch a review of the current legislation on offensive online communications to ensure that laws are up to date with technology. We have tackled the question of the treatment of women in public life—it is not just women Members in this place; we know that women who have any sort of high profile, whether through business, television or whatever, sadly get their share of abuse.
I was rather surprised when I gave an interview on that day and the person interviewing me asked me why I was not on Twitter. I said, very matter-of-factly, “I came off it because I got fed up with the abuse.” I thought no more of it; I did it quite some time ago. That seemed to attract attention. The reason I raise it is that I would like to emphasise to anyone who may be thinking of standing for public life that they do not have to be on Twitter if they do not want to be. If they want to be, fine, but equally it is not mandatory to be on Twitter if they do not want that side of things. There are other social media platforms, all of which I am sure everyone is very aware of.
Joanna Cherry
I take the Minister’s point that nobody has to be on Twitter, but does she agree with me that women in all walks of life should not feel forced off Twitter because they are abused simply for having the effrontery to hold a view and to articulate it?
Victoria Atkins
I would not describe myself as feeling forced to leave Twitter; I just took the decision. That is the point I am trying to get across. We are all trying, on a cross-party basis, to attract more women into politics. There is a great campaign called 50:50 Parliament, which is encouraging more women to stand, not just in national Parliament but in local councils and so on. I am just saying that there are many ways of doing this job, and it is one’s own choice.
Mhairi Black
I completely appreciate the point the Minister is making, and I have done the same thing; I have been on Twitter and said, “Oh, I can’t be bothered with that,” and I have put my phone away and not looked at it for a couple of weeks. That is fine, but the reality is that all the views are still there, whether or not I am online and looking at them. Whether or not we use Twitter, the vast majority of the public do. As long as they are in a sphere where that kind of stuff is acceptable and completely without consequences, our coming off Twitter does not solve anything.
Victoria Atkins
Of course. Social media and the tech companies are coming under a lot of attention at the moment for the way in which they are reacting not just to abuse online, but to the fact that criminals are using social media networks for horrific crimes such as child sexual exploitation and terrorist offences. As I see it, if we are not on the cusp of revolution, it feels as though we are perhaps beginning the beginning of the cusp of a revolution, in that we have got to a stage where we expect more from the people who run those great big companies and have such a sway over our day-to-day lives.
Mhairi Black
Is that not where Government step in and we lead by example? If we are able to say to the tech companies that we think they should be doing more to clamp down on such views, and if we, as the leaders of society, are looking at this cultural and structural problem and seeing that our society is poisoned with this stuff just now, it is on us to do something about it. It is not just for the Twitter and Facebook giants; it is on us.
Victoria Atkins
The hon. Lady will know that the Government are taking the issue seriously, particularly in the areas of counter-terrorism and the sexual exploitation not just of children, but of women. We are taking it very seriously. Indeed, I was at a conference of the global partnership to end violence against children last month in Sweden. I was there to explain what the United Kingdom is doing to support the WePROTECT global alliance. That is an extraordinary, groundbreaking global alliance of Governments to tackle online child sexual exploitation; as we know, there are no geographical boundaries to it. I think I am right in saying that we are the highest contributor to the scheme, with £50 million, and we are doing some groundbreaking stuff on programmes that are creeping through the net and getting to the sites that are sharing the most appalling images.
Angela Crawley (Lanark and Hamilton East) (SNP)
Will the Minister give way?
Victoria Atkins
Will the hon. Lady forgive me? I am conscious that the hon. Member for Great Grimsby will want to respond, and I have two more pages, which may take me a couple of minutes.
On the issue of the internet, we have also published the internet safety strategy Green Paper to look at ways of tackling online abuse and harassment where they fall short of a criminal offence, such as, in some cases, trolling. That includes a commitment to introduce a voluntary social media code of practice. In addition, since 2015 we have introduced strong legislation to address revenge pornography—another way in which women can be humiliated online and have their lives affected by relationships that have since ended—and the helpline we funded has received more than 6,000 calls since 2015.
I thank the hon. Member for Great Grimsby for calling this debate. I will end on a positive note: this is the centenary of women’s suffrage, and I have promised friends and family that by the end of the year they will be thoroughly fed up with me using the phrase “Ask her to stand”. We have seen today in the Chamber the impact that women standing up and speaking on issues that matter to them and to their constituents can have. I am sure I am not alone in hoping that through this debate and our cross-party activities this year, we will encourage more women to stand not just for the House of Commons but for local government, local councils and devolved Assemblies and Parliaments. If more women stand for elected office to talk about and campaign on issues that they care about, they will make a difference. I will end with my hashtag, #askhertostand.
Melanie Onn
I thank the Minister for her very detailed and considered response. I genuinely urge her to take the points I have made seriously; they were made in good faith. I was determined to ensure that this debate would not be trivialised or minimised, and I tried as much as possible not to make it about us, because the issues that affect so many women in all our constituencies on a regular basis—from a very young age, which gives me such cause for concern—are important and should be at the forefront of our thoughts at all times.
This is a really important issue. It might start at the level of street harassment, but too often it ends up in much more serious offences. I have just been looking at my Twitter feed—perhaps I should come off it—and it is now filled with comments asking if I have nothing better to do and whether there are not more pressing issues facing my constituents that I should be tackling. In my constituency we have an excessively high rate of domestic violence, and there are children in primary and secondary school who accept that violence in a relationship is somehow normal and to be expected. If, by challenging the acceptability of those attitudes, I can do anything to nip in the bud the extension of low-level abuse leading to more serious harassment, I will consider my time and Parliament’s time very well spent. If that makes women come forward to report more incidents, it is certainly the right thing to do.
I want to come back on the Minister’s point about the numerical minority of women. I suggest that the power imbalance in society leaves women in a minority position, whether that be in terms of equal pay, membership of company boards or our experience of harassment and abuse, which the statistics bear out. We are always put in a minority position, even if our numbers do not indicate that we should be.
On the points about existing legislation, so often the thresholds are not met and the police do not feel confident about taking forward cases. That leaves women feeling that they should not report, because the crimes are not deemed to be serious enough and insufficient action is taken as a result. It is clear to me from the testimony in the contributions that we have heard today that we must do all that we can to try to tackle the culture and attitude that seem so pervasive in society today. Until we do that, we will not start to see the positive impact that the Minister is working so valiantly towards achieving when it comes to much more serious crimes, such as domestic violence and rape. I thank her very much for her consideration and thank everyone for their contributions, which are very much appreciated.
Question put and agreed to.
Resolved,
That this House has considered misogyny as a hate crime.
Fairly Traded Goods
(6 years, 9 months ago)
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Geraint Davies (Swansea West) (Lab/Co-op)
I beg to move,
That this House has considered support for fairly traded goods.
It is a great pleasure to serve under your chairmanship, Sir David, and to be the standard bearer for fair trade in Fairtrade fortnight. I do that as a proud Co-operative and Labour, as well as Welsh, MP.
Ten years ago, Wales became the first fair trade nation in the world. Swansea is a fair trade city. Four out of five local authorities in Wales are fair trade, as are all the churches and 150 of the schools, which represents 20% of the stock of fair trade schools in Britain. We take fair trade very seriously in Wales, as do others, because the world trading system is rigged in favour of the more powerful players, be they multinationals or big countries, arranging trade agreements in their own interest. As the Minister knows, fair trade is about giving a fair price, fair living standards and sustainable situations for smaller producers in Fairtrade-accredited industries.
People will know about the example of bananas. I am sure that, like me, you enjoy a banana, Sir David. Bananas are the most popular fruit in Britain and around 6 billion are consumed here each year. Fairtrade bananas, which are now commonplace in supermarkets, show that the right price is paid. That is translated into working conditions, living wages, the permission to have organisational safety standards and, often, a Fairtrade premium, which can be invested in schools and education. Fairtrade farmers say that that generally increases their income by 34%.
Jim Shannon (Strangford) (DUP)
I congratulate the hon. Gentleman on bringing this issue forward. Does he agree that this £2 billion annual enterprise does so much good and that the message must be sent that an extra 5p or 10p for a fair trade product does not make any difference to us in this country, but means life or death for the farmer, who is getting a fair price for his goods, so we do not mind paying that?
Geraint Davies
I very much agree. A small increment in the price in the supermarket makes a massive difference to the take-home pay of the producers, who are often exploited. The hon. Gentleman knows that a third of the world’s population live on less than $1 a day. We must ask, who are those people? How can we help them? How significant is that help? A few pence on the price of a banana makes a massive difference.
Holly Lynch (Halifax) (Lab)
My hon. Friend is making a powerful speech, and I congratulate him on securing the debate. It is Fairtrade fortnight, which presents a fantastic opportunity relating to his point about knowing who benefits. I congratulate the Fairtrade Foundation and others that host fair trade producers in the UK so that those producers can share their stories. Those stories are incredibly powerful and bring fair trade to life for lots of consumers in the UK. As much of that work that we can do, the better. It really does bring this issue to life for people.
Geraint Davies
I agree with my hon. Friend. We can do a lot in this place to secure and augment fair trade through our trade negotiations, but ultimately consumer power is what really puts pressure on politicians and on producers to produce fairly. People understanding their choice about a product makes a real difference at the coalface, the banana plantation, the tea plantation or whatever. When people make those choices, they make a difference. In turn, producers will change their minds and Governments will listen. Those organisations, keeping hope alive, keeping the campaign going and awareness are all crucial to create a better world, which otherwise will be naturally fixed in favour of the larger, more powerful players.
I am not going to go through all the markets, as time does not permit, but people will be familiar with gold, which symbolises love, power and wealth, but not for the people producing it. They may be in appalling conditions and having to use mercury and other toxic and hazardous products to process that gold. Therefore, it is important to have minimum prices, living wages and environmental conditions such as clean air. Those are underpinned by fair trade standards and are, again, why fair trade is so important.
I am a Member for the Co-operative party—a big group in Parliament. From the outset, the Co-op party has been instrumental in changing the way businesses are delivered in the interests of both workers and consumers. It has been a pioneer of the fair trade movement and wants to see it going forward. I am proud of that and want the Government to encourage more co-operatives alongside fairer trade.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The hon. Gentleman is making a powerful case for fair trade. Will he join me in recognising the important role of local groups, such as those in Selkirk and Melrose in my constituency, which do so much to promote fair trade? I will visit Selkirk’s Fairtrade pop-up shop on Friday, which will be promoting Fairtrade products. In addition, young people play an important role in educating society and the wider community about the importance of fair trade. Does he agree that young people are the great champions and ambassadors of fair trade and should be encouraged?
Geraint Davies
I completely agree. I support the local initiatives that the hon. Gentleman mentioned and the granular approach to fair trade. Ultimately, we as individuals, buying bananas, coffee, gold or whatever, will have a direct impact on the livelihoods of small families producing those products elsewhere.
As the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) suggested, young people with their lives ahead of them often think about what is right and wrong in this world, and think, “How can I affect that? Am I powerless and therefore disinterested in the political process?” They want to engage in this sort of thing both politically and in the choices they make, the people they talk to and how they influence their family and community. It is imperative that we have consumer push, as well as policy direction, to deliver fairer trade. Those will be alongside the powers in the marketplace that are honing down to stop that happening, in the interests of pure profit and cost reduction—but consumers can often afford to pay these prices.
The nub of the issue is that, in every probability, we are approaching Brexit. How will our trade arrangements be made? Can we sustain, enhance and build on what we have done with fair trade, or do we face real pressures to be like Oliver Twist in our global trading position and say, “Can I have some more?”, while turning our back on Europe? The reality is that Europe has high terms of reference in trade. I would like assurance from the Minister that we expect our future trade relations at least to match what the European Union enjoys in ensuring sustainable, environmentally friendly and fair trade in its dealings.
There are concerns that we will be under pressure from the United States, which has become more protectionist with its talk about tariffs, or big players such as the Chinese. We need assurances in black and white in the Trade Bill and the European Union (Withdrawal) Bill that we will keep the highest standards in our trading agreements. For that, transparency, scrutiny and agreement of future trade agreements are required so that people can rest assured that environmental standards, human rights and living standards will be protected to a minimum guaranteed level.
I am interested to hear the Minister’s comments on how we can ensure that the value and volume of fair trade that we import to Britain are at least sustained, and ideally grown. What mechanisms can we use to sustain those, rather than just hoping for the best?
There are concerns from the Fairtrade Foundation and the Trade Justice Movement, which said that the current situation is not fit for purpose. We face an opportunity for more transparency, more scrutiny and more assurances on fair trade, with a view to helping environmental sustainability, sustaining human rights, rather than making them worse, and meeting our sustainable development goals. I would be grateful for the Minister’s assurances on that.
As we move towards Brexit and turn our back on the EU marketplace, I fear that we will be hobbled because of economic pressures and that we will not be as able to take global leadership in this area. Places around the world, including the Commonwealth, have historically seen Britain as a trading pioneer that has set standards for an environmentally and morally—in terms of living standards—sustainable world. We need to have down in black and white the ways in which we will ensure that we keep those high standards in future.
I intend to table amendments to the Trade Bill to ask for scrutiny and for assurance that the minimum trading standards that we enjoy in the EU will be sustained, which would mean that we could all look forward to a fairer, more equal world as trade inevitably increased and that the poorest families would benefit from trade, rather than inequality growing in the world we share.
The Minister of State, Department for International Development (Harriett Baldwin)
It is a pleasure to serve under your chairmanship, Sir David. I congratulate the hon. Member for Swansea West (Geraint Davies) on securing this important debate during Fairtrade fortnight about the valuable role that Fairtrade plays for us as consumers. It is a familiar, well-known brand that we all recognise, including children choosing bananas in the supermarket. Many years of work have gone into building up the brand.
It is wonderful to see the chair of the all-party parliamentary group for Fairtrade, the hon. Member for Halifax (Holly Lynch). The all-party group plays an important role in keeping that valued brand at the forefront of our minds during Fairtrade fortnight.
Sandy Martin (Ipswich) (Lab)
Before I was elected to this place, I was proud to bring a motion to my borough council to make Ipswich a Fairtrade town. Does the Minister agree that having Fairtrade councils that lead at the forefront through education will have a greater impact on consumer behaviour than if we leave it up to advertisers and individuals?
Harriett Baldwin
The hon. Gentleman gives an important example of the valuable role that local councils and councillors can play. Parliament is also involved in promoting Fairtrade goods. It was wonderful to hear from the hon. Member for Swansea West about the remarkable example of support for Fairtrade from people across Wales.
I very much welcome Fairtrade fortnight, which is a fantastic opportunity for UK consumers and businesses to stand together to emphasise the important link between what we consume in the UK and the farmers and workers who grow our food produce, and to show our support for fairly traded goods.
Geraint Davies
I am grateful for what the Minister said about Wales. Does she agree that it is imperative to ensure that consumers across Britain know when they are buying Fairtrade goods and to highlight the fact that those choices exist, from the Government’s point of view? That would put further pressure on producers. We do not want a situation where people do not realise they have Fairtrade options and so cannot make the positive choices that influence producers and the end result. Will she do everything she can to ensure that everybody knows what they are eating and that those choices exist?
Harriett Baldwin
The hon. Gentleman is right, and he rightly uses his position and this fortnight to make the point across the United Kingdom about the valuable Fairtrade brand—obviously, other approaches are available, as they say on the BBC about particular products. Fairtrade has done a tremendous job of instilling its brand in the mind of the British consumer; the UK leads other markets around the world on recognition of that brand, although it is recognised in other countries. Fairtrade shows us real examples of the links between workers and consumers, which is very powerful.
Geraint Davies
What does the Minister think about the danger of the Fairtrade brand being undermined by half-weight replicas when companies say, “Oh, this is sort of fair”? There is confusion because we know what the Fairtrade brand delivers and we want that to grow, but if companies that are not properly Fairtrade have something that sounds a bit like it, and consumers think, “That sounds all right,” that is a worry—it is Fairtrade-lite.
Harriett Baldwin
I think the hon. Gentleman is indirectly alluding to another major supermarket that came up with a different approach. He will be aware that the hon. Member for Walthamstow (Stella Creasy) has been in touch with the Advertising Standards Authority and that it ruled on the situation today. I will not dwell on that, because it is a matter for the Advertising Standards Authority, but I join him in celebrating the fact that the Fairtrade brand has stood the test of time. As consumers, we all know and understand it. I welcome his championing of that. It is also important that, as a Labour and Co-operative MP, he highlights the work that the Co-op does in stocking Fairtrade brands.
I am happy to highlight the work that the Department has done over a long period to support Fairtrade and the principles it stands for of free, fair and inclusive trade. It is one of the cornerstones of our economic development strategy, which sets out our plans to promote economic growth and decent jobs worldwide, and ultimately to build a safer, healthier, more prosperous world. To do that, and to achieve those really stretching sustainable development goals by 2030, we will need to continue to work in partnership with businesses, non-governmental organisations, producers and consumers on the important agenda that the hon. Gentleman highlights.
The UK public have demonstrated enormous commitment to Fairtrade, not only in Wales but across the land. There are some 600 Fairtrade communities—including Ipswich, as we heard—and 1,000 Fairtrade academic institutions that help to promote the message. In 2016, the Fairtrade market in the UK generated £32.3 million in premiums, which is money that goes directly to farmers and workers in developing countries. Those communities lead on what the money is spent on, which empowers workers to decide what their priorities are. Last night, I had the privilege of meeting Ketra, a coffee farmer from Uganda, who pointed to the improvements that have occurred over time in her community as a result of that premium.
Fairtrade plays a vital role in ensuring that the rights of workers at the bottom of the supply chain are recognised—an important issue that the hon. Gentleman highlighted—and that businesses have the tools to prevent and stop exploitation. The Government are fully committed to supporting that through the Modern Slavery Act 2015.
Holly Lynch
The Minister is being very generous with her time. When the right hon. Member for Witham (Priti Patel) was Secretary of State, I met her to talk about the Fairtrade principles. One of the most exploitative industries around the world is mining—a point made powerfully by my hon. Friend the Member for Swansea West (Geraint Davies). Fairtrade Gold has done some fantastic work in the industry, and the former Secretary of State was interested in liaising with the Fairtrade Foundation to see what more DFID could do to apply Fairtrade principles to mining around the world. Will the Minister update us on whether that appetite is still there and whether there have been any new developments?
Harriett Baldwin
The hon. Lady raises a really important point that applies not only to gold, but to so many other minerals; some of the working conditions for people in the cobalt industry are absolutely scandalous. I will follow up on her point and elaborate more on what we are doing, because she makes a very powerful suggestion. When we buy phones, for example, we should know that the minerals in them have been mined in good working conditions.
We are working with Fairtrade to develop Fairtrace, a new supply chain mapping tool for cocoa, coffee and tea that will help UK brands and consumers to better understand where their products come from. Companies that have gone through the Fairtrace process include the Co-op and Ben and Jerry’s.
We face many great challenges. More than 40 million men, women and children are working in conditions of modern slavery around the world—a statistic that I find absolutely startling. We cannot help to lift millions of people in the developing world out of poverty without tackling the exploitation of workers in global supply chains. This debate has rightly brought gold and mined metals to the fore. Clearly, more trade on fair terms is the key engine for poverty reduction. Through fair trade, we can increase trade and create a progressive trade policy that increases prosperity for all, acts as a lever for equality and leaves no-one behind.
Geraint Davies
Perhaps the Minister was about to answer this, but what red lines and constraints are the Government planning to put in trade deals? Obviously transparency and scrutiny are a different issue, but what is the plan to discourage trade with those who exploit the 40 million people in modern slavery?
Harriett Baldwin
The hon. Gentleman raises an important point, although I have to say that I disagree with his party’s stance on the customs union because it is really important that as we leave the European Union we can work through trade issues as a sovereign nation. DFID is working closely with the Department for International Trade to ensure that development and global prosperity are at the heart of UK trade and investment policy. Our focus is on helping countries in the developing world to leave their aid dependency behind and become our trade partners of the future. Our key priority is to ensure that our trading relationships with developing countries are not disrupted by our choice to leave the European Union.
We are working to ensure continuity in our relationships with approximately 100 developing countries, which will provide a strong platform to deepen trade and investment partnerships. We are supporting developing countries to take better advantage of trading opportunities. We will build on our track record as a champion of trade and development by offering an integrated trade and development package that improves our trade offer to developing countries. We are fully committed to ensuring the maintenance of high standards of consumer, worker and environmental protection in all our trade agreements. I hope that that statement reassures the hon. Gentleman.
Geraint Davies
The Minister is being very generous with her time. Will data be available to show that we are increasing our focus on the value and volume of fair trade? We need examples of products that have been traced back to their origin to show that they do not come from circumstances of exploitation. I hope she shares my ambition, because the public want to know that they are buying better products from fairer trade. There is an onus on the Government to provide that information and encourage that practice. Can she say anything else about her work with the Department for International Trade to ensure that those values are instilled in trade deals?
Harriett Baldwin
The hon. Gentleman raises data. He will be aware of how protracted the process is; he will also be aware of DFID’s commitment to the Fairtrace process that I outlined, which is very much about ensuring we have data that companies can work through with their supply chains.
The hon. Gentleman mentioned the Commonwealth. I am very much looking forward to the opportunities that will arise from our hosting the forthcoming Commonwealth Heads of Government summit, the theme of which is “Towards a Common Future”. We will really be able to emphasise inclusive, fair trade, and it will be a great opportunity to hear developing country perspectives and drive forward this important agenda. More than a million Fairtrade farmers and workers live in Commonwealth countries; through a fair and transparent trade system, we can secure a more prosperous future for them and for everyone in the Commonwealth.
The Government will continue to champion trade that is free and fair and that helps to tackle the exploitation of workers; create a trade system that works for everyone, including the very poorest; and eliminate poverty through inclusive economic growth.
Question put and agreed to.
Local Museums
(6 years, 9 months ago)
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Stephen Kerr (Stirling) (Con)
I beg to move,
That this House has considered local museums.
It is a pleasure to serve under your chairmanship, Mrs Main.
I should perhaps explain the genesis of the debate to Members, as many people have asked me why I want to raise this interesting subject. Two months ago, there was a threat to one of the local museums in my constituency—a council-supported museum. The Stirling Smith was threatened with closure following the publication of proposals by the local authority to remove its budget over the next five years. In fact, some Members might have signed my early-day motion to bring pressure to bear. That pressure was ultimately successful, because in addition to the actions of hon. Members in this House there was a huge public petition and the council decided not to remove funding from the Stirling Smith, which was a good decision.
Stephanie Peacock (Barnsley East) (Lab)
I am grateful to the hon. Gentleman for giving way and for securing this important debate. On the issue of local authority-funded museums, does he agree that it is concerning that 39% of them have seen funding cut and 85% have cut their hours? Obviously, that will have a knock-on effect on the wonderful services they provide, such as those provided by the Elsecar Heritage Centre in my constituency in Barnsley.
Stephen Kerr
I am grateful to the hon. Lady for her intervention and if she will bear with me, I shall come to that very subject later in my speech.
I believe that it is time for the House to consider the impact that local museums have on our country and our local communities. A lot of major issues affect our museums and I will speak about a number of them today. I also look forward to hearing other Members from across the United Kingdom talk about their local museums; in Stirling, we have a number.
Gloria De Piero (Ashfield) (Lab)
May I pay tribute to the D. H. Lawrence Birthplace Museum in Eastwood, which is in my constituency? We are fortunate that such a famous literary figure was born in Eastwood and I would like us to be able to do more to celebrate him. However, does the hon. Gentleman not agree that, given local authority cuts have been so drastic, lottery funding needs shaking up? Cities have got all this funding, but lottery cash needs to go to towns as well, so that we can do more to protect and promote our local museums.
Mrs Anne Main (in the Chair)
Before I ask Mr Kerr to respond to that, I will point out that we are having mini-speeches. If hon. Members desire to speak, there are plenty of opportunities for them to do so, if they try to catch my eye. Mr Kerr, can we keep interventions brief? Thank you.
Stephen Kerr
I am grateful to the hon. Member for Ashfield (Gloria De Piero) for her intervention and for highlighting that issue. Of course, she highlights the importance of the heritage that our museums represent, but they represent much more. In Stirling, we have a number of museums. The Stirling Smith is the principal museum of the city, but we also have the Argyll and Sutherland Highlanders Museum in Stirling castle, the Dunblane Museum and a number of other smaller museums. That is alongside the major tourist attractions that we have in Stirling, such as Stirling castle itself, which is also home to the famous and internationally important Stirling heads.
Mike Hill (Hartlepool) (Lab)
In Hartlepool, we have a local museum, which is the Royal Navy museum of the north, and a volunteer-run museum at the Heugh battery on the Headland. Does the hon. Gentleman agree that such independent museums are important to the local economy and the tourist industry?
Stephen Kerr
Those museums absolutely are important. Museums such as the one the hon. Gentleman refers to build pride in our heritage and define who we are as a people.
The battle of Bannockburn visitor centre tells visitors about the most important battle in the history of Scotland—and perhaps of England. There is also the national Wallace monument, which holds William Wallace’s original sword. The sword is an impressive sight, standing some 5 feet 4 inches high. The Secretary of State for Defence visited my constituency recently and I took him on a little tour. We passed by the field of the battle of Bannockburn and I told him about what had happened there, and then we passed by Stirling bridge, and I told him about what had happened there. He said, “Is there anywhere round here that I will feel safe?” I replied, “I don’t think so, Secretary of State.” It is a glorious history that we celebrate and our museums play an important part in preserving, archiving and displaying it.
When the art gallery at the Stirling Smith was threatened, I dropped in to speak to the director of the museum, Dr Elspeth King, who is herself a phenomenon. A five- minute conversation with Elspeth is more informative than many hours of sitting in this place listening to debates; I can assure people of that. She is a treasure trove of knowledge and her contribution to civic life in Stirling is exemplary, as she is the chief custodian of the history of our city and district.
The Stirling Smith is a fantastic museum, which was founded in 1869. It was based on the philanthropy of Thomas Stewart Smith, who so far is the only artist in Scotland to have set up a museum and art gallery for the public. He made his money from the sale of the Glassingall estate and from his success as a painter. He signed his will promising the money to the Provost of Stirling to set up a museum in November 1869, but sadly he died only a few weeks later.
Philanthropists such as Smith have set up museums all across the country. However, unlike libraries, which were often set up in the same way, there is no statutory duty for councils to provide museums. Philanthropy of this nature is of huge significance and essential for the future of museums.
Ross Thomson (Aberdeen South) (Con)
In my constituency of Aberdeen South, we have the museum of the Gordon Highlanders, which is the Scottish regiment that Winston Churchill described as one of the finest in the world. It faces the same challenges as other museums and is running a fundraising campaign. The aim is to raise £100,000 a year over the next three years, and because of the generosity of spirit of Aberdonians the museum is succeeding in that endeavour. Will my hon. Friend join me in congratulating all the people who have supported that initiative and also welcome the fact that the local council has also given the museum some money in its recent budget?
Stephen Kerr
I join my hon. Friend in congratulating the people of Aberdeen on their generosity. Those are two things that often do not run together in a sentence, but on this occasion they absolutely do—the “generosity” of “the people of Aberdeen”.
Rachael Maskell (York Central) (Lab/Co-op)
Will the hon. Gentleman give way?
Rachael Maskell
I thank the hon. Gentleman for giving way, and I obviously represent the fine city of York, which is littered with amazing museums. However, there is a real challenge here. Local authority cuts have meant that funding for museums has also been cut, and ultimately that means that some people have to pay to access these collections. Should they not be accessible to all the public for free?
Stephen Kerr
I totally agree on the issue relating to accessibility. There are many advantages to companies and individuals making payments to support museums, but the major national museums in London, Glasgow and Edinburgh often get a bigger share of the pie than the smaller ones. In Stirling, we have superb commercial engagement with local companies, such as United Auctions, which is a major sponsor of the Stirling Smith. I urge more national companies and people of significant wealth not to ignore their local museums.
Tim Loughton (East Worthing and Shoreham) (Con)
I am grateful to my hon. Friend for giving way and he is making an excellent point. May I “out-namecheck” all the other museums that have been mentioned so far, as chair of the all-party parliamentary group on the British Museum? To reinforce his point, is he aware of the programme that the British Museum runs to lend parts of its collections to local and regional museums? That can help to boost the attractiveness of and visitor numbers to regional and local museums, which will help them.
Stephen Kerr
That is wonderful news and I would certainly embrace the opportunity to have parts of the British Museum’s collection come to Stirling and appear in the Stirling Smith Museum, if that is at all possible; I hope it is.
One of the most famous exhibits in the Stirling Smith Museum is a football, which is the world’s oldest. It was found resting in the rafters of the great hall of Stirling castle, having been kicked up there some time during the reign of Mary, Queen of Scots, perhaps even by the great lady herself.
That football is just one of a number of Stirling’s artefacts that have toured internationally; it even visited the World Cup when the tournament was held in Germany in 2006. The Stirling Smith Museum also holds the oldest curling stone in the world, which is pertinent, given that we have just had the winter Olympics.
Such artefacts of global significance are found in many local collections around the country. The international impact of those objects, and the ability to use them to improve our cultural influence around the world, should not be underestimated. I remember when the Wallace sword left Stirling to go to New York. I am told that an airline seat had to be booked for it. That was before the current airline restrictions, as I cannot imagine a 5 feet 4 inch broadsword getting through security these days.
Also in the Stirling Smith is the Neish collection of pewter, which is a collection of global significance. The highlight for me is a Roman nipple protector, which is a fascinating piece. Apparently, nipple protectors were worn by Roman soldiers under their armour to prevent chafing. It is a collection that attracts international academic and design interest.
Kevin Brennan (Cardiff West) (Lab)
The hon. Gentleman has got a good point there. [Laughter.]
Stephen Kerr
I am grateful to the hon. Gentleman for his support.
Local museums are a superb way for people to interact with their own local stories; they are a way of understanding those stories. In Stirling, the museums are a way for us to understand locally how we have interacted with the national aspects of our history. Stirling is a place where many things of national importance have happened and, I hasten to add, continue to happen. I have already mentioned the battles of Bannockburn and of Stirling Bridge.
Michelle Donelan (Chippenham) (Con)
Does my hon. Friend agree that it is not only local artefacts that we can see in local museums, but artefacts that represent the history of our country, Great Britain? Chippenham Museum is having a refurb by the Arts Council that will allow it to have artefacts from the V&A—
Mrs Anne Main (in the Chair)
Order. Interventions should be brief. If the hon. Lady wishes to make a speech, she should by all means do so.
Stephen Kerr
I welcome the news that my hon. Friend the Member for Chippenham (Michelle Donelan) has just shared with colleagues. As the Member of Parliament for Stirling, I cannot mention the battles of Bannockburn and of Stirling Bridge too often. They happened in Stirling and are major aspects of the wars of independence. Globally significant events happened in our backyard. We feel differently about these events from people from elsewhere in Scotland because they are part of our local history. Stirling was besieged during the battle of Bannockburn in 1314, when Stirling High School was already 150 years old. I often wonder whether the students got the day off when the battle of Bannockburn was fought.
Globally, Bannockburn was an important turning point in western European history. Nationally, it solidified Scotland’s place in the world for 300 years. Locally, people had to live with it, and still have to live with it today. We are proud of it. To understand these events in their entirety, we have to understand how the global, national and local fit together. The Stirling Smith has caltrops that would have been used to immobilise the English cavalry in the 14th century, as well as souvenirs and guidebooks that were sold from the visitor centre in the 19th century. The Smith is literally a stakeholder, as it has a number of the wooden stakes that might have been used at the battle of Bannockburn.
The effort over many years to preserve and protect our history is breath-taking. The Smith prevented the destruction of the Stirling heads from Stirling castle, which were being rolled down the hill for the entertainment of the troops stationed at the castle. Allegedly, a museum curator dug the original plans for the Wallace monument out of a skip. The museum team encouraged the donation of a piece of tarpaulin that was covering someone’s woodpile. It turned out to be the miners’ banner from the Fallin pit during the 1984 strike. We should not underestimate the importance of museums in preserving our local, national and global history.
Julian Knight (Solihull) (Con)
My hon. Friend is making a good speech on important matters, but does he not recognise that this is not just about fixed museum space? There are temporary museum spaces, such as The Core in Solihull, which has many fine exhibitions of art, local histories and many people’s stories.
Dr David Drew (Stroud) (Lab/Co-op)
Does the hon. Gentleman agree that, like parks, museums deserve special protection? At the moment, there is no protection for either of those important features that everyone values.
Stephen Kerr
Museums and parks deserve protection and the affection of the community, which they have, as we witnessed when the Stirling Smith Museum was threatened. I want to mention in passing the Friends of the Smith, because they devote hours of their time to raise money, conduct tours and help out in many ways to ensure that the Stirling Smith Museum operates fully. That is evidence of the affection and devotion that local people have for their museum.
That brings me to the Dunblane Museum. The Dunblane Museum started life as the Dunblane Cathedral Museum and is a fantastic museum dedicated to preserving the history of the ancient borough of Dunblane. It has a nationally significant collection of communion tokens—the largest in the UK. It holds many items from the cathedral in Dunblane. Perhaps my favourite is a bag that belonged to an 18th-century newspaper boy or girl. This is a museum that truly delivers—boom, boom! The fact that the Dunblane Museum is entirely staffed by volunteers shows the dedication and service of members of the community, such as the honorary curator, Marjorie Davies, and the rest of the team. These are people who want to serve their community, and volunteers have been protecting the museum collection since it was established in 1943. It attracts 10,000 visitors a year. People leave knowing more about Dunblane and its long and distinguished history.
Volunteers struggle, though, because we put more and more expectations on them in regulatory terms. We require them to register with the charity regulator, we require health and safety protection and we require data protection. All that adds to the burden on volunteer groups and disproportionately affects independent volunteer museums that have to do all that while raising the money to keep the lights on. Forms and applications are the bane of all charitable organisations’ lives, and we have a duty to keep those things as minimal as we can while still protecting the public. I saw the Stirling Smith’s submission to be recognised as a museum of national significance, and it was a vast document akin to a PhD thesis.
The third museum in my area that I must mention is the Argyll and Sutherland Highlanders Museum. Stirling has a long and distinguished connection with the military of this country. We claim the Argyll and Sutherland Highlanders as our own regiment. As the old regiment fought two world wars and countless other conflicts around the world, I cannot imagine that filling in a few forms would intimidate the august institution that is dedicated to its history. Preserving the history of our military is essential, and such museums play a huge part in telling people the story of a regiment that is now merged into the Royal Regiment of Scotland.
That the Argylls are a part of our history and not our future continues to be a note of sadness for me and many other people in the Stirling area, but the history must be preserved. The museum has a superb collection of objects and artefacts from the hundreds of years of military conflict that the Argylls have been involved with. It holds family medals in its vaults, making them accessible for future generations and preventing loss. Again, the local family stories mix with our national story of military commitment playing its part in a global history that goes from the Khyber pass to the fields of France.
Local museums make a huge contribution to life in the UK. They preserve our heritage, help us to understand who we are and create the golden thread from the local to the national to the global. That brings me to a number of questions that I want to raise. I am afraid there are some differences between England and Scotland on these issues, and I acknowledge that from the outset, but why should that be the case, given the level of co-operation around the UK? Before I am interrupted by the hon. Member for Edinburgh North and Leith (Deidre Brock), I hasten to add that I am not suggesting a power grab; I am calling for better collaboration and co-operation, as was mentioned earlier in an intervention about the British Museum.
The national collections in London, Edinburgh and Cardiff should be spread out and accessible. To do that, we need a shake-up of how we indemnify the objects in our museums. I have waxed lyrical about the museums in my constituency, and people might think that I am talking about a museum of national, if not global, significance when I talk about the Smith. The real tragedy is that it is not considered to be such. The bar for a local museum to be considered a museum of national importance is set worryingly high. The committee that makes those decisions is known as the committee of significance. Despite an application outlining all of the wondrous national and internationally significant elements of the museum, it is not considered to be of national significance. Perth and Clydebank museums are museums of national significance, while Stirling and Kirkcaldy, despite the latter’s linoleum collection and superb art collection, recently had their applications knocked back. That is not right. Setting museums against each other is not a useful or good thing to do, and I question the judgment of those charged with such decisions. The Mendoza review in England seems to address some of those issues. Why can they not also be addressed in Scotland?
The question of how museums can gain Government indemnity requires some thought. Government indemnity allows museums to access insurance for items that would be prohibitively expensive to insure. The major national collections are disjointed in how they make decisions. The Government need to consider a single indemnity scheme for the UK. It would help museums lend confidently and borrow well to enrich local communities across the country. It would allow the national collections to be available throughout these islands, bringing exciting and uplifting exhibits to the whole UK.
The treasure trove rules should also be considered. Again, in Scotland we have a different regime, although it follows the English system fairly closely. Treasure trove rules allow people who have found items to sell them to a museum with an assessed reward. The level of reward that has to be paid makes it difficult for local museums to acquire those items. A scheme to allow museums to acquire locally found items at a cheaper rate would help. An example would be the golden torcs found near Blair Drummond in my constituency. Those torcs are beautiful—they are superb examples of Celtic craftsmanship—but to see them people have to go to Edinburgh, where they are part of a large collection. That removes their local significance and what they tell us about the Celtic trading tradition in Stirlingshire, to add to a national story. When artefacts are removed from their local context they lose the local part of their story, contributing only to the national or global story.
The Dumfriesshire hoard suffered the same fate when the local museum was deemed too unsecure to show it and did not have the resources to buy it. It was one of the largest hoards of Viking materials recently to be discovered. Artefacts of huge importance to Dumfriesshire were removed from the community in which they were found. When we consider issues such as the treasure trove rules or Government indemnity, more flexibility is needed. If we lock away our treasures, whether they be national or local, we make our story smaller and lose a part of our identity.
Deidre Brock (Edinburgh North and Leith) (SNP)
I am interested in the hon. Gentleman’s points about repatriating, so to speak, various items from collections. Does he acknowledge that items sometimes need to be kept in particular conditions, and that support and extra investment are required for that?
Stephen Kerr
I understand that what I am proposing is not without challenges, but it is right to put locally discovered artefacts, which are critical to the local story of the communities we live in, in the community so that people can have the marvellous experience of understanding who they are in a long line of generations of people who have lived in that area.
Rachael Maskell
Will the hon. Gentleman congratulate the National Railway Museum, which recently gifted one of its engines to Swanage Railway so that it could be returned to its home environment and enjoyed by the wider population?
Deidre Brock
To follow the hon. Gentleman’s train of thought, I wonder what his thoughts are on repatriating the Lewis chessmen from the British Museum up to the Western Isles.
Mrs Anne Main (in the Chair)
Before I ask Mr Kerr to continue, could I ask that he is given a moment to respond to one intervention before another is thrown his way? Mr Kerr, you might wish to deal with any residual remarks that you had from the previous intervention.
Stephen Kerr
I am very happy with the remarks that I offered in connection with the first intervention. On the second intervention, I understand the merits, as I am trying to make clear in my speech, of making the artefacts of these islands available to all the people of these islands. They should be made accessible on the basis not of words such as “repatriation”, but of their availability to be displayed. I understand that there are challenges, but we should address those challenges. Such items tell our story, and they should be available to us so that we understand who we are, what our progenitors have done and what our future holds. All those things make up the golden thread that I am trying to describe. We need to follow the old adage of being risk-aware rather than risk-averse, lest we stop people accessing those parts of our heritage found in treasure trove or in the national collections. We will all be richer if we move in that direction.
I do not wish to dwell on museum funding, as the particular issues of museum funding in my constituency have been resolved thanks to public pressure. I am sure that many Members will want to reflect on funding, but there is one point that I would like to make. New acquisitions in museums are essential not only to enrich and enliven the position of a local museum, but as a way of recording the present, which will turn into the past. I am sure I am not alone among Members in being astonished to see things from my childhood enshrined in local museums. I recently attended an exhibition in a museum and discovered that a picture of my class of 1976 is now one of the exhibits, so I stand before hon. Members as—partially, at least—a museum exhibit.
Kirstene Hair (Angus) (Con)
My hon. Friend mentioned his childhood, which he spent in my constituency of Angus. I want to highlight the importance of museums in Angus. For example, the birthplace of J.M. Barrie, the creator of Peter Pan, is in Kirriemuir. Does my hon. Friend agree that museums are incredibly valuable to our local economy, and they drive into the local area thousands of tourists who would not come otherwise?
Stephen Kerr
It is impossible to visit Kirriemuir without visiting the birthplace of the great J.M. Barrie, just as it is impossible to visit Forfar without visiting the Meffan, which is another great museum and exhibition space.
Museum exhibits—whether they be old food packaging, shop equipment or other accoutrements of daily life— bring back memories. I would consider these examples to be from the recent past, but it turns out that flared trousers and John Denver albums are museum pieces now. Local museums can and must be allowed to acquire items of significance from their local community as they go, collecting history as it happens. They must have the money to do that. Although philanthropy and corporate giving play a huge part in that, museums need to have state funding to keep the lights on while they collect. I am proud that in Stirling we have a common good fund, which allows the acquisition of items for the Smith collection alongside a strong corporate and philanthropic effort.
We should reflect on what happens when that goes wrong. To that end, I will touch briefly on the tragedy of the MacFarlane collection in Bridge of Allan. That museum was unloved, and then the Army was billeted in the museum, during which time the soldiers used the large collection of stuffed animals for target practice. After the war, the museum was turned into a concert hall of some significance. Many in Bridge of Allan, my home town, still talk fondly of the time that the Beatles played at the museum hall. The building lay derelict for a long time, and has now been turned into flats. They are lovely flats, but the community of Bridge of Allan is a bit poorer for the MacFarlane museum no longer being there. The community of Stirling is a bit poorer, and I would contend that we are all a bit poorer.
Stirling has an incredible political history, which is well recorded in its museums, especially the Smith. I am often reminded that Stirling has recently produced two Secretaries of State for Scotland, Tom Johnston and Michael Forsyth, as well as the Prime Minister Henry Campbell-Bannerman. The place of honour that they have in Stirling, as a city proud of its heritage, only puts more pressure on the sitting MP. A young Harold Wilson stared up at the statue of Henry Campbell-Bannerman that adorns our city centre and thought it would be a good thing to be Prime Minister.
The former Member for North West Lanarkshire, Robert Bontine Cunninghame Graham, has the record of founding two political parties represented in the House of Commons—not mine, but the Scottish Labour party and the Scottish National party. He is commemorated as a local boy made good in Stirling. He is one of our own. The Stirling Smith has his riding boots, his smiddy—Graham was famous as a horse-breeder and adventurer—and, most impressively, his coffin plate, which was considered too nice to be buried with him, and was preserved for posterity. Other fascinating items hung in the Smith museum include facsimile copies of the 16th-century Stirling heads. One of them bears an uncanny, striking resemblance to another great Prime Minister: Margaret Thatcher. [Hon. Members: “Hear, hear!”] I knew that would get a response from certain Members present today.
I have spoken for long enough about the collections in my local museums and what they can tell us about our present and our future. I will conclude with a description of one item in the collection. In a corner of the Smith is a piece of mutton bone. Unremarkable as it may seem, that bone is of huge local, national and international importance. The bone was removed from the throat of the young James Drummond, who had been slowly dying as it lay lodged in his throat. James was saved, and that inspired a deep religious faith in the Drummond family, who used their fortune to build a great deal in Stirling. They built the internationally significant cemetery grounds, which follow a pattern of heaven laid out in the Bible. They built an agricultural improvement business, which improved land and made Stirling the agricultural capital it is today. They built a huge religious tract publishing house, and the needs of their workforce led to the invention of the pre-packed sandwich—so Greggs has the Drummonds to thank. The religious and temperance printing venture facilitated the construction of the large post office that is now, ironically, a public house; they were very much in favour of temperance. To top it all off, that tracheotomy in 1843 was the first recorded.
Local museums preserve our history and our culture. They allow us to look to the future, secure in the knowledge that we are building on a strong foundation. I contend that all our local museums are, in a sense, national museums. They tell the small stories; the stories of the people, great and small, who all play their part in the history of our nation. They tell the big stories of movements of people, of great men and women, and of technological change through the ages. My message today is a strong and clear one: support our local museums.
Bill Grant (Ayr, Carrick and Cumnock) (Con)
It is a pleasure to serve under your chairmanship, Mrs Main. While thanking my hon. Friend the Member for Stirling (Stephen Kerr) for securing this debate, I should point out that, unlike him, I am not yet an exhibit in a museum.
As the Member of Parliament for the birthplace of Scotland’s favourite son, Robert Burns, I am acutely aware of the benefits that local museums can bring to a community. There are many museums that contribute to the cultural, social and economic life of Ayr, Carrick and Cumnock. I will name but a few, such as the Rozelle museum and gallery in Alloway in Ayr. The McKechnie Institute in Girvan is very important to that community. It was bequeathed by the McKechnie brothers, who were traders who sailed or smuggled their goods to and from Girvan harbour—but they did leave the town that institute and museum. The town hall in Maybole reflects the rich industry of that town over recent years, and includes the former town bell. Perhaps Opposition Members might be tempted to make a pilgrimage to the Baird Institute in Cumnock, which delightfully plays host to a room dedicated to Keir Hardie, founder of the Labour party, first Labour politician and first leader of the Labour party. They are welcome to come along—it is well worth a visit. We are proud of it, and I give credit to East Ayrshire Council for hosting it.
I should also mention His Royal Highness Prince Charles, who secured Dumfries House for the nation. It is adjacent to Cumnock and is a wonderful asset for the Ayrshire community, for Scotland and the UK. South of Ayr, on the coast towards Girvan, Culzean Castle still has what are termed the Eisenhower rooms, where President Eisenhower was hosted after the second world war.
One of our biggest attractions must be the award-winning Robert Burns Birthplace Museum in Alloway. I pay tribute to the National Trust for Scotland, which made a hefty investment in that. It includes Burns Cottage, where the bard was born, as well as Alloway Auld Kirk. In the tale of “Tam o’ Shanter”, Tam, wearing his blue bonnet and on “his gray mare, Meg” made an approach to that church, under the guise of thunder and lightning and darkness, where he found auld Nick having a party with the witches, who in turn gave chase to Tam and his mare. Meg was aiming for the “key-stane o’ the brig” at the Brig o’Doon, to cross the river where the witches would not cross. The nearest the witches got was Meg’s tail and, sadly, Meg forever lost her tail. That was the tail of Meg and the tale of Tam o’ Shanter.
The monument and the gardens are there. It is a perfect destination for anyone who wants to learn more about Scotland’s national poet, who is famous throughout the world. Since the new museum was opened to the public in December 2010, it has drawn approximately 300,000 visitors per annum. They come from all over the world—America, Canada, Russia, Europe, wherever. They come to Alloway, contribute to the local economy, perhaps staying in the local area and seeing more of the wonderful sights that Ayrshire has to offer. In addition to those employed at the museum, it also supports jobs in local businesses, especially in the tourism and hospitality sector, which is very important to Scotland and the UK.
Museums, quite simply, are worth it, even on a purely economic level, but they are much more than just economic enterprises—they are there to educate, entertain and inform. Like the many other local museums in South Carrick, the Robert Burns Birthplace Museum helps everyone who walks through its doors to learn more about Ayrshire and one of its most famous sons.
If my colleague, the hon. Member for Kilmarnock and Loudoun (Alan Brown), were here, I am sure he would agree that Ayrshire should also promote the good work of Sir Alexander Fleming, who discovered penicillin. The world is indebted to him for that discovery, but we do not mark that as much as we should. I am sure the hon. Gentleman would support me in taking that forward—perhaps in a pop-up museum that could be mobile and go roundabout. That is something worth pursuing. We need to promote Sir Alexander Fleming and the good work he did for not just the UK but the world.
People who come from far and wide to visit a local museum learn about the local area’s history, culture and people. They return home with a knowledge about that area that they can share with friends and family.
Michelle Donelan
Does my hon. Friend agree that strong relationships between Wiltshire museums and exhibition places, such as Corsham Pound and Chippenham Museum, enable our young people to learn about our history? They are our future, after all.
Bill Grant
I entirely agree. Our heritage and our past are the foundations of our future and young people should know the journey of their community for that future.
Visitors returning home help to put an area on the map, and that in turn attracts more people to the museum and the area in general. Museums build the cultural profile of an area and contribute to bringing in more tourists and boosting the local economy. They also help local people, as my hon. Friend said, learn more about their own heritage, encouraging community cohesion and a strong sense of civic pride, which we must retain and build on. People who know their community’s history and culture very often take pride in it and tend to care and contribute to their community. It is important that we have local museums that can pass on that local knowledge to the next generation, and it is therefore also important that local museums engage with local schools and community groups to facilitate that.
In Ayrshire we are blessed with the home of Burns and so many other cultural assets, but every part of the United Kingdom has its own story to tell, and its own local museums to tell them. Those museums are a great cultural, social and economic good, and we should not be afraid to support them.
An issue facing the majority of UK towns is the demise of our town centres as the retail landscape changes throughout the UK and Europe. We need to think seriously about taking heritage museums into town centres to add another dimension to helping to secure their future. Perhaps the dispersal of lottery funds could come in to secure the vibrancy of town centres—that was mentioned earlier.
Museums and heritage centres are often soft targets for budget cuts by councils or other public bodies. That temptation should and must be resisted as closure may prove to be folly in the long term.
I close by thanking every single person, young and old—even those as old as me—who volunteer their time and services to small local and larger museums. They are the mainstay supporting the existence of such facilities in our communities. They are so important. Our past is the foundation of our future and we should secure it as best we can.
Mike Hill (Hartlepool) (Lab)
I did not expect to speak in this debate but am happy to do so, given the enthusiasm of Members on the Government Benches for local museum services. In Hartlepool, our museum, which is now part of the National Museum of the Royal Navy in the North of England, is part of the town centre; the ship that forms part of it, HMS Trincomalee, stands proud in the middle of our town centre. There is also a Scottish connection with Robert the Bruce, who used to own half of Hartlepool. Many of our wards are named after him—De Bruce ward, for example.
I originate from Rochdale, where the co-operative pioneer movement was established, and the museum there is dear to my heart as a co-operator. It was Hartlepool, however, where I have lived for 14 years and where I am very proud to be the MP, that was the first place on British shores in the first world war to be bombarded from the sea. The troops positioned at the battery were Durham Light Infantry, and the recent demise of the DLI Museum in Durham is one of the sad stories to come out of this debate. I am hopeful that the museum will be resurrected as part of development plans within the county. Like my constituents, I am very proud of our regiment’s historic past, and I hope the position on that will be something of a phoenix.
On the situation with outreach, it is very important that museums reach out to communities, and I get that. The other point I would make is about the Cleveland archaeological unit, which is based in Hartlepool and feeds a lot of things into our local museums. It, too, is underfunded and I would like reassurances from the Minister that such associated services are looked at as well when it comes to future funding.
John Howell (Henley) (Con)
It is a great pleasure to serve under your chairmanship, Mrs Main. I will not take issue with my hon. Friend the Member for Stirling (Stephen Kerr) about which of us is older and should feature in a museum. I am quite happy to bear his good counsel on this.
In 2014, I produced a report entitled “The Future of Local Government Archaeology Services” along with my colleague from the other place, Lord Redesdale. We are both fellows of the Society of Antiquaries, which stood behind the report, and it was commissioned by the then Minister for Culture, Communications and Creative Industries, my right hon. Friend the Member for Wantage (Mr Vaizey). It was a comprehensive report that looked at the future of museums, archaeology services and funding. It gathered written and oral evidence from more than 80 contributors—a reputable number—who provided insight, data and suggestions for solutions. I will not go through all of the recommendations that we came up with, although I will feature a couple of them as they relate to what other hon. Members have said. One recommendation that I will mention relates to local museums.
Many of the recommendations reflect the way in which archaeology services are organised on the ground and how people should approach them. The recommendation that relates to museums asks for an urgent rationalisation of the system for retention of material. Many museums received bag after bag of Roman brick from archaeological excavations. There is nothing that you can do with a bag of Roman brick except weigh it, and then you might as well throw it away. There is absolutely no point in keeping that brick—and I say that as an archaeologist myself. The focus on trying to retain all that takes away the focus that the museum should have on the things that it actually wants to keep and show. So we came up with a good recommendation on that.
Overall we found convincing evidence to suggest that a sharing of services on a multi-authority or sub-regional basis can lead to a much greater resilience of services. Such services would be capable of achieving economies of scale, which individual local museums cannot, as well as other benefits in terms of quality of services, greater provision of skills and expertise, and more opportunities to ensure that expertise is passed on and not lost. Local expertise is a particular skill that we ought to value.
For example, the Greater Manchester Archaeological Advisory Service builds on the thriving community of local volunteers that it has developed. It provides a forum for them, it facilitates grants for community projects, and it enhances the archaeological and historical work that is undertaken. It also provides skills training for local volunteers and the potential for implementing community reporting mechanisms across the board. Those are incredibly important aspects of the work.
I will turn briefly to retention in archives and the finds that have been produced. Although it would be wrong to say that museums are not selective, at the moment museums have no imperative at all to be selective, which is a great shame. Also, the rules governing the retention of archaeological material were set by the Arts Council, not by central or local government. That situation has produced one thing above all in how museums look at their collections: a responsibility too burdensome for the museums to carry on with.
Sustainability issues affecting the deposition of material in archives is an endemic problem. To become much more sustainable, it is recommended that archives should adopt much stricter policies on accessions, with clear identification of the material of highest value and what they are going to do with it. That does not gainsay at all the comments made by my colleagues, but we need to put those services on a stable basis and they need to adhere to standards that have sustainable accession policies. We also recommended that English Heritage engage further with the Arts Council and the museum sector to pursue further strategies to provide that.
I sincerely hope that we do not lose our local museums. They play an important part. We should look at their combining certain of their services in order to do things better and not have to do things in an ad hoc way. Above all, we should put them on a sustainable basis for the future.
Several hon. Members rose—
Mrs Anne Main (in the Chair)
Order. Wind-ups will begin at half past three.
Eddie Hughes (Walsall North) (Con)
I will not take that much time, Mrs Main. It is a pleasure to serve under your chairmanship and a pleasure to follow my hon. Friend the Member for Henley (John Howell).
One of the benefits of turning up to a debate without a prepared speech is that a Member can make it up as they go along, take the sense of the debate and then create a view. I have noticed during this debate that we have not once used the word “Brexit”. As an ardent Brexiteer, I am disappointed. As I listened to the fantastic contributions, I realised that we have not had the “so what?” question. We have lots of museums. They are brilliant and have lots of lovely artefacts for people to come and see, but the “so what?” question is critical.
My hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) suggested that the purpose of museums is to educate and entertain. I do not detract from that at all, but I think their purpose is to inspire. Regardless of whether people voted for remain or leave, they know that this country has an incredible history that should be celebrated. I am an ardent Brexiteer because I have absolute faith in our nation to go forward into the world globally and to dominate. Our history tells us we have done that previously and we can do it again.
The question before us today is that this House has considered museums. I do not think it is possible for us to answer yes to that question unless we have considered the museums of the Black country, particularly a museum in my constituency. If we start small and grow, in my constituency we have the Willenhall Lock Museum, a Victorian building that was constructed in about 1840. There is a house at the front of the premises, and on a good day it is populated by volunteers dressed in traditional clothing and bringing the building to life. They cook traditional food using products that were available at the time. The house is gaslit, so people get a real feel of what life was like, and the volunteers are brilliant at bringing the exhibits to life and giving people a real opportunity to interact.
Stephanie Peacock
Does the hon. Gentleman agree that we should pay a huge tribute to the volunteers who keep local museums running, such as the Maurice Dobson Museum and Heritage Centre down the road from where I live, in Darfield near Barnsley? It is a fantastic local resource, and it is thanks to volunteers that it keeps going.
Eddie Hughes
I completely endorse those comments. To a degree, without those volunteers, some of the buildings in question would not be maintained. It is not always a question of money, although of course we need more money. The efforts of such people sustain the buildings and keep educating and inspiring us.
Moving through the museum, the house at the front gives a sense of what life was like, and in the buildings at the back visitors can see where locks were made locally. They were bespoke, clumsy, large products, but the museum gives a sense of why Willenhall was great and why at one time it made most of the locks used in the country. That has led to Guardian Locks in my constituency, a business that has existed since 1982. It is a family-run enterprise and does not do mass manufacture, which means it can offer clients a bespoke service. Sometimes it delivers only one or two locks, but people know it gives excellent service. The product is guaranteed and the family stand completely behind the products they provide.
Assa Abloy is also in my constituency. It was formed in 1994 and, if we believe its website, might be the largest provider globally of intelligent lock systems.
Mrs Anne Main (in the Chair)
Order. I ask the hon. Gentleman to refer to museums on a regular basis. His comments will then be in order. He is straying somewhat off the topic.
Eddie Hughes
I am sorry, Mrs Main. I was coming back to my point of inspiration. It is Willenhall Lock Museum that has inspired Guardian Locks and Assa Abloy to produce high-quality locks on a global scale.
Obviously, it is not only locks that we deal with in the Black country. Walsall, our local football club, is nicknamed the Saddlers because we have a 200-year history of leather crafting in Walsall. At the Leather Museum, visitors can enjoy a tour, see how the products were crafted and, according to the website, make a keyring. People are leather crafters by the time they leave, having enjoyed their visit.
However, the scale of things gets bigger, because of the Black Country Living Museum, which is spread over 26 acres—hard to imagine. That huge site has 50 buildings taken from other parts of the Black country and reconstructed to form a high street as well as various businesses. It is populated partly by volunteers, who show people traditional smithing and crafts that we might have forgotten. The point of those museums is that they inspire. Those who go to the museum have an opportunity to see, in many ways, the reason this country is so great, and the opportunity that we have taken to innovate and lead the world. People young and old get that chance to see why our future has been fantastic in the past, and will be yet again.
It is important, with reference to the Mendoza review, that museums take the opportunity to understand how they should operate in an era of restricted funds. They need to ensure that they bring crowds through the door. Sometimes money has to change hands. At Willenhall Lock Museum, a group of 10 people can have a tour for £75, and for larger groups it is an extra £5 a person. Check the website—or in fact, Mrs Main, do not check the website: if you visit I shall give you a tour myself. To make their future sustainable, museums need new ways to bring people in and new access to funds, and they need to engage with the public. We have a great future, and our history is represented in the museums I have described. I suggest everyone should come to the Black country.
Mrs Anne Main (in the Chair)
I thank the hon. Gentleman for that kind invitation. My husband is from Birmingham way, and I have been to the Black Country Living Museum, but if I am ever up that way again I will perhaps look him up.
Deidre Brock (Edinburgh North and Leith) (SNP)
It is a pleasure to serve under your chairship, Mrs Main. It was interesting to hear the comments of the hon. Member for Stirling (Stephen Kerr). He spoke at length about local museums in his constituency, of course, and I particularly liked the mention of the many volunteers, who along with staff, play such a huge part in keeping local museums going. Members on both sides of the House have made many mentions of the local museums in their constituencies. There are almost too many to mention now, but that surely indicates how important a place those museums hold in our hearts.
While I note the enthusiasm of the hon. Member for Stirling, I am still reminded of a Mrs Cameron who won an award last year for her campaigning against the cuts to local services that Tory austerity brings. She lives in Oxfordshire somewhere and I believe that her son used to be in politics. That was of course a Tory council implementing the cuts of a Tory Government, driven by the austerity ideology, which would completely drive away such services if it could. I frankly find it a harmful, damaging and cynical ideology, born of a lack of concern for society and supported by a deceitful claim that the Government have no money for fripperies such as museums. A few billion to compensate for the failure of UK policy on the EU can be found down the back of the sofa and billions for nuclear weapons are in the biscuit tin above the fridge, but a few thousand to run local services such as museums appears to the Government to be an outrageous consideration at times.
Stephen Kerr
I find it a bit rich for the Scottish National party spokesperson to take that tone in the debate. An SNP council was threatening to close the Smith Museum in Stirling. It is a bit rich for me to sit and listen to a sermon.
Mrs Anne Main (in the Chair)
Order. Interventions usually pose a question, Mr Kerr, but I am sure the hon. Lady will note and perhaps respond to your remarks.
Deidre Brock
I am glad to take the opportunity to mention—and I am sure the hon. Gentleman will acknowledge—the work of Museums Galleries Scotland in providing funding for local museums in Scotland. He will be pleased to see that it is distributing nearly £750,000 in capital grants to small museums in this round of funding, which is one of four in the year, and will, I am sure, want to congratulate our Cabinet Secretary for Finance on finding an extra £200,000 for this round of funding. He will also be delighted by the range of funds available to museums from Museums Galleries Scotland—particularly, perhaps, the funding for collections in the programme to deliver against the national strategy.
Alistair Darling, in the dog days of the last Labour Government, said he planned spending cuts deeper and more savage than anything Thatcher had done. The response of George Osborne and the current incumbent of No. 11 Downing Street seems to be, “Hold my beer,” with little regard for the cultural carnage that could follow.
The hon. Member for Stirling bemoaned becoming a museum artefact, but he might think upon that and consider it better than the alternative. I grew up in Australia, where the ownership of history is a contentious issue, and the different attitudes often create conflict. I suggest that there is a bit of that in Scotland as well. Those who would remember the whole of Scotland, including its working people, its poor and its dispossessed, do not necessarily sit comfortably with those who would laud royalty and wealth. Similarly, there is little in the way of commemoration of the Gaelic heritage of Scotland. I asked earlier whether the hon. Gentleman would support the repatriation of the Lewis chessmen. I wonder whether he believes that collections held centrally should be sent back where they came from, and whether he supports the repatriation of items such as the Elgin marbles—not to Elgin, before some wag starts up—but back to Greece.
Bill Grant
Again, I am old enough to be an exhibit, but does not the hon. Lady agree that the greatest risk to museums and heritage centres in Scotland is the continued and repeated unnecessary cuts to council budgets by the Scottish Government when there is no need to do so, and when they can find £115 million at the drop of a hat to support their equivalent of the DUP, the Green party?
Mrs Anne Main (in the Chair)
Order. Interesting though it is to cover the minutiae of politics between the SNP and other parties, I hope we will stick with the subject of the debate, which is museums.
Deidre Brock
Indeed. Thank you, Mrs Main. I will take your advice. It would be difficult to do so now, but we shall certainly continue that conversation outside this debate, I have no doubt.
To return to the Elgin marbles, should all those things be sent back where they came from, so that they have cultural and local resonance, as the hon. Member for Stirling suggested about some items in the Scottish national collections? Does he support the repatriation of the “Book of Deer”, for example?
Museums are, in the main, staffed by enthusiastic people who try to ensure that a record of the past is preserved and presented to future generations intact for reinterpretation. I contend, however, that they reckon without political barbarians, and they have not seen the huge amount of brutality coming their way. Under the SNP, local authorities are getting a larger share of the Scottish budget than ever. Tory cuts mean that the overall budget for Scotland is reducing, but the share going to local government is increasing, and across Scotland that investment is paying off.
In Edinburgh, museum opening hours will be extended this year so that more people can visit and more citizens engage, and more revenue will be generated. The Museum of Edinburgh, the Museum of Childhood, the People’s Story Museum, the Writers Museum—all will have extended hours. I also want to mention the fantastic staff who steer those museums and galleries. They manage to work miracles on a small budget, and as convenor for culture and leisure in Edinburgh for five years, one of my greatest pleasures was to have got to know them and to have seen at first hand their ingenuity, dedication, expert knowledge and loving care for the items and buildings in the city’s ownership.
One of my favourite museums—I hope this is allowed a mention—is the Museum of Edinburgh, which is not to be confused with the National Museum of Scotland on Chambers Street, although it often is. The Museum of Edinburgh possesses objects that range from a cabinet made by Deacon Brodie that once rested in the bedroom of the young Robert Louis Stevenson, to signs that swung above shops in Leith in my constituency in the 18th and 19th centuries, and beautiful examples of glass, silver and pottery for which Edinburgh and its surrounds were once renowned. I suggest that Members come to visit Edinburgh’s museums—I might be biased, but I think that Scotland’s capital city performs extremely well in maintaining a range of local museums that tell different aspects of its story.
The story elsewhere is not as rosy as some hon. Members have suggested. A survey of cuts in 2015 found that nearly one in five English regional museums closed one part or branch to the public in that year, and 10% of England’s museums are to introduce entry charges. At the end of last year, the Mendoza review of England’s museums reported a 13% reduction in funding over the past 10 years—an indication, I suggest, that some of England’s politicians are not listening to England’s people.
Finally, the logical consequence of what some would describe as barbarous Tory policies since 2010 is clear: they create a desert and they call it culture. If any Member of the governing party really cared about local museums, they would be lobbying their Chancellor for an immediate end to austerity.
Kevin Brennan (Cardiff West) (Lab)
I congratulate the hon. Member for Stirling (Stephen Kerr) on securing today’s debate. His tremendous enthusiasm for local museums shone through, particularly in his references to an antique nipple protector and an internationally renowned mutton bone. Only he could have brought those items to life in such a way during the debate. He also told us something I did not know, even though I used to teach history: that Mary Queen of Scots played football. I knew she had played golf, but not football— in a sense, it is a shame that she is not available for the current Scottish national team, given their recent fortunes.
The hon. Gentleman made an interesting proposal on indemnity, and he referred back to Scottish history at some length. The hon. Member for Edinburgh North and Leith (Deidre Brock) mentioned the lack of references to Scotland’s Gaelic heritage, and a much forgotten aspect of Scottish history that is not mentioned sufficiently is its Welsh heritage. The greatest poem in the Welsh language, the ancient poem “Y Gododdin” describes a battle between Welsh-speaking warriors from the south of Scotland at Catterick in North Yorkshire with the Anglo-Saxons. Indeed, the hon. Lady’s constituency’s name of Edinburgh derives etymologically from the old Welsh—I thought I would add that into the mix since we are having lengthy discussions on Scottish history. The hon. Member for Stirling also recognised that state funding is important, and I will come back to that point.
I congratulate the hon. Member for Ayr, Carrick and Cumnock (Bill Grant) who spoke about the Keir Hardie exhibition, and I will certainly visit that if I get the chance to go to his part of the world in future. He also described the Robert Burns Birthplace Museum, which again sounds like a wonderful place to visit. As he rightly said, museums “are worth it”, and I will come back to that later in my remarks.
My hon. Friend the Member for Hartlepool (Mike Hill) spoke about the importance of funding local museums, and he described some museums in his constituency. He spoke not just of museums themselves, but also of the associated services, which is an important point. The hon. Member for Henley (John Howell), our resident archaeologist, spoke about the review he undertook. He said that it is important that we do not lose our local museums, and I could not agree more. He also described some of the ways that he thought those museums could be made more sustainable.
It was all spoiled, however, by the hon. Member for Walsall North (Eddie Hughes) who introduced the “B-word” into the debate—we were all getting along so well until that point. He described how he thought that we as a country should “go forward into the world and dominate”—I think those were the words he used—as we have done in the past, although I am not quite sure what he has in mind. He also said that “our future has been fantastic in the past”, which I thought was the quote of the day. He described a wonderful sounding Black Country Living Museum in his constituency, which again sounds like a marvellous place to visit.
As hon. Members have made clear, local museums are a crucial part of the UK’s cultural life. They tell the story of specific communities up and down the country and help to preserve a continuous sense of community identity. People often feel an ownership of their local museum that they do not always feel about larger civic institutions. As a result, the audience of local museums can often be more diverse and representative than for other larger museums.
It would be remiss of me not to mention the St Fagans National Museum of History in my constituency of Cardiff West. Rather like the Black Country Living Museum, it is on a large site with buildings from all over Wales. It is a wonderful place to visit, and was recently the happy recipient of funding from the Heritage Lottery Fund. That is helping it to develop facilities, including a new “gweithdy”, as we say in Welsh—a place where people can go and try some of those crafts with those wonderful new facilities. If Members ever visit Cardiff, I suggest that they go to the edge of town and visit that museum.
For the reasons we have heard, local museums sometimes have to charge for entry. Constituency MPs are clearly aware of the benefits that local museums bring, but those museums are facing funding problems and threats of closure. There are ways we can try to overcome that fact, but we cannot divorce it from the UK Government’s cuts to the budgets of the devolved nations through the Barnett formula, and to local authorities. The Local Government Association states that there have been staggering cuts since 2010, and that central Government funding will be reduced by a further 54% by 2020. In that context, it is no surprise that local authorities struggle to maintain their services, particularly non-statutory services such as museums.
The Mendoza report, commissioned by the Department, identified museums that are run and supported by their local authority as those most vulnerable to funding pressures. Last week, on the same day the Government published museum visitor numbers, the Museum Taskforce published its report, which considered the funding of museums in England. It stated:
“Often it is less prosperous areas that are feeling the brunt of the crisis in funding and there is concern that further reductions in public finances will leave local authorities in less wealthy areas in particular, unable to fund non-statutory services such as museums.”
Councils are the biggest public sector investors in culture, including museums and galleries, and despite reductions in council funding from central Government, they valiantly continue to spend more than £1 billion per year on culture. That is a good investment because culture is a very good source of economic regeneration. I encourage local authorities of all stripes to continue to do that.
We need more than fine words about local museums from the Government; we need to put an end to the continuous cuts that are putting them at risk. It seems contradictory to protest the underfunding of local museums while propping up a Government who seem intent on cutting the funding available to local authorities. The hon. Member for Stirling was very fair in his remarks, and I hope Conservative Members put pressure on Ministers to ensure local authority funding is not cut so savagely that they are forced to cut local museums. The Government seem determined to ignore that at the moment, but I hope there will be a change of mind under the new Minister.
The Opposition Front-Bench team thought we would look into the issue ourselves when we were recently trying to get to the bottom of what is happening to our local museums, and we conducted a bit of research into the opening hours of local authority museums in England through hundreds of freedom of information requests. We gathered information from a sample of 250 local museums, which showed a huge decline in museum opening hours in the past seven years. Since 2010, more than 40% of local authority museums have decreased their opening hours by an average of 30%. Just across our sample, that is a loss of almost 23,500 opening hours since 2010.
Those results confirm that museums are bearing the brunt of the Government’s local authority cuts. At the end of the day, it should not be up to the Opposition, who have fewer resources, to collect such statistics via freedom of information requests. The Government should be doing that work themselves so they better understand the sectors they represent.
Our museums have to contend not only with the reduction in local authority funding, but with the reduced funding from the lottery and the potential loss of EU funding—the “B” word is not going to issue from my lips. Late last year, the Heritage Lottery Fund announced that it will distribute only £190 million in the coming financial year, down from £406 million in 2016-17. In addition, no new major grants will be awarded during this transitional year. The Government published their heritage statement only a few days after that announcement, and the document did not even mention the possible implications of that reduction in funds for museums and the wider heritage sector.
The Arts Council’s recent report on the EU funding that arts and cultural organisations in the UK receive shows that museums have received more than £13 million from regional funds alone. Despite that, in response to a written question, the Government failed to outline whether that funding will be preserved when we leave the European Union.
Like the hon. Member for Stirling, I have political differences with the Scottish Government in Holyrood, although probably for different reasons, but it is undeniable that the UK central Government’s austerity policies and the effect they have on the devolved nations and councils around the country are at the root of local museums’ problems. Budget decisions made in this House have a direct effect on funding and resourcing in devolved policy areas and local authorities. On all three of these issues—local council cuts, lottery funding reductions and EU funding reductions post-Brexit—the Government need to take responsibility and the actions necessary to ensure our proud cultural heritage continues to be available to the widest possible audience.
I do not want to be overwhelmingly negative, because this has been a jovial debate and a lot of exciting and inspiring work is taking place in our museums. As part of my Front-Bench brief, I have had the pleasure of visiting some fabulous museums around the country. I have been to country homes and seaside fishing museums, and later this month I will be travelling up to the north of England to see some exciting work taking place in the constituency of my hon. Friend the Member for Barnsley East (Stephanie Peacock), where there is a wonderful award-winning local museum.
We can all be proud of our cultural heritage in the UK. We should all be able to share it and feel that we have ownership of it. However, the Government must not bury their head in the sand. If they continue to do so, I will continue to draw attention to the challenges our museums face and to advocate on their behalf.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)
Thank you for your chairmanship, Mrs Main. It is a pleasure to follow the hon. Member for Cardiff West (Kevin Brennan). I thank my hon. Friend the Member for Stirling (Stephen Kerr) for introducing this debate on a subject that is very important to us all. I commend all hon. Members for their valuable contributions. Even greater congratulations are due to my hon. Friend for helping, with his constituents, to save the museum in Stirling.
I was delighted to be appointed Minister for the arts, heritage and tourism earlier this year. It is a great privilege to be the Minister responsible for part of this country’s world-leading museums sector. Local authorities will note that cutting culture, museums and galleries is a false economy. The United Kingdom’s museums are hugely popular: more than half of the nation’s adult population visited a museum in 2016, and three of England’s national museums were in the top 10 most visited attractions in the whole world in 2016.
I congratulate hon. Members on both sides of the Chamber for their enthusiasm and affection for their local museums, including the D.H. Lawrence Birthplace Museum in Ashfield, the wonderful Argyll and Sutherland Highlanders Regimental Museum in Stirling and many others. In the past few weeks, I have visited the National Railway Museum in York and seen the wonderful work that the Science Museum Group is doing there. My hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) mentioned Dumfries House, which is a wonderful example of work that has been done in the national interest and has helped the local community. We are lucky that His Royal Highness the Prince of Wales has done an enormous amount of work.
Local authorities still spend more than £200 million annually on culture and museums. Her Majesty’s Government have maintained cash levels of funding for the museums sector, and we are introducing new sources of funding, such as tax relief for exhibitions. The local government funding settlement is worth more than £200 billion between 2015 and 2020. Locally elected councils decide how to spend money in their area. I reiterate the message that it is a false economy to cut culture. Local authorities have that responsibility.
The hon. Member for Edinburgh North and Leith (Deidre Brock) mentioned royalty. I believe that Her Majesty’s yacht Britannia is based in the hon. Lady’s constituency. It brings in hundreds of thousands of visitors to her constituency, so she should be very grateful for that royal connection for that and many other reasons.
I am proud that free entry to museums remains Government policy. There is a wide variety and a huge number of museums in the United Kingdom. There are more than 2,000 museums in England alone. The Government provide more than £800 million through grants from the Arts Council, the Heritage Lottery Fund and others, which helps museums to protect their collections and keeps them accessible to as many people as possible. The VAT 33A scheme allows eligible museums to claim back VAT that is incurred when putting on free exhibitions, so that is something to bear in mind.
The Heritage Lottery Fund continues to be a major funder of museums under Sir Peter Luff. My Department will work very closely with it to implement the recommendations in the Mendoza review, which several hon. Members mentioned. In 2018, HLF will invest substantial sums—in the region of £190 million—in arts and heritage in the UK. It will also consult on its future priorities, and it will announce new funding in the autumn of this year. That is something to watch out for.
Museums are a vital part of Britain’s tourism offer: 40% of visitors to all parts of the UK cite culture as the reason for their visit. Furthermore, the high profile of our museums helps to build international relationships. As we all know, culture is a bridge between nations and peoples, and it helps to promote Britain to the world. It helps to put us top in soft power.
The British Museum, as has been alluded to, is already sending around the country items that are linked to different parts of the country. That helps local museums, as we heard, and at a local level museums can play a vital role in their communities, telling the story of a place and its people and helping to shape it. They develop and showcase great British talent, from architecture and design to portraiture and ceramics, and world-class curatorial skills.
Museums are vital to our economy. Research by the Arts Council suggests that museums in England alone generate £2.64 billion in income and £1.45 billion in economic output each year—so they make money for the country—and that funding for the arts brings in up to £4 for every £1 invested. Museums are very good value for money.
As for Scotland, cultural policy is, of course, a devolved matter. I may therefore be unable to comment on questions that relate to the specifics of devolved policy, but I assure all Members that I am a keen admirer of Scotland’s rich cultural heritage, which is astounding in its breadth and depth. It is important to note that there are also some excellent cross-border partnerships between museums. That happens between Northern Ireland and the Republic of Ireland, as well as between Scotland and England, and elsewhere. For example, the recent critically acclaimed exhibition of works by British realist painters at the Scottish National Gallery of Modern Art brought together more than 80 paintings by some 50 artists, loaned from museums throughout the nation.
I am also really excited about V&A Dundee—recently, by the way, I met the leader of Dundee City Council, who was very impressive—which is due to open in September this year, in a stunning new building on Dundee’s waterfront that will provide a venue to share the V&A’s collection and exhibitions more widely across the UK; it has an extraordinary collection. The museum will also showcase Scotland’s exceptional and creative heritage as its first museum dedicated to design.
Hon. Members have alluded to the Mendoza review of museums in England, which was published a few months ago in November. The review looked at how museums operate today, what the public want from them, and how Government can best support them. It makes a number of recommendations to Government and government agencies, asking us to work closely together to help our museums flourish. I commend Neil Mendoza’s review, which is very good.
The review’s focus is restricted to the museums sector in England, but many of the themes that emerge from the report are relevant to institutions across the entire country. In the course of the review, Neil Mendoza and his team visited museums the length and breadth of the country. I am pleased to say that he found a thriving sector, supported by more than £800 million of public funding from a variety of sources each year.
There have been challenges for the sector in recent years. It is true that some smaller museums have had to change the way in which they work in order to adapt to reductions in local authority funding. Many museums, however, have successfully adapted to that new climate. I should point out that the review team found numerous examples of museums taking a more commercial approach and thinking imaginatively about how to care for their collections in such a way as to continue to allow as many people as possible to experience them.
My hon. Friend the Member for Stirling and other colleagues asked about the availability of funding, particularly from philanthropic sources, for smaller museums. Philanthropic giving, alongside public funding and—equally important—commercial revenue generation is a key source of income for museums. The Mendoza review found that museums tend to raise less through philanthropy than do other parts of the cultural sector, such as the visual arts, and that museums outside Greater London appear to be particularly affected. However, there is some evidence that parts of the sector are growing in confidence when asking for and receiving donations from visitors. I encourage that; philanthropic giving is very important, as other parts of the sector know well.
One of the priorities to emerge from the review is adapting to today’s funding environment. As my Department works with key agencies and the wider sector to implement the review’s recommendations, we expect that larger and national museums will share learning—they have learned a great deal about this—and good practice to support others to access philanthropic sources of funding.
My hon. Friend also raised the issue of loans from the national collections to smaller museums—I have touched on that, as other colleagues did, with the British Museum—and some of the barriers, such as indemnity, insurance, and security, that may occasionally frustrate efforts to lend valuable items to local venues. I cannot comment on the Scottish national museums, but those sponsored by my Department have a strong track record on loans: in 2016-17 the national collection was lent out to more than 1,300 venues throughout the United Kingdom, from long-term loans and partnership galleries to multi-object exhibitions and one-off, so-called “star” or special loans.
Through loans and partnerships the national museums have extensive UK and international reach, but the museums review found that such work could be better joined up. Therefore, my Department will collaborate with the museums and the wider sector on a partnership framework, working to simplify regional programmes and loans, formalise skills and knowledge exchanges, and share best practice in a more consistent and sustained manner. I am pleased to confirm that the partnership framework will also encompass cultural collaboration with museums in the devolved Administrations. In addition, to help to encourage loans, Arts Council England has provided £3.6 million to regional museums to help them to improve their galleries to protect and display borrowed objects through the “Ready to Borrow” scheme, and the Museums Association has published “Smarter Loans”, a helpful good practice guide.
The Government indemnity scheme, which is administered by the Arts Council for museums in England, has been very successful. It is estimated to save museums at least £15 million annually on insurance premiums. As recommended in the Mendoza review, Arts Council England and my Department will continue to work closely together on the Government indemnity scheme, to promote it internationally and to clarify and simplify the process for applying for commercial insurance where required.
My hon. Friend the Member for Stirling raised further questions about the Scottish treasure trove rules with my Department and the provisions relating to collections of national significance and the museums in his constituency. He will appreciate that I am not responsible for matters that fall within devolved competence, but I am sure that officials from the Scottish Government and the Scotland Office will be happy to discuss those points with him in further detail.
I am delighted to have had the opportunity to champion museums in my first debate as arts Minister in this Chamber. The breadth and depth of the contributions to this afternoon’s sitting demonstrates just how valuable, treasured and beloved our museums are. I look forward to working with everyone in this important role.
Stephen Kerr
May I say how much I appreciate the response from the Minister? He is quite right; as I pointed out in my remarks, things are different between Scotland and England. I also appreciate the comments of the Opposition spokesman, the hon. Member for Cardiff West (Kevin Brennan), and those of other Members who have contributed to the debate.
In summary, the word I take away from the contributions that I have heard this afternoon is “inspiration”—that word was offered to us by my hon. Friend the Member for Walsall North (Eddie Hughes), with whom I share an office—because by enjoying and appreciating our past, we gain confidence for the challenges ahead of us now and for the future.
Someone once said that the best way to celebrate great history is to make more great history. We have to know and appreciate the great history we have in order to be in a position to look forward to making greater history. In that respect, I concur with the importance of museums as a representation of history living in our communities.
I will offer one last plea to my colleagues, and that is to use our museum spaces. Recently I hosted an event attended by the Secretary of State for Environment, Food and Rural Affairs in the Smith Museum, which was an excellent and wholly appropriate place to have such a gathering. I invite my colleagues to make use of their museums in future.
Question put and agreed to.
Resolved,
That this House has considered local museums.
Accutane
(6 years, 9 months ago)
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Bob Stewart (Beckenham) (Con)
I beg to move,
That this House has considered the risks of the use of Accutane.
It is a pleasure to serve under your chairmanship, Sir Roger.
I particularly wish to speak about the impact of Accutane, which can cause depression and impotence when used to treat severe acne. Accutane is but one of a series of drugs, each based on isotretinoin. There are several versions of isotretinoin, known variously as Accutane, Roaccutane, Claravis, Sotret and Amnesteem. These versions of isotretinoin all perform in much the same way. Since all five drugs stem from isotretinoin, and indeed the Medicines and Healthcare Products Regulatory Agency—MHRA—uses that name, I will use it to cover all five of them collectively.
Originally, isotretinoin was marketed as a chemotherapy drug. Based on the evidence of friends who have undergone chemotherapy, I am immediately warned to watch out for side effects. I do not suffer any more from teenage acne or have the urgent need to get it under control that could easily make me overcome misgivings in a bid to get rid of such a curse.
The effects of isotretinoin were last debated on 3 December 2013 in this very place. I took part in that debate because I was concerned to hear about the effects of isotretinoin on the nephew of one of my then constituents. Worries about the effects of isotretinoin had been debated in Parliament some 10 years before that. This seems to be a problem that will not go away and for which we have no scientifically based answer.
I was spurred to call this debate by a constituent who prefers to remain anonymous, but whose son—a totally happy young man—has had his life totally disrupted since taking isotretinoin for severe acne. Having visited a dermatologist at the age of 16, the boy was given isotretinoin and kept taking the drug for eight months before he stopped using it. But its side effects were enduring. Despite having stopped using the drug, the boy—a first-class student who played a sport at a very high level—suffered total erectile dysfunction that continues to this day. He is now in his early twenties and trying to complete a university degree although, unsurprisingly, his hugely embarrassing situation plays havoc with that.
In 2013, I raised this very point in the debate. We were discussing the possibility of isotretinoin having a continuing impact on a patient once they had stopped using it. I suggested that there must be a link, especially as chemotherapy drugs tend to have some pretty unpleasant side-effects. I quote my words from five years ago:
“If the drug is a toxic chemotherapy agent, it may well have a permanent effect on the brain. Consequently, after the person stops taking the drug, it can affect their personality.”—[Official Report, 3 December 2013; Vol. 571, c. 249WH.]
Perhaps I should have changed the word “may”.
Everyone present will totally understand what a disaster a sexual dysfunction would be for any young person. Isotretinoin, which was meant to cure my constituent’s son of what is normally a teenage affliction, has ruined his life. He has stopped playing sport, become utterly depressed and is a suicide risk. Imagine how difficult it must have been for him to even discuss such a matter with his mother, which he does no longer. His situation also has huge implications on his having children. Who present here today would not feel for him, or indeed his mother, who is probably denied the huge pleasure that grandchildren bring to any family?
It seems reasonable to assume that the perceived shame and dread about prospects for relationships brought about by sexual dysfunctions must be a factor in reported isotretinoin-inspired suicides. That certainly seems to be true in the case of 24-year-old Jesse Jones from Dorset, whose sad loss was mentioned in the 2013 debate. In a final email to his parents before he committed suicide, he wrote:
“Anything to do with the opposite sex isn’t psychologically appealing. I used to have to try and stop myself from thinking about girls all of the time; now, I could hardly care less.”
Loss of libido was one of the many symptoms that Jesse and his parents blamed directly on the drug isotretinoin.
I have not mentioned the effects of isotretinoin on young women. I gather though, also from anecdotal stories, that it has a similar effect to that of men—a loss of libido. Certainly, it is hugely dangerous if a woman becomes pregnant. It has long been known that isotretinoin is likely to cause birth defects in babies in rather the same way as in victims of thalidomide. I gather, therefore, that medical professionals are very careful about prescribing isotretinoin to young women and that they check carefully that they are not pregnant or will not become pregnant. But pregnancy can sometimes come as a bit of a surprise—then what?
In researching for this debate, I have read many sad stories about those who used isotretinoin. The effects on people’s mood and outlook can be very quick—sometimes within a few weeks. Patients can go from being carefree, outgoing and happy individuals to being utterly depressed, isolated and desperate in a very short time. I read of one case of that time being three weeks from the first use of isotretinoin to suicide. Surely, there is something amiss for some—perhaps not all—who take isotretinoin. Isotretinoin may be a curse disguised as a blessing to a minority of people who suffer severely after ingesting the drug. For those with a sexual dysfunction, the scars will be much deeper than any their acne would have ever caused.
I understand that to date, no direct link between isotretinoin and some of these side effects has been scientifically proven, certainly not in this country. But anecdotal evidence and existing studies point to a need for critical, scientific examination of what so many people have experienced. I accept, too, that for many people the side effects of isotretinoin may not have an obvious impact, but I am told that they do have an impact, albeit we may not see it immediately.
The drug may have disastrous effects for only a small percentage of patients who take it, yet I am assured that since the last debate on this subject in 2013, which I took part in, 33 more deaths attributed to isotretinoin in the United Kingdom have been reported to the MHRA. In 2005, the American Food and Drug Administration posted an alert that patients taking isotretinoin should be watched closely for serious symptoms, including depression, suicidal tendencies, sadness, short tempers, anger, loss of social interaction, psychosis, loss of motivation and changes in appetite. I do not think I ever want to take this wretched pill.
The percentage of people who develop obvious side effects from taking isotretinoin may be small, but it is clear that there may well be huge danger for some of them. As it is prescribed under circumstances where severe acne has failed to respond to other treatments, I presume that the balance of professional opinion continues to accept that it can have a place on the shelves of dispensing chemists—but I wonder whether it should, given the amount of anecdotal evidence about its harmful side effects.
I gather that the Department of Health has agreed that, when a patient is prescribed isotretinoin, the accompanying patient information leaflet—the so-called PIL—should specifically warn about the possibility of erectile dysfunction and diminished libido. Those additional cautions appeared on the Government’s website in October 2017, yet, as I understand it, at least some PILs handed out by medical practitioners have not yet been updated. I hear that, as of last Friday, the pharmacist at one of my local hospitals apparently remained innocently unaware of those changes, too. Perhaps many other pharmacists and even dermatologists are in the dark about those new warnings.
I checked whether I could get hold of isotretinoin pills with relative ease and without a prescription. Of course, I used the internet. I discovered that British companies such as Lloyds Pharmacy insist on a prescription, but that is not so for companies based overseas. The very first company that appeared on my screen—even before any British ones—was called Online Pharmacy, which is based in the United States. Somewhat ironically given the reason I was looking at the website, its strapline was “Safe and High Quality Medicines”. The Online Pharmacy website informed me that I could purchase 10 isotretinoin pills for £45.07. For a further £18.10, I could get them delivered to my home in a “discreet package” by express mail direct from the United States. Incidentally, Online Pharmacy also promised to include two free Viagra tablets, which is even more darkly ironic considering the problems I am talking about.
Last weekend, I asked Delphine, our 21-year-old daughter, whether she had ever heard of isotretinoin for solving problems with acne. With her, I called it Roaccutane, which is the name used in the UK. She replied that she had and that some of her friends had used it. Of course, I immediately warned her to tell them about the potential dangers. If a young person suffering badly from acne hears of a “miracle” pill that they can get over the internet, might they not just do so, ignoring or perhaps just in ignorance of the risks? After all, my daughter knew nothing of the associated dangers.
After three debates in Parliament in which Members have expressed concern about this drug’s impact on patients, surely it is time for a well-funded and sizeable Department of Health study into the possible problems of using isotretinoin so that we know the answer. In the meantime, it might not go amiss to ensure that mandatory warnings are given to and by medical practitioners who prescribe isotretinoin.
The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)
It is a pleasure to serve under your chairmanship, Sir Roger, and to respond to my hon. and gallant Friend the Member for Beckenham (Bob Stewart), who spoke movingly about the impact of isotretinoin on those who have an adverse reaction to it. He gave me a lot to think about, and I will reflect on the points he made.
It is worth reminding the House of the statement that the Secretary of State made only a couple of weeks ago about the review of medical products and devices, which comes on the back of similar concerns having been raised about other drugs and whether patients are properly advised of the potential side effects of those treatments. He announced that that review would look at three particular products, but also at whether we need to learn wider lessons.
My hon. Friend gave a good example of why we perhaps need to reflect on whether we think sufficiently about how we advise patients to best look after themselves. Our licensing and regulation process for medicines is very scientific and very much based on the product, but, as he explained, the impact of adverse reactions is on human beings. We need to ensure that we deal with these things in the most humane way, because there are real human impacts, which he powerfully outlined.
I welcome this opportunity to amplify the points that my hon. Friend made by providing an update on the risks associated with the use of isotretinoin and on what else we can do to advise patients of its potential side effects. Isotretinoin is licensed on the basis that it is seen as a highly effective medicine for the treatment of severe and resistant acne. Acne affects around 80% of adolescents at one time or another and can affect adults, too. Acne can have a significant negative impact on the lives of sufferers, and it can be very debilitating and distressing. Many forms of acne respond well to treatment with creams, ointments or antibiotics; isotretinoin is reserved for the most acute and resistant cases.
We estimate that 30,000 patients use isotretinoin each year in the UK. Worldwide, more than 18 million people have used the drug. For most people, a single course of treatment leads to the end of their acne, but, as with all medicines, there is the risk of side effects in some people. It is impossible to predict which individuals will suffer a side effect from a medicine. The most important thing we can do is to ensure that, when patients are prescribed a drug, they are fully aware of the risks associated with it so that they can make an informed choice. As my hon. Friend suggested, we are often talking about teenagers, whose stage of development means they are not best placed to make such an informed choice, so we also need to ensure that doctors and prescribers can have sensible and mature conversations with their patients and that we make all the information readily available.
It is worth saying that the risks and benefits of isotretinoin were carefully considered at the time of licensing. Because of the serious side effects associated with the drug, as outlined by my hon. Friend, it is licensed only for use in the most severe forms of acne that do not respond to other treatments. However, as he said, people can find it easy to track down medicines via the internet. Therefore, while we can put in place procedures to ensure that prescribers give the right advice, the opportunities to track down drugs via the internet remain, where such protections are not available. We therefore need to think about what to do through education. While our licensing system is a scientific process that is respected around the world, we need to consider properly whether we are doing enough to inform patients about how they should consider risk.
In Britain, isotretinoin can be given only under supervision of a consultant dermatologist, and it is generally dispensed via hospitals—however, my hon. Friend found it easy to identify a supplier. We need to ensure that prescribing decisions are made by healthcare professionals who have the most experience. We need to get the message out that, when it comes to these drugs, people need to take the advice of those properly qualified to give it. That does not include Mr Google.
My hon. Friend talked about the information leaflet for patients, which is included in all licensed medicines packs. That is an essential tool, but we need to ensure that people do read it. He mentioned that some supplies do not contain the most up-to-date guidance. That is because supplies are being worked through—all new stocks contain the up-to-date leaflet. We will, however, ensure that the Medicines and Healthcare Products Regulatory Agency continues to communicate that best advice to address some of those issues.
We really need to think more carefully about how we can ensure that patients are owning their treatment and properly assess whether they are considering the risks associated with using a particular medicine. I want to start a debate about the principle of informed consent. I am sure that, in the cases my hon. Friend outlined, had the risks of potential depression been properly communicated there might have been a very different outcome. They may have chosen to use the products anyway, but what is important is that patients make an informed choice, in full knowledge of potential side effects.
The MHRA continues to review side effects. The review of medicines safety is an ongoing process, which recognises that clinical trials will not always pick up every single side effect. The most common known side effect of taking this drug is dryness of the skin. That condition can be severe, chronic and debilitating in some patients, and that can exacerbate the depression that my hon. Friend alluded to.
My hon. Friend also referred to the risk of suicidal behaviour. We can debate whether there is a causal association, but it cannot be ruled out. It is complicated by the fact that young people with acne have an increased risk of depression before the additional effects of that treatment. We will continue to keep those side effects under review and disseminate the best possible information.
The national confidential inquiry into suicide and homicide by people with mental illness highlighted that health conditions were a theme, and within that acne was an evident theme in suicide. When someone—often people with conditions such as acne—has been diagnosed with depression, we expect the NHS to follow guidelines on the management of that depression, which include reviewing how they are interacting with any medicine they are prescribed. Again, we must ensure that that work is undertaken properly.
Isotretinoin is a highly effective medicine that has changed many lives for the better. However, as with any effective medicine, the benefit must be balanced against the risks, and decisions about prescribing and taking medicines need to be supported by clear and comprehensible information. Few here will not have known someone who has suffered physically or mentally with the scars of acne, but few, too, would doubt the serious nature of the potential side effects of this powerful medicine.
I should refer to the point my hon. Friend made about a possible association with male sexual dysfunction. Many reports have come to light through the UK yellow card scheme and similar reporting schemes worldwide. In the latest review, conducted just last year, there was sufficient cumulative data to add warnings to patient information about the possibility of experiencing lower libido, or problems getting or maintaining an erection.
The MHRA communicated information about those possible side effects to healthcare professionals in the UK in its drug safety update bulletin in October last year. It is therefore making efforts to raise awareness of the issue and support discussions with patients regarding their treatment. The issue is being closely monitored in order to gain more information about possible side effects and to try to establish whether there are any trends or particular at-risk patients. Although some patients recover after treatment is stopped, for others, as my hon. Friend outlined, the side effects have continued after treatment was completed. It is not clear from the available evidence how the medicine may be causing that problem, but the MHRA will continue to gather intelligence.
My hon. Friend also referred to the risk to unborn babies in the event that women get pregnant. Women taking this drug generally need to have a pregnancy test every month and use effective contraception throughout their course of treatment. That illustrates the awareness of risk management in that context, but we need to consider whether we need to do more to ensure that male users are properly informed of the risks.
I repeat that I am grateful to my hon. Friend for bringing this issue to my attention. I am concerned about the whole issue of informed consent of patients. The conversations that happen when drugs are prescribed are based on an asymmetry of knowledge and information. Perhaps in deference to medical expertise, we do not always ask the right questions when we are offered a treatment. Perhaps in deference to professionals’ expertise, we take it as given and trust that we are being given something that will make us better. However, we all know that, whatever drug we take, there is always a risk of side effects. Perhaps we should all, in our own way, use our voice to encourage patients to think widely about risk.
Let us be frank: there is risk in taking an aspirin or a paracetamol, and more sophisticated drugs carry even more risks. We would all be better at looking after our own health if we were prepared to have two-way conversations with medical professionals when we ask for their help so that we do not end up with the upsetting stories my hon. Friend shared with us today. I thank him for bringing the issue to my attention, and I will reflect on his comments.
Question put and agreed to.
Hospitality Sector: Tipping
(6 years, 9 months ago)
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Darren Jones (Bristol North West) (Lab)
I beg to move,
That this House has considered the regulation of tipping practices in the hospitality sector.
It is a pleasure to serve under your chairmanship, Sir Roger.
A few months ago, a local newspaper in Bristol, the Bristol Post, exposed a tipping practice at a local chain of restaurants called Aqua Italia that involved managers levying a 3% charge on all table orders regardless of tips received. In practice, that meant that waiters and waitresses could, on occasion, be asked to go to the cashpoint after their shift to withdraw their own money to pay the levy to their employers, even if they did not have any tips themselves. Those funds were then recycled to help pay the wage bill—in essence, charging workers to work.
Amazingly, I am told that that is apparently legal—that is, if, in a reference period, such as a weekly pay period, the average hourly wage after deductions does not fall below the national minimum wage, it is legal, but if it does fall below the national minimum wage, it is not. That is because there are no useful laws on the regulation of tips in the hospitality sector or, as in the case of Aqua Italia, on charging workers to work. Enforcement can happen only if it is related to the national minimum wage. That seems an enormous loophole that should be closed, because this is an issue not only at Aqua Italia. As the BBC “Inside Out West” investigatory team found in its documentary, it has been happening at other restaurants too, including the national chain Turtle Bay, which has a restaurant in Bristol.
The offensive practice of charging workers to work and the exploitation of low-paid hospitality workers through an abuse of power in the use of tips is not new news. In 2015, it became clear that Turtle Bay—again—as well as Jamie’s Italian, Wahaca, Gaucho and Las Iguanas were taking the same approach with their staff, yet while many of them changed their policy in the face of public pressure at that time, to my knowledge Turtle Bay chose not to. The Bristol Post reports that Turtle Bay has franchised this policy to other restaurants it is involved with, such as Aqua Italia. The fact of the matter is that laws need to be in place, because even in the face of public pressure some restaurant owners decided to ignore it and carry on regardless.
Following those issues, the Cameron Government undertook a consultation on how to reform the regulations surrounding the use of tips in the hospitality sector. Three years on, to my knowledge, nothing has happened with that consultation or its output, even though hon. Friends such as my hon. Friend the Member for Walthamstow (Stella Creasy) have tabled amendments and had meetings with previous Ministers on the issue. The consultation sought to do two things: make it clear to customers what happens to the tips they give and ensure that staff get a fair share of those tips.
Some restaurants charge an administration fee on tips to cover the costs of the card transaction when someone tips with a card payment instead of cash. That sounds perfectly reasonable, but the administration fee can sometimes be as high as 16%, when the real cost of the transaction to the card payment company is somewhere between 0.2% and 0.9%. For workers who earn, on average, £7.71 an hour, that is again entirely unacceptable and an imbalance of power, given that waiting staff have no power to change it.
The question must be what Government should do about that. In my view, it is quite simple: the law should make it clear that workers get to keep 100% of their tips, and in circumstances where there are card payments to facilitate that tipping, the at-cost use of that machine could rightly be passed on, but at the cost the restaurant is charged, not at a higher cost so that the restaurant takes a further share of those waiters’ tips.
Bambos Charalambous (Enfield, Southgate) (Lab)
On that point, the percentage that appears on a bill in a restaurant is sometimes classified as a tip, not an administrative charge. I am not aware that that is regularly passed on to the staff who carry out the service. Does my hon. Friend agree that there needs to be greater clarity to ensure that the staff get the amount that is warranted for the service they provide?
Darren Jones
My hon. Friend is absolutely right. Going to the heart of the original consultation on this matter, there are two edges to that sword. One is that workers need to be getting the tips that customers feel are being given as tips, but the other is that customers need to understand what is happening with those tips. Often, when we pay bills in restaurants, that is in very small fine print and there is different use of language about administration charges and service charges. Some people do not know whether they are discretionary, and ultimately they do not know whether the tips go through to the staff who have provided them with an excellent service and whom they wish to tip. I hope the Government’s response today will pick up on some of those points from the consultation, and I look forward to hearing from the Minister on that point.
As with everything else, technology is changing the situation. One of my constituents in Bristol North West was recently in touch; she has started a company called Tip Tap, a mobile phone app that will allow diners to give their tips directly to the waiter. They can pay the bill to the restaurant, the waiter will get out their app and then they can pay the tip to the waiter directly. That seems an example of a good solution, but I still do not quite understand why restaurant owners and others feel it is a particular hassle to facilitate that process for their workers, who are often the lowest-paid in those businesses—as I say, on average, they earn only around £7.71 an hour.
This is a simplistic debate; I think waiters and waitresses should get 100% of their tips. If the Government disagree with me on that approach, I would welcome a commitment at the very least to revive the consultation from the ashes of the previous Parliament, respond to the submissions to that consultation and set out how they would seek to achieve those two objectives—customers to know where their tips are going and waiters and waitresses to get a fair share of those tips.
I hope that in seeking to achieve simplicity in regulation, processes, policies, technical solutions and billing systems, we could quickly move to the position that says, “But for passed-through at-cost administration charges, waiting staff get 100% of their tips.” That seems to me a simple solution that would close this legal loophole, where no laws exist today, so restaurateurs can get away with it by relying on national minimum wage law. It would stop the exploitation of low-paid workers in Bristol and right across the country. I look forward to hearing the Minister’s response.
Sir Roger Gale (in the Chair)
Before we proceed, I remind hon. Members that in a one-hour debate the Opposition Front-Bench spokesmen each have five minutes and the Minister has 10 minutes. Therefore, I shall call the winding-up speeches as close as I can get to 10 minutes past 5.
Justin Madders (Ellesmere Port and Neston) (Lab)
It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate my hon. Friend the Member for Bristol North West (Darren Jones) on securing the debate.
The hospitality sector has traditionally employed significant numbers of young people who, it is clear to me, are being taken advantage of by unscrupulous employers who use legal loopholes to maximise their profit at employees’ expense. The world of tipping is governed by custom and, as we know from visits abroad, it can differ from country to country. Even here in the UK, there is no definitive guide on when we should tip and how much we should add to the bill. In restaurants, of course, that is pretty straightforward, but what if there is already a service charge added to the bill? What about gastropubs? I do not want to come over like Alan Partridge, but it can be a little bit complicated at times.
There is one constant among all this etiquette, which is that people expect, when they give a tip to the waiter, that the waiter will get the tip exactly as it has been handed over. It should not be used as a way to subsidise employees’ pay, which is the situation we are in today. My hon. Friend eloquently set out what has been going on at Aqua Italia. I think that is a situation most customers would probably find objectionable if it were drawn to their attention. It unfairly penalises workers for events that are outside their control. They are effectively at the mercy of the customer, and of course the more the customer spends, the more they need to recover in tips.
Alex Sobel (Leeds North West) (Lab/Co-op)
I thank my hon. Friend for an eloquent speech. Students in my constituency got in touch with me about the practice whereby, when customers leave without paying, their tips and wages are docked for those customers. Surely businesses should be taking that on, not penalising workers who are already low paid?
Justin Madders
My hon. Friend is absolutely right. That practice is common in petrol stations as well, when people drive off without paying. It is not something that should be visited on the employees, some of the lowest-paid people in our country. It is not right or fair that they should be penalised for something that is entirely out of their control. There are other things the employee cannot control: what if the customer has a complaint about the food, which has been prepared by someone else, and does not leave a tip? What if they have had to wait a long time before being seated? They might be in a bad mood anyway and just not feel like giving a tip.
Those are all vagaries that can affect whether a tip is given at all, but they should not be used to undermine the lawfully agreed pay rate, potentially breaching minimum wage regulations. I accept, as my hon. Friend the Member for Bristol North West said, that it is quite difficult to reach a calculation and know whether the regulations have been breached, but it is certainly possible.
I have heard it said that some employees can end up paying more to their employer in tips than they actually earn in wages for their shift. Does that not tell us something about how this system is completely out of kilter? Conversely, if they do not receive enough tips, they can have money physically taken from them, possibly taking their pay below the minimum wage—albeit maybe not across the whole reference period, but certainly for that particular day—which could leave them out of pocket altogether.
There are other challenges like that, in the hospitality sector in particular. The practice of cancelling shifts at short notice can also lead to people being out of pocket. What kind of country do we live in if somebody can pay for their childcare and their transport to work, only to get to work to be told that they are not needed and can go straight back home again? That is not acceptable.
The blunt truth is that this and many other arrangements in some areas of the hospitality industry are just a scam. They are a device to increase profits at the expense of workers. That is part of a wider problem in that this sector and others seem to treat workers, especially young people, as a disposable commodity. This industry has always involved a fair amount of casual work, but there are companies out there that seem to predicate their business model on exploiting their staff. I believe this is part of a wider trend, which has crept into our economy over the last few years, that work is now insecure and exploitative, and it is not the cornerstone it once was to enable people to build their lives.
That culture has led to an explosion of zero-hours contracts: it says that anybody wanting to become a nurse has to pay £9,000 a year for the privilege of working on the ward and allows an employer to pay less than the minimum wage by calling a job an apprenticeship. It is a culture in which the only way to get into some roles is to take an unpaid internship, which can last for months and have no guarantee of a job at the end. It is a culture that classes more and more jobs as self-employed, thereby avoiding a range of employment rights. It is a culture in which mass redundancies are met with a shrug by those with the power to do something about it.
Thangam Debbonaire (Bristol West) (Lab)
My hon. Friend is eloquently explaining some of the ways in which risk is being transferred from the most powerful in the equation to the least powerful. Does he agree that those are all specific examples of how big employers—and sometimes, unfortunately, small employers—can use all sorts of different methods to transfer the risk away from themselves while keeping the rewards?
Justin Madders
A whole industry has built up over recent years that involves the chipping away of what were once long-established principles in this country—part of the social contract of our society. It is prevalent in sectors in which collective bargaining is not prevalent, so I say to anyone in this industry or any other to join a trade union, because unions are their best chance of getting protection in the workplace.
We need to end the destructive combination of weak employment rights, greedy bosses and a complicit Government who are leading us in a race to the bottom—a race that will leave us all the poorer. If reports that up to half of all jobs will be lost to automation in the next decade are correct, we need a complete change in the way the Government view work.
We will have to undertake a massive, state-sponsored exercise to reskill our workforce and to develop a culture in this country that says education and redeployment will run through people’s lives. Three, four or five career changes will be the norm; at the moment, we see three, four or five job changes each year. There is no permanence. The state and employers should invest in individuals throughout their adult lives, reward effort with stability and let people have the confidence that they are getting a fair day’s pay for a fair day’s work.
There are many other ways an employer can take money out of their employees’ pockets or get them to work for free: uniform costs, cutting breaks or even stopping pay when the restaurant or bar shuts and expecting staff to work an extra hour or two to clean the establishment. Those are all different ruses and different ways of exploiting people. Expectations are so low, especially among the young, that people do not expect to be treated any better. It is time we offered a better vision and a bit of hope, so that people do not see this way of working as inevitable. I believe we can do better.
Catherine West (Hornsey and Wood Green) (Lab)
It is an honour to serve under your chairmanship, Sir Roger, and to follow my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders). I thank my hon. Friend the Member for Bristol North West (Darren Jones) for introducing the debate.
This issue first came to my attention when I attained my seat in the House in 2015. I was shocked to dine at one of the restaurants here and to find, when asking the staff whether they would receive my tip, that because I was paying that tip on a card, it would go straight to management. Following a write-up of that in the Evening Standard, there has been an improvement in practice. However, I understand from an update that I received from a waiter in the Palace that tips are now evenly distributed, but not until two months after the meal. Despite promises and commitments made by the House, some improvement seems to be required. I wonder whether the debate could be shared more widely than just in Westminster Hall.
Partly as a result of that furore, the then Business Secretary, who is now Secretary of State for Housing, Communities and Local Government, eventually set up a review of the issue. I was disappointed to read that we still await a proper Government response, despite the Minister then responsible replying to a parliamentary question in December 2017 that they would get around to it at some time. Is that not the case with just about everything we deal with, unless it starts with B, ends with T and has an X in the middle? We do not seem to get responses on much, which is a problem for people in the workplace who are desperate for fairness and to see a change in the situation.
The national minimum wage is now £7.71 an hour, but a cleaner in a local authority, for example, might get the London living wage of £10.20 an hour. That is a big difference. A lot of staff who wait on tables are really getting the rough end of the stick. We know from The Observer that, in one week, a restaurant called Las Iguanas took £34,000 from its servers across all its branches from a sales charge on servers. If that represents a typical week, over a year that would amount to £1.8 million. That was from a 3% sales charge, or 5.5% in London, which no longer exists at Las Iguanas. That shows that things can be changed and improved. It is often through these debates and coverage in newspapers and so on that we can advise the consumer on best practice. However, I understand that the 3% charge still applies at Turtle Bay, while a 2.3% charge still applies, as far as we know, at Gaucho.
There is a lot more to be done. I look forward to an energetic response from the Minister. I ask him please not to tell us that he is going to postpone the response to that review because we are too busy speaking about B, X and T. Could we please have a speedy response to the review, with energy injected into it? We look forward to his response.
Chris Stephens (Glasgow South West) (SNP)
It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Bristol North West (Darren Jones) on securing the debate.
The hon. Gentleman clearly highlighted a lack of basic protection in the workplace for those in the hospitality sector. Certainly, the only individuals providing that basic protection are in the trade union movement or organisations such as Better Than Zero, which operates in Scotland and is organised by the Scottish Trades Union Congress youth committee. It stands up against harassment in the workplace—there have been many complaints about workplace harassment in the hospitality sector—unpaid work trials and last-minute shift changes, and it exposes poor employment practices. Tipping practices in the hospitality sector are among those poor practices.
However, I have a wider concern: national minimum wage compliance, and those in the hospitality sector who try to use tips towards paying the national minimum wage rather than, as should be the case, tips being received over and above the national minimum wage. But what chance do workers have when the latest available figures show that 25% of the posts in the national minimum wage compliance unit are lying vacant? There are 399 members of staff in the unit and 83 vacancies, so although according to the National Audit Office 208,000 workers are being underpaid—not paid the statutory minimum wage—25% of the posts in the compliance unit lie vacant.
Catherine West
Has the hon. Gentleman made an estimate of the amount of taxation that is missing as a result of the failure to check on who is being paid the adequate amount and therefore the amount that is missing from the Exchequer?
Chris Stephens
I have not, but it seems to me that if 208,000 workers are not being paid the national minimum wage and 56,000 workers are in accruals, who have been owed the national minimum wage, and if we compare those figures with the 4,504 full-time equivalents chasing Department for Work and Pensions social security fraud, we see that more resources should be put into ensuring that the national minimum wage is complied with. I think that the Minister is anxious to intervene.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Andrew Griffiths)
Let me enlighten the hon. Gentleman. The Government have actually doubled the amount of money that we are putting into enforcement of the national minimum wage. We have increased that to £25 million, and in the last 12 months we have helped to secure £1.2 million of wages owed to people who had been unfairly treated by their employers.
Chris Stephens
I thank the Minister for that clarification. However, the facts speak for themselves. Written answers from the Government only a few months ago have told me that the national minimum wage compliance unit has no plans to fill the current vacant posts. I am happy to provide the House of Commons Library with that answer.
The Minister says that there has been increased investment, but the 208,000 workers who are still waiting to be paid the national minimum wage may have a different view, so let me ask him what representations he is making to Her Majesty’s Revenue and Customs to enforce the national minimum wage appropriately in the hospitality sector and what representations he is making to ensure that HMRC is fully staffed and equipped for enforcement of the national minimum wage in that sector. The Low Pay Commission estimates that 1.9 million workers in the UK are currently on or just above national minimum wage rates. That figure is expected to increase, by the year 2020, to 3.4 million workers earning the national minimum wage or just above it, so we need strong action from the Government to enforce the national minimum wage.
On the issue of tipping and gratuities itself, as the hon. Members for Bristol North West and for Hornsey and Wood Green (Catherine West) have outlined, the Government need to get a grip on what credit card payments mean for the workforce—what that means for the worker in practice needs to be made clear to consumers and others. In my view, it is certainly a breach of consumer protection regulations if consumers are being told that tips from credit card payments are going to staff when they are not. I think that the hon. Member for Hornsey and Wood Green has identified such a practice, and I hope that it will be brought to the attention of the House of Commons Commission. It concerns me; I think that if there are facilities in this place where that is happening, hon. Members have a duty and responsibility to ensure that the House of Commons Commission is aware of those allegations and they are fully investigated.
Will the Minister advise us of the steps that he is taking to tighten the regulations in relation to customer credit card payments? I ask because it seems to me that that is a device to ensure that money is not going into workers’ pockets and that the so-called tips are actually an admin fee, as the hon. Member for Bristol North West outlined.
Thangam Debbonaire
The hon. Gentleman is making a very clear case. Does he agree that this issue is particularly pressing and urgent, given that nowadays so many people and, in particular, young people do not carry cash? If they are simply using chip and PIN or contactless, which an awful lot of people do, there is no alternative—and people do want to tip someone who has given good service.
Chris Stephens
I absolutely agree. As technology moves on in relation to payment methods, it is a matter of urgency that these practices are addressed and real action is taken. This can be interpreted not just as a consumer protection issue, but as an issue for the workers. The employer is in breach of the Employment Rights Act 1996 if there is evidence of tips not going to them.
I thank the hon. Member for Bristol North West for securing the debate. He gave some shocking examples of events in the city of Bristol. I fear that the practice is operating not only in the city of Bristol but elsewhere in the UK, because we have a Government who like to deregulate things.
Finally, can the Minister tell us what the outcomes were of the long consultation? I think that the hon. Member for Bristol North West said that it was three years ago. It seems to be buried somewhere. Can we see what the outcomes of that consultation were?
Laura Pidcock (North West Durham) (Lab)
I declare an interest as a member of Unite the union.
The practices at Bristol-based Aqua Italia, which have been so methodically exposed by my hon. Friend the Member for Bristol North West (Darren Jones)—I thank him very much for raising this important issue with the Government—and, of course, the Bristol Post are, sadly, part of a much bigger picture of exploitation in our low-pay economy. My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) outlined so eloquently the multitude of issues in the hospitality sector.
When I was a waitress and then when I worked in a pub, it was quite a regular practice for tips to be used to balance the till if it was under what it should have been at the end of the night. The worker would feel like a culprit because their tips were being used; they would feel that they were somehow being accused of defrauding their employer out of that money. But with thousands of transactions, there will be mistakes, and of course it was clearly very unfair to ask the workers to provide the money out of their hard-earned tips.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
My hon. Friend shares a very typical anecdote about something that many low-paid workers will experience; I speak as one whose first job was as a waiter in a well known Glasgow pizzeria. The typical practice was to be paid a pound under the minimum wage and then to have a tip allocated as a wage per hour to bring the person up to the minimum wage, so patrons of the restaurant were unknowingly contributing to subsidising the basic wage of the staff. I would often tell them that by giving us a tip, they were simply subsidising the employer to pay the wages. This practice is absolutely disgraceful, and that is why the work of people such as Better Than Zero is critical to addressing the massive inequalities that we see in employment.
Laura Pidcock
That is absolutely right. My hon. Friend gives a terrible but, I am sure, quite common example of what is happening in the hospitality sector. I implore everyone in that sector—and in all sectors, of course—to join a trade union, because only through a trade union can they have greater workplace rights. Also, consumers will become more aware and ask questions about what is happening to the tips when they are in an establishment.
What happened at Aqua Italia has been very well set out. Most striking was the case of the woman who had to go to a cashpoint at the end of her shift. How draconian is that? What century are we in when somebody has to pay just to be at work? Of course, the mantra of this Government is that for people to get themselves out of poverty, they must be in work. That is clearly a story to the contrary.
It is astonishing that this practice is legal, and it is more commonplace than people imagine. Although it remains within the law to treat people in such an extraordinarily exploitative way, it certainly cannot be said to be moral. The problem in the hospitality sector was and is the chronic lack of regulation, which has meant that exploitation—especially of young people, who perhaps are unaware of their rights and of the benefits of being in a trade union—has been allowed to flourish. That shows that we cannot rely simply on self-regulation in that sector.
Trade unions have taken a special interest in the sharp practices used in the hospitality sector since at least 2008. In May 2015, after it emerged that restaurants such as Pizza Express, Bill’s and Strada were taking tips and service charge payments intended for staff, Unite the union launched a summer campaign against these practices. For example, Pizza Express claimed an 8% so-called “admin fee” from any tips paid on a card. That is a huge problem, which has been repeated. There was public outcry as the endemic nature of the problem was displayed and publicised via social media. The huge public reaction forced the Government to act. They launched this call for evidence into tipping practices, followed by this consultation. However, as has been repeated consistently: nearly two years on from the consultation, what action has been taken?
In June, Unite campaigners handed a 6,500-signature petition to the Business Secretary, urging him to release the Government report into tips, but it still has not been published. The petition called on the Business Secretary to give staff 100% of their tips with complete control over how they are shared, to ban the bogus tronc schemes and make the code of best practice mandatory. For every single day that goes by, more abuses come to light. The so-called “pay to work” schemes are part of this broader set of practices, which cynically exploit restaurant workers and customers, who are none the wiser.
Catherine West
Whereas previously a waiting job was done for a few months or in the summer while someone was a student, these days, with the flat economy we are seeing, people are working in the waiting sector for several years as a full-time role. Does my hon. Friend agree that we now have to get to grips with the situation, get some energy into this and really address the poor practices?
Laura Pidcock
My hon. Friend is absolutely right. For many people this is not a stop-gap, but a career—they will work for many years in a restaurant, bar or pub.
Workers are charged fees, denied service charge payments, robbed of customers’ tips and denied tips by these bogus tronc schemes. A properly run tronc scheme— a pooling system, used by employers to distribute non-cash tips for employees—should be genuinely independent, free from employer interference and involve staff, but many are not. Too many say that they get absolutely no say in how the non-cash tips and service charges are shared out, or who gets a share. We have to remind ourselves all the time that it is not the business of the employer to say what happens to those tips. Those tips are hard-earned by the service of that member of staff.
Unite has also uncovered something very important. A number of these bogus tronc schemes, organised through troncmaster consultants—quite a dramatic name—have been used by companies to minimise the basic income of workers in order to avoid liabilities on national insurance and pensions. One case of this was an advert for a sous chef with a salary of £28,000. Once taken on, the employee found out that their contract stated a salary of £16,000, with the remaining £12,000 being paid from service charges. If anybody thinks that these practices are tailing off, I should say that two weeks ago we heard about the scandal at TGI Fridays, the American chain, following the proposal to redistribute card tips from waiters to kitchen staff, in lieu of an increase in wages.
Bogus tronc schemes are among a handful of ways in which tips are taken from the pockets of waiting staff and redistributed upwards and outwards into the pockets of companies, both big and small. Trade unions are rightly pointing out that these schemes verge on remuneration avoidance, illicitly reducing companies’ tax liabilities, and therefore should be subject to an investigation by HMRC.
Until staff are given 100% ownership rights over their hard-earned tips, with complete control over how they are shared out, bad employers will continue to take the tips of staff—that has been proved conclusively throughout our history—and young people will continue to live with that insecurity of low pay and not have the regularity of their tips. As the unions have been urging the Government for a decade now, it is time that the Government showed some leadership and dealt with these appalling, exploitative practices that exploit both the customer and the employee. Let us be honest: tips are often a lifeline for staff, but they often become a subsidy for low pay. People are dependent on these tips to live, not just for luxuries.
I am becoming somewhat tired of the Government’s inaction, already mentioned by hon. Members, in response to the low-pay economy. We do not need another review, consultation or any further consideration, but we do need a legislative imperative on employers to stop this theft from their staff. Actually, a whole new suite of workers’ rights is needed, placing collective bargaining, as has rightly been said, at the heart and centre of that agenda. The Taylor review and the Government response to it did not go far enough at all. In fact, the Government’s response to some of these complex issues in the modern labour market was extremely weak. I look forward to the Minister announcing that he will indeed take decisive action on this issue.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Andrew Griffiths)
It is a delight to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Bristol North West (Darren Jones) on his well-made speech. I am genuinely pleased that he has raised these issues in the House and given me an opportunity to consider them and respond to him.
I think this is my seventh week as the Minister for small business, who is responsible for this employment legislation. In that time I have had the Carillion case, the Matthew Taylor report and various other pressing issues, but I am delighted that the hon. Gentleman takes this issue seriously. He raises important points on behalf of his constituents—many of whom, as he rightly points out, are vulnerable—and gives us the opportunity to debate this issue today.
Conservative Members care passionately about the lowest-paid in society, particularly those on the minimum wage and the national living wage, which, as you will know, Sir Roger, was introduced by the previous coalition Government. The Government are committed to creating an economy that works for everyone. The low-paid workers who work hard at our restaurants, bars and hotels across the country should be paid fairly by their employers. There are no excuses for not doing so.
I gently point out to hon. Members, however, that the hospitality industry is a reputable industry that provides fantastic employment opportunities for many of our constituencies across the country. I declare an interest as the previous chairman of the all-party parliamentary beer group. I am a lover of our pubs and hospitality industry. Only yesterday, I spoke at an event, which many hon. Members came to, about apprenticeships in the hospitality industry. They are giving young people careers with great training and great opportunities to earn well and have a fulfilling career in an exciting and dynamic industry. We should not tar all employers who are working hard to build their business and employ people in fulfilling and well-paid jobs with the same brush as disreputable employers.
Thangam Debbonaire
I am grateful to the Minister for giving way, but I feel that I must register that I have sat here for almost all of this debate and I have not heard a single person tar the industry with any sort of brush. All Members have done is to be very clear that where egregious employment actions do take place, they need to be rectified. I welcome the hospitality industry in my Bristol West constituency, but I just want employers to pay their workers properly. Most do, but some do not.
Andrew Griffiths
I am glad that the hon. Lady and I have found common ground on that point.
The Government are committed to creating an economy that works for everyone. That is why I was extremely concerned to learn from the hon. Member for Bristol North West about the working conditions experienced by some low-paid workers in the hospitality industry. I recall the period of scrutiny that the sector faced in the summer of 2015. Several of our largest restaurants were discovered to be abusing tips earned by their staff. I will clarify for the hon. Gentleman that I recognise the point he makes about the cost of transactions. He will also recognise that income tax is due on payments where the employer acts as the troncmaster—a fabulous word, which I had never heard before I started to prepare for this debate. There is a responsibility on the employer to deduct PAYE, and we must take into consideration the fact that that will result in some payroll costs. Where the employer facilitates the amounts, national insurance contributions are also due. Clearly, it is important that any employer acting as a troncmaster fulfils their legal obligations in relation to the payment of both income tax and national insurance contributions.
The cases raised today are of exactly the same type as the 2015 cases, which are the reason why we had the consultation. I thank the hon. Member for Ellesmere Port and Neston (Justin Madders) for his contribution, in which he raised important issues including the cancelling of shifts. That is a real problem. People turn up to do an evening’s work only to find that if the restaurant or pub is quiet, they are sent home without any further pay by their employer. They expected to do a four or five hour shift, but they may get paid for only one. I am delighted to tell the hon. Gentleman that, in response to the Matthew Taylor report, we are looking at exactly that: the asymmetry between the flexibility required of workers, particularly those on zero-hours contracts, and the employers that can send employees home at will.
Laura Pidcock
Was that a sneaky preview of policy that will be coming from the Government? Are they going to ban zero-hours contracts?
Andrew Griffiths
I point out to the hon. Lady that for many people who are employed on them, zero-hours contracts are exactly what they want. I recognise that is not the case for everybody, but all the consultations show that for many people zero-hours contracts provide the flexibility that they are looking for. That is not to say there may not be an argument for some sort of enhancement or bonus for those workers’ flexibility. That is why, following Matthew Taylor’s report, we asked the Low Pay Commission to look at whether those on zero-hours contracts who have to offer such flexibility should receive an enhancement on their wages as a repayment for it.
Chris Stephens
The Minister is, rather suspiciously, discussing much of the content of the Workers (Definition and Rights) Bill, such as shift changes and zero-hours contracts. He has promised me a meeting, but I do not yet have an invitation to see him to discuss these matters. When should I expect to receive an invitation?
Andrew Griffiths
I am sure that, as we speak, an invitation is winging its way through the ether to set that up. It is always a delight to talk to the hon. Gentleman, and I am keen to talk to him about his Bill. Perhaps this is the perfect point for me to address some of the issues that he raised in his thoughtful speech, particularly the enforcement of the national minimum wage laws.
The Government have doubled our investment in enforcement of the national minimum wage to £25.3 million a year. That means we have recruited an additional workforce, and around 400 people now work on the enforcement of the national minimum wage. Recruiting additional tax staff takes time, and new vacancies appear. We are committed to continuing the high level of staffing to support those who are being denied the national minimum wage or the national living wage that they are owed. I am delighted to say that last year we assisted 98,000 people in recovering the payments they were owed —up from 58,000 in the previous year—and I am sure the hon. Gentleman will welcome that.
Chris Stephens
I did say in my contribution that the minimum wage compliance unit hired 399 people. The Minister has just said that it hired 400, so I am glad that one person has been taken on. Seriously, though, does the Minister not share this concern, which many of us have? The National Audit Office says that 208,000 people are not being paid the minimum wage, but if it was not for the investment that he says the Government are making, that number could have been a lot higher—400,000 or 500,000 people.
Andrew Griffiths
I absolutely agree. I take that as the hon. Gentleman welcoming the doubling of the investment in the enforcement of the national minimum wage.
I know that everybody is keen to hear my response, but before I go on I will deal with one further point that the hon. Member for Ellesmere Port and Neston made, which was about unpaid interns. I absolutely agree that people being employed to do work under the auspices of unpaid internships is—let me be very clear—illegal. That is why in the past couple of months HMRC has written to firms that are advertising unpaid internships, reminding them of their obligations. This is no way to avoid paying the national minimum wage. If we find that firms are doing it, they will be prosecuted for non-payment of the national minimum wage.
Justin Madders
Does the Minister agree that as Members of Parliament it is up to us to set the standards and not to recruit people on unpaid internships ourselves?
Andrew Griffiths
I absolutely agree. That old phrase, “Physician, heal thyself” applies here. We should set the same standards ourselves. I would point out, Sir Roger, that I do not employ an unpaid intern.
The Government are clear that all workers should be paid fairly and at least the relevant national minimum wage. For those aged 25 and over, that is £7.50 per hour. I am pleased to say that the Government will increase that rate above inflation to £7.83 next month, which I am sure all hon. Members will welcome. In all, increases to the minimum wages will benefit more than 2 million workers. That is a well-earned pay rise for them from this Government. I thank all the businesses that have stepped up to the plate and are working hard to pay the national minimum wage. The Government respond robustly to employers that fail to pay their workers correctly. We have doubled our investment in enforcement, as I stated.
A worker aged 25 and above must be paid that £7.50 by their employer. All income earned through tips must be over and above that sum. Let me reassure the hon. Member for Glasgow North East (Mr Sweeney) that any income earned through tips must be over and above the national minimum wage. If any employee is not getting that, their employer is breaking the law. They should report it, and HMRC will take action to ensure that is enforced.
The hon. Member for Bristol North West raised restaurants charging a 3% table levy to their workers. That is a proportion of whatever sales are earned on the table that worker has served. It should not be seen as a route through the national minimum wage, because it is not.
It is my top priority to ensure that the lowest paid workers are fairly rewarded for their work and contribution to the economy. It simply is not right for employers to keep huge proportions of the tips earned by workers. Accordingly, in the past two years the Government have run a call for evidence, as we have heard, and a public consultation to examine this in greater depth. The exercise established a very clear principle that I think the House will agree with: a majority of stakeholders agree that tips belong to the worker. I would like to make it clear that this Government will act should there be clear, ongoing evidence. This debate has added to that ongoing evidence. The principle is that no employee should be abused in this way.
Laura Pidcock
I do not want to disrupt the Minister’s progress, but the trade unions have been saying this for a long, long time. It should not take a Westminster Hall debate to legitimise the argument or add to evidence. They have all the evidence the Government need.
Andrew Griffiths
As the hon. Lady will know, at the end of last year Unite the union, of which she has said she is a member, worked alongside the Association of Licensed Multiple Retailers to produce a new code of practice. That was a joint collaboration, and I pay tribute to both the industry and Unite the union for working in such a proactive way to develop a voluntary code of conduct. I also recognise that a voluntary code of conduct works only if everybody sticks to it. As we have heard, there are still companies that are not sticking to it.
The agreement between the unions and the ALMR about the principles that underpin good tipping practices is clear, and it provides great guidelines for how to distribute tips fairly among all workers, not just those at the front of house. We must remember that those working in the kitchen or cleaning tables are just as much a part of the service experience as those waiting on tables and interacting directly with diners, so I understand the need for the tronc system where tips are spread more widely among staff in some circumstances.
Since 2015, we have seen another change, which is that employers are noticing. Poor employers who misuse tips now face tough scrutiny—not only in Westminster, but under the harsh media spotlight. I am encouraged that newspapers raise the issue on a regular basis and highlight the points made by the hon. Member for Bristol North West.
Hon. Members asked when the Government would formally respond to the consultation on tipping. I have listened to the calls for further action from the Government; many would like to see an outright ban on employers making deductions from tips or levying table charges. It is an extremely serious issue, and the Government reserve the right to take action or to legislate if necessary. The evidence that we have heard clearly indicates that the Government need to look at it very closely and to take action if necessary.
Let me be clear: we are not ruling out legislating to solve the problem. Workers should be treated fairly, and I am clear that it is unfair for employers to pocket a huge proportion of the tips earned by staff. Furthermore, employers who play fair are disadvantaged compared with unscrupulous employers. It is a competitive market. We have heard the figures for how much unscrupulous restauranteurs and people in the industry can make as a result of that kind of scheme, which provides them with an unfair advantage in the marketplace among their competitors who are doing the right thing. I am very mindful of that, so we will remedy the situation if the industry does not act on the abuses that are sometimes reported.
Naturally, all options for Government action carry costs and benefits. It is important to get it right so any action is targeted and benefits the workers, while burdens on legitimate, well-meaning businesses are minimised. Employers should not be out of pocket, and I entirely accept that they may need to retain a small proportion of tips to cover the administrative cost of processing them, as I said earlier.
There are many examples of good employers who act entirely fairly about their staff’s tips and who recognise that treating workers fairly is part of running a productive and happy workplace. Ultimately, it is up to employers to make a compelling offer if they want to attract and retain the best staff.
I thank the hon. Member for Bristol North West for securing the debate and for the collaborative way in which he has raised these issues. I look forward to working with him on them in the weeks to come. It is right to call out abuses of tipping and the exploitation of workers in the hospitality sector, and more widely.
It is the responsibility of all employers to pay their staff fairly, and at least to pay them the national minimum wage. Hon. Members should be clear that if that is not happening, the Government will act if necessary. Our policy is that employers should not make unfair and unreasonable deductions from tips. We reserve the right to introduce further sanctions against employers who fail to comply with that basic principle of fairness.
Chris Stephens
On a point of order, Sir Roger. I wanted to wait until the Minister had finished, so I apologise to the hon. Member for Bristol North West (Darren Jones). Some allegations were made in relation to hospitality establishments in this place. Could you remind us of what action you or other hon. Members can take to raise that with the Commission?
Sir Roger Gale (in the Chair)
That is not a point of order for the Chair. The Minister has wound up his speech, but I think he indicated during his remarks that he would address that issue.
Darren Jones
I thank my hon. Friends and other hon. Members for their contributions to the debate. With respect, the Minister’s winding up speech was much like his Department’s consultation: it went on for quite some time but gave no answers. I am disappointed with that because I am a man of definitions, as I said in the main Chamber on Monday: I like answers that give clarity, so that I can pass that on to my constituents. The Minister used language like “If necessary we will act” and “We reserve the right to act”, but the comment of his that I will hook on to is the one about looking forward to working with me in the coming weeks. We have three years of evidence that legislation is required, and I intend to follow up in a matter of weeks to see how we can bring the issue to a conclusion.
As I said in my opening speech, we need clear laws so that workers can keep the tips they have earned and so that we no longer have to use the phrases “pay to work” and “tip tax”, because those practices will be illegal and therefore not relevant in the United Kingdom. The Minister will already have been invited, but I invite him again to join me and others in Committee Room 18 after the debate, where he can hear from workers who have been subjected to this exploitation, from the journalist who uncovered it, and from unions and representatives of the hospitality sector—who, I should add, agree with us.
I am disappointed by the lack of clarity in the Minister’s reply, but I look forward to more clarity in the coming weeks.
Question put and agreed to.
Resolved,
That this House has considered the regulation of tipping practices in the hospitality sector.
Written Statements
(6 years, 9 months ago)
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Embedded Technology: Cultural Sector
(6 years, 9 months ago)
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The Secretary of State for Digital, Culture, Media and Sport (Matt Hancock)
I am delighted to announce the publication of “Culture is Digital”. A link to the report can be found here: https://www.gov.uk/government/publications/culture-is-digital.
The UK’s future will be at the nexus of our artistic and cultural creativity and our technical brilliance. The UK has a proud history of both cultural and technological excellence: from its world class museums, historic buildings, monuments, theatres and festivals to being a pioneer of computing and its role in the development of artificial intelligence which have changed the world. Today, the UK ranks second globally in terms of the soft power it projects through its cultural offering with cultural organisations and practitioners contributing £27 billion to the economy. Meanwhile the digital sector contributes £117 billion to the economy and remains one of the fastest growing segments of the economy.
Aligning with the aim of the Government’s industrial strategy to build on the UK’s strengths, and capitalise on the opportunities before us, our “Cultural is Digital” report looks to build on the twin UK strengths of creative and technology skills, focusing on the use of digital technology to drive our creative sector’s global status and engage audiences with new creative experiences.
“Culture is Digital” focuses on three themes: how cultural organisations can better use technology and data to serve audiences; improving the digital skills of the sector; and a future strategy section on the need to engage with new technology and for there to be many more collaborations between technology and cultural organisations of all sizes.
The cultural and technology sectors have together come forward with 12 policy commitments within the report to help mainline technology within the cultural sector. This report marks a staging process in the overall goal of embedding technology and digital skills in the cultural sector, and Government will continue to monitor progress and offer support. By delivering on each of the elements of this report, I believe we will cement our position as a world-leading cultural power and thrill even more audiences.
[HCWS519]
Prison Accommodation: Nigeria
(6 years, 9 months ago)
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The Secretary of State for Foreign and Commonwealth Affairs (Boris Johnson)
On 9 January 2014, the United Kingdom signed a compulsory prisoner transfer agreement with Nigeria. As part of this agreement, eligible prisoners serving criminal sentences in Nigeria and the UK can be returned to complete their sentences in their respective countries. In support of this, and to help improve the capacity of the Nigerian prison service, the Government have agreed to build a UN compliant 112 bed wing in Kiri Kiri Prison, Lagos. Tenders have been placed and a supplier identified to conduct the building work, alongside project support and monitoring and evaluation, bringing the total cost to £695,525. This project is funded from the CSSF (conflict, stability and security fund) migration returns fund.
The provision of this assistance is in line with the Government’s security and stability objectives in West Africa. FCO officials carry out regular reviews of our programmes in Nigeria to ensure funding is directed only to approved recipients.
[HCWS518]
Justice and Home Affairs Pre-Council Statement
(6 years, 9 months ago)
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
The EU Justice and Home Affairs Council of Ministers will meet on 8 and 9 March in Brussels. I will represent the UK for interior day.
Interior day (8 March) will begin with a discussion on co-operation between common security and defence policy (CSDP) operations and EU JHA agencies. This work aims to join up the activity of JHA agencies more effectively with EU security and defence missions in third countries. The Government support improving co-operation in this area and I will endorse this work.
This will be followed by an exchange of views on the implementation of the directive on the use of passenger name record (PNR) data. The UK has existing capability for processing PNR data in Europe, was at the forefront of advocating the need for an EU tool in this area, and continues to offer advice and support to member states in the development of their own capabilities.
There will be an exchange of views on co-operation with the western Balkans in the area of internal security and counter-terrorism. Ministers will discuss how to help build capacities in the western Balkans and to facilitate co-operation against threats from organised crime and terrorism, in light of the EU Commission’s western Balkans strategy, published in February. The Government broadly support these high-level counter-terrorism and countering violent extremism objectives and recognise the importance of effective work in these areas in the western Balkans.
Over lunch, Ministers will discuss ways of combating terrorist content online. I will share recent global developments made in preventing terrorist use of the internet. This includes developments within industry, which have been driven by our efforts in the UK and through partnerships including with EU member states and the Commission. I will also note the progress made by the Global Internet Forum to Counter Terrorism and the complementary role it plays with the EU internet forum. I will also update Ministers on the Home Secretary’s recent visit to see the US tech industry in Silicon Valley, where she discussed how to make sure terrorist use of the internet does not simply shift to less well-resourced platforms as the large companies clean up their act.
In the afternoon, Interior Ministers will discuss JHA agencies’ role in counter-terrorism. Discussion will focus on the potential future strategic direction of co-operation, including between JHA agencies; improving engagement with priority third countries; and increasing the number of CT experts based within the agencies. The Government are broadly supportive of these measures, which will enhance co-operation and increase expertise, and which in turn will make better use of the existing mechanisms and structures.
There will then be a policy debate on the proposed regulation on establishing a framework for interoperability between EU information systems. The legislation aims to create a more joined-up approach to EU JHA databases to prevent criminals and terrorists exploiting the gaps between them. The Government are assessing if these proposals would provide benefits to the UK, in particular if they would make UK law enforcement agencies’ searching of data more efficient and represent value for money. These considerations will then inform whether the UK will opt in to the new systems.
On migration, the presidency will update on progress and the way forward on managing Mediterranean migration to build upon the concerted efforts across the EU last year which saw a marked reduction in the number of flows arriving in Europe in 2017. The UK supports the proposals as they align with our “whole of route” approach, which seeks to intervene at every stage of the migrant journey to reduce illegal migration and promote safe and orderly migration. I will be highlighting recent UK efforts in this space, including our record on resettlement having now resettled over 10,000 vulnerable refugees who have fled the Syrian crisis since 2014 as part of our commitment to resettle 20,000 refugees by 2020.
Justice day (9 March) will begin with a discussion on whether the recast of the Brussels lla regulation should include a provision that obliges member states to ensure central authorities have sufficient financial and human resources to fulfil their role. The Government support adequate resourcing of central authorities, but do not believe that a provision to that effect should be included in the proposal, as such matters should be for member states to decide.
A general approach will be sought for the proposed directive on combating fraud and counterfeiting of non-cash means of payment, which aims to address the shortfalls of existing EU legislation in addressing the challenges in this area from organised crime. The UK has not opted in to this directive.
The presidency will give an update on the preparatory steps needed to be taken to ensure that the European Public Prosecutor’s Office (EPPO) becomes operational in 2020. As the UK will not be participating in the EPPO, we will not intervene on this item.
The Commission will then provide an update on its work to improve law enforcement access to cross-border e-evidence. We expect the Commission to propose a legislative proposal in this area in March. The Government recognise that this is an important issue to address but we want to ensure that the proposals do not duplicate any of the existing or proposed EU legislation or other international agreements in this space and that they do not jeopardise the existing practical co-operation we have with communication service providers.
The working lunch will discuss radicalisation in prisons. This is an opportunity to highlight the UK’s approach to counter-terrorism and counter-extremism in prisons, and our commitment to working closely with our European partners to respond to common challenges in this area.
In addition to the substantive agenda items, the Commission will present to Justice Ministers its recommendation on illegal content on online platforms and its impact on the work under the code of conduct on countering illegal hate speech.
[HCWS520]
Intimidation in Public Life Review: Government Response
(6 years, 9 months ago)
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The Prime Minister (Mrs Theresa May)
Today, I am pleased we are laying before both Houses the Government’s response to the 17th report of the Committee on Standards in Public Life on intimidation in public life.
In July 2017, I asked the independent Committee on Standards in Public Life to undertake a review into the issue of abuse and intimidation experienced by parliamentary candidates, including those who stood in the 2017 general election campaign. Concerns were highlighted by those across the political spectrum. The Committee published a comprehensive report in December.
The Government would like to again thank the Committee for their considered and thorough report. Today we publish the Government's response to the report, which addresses the roles of the main players—Government, social media, the law, policing and prosecution, and political parties—and the range of actions the Government will take in both the immediate and longer-term.
It is not just politicians who have experienced unwarranted abuse—it has included journalists and other prominent figures in public life. Everyone deserves to be treated with tolerance and respect, and the British liberties of freedom of speech and freedom of association must always operate within the law. All those in public life need to demonstrate their opposition to intimidation and call it out, and report it when they see it. We must all work together to combat this issue.
[HCWS521]
House of Lords
European Union (Withdrawal) Bill
Wednesday 7th March 2018
(6 years, 9 months ago)
Lords ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-V(b) Amendment for Committee, supplementary to the fifth marshalled list (PDF, 55KB) - (7 Mar 2018)
Lord Foulkes of Cumnock
Lord Foulkes of Cumnock (Lab)
My Lords, in moving Amendment 49 I shall speak also to Amendment 52. I read the other day that the two most disbelieved statements are, “The cheque is in the post” and, “I am from the Government and I am here to help you”. Here is another one: this amendment is designed to be helpful to the Government, and I hope they will genuinely believe that. It seeks to formalise the agreement reached in December 2017 in the UK/EU joint report in relation to EU citizens and their ability to refer cases to the CJEU.
Clause 6(1)(b) states that, “A court or tribunal”,
“cannot refer any matter to the European Court on or after exit day”.
However, paragraph 38 of the joint report agreed by the UK Government last December states:
“This Part of the Agreement establishes rights for citizens following on from those established in Union law during the UK’s membership of the European Union; the CJEU is the ultimate arbiter of the interpretation of Union law. In the context of the application or interpretation of those rights, UK courts shall therefore have due regard to relevant decisions of the CJEU after the specified date. The Agreement should also establish a mechanism enabling UK courts or tribunals to decide, having had due regard to whether relevant case-law exists, to ask the CJEU questions of interpretation of those rights where they consider that a CJEU ruling on the question is necessary for the UK court or tribunal to be able to give judgment in a case before it. This mechanism should be available for UK courts or tribunals for litigation brought within 8 years from the date of application of the citizens’ rights Part”.
We are not taking away any powers from the courts or tribunals. They decide whether to seek advice, and when they get it they then decide whether to take account of it. It does not in any way undermine the principles the Government have adduced for withdrawal. I hope, therefore, that this is helpful. All I am suggesting is that the joint agreement the UK Government have put their name to should be incorporated into the Bill, and I have helpfully provided an amendment to enable them to do that.
I also draw the Minister’s attention to the draft withdrawal agreement presented on 28 February by Michel Barnier to the Brexit Steering Group. I refer specifically to Article 83, which states:
“Where in a case before a court or tribunal in the United Kingdom a question is raised concerning the interpretation of the Treaties or the validity or interpretation of acts of the institutions, bodies, offices or agencies of the Union relating to facts that occurred before the end of the transition period and where that court or tribunal considers that a decision on that question is necessary to enable it to give judgment in that case, it may request the Court of Justice of the European Union to give a preliminary ruling on that question in accordance with the procedural requirements laid down in Article 267 TFEU. The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings on such requests”.
Do Her Majesty’s Government agree to that proposal by Monsieur Barnier in the draft withdrawal agreement and do they plan to amend the Bill accordingly?
Lord Forsyth of Drumlean (Con)
How would the noble Lord’s proposed new provision work in the event of there being no agreement and is he not anticipating the terms of an agreement?
Lord Foulkes of Cumnock
As I understand it, all that we include depends on there being an agreement. It is not just my amendment; it is the whole legislation. I beg to move.
Lord Liddle (Lab)
My Lords, I fully support my noble friend’s decision to raise these questions, which are very important. I suspect the Minister will say that the Government have given a commitment that, when the withdrawal agreement is concluded, it will become before this House an Act of Parliament and we will therefore have the opportunity to debate it then. However, there are two powerful reasons why citizens’ rights should be incorporated in this Bill now.
The first is the high level of anxiety that EU citizens have about their position. I am sure there is relief that, in principle, an agreement was reached in December, but there could still be many a slip between cup and lip in its ratification. Those citizens’ rights should be guaranteed now to provide reassurance.
Secondly, I listened hard to an earlier contribution from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, in which he said that the main utility of this Bill is to make sure there is legal certainty if we crash out of the EU—because, assuming that negotiations work, there will be a transition period during which EU citizens’ rights will not be affected. The problem we are dealing with particularly in this Bill is the risk of a crash-out. Of course, the Government will say to us, “Well, we’re very determined there won’t be a crash-out”, but they will not exclude that possibility. It was clear from the intervention at the end of my noble friend Lord Foulkes’ speech that the noble Lord, Lord Forsyth, actually relishes the possibility of a crash-out because he thinks, wrongly, that this is some bargaining leverage we have over the EU.
Lord Liddle
I will give way in a moment.
The question is whether we want the rights of EU citizens to be used by the likes of the noble Lord, Lord Forsyth, as a bargaining chip in these negotiations. If we do not, then we should support amendments along the lines of that in the name of my noble friends Lord Foulkes and Lord Adonis, to give people the security to which they are entitled.
Lord Forsyth of Drumlean
I am most grateful to the noble Lord, but he must not put words into my mouth. I simply asked a straightforward question as to what the position would be if this amendment were carried in the event of no deal. Clearly, it would create enormous confusion. There is the separate issue of why we should allow extraterritorial jurisdiction on the part of a foreign court, but I was not embarking on that particular argument. If this is the best the noble Lord can do to support the amendment, I am sure he will support the noble Lord, Lord Foulkes, in withdrawing it in due course.
Lord Liddle
The noble Lord, Lord Forsyth, is clearly saying that he thinks there is a real possibility we are going to crash out of the EU. We have heard that from him on other occasions and from people who agree with him. David Davis wrote to Conservative MPs to say that it was a possibility that we would not pay up the money unless we got a good free trade agreement. The fact is that any deal is better than no deal: no deal would be an absolute disaster for this country. But if there is a serious risk of no deal from Members of the governing party—I am sure the Government do not want that but there is pressure in that quarter—I believe we would be right in this Bill to guarantee the rights of EU citizens living in this country.
Lord Hamilton of Epsom (Con)
The noble Lord said that we seem to be able to crash out and to have no deal as a bargaining chip. Surely, we either crash out or we have no deal as a bargaining chip—we cannot have both.
Lord Liddle
The point I am focusing on is that this is our opportunity to guarantee the rights of EU citizens in the event of there being no deal.
Lord Cormack (Con)
My Lords, I deeply regret and resent the fact that we are having to discuss this and waste the House’s time. We had an opportunity at the beginning of the day to make an unequivocal declaration that we would grant these rights to EU citizens. We voted in that sense, a number of us spoke in that sense and we had a large majority in that sense. Yet here we are, arguing. Frankly, I agree that the amendment is necessary, but we are now arguing unnecessarily about something we could have taken the moral high ground over and dealt with immediately after we had activated Article 50. It is indicative of the mess into which we have got ourselves, and we are taking up so much parliamentary time that should be devoted to other things. I bitterly resent it and wanted to get that on the record.
Lord Wallace of Tankerness (LD)
My Lords, as someone who is a co-signatory of the amendment that was moved by the noble Lord, Lord Foulkes of Cumnock, I support what he said and also endorse what the noble Lord, Lord Cormack, said. This should be a no-brainer.
The United Kingdom Government have agreed with the European Union; the terms of that agreement were set out in paragraph 38 of the document of 8 December 2017, and the noble Lord, Lord Foulkes, has spoken them into the record. If one goes back to paragraph 33 of the same document, it is interesting to read that:
“It is of paramount importance to both Parties to give as much certainty as possible to UK citizens living in the EU and EU citizens living in the UK about their future rights. The Parties have therefore reached agreement on the following specific set of arrangements to implement and enforce the citizens’ rights Part of the agreement”.
Admittedly, a later paragraph suggests that the bestowing of or guarantee of rights will come in the withdrawal agreement implementation Bill, but if one reads the paragraph on the consistent interpretation of citizens’ rights, one will see that there is no such commitment there with regard to a future Bill. It would not be right for this Parliament to pass a Bill which cuts off recourse to the Court of Justice of the European Union when we have already agreed that that avenue should be open in this specific case of ensuring consistency in determining the rights of EU citizens living in the United Kingdom and UK citizens living in the European Union.
I say to the noble Lord, Lord Forsyth, that if at the end of the day there is no agreement and we go crashing out, surely he is not suggesting that we would not honour our commitment. We have made that commitment to European Union citizens living in the United Kingdom and United Kingdom citizens living in the European Union. It must send some very alarming signs to UK citizens living abroad if it is suggested that, should we go crashing out, nothing will be done to establish or secure the rights of those citizens—
Lord Adonis (Lab)
Did the noble and learned Lord notice that in the Prime Minister’s Statement on Monday, she specifically mentioned that the United Kingdom might seek to achieve associate membership of certain European agencies? She said that,
“the UK would also have to respect the remit of the ECJ in that regard”.—[Official Report, Commons, 05/3/18; col. 26.]
Now that the Government themselves have recognised that there will be a continuing role for the European Court of Justice, is this not an absolutely appropriate further role that it should play?
Lord Wallace of Tankerness
It is not only appropriate as a further role but one we have already agreed to. As the noble Lord, Lord Cormack, said, on many occasions noble Lords from all sides of the House have spoken about securing the rights of EU citizens in the United Kingdom and UK citizens in the European Union. This amendment fleshes that out and it would be wrong to pass a Bill which denied something we have already agreed.
Baroness Prosser (Lab)
My Lords, I support my noble friend Lord Foulkes and I will speak to Amendment 54, which stands in my name. I will not detain noble Lords for long because much of what I intended to say has already been said and covered. Agreement on the wording of this amendment has been expressed by various Benches in this House, so this is not simply a one-sided argument. It seems to me that this country’s reputation globally will simply go down the Suwannee if we are prepared, at one moment, to say that we agree to certain protections for people who have become embroiled in this dreadful situation in which we find ourselves and then, a moment later, decide that, no, we do not agree with that and will not give those protections. What will people think of us as a nation if that is how the leadership of this country behaves?
My amendment would extend the requirement for certain persons to be able to refer their legal matters back to the European Court of Justice to a period of eight years. I trust that noble Lords will understand the need for such an extension. There is a statute of limitations existing for six years; if we do not include a period of coverage, people whose claims may well start quite late after the leaving date may well find themselves without that coverage, which I hope will be agreed.
Lord Wigley (PC)
My Lords, I have put my name to Amendment 52, which was spoken to by the noble Lord, Lord Foulkes, and I support his comments and those made by the noble and learned Lord, Lord Wallace, and the noble Lord, Lord Cormack, a moment ago. I wish to place the amendment within its context, which is EU citizenship—the citizenship of people resident in the United Kingdom, and on the European mainland. These comments are particularly relevant in the context of the interventions of the noble Lords, Lord Forsyth and Lord Liddle, a moment ago.
I am a European; that is my identity. I am Welsh; that is my nationality and, as noted on my European passport, I am a citizen of the United Kingdom. I have rights and obligations under each of these three headings. Some of those rights are protected by international law, some by European law, some by UK law and some by Welsh law. Taking established rights away from a citizen is a very serious matter. Citizens are protected in generality against any negative impact upon them that may arise from taking some of these rights away from them.
There is clearly a wide range of such rights but I shall refer to only one. Page 32 of my passport states that if you need consular assistance when you are outside the EU in a country where there is no British embassy or consulate, you can get help from the embassy or consulate of another member state of the EU. That is a right that I have today but which I may lose as a result of the UK leaving the EU. In other words, Brexit may be taking away from me a right that I currently have by virtue of being a European citizen. This is one of many rights that we have as citizens living within the EU. For those rights to be meaningful, there clearly has to be a process of redress whereby a citizen can seek to protect his or her rights through the courts, and in this context Amendment 52 is highly relevant as it would allow citizens to pursue their rights in the European courts after exit day, where that is relevant.
Lord Dykes (CB)
The noble Lord is making an extremely good speech with which I agree, so I am sorry to break in. He referred to being a citizen of the UK. Under Maastricht, he is also a citizen of the EU. Is he aware that the ECJ is beginning to receive many messages from British citizens, both here and living in other EU countries, asking for the ECJ to consider giving protection to them even post-Brexit if necessary?
Lord Wigley
I am very grateful to the noble Lord, Lord Dykes, for his helpful intervention. We are all European citizens; it is a European passport that we carry at the moment. Some of our rights are enshrined in the context of Europe, some in the context of the UK and some—in my case, as I mentioned a moment ago—in the context of Wales.
I am not going to speak at length to this amendment because there are several noble Lords who will speak with greater authority on the legal positions involved. However, I want to use the principles underpinning the rights of citizens in the EU to say a brief word about EU citizenship in a broader context: the rights afforded to us at present as citizens of the EU and the status of those rights once we leave. These matters are highly germane to the amendments before us—and they will not go away.
Baroness Altmann (Con)
I want to present to the Committee an observation: according to the December agreement reached by the Prime Minister, citizens of Northern Ireland will still be EU citizens after we leave. I am not sure where that leaves the rights of everyone else in the UK.
Lord Wigley
I am grateful to the noble Baroness for introducing that point; I was going to move on to it a little later but I shall do so now. Northern Ireland creates a precedent, if the undertakings that have been reported are indeed carried out. It is a part of a union of countries that may be retaining its rights after the other parts of the UK may lose theirs. Of course, there is a precedent in the context of Ireland: people in the Irish Republic maintained many of the rights relating to the UK that they previously enjoyed after the Republic was formed, and for many people those rights continue up to today. As the noble Baroness has said, many of the rights relating to the EU of citizens of Northern Ireland may well continue after Brexit. If it is possible to negotiate such rights for some of the citizens of the UK, why cannot such rights be ongoing for all its citizens?
Lord Cormack
Do we not have a particular responsibility for the smallest group of citizens for which this Government have responsibility—namely those living in Gibraltar?
Lord Wigley
I am sure we shall come on to the position of Gibraltar in greater detail at another time. In many ways this parallels the issues that arise in the context of Northern Ireland. If a solution to Northern Ireland were enshrined which allowed the free movement of people and goods across the border, that might well solve the problem of Gibraltar as well. We need to bear in mind our responsibilities to Gibraltar and to get an amicable settlement which would be acceptable in the European context, and therefore acceptable to Spain as well as to the people of Gibraltar. I am grateful to the noble Lord, Lord Cormack, for raising this.
I want to use the principles underpinning the rights of citizens in the UK to say a brief word about citizenship in the broader context and about the rights afforded to us at present as citizens of the EU, as well as the status of these rights once we leave. These matters are highly germane to the amendments before us. Incidentally, there is an Opposition Day debate in the House of Commons this afternoon, initiated by my Plaid Cymru colleagues, on this precise topic.
By pursuing what may become a no-deal Brexit, the UK Government would, in effect, strip—at least potentially—our citizens of some of their rights. Our rights to travel, live and work across Europe will be curtailed. Our children’s rights—
Baroness McIntosh of Pickering (Con)
I am grateful to the noble Lord. Currently, a British lawyer, dentist or doctor can practise in any other European country. There is a reciprocal right for nationals of other EU countries to practise here. We are losing dentists and doctors because of the certification process which will be subject to negotiation on the basis of mutual recognition. Is this right, which could be curtailed, justiciable under his amendment?
Lord Wigley
Of course, this amendment provides a mechanism to create a redress for people who feel that they are losing these rights. It may not be the only mechanism available. There may be provisions under international law, which I shall mention before I close. It is not only our rights that are being curtailed but the rights of our children—the right to study in any of the other 27 countries across the EU may well be lost. It is questionable whether, in the context of these rights, we shall thereafter be able to call ourselves European in the full meaning of the word. I am a European. I am a Welsh European and no Government should be able to take away from me or from any citizen of these islands their right to their European identity, nor any of the practical rights they currently hold by virtue of that identity.
It is by virtue of their de facto European citizenship that the citizens of these islands currently have recourse to the European court. Stripping people of their citizenship against their will is illegal under international law. I have tabled another amendment which explores the retention of EU citizenship. I hope this will be debated at a later stage. Suffice it to say, at this stage we need these amendments to safeguard the position of people facing such a serious threat after Brexit. I am delighted to support the noble Lord, Lord Foulkes.
The Earl of Clancarty (CB)
My Lords, of particular interest to me in this Bill is the way in which ordinary people would be most directly affected by leaving the EU. I have tabled Amendment 210, which asks the Government to support retention of European citizenship where the individual British citizen wishes to do so. Although not explicitly stated in the amendment, it would also cover those who had not yet acquired European citizenship at the time of Brexit. I am grateful for the support of the noble Baroness, Lady Humphreys, and the noble Lords, Lord Judd and Lord Davies of Stamford.
The importance of European citizenship and the effect of its loss at the individual level has not been sufficiently considered or explored, either before or in the 20 months since the referendum. Nevertheless, its retention has been consistently advocated by Guy Verhofstadt, the European Parliament’s representative on Brexit. Last year, it was the subject of a paper by Volker Roeben, then professor of international law at Swansea University, for Plaid Cymru MEP, Jill Evans. From the Government’s point of view, a useful conclusion of this paper was a belief in the feasibility of an associate citizenship, if citizenship rights were to be extinguished after Brexit. Roeben’s belief that this should be so was given some traction following the submission last month of a request to the European Court of Justice for a preliminary ruling in the case brought by British residents of Amsterdam. It is early days yet, but it is worth noting, in the context of my amendment, this statement from the judgment:
“Once legally acquired, EU citizenship is an independent source of rights and obligations that cannot be simply reduced or affected by actions of a national government”.
The loss of European citizenship would not just adversely affect the British abroad and, indeed, European citizens in the UK, but every British person living in the UK. Following the referral to the ECJ, QC Jolyon Maugham, supporter of those who brought the case in the Netherlands, made a particular point of saying that the final outcome of this case would have implications for residents of the UK as much as those abroad. The loss would be of all those rights that EU citizenship embodies, both in terms of the principle of that citizenship—the loss of identity that many would feel deeply, and which cannot be overestimated—and the very real practical concerns about rights and opportunities that would be lost or compromised, including being able to freely travel, work, study and raise a family abroad.
This is likely to have the greatest effect on young people living in the UK—an effect with no silver lining and which can only register negatively, as a loss. At the level of the individual citizen, it is not replaced by anything. European citizenship is additional to British citizenship, and that is the reality, whatever the outcome of the case begun in Amsterdam. As Sunday’s Observer editorial responding to Theresa May’s speech, but which might just as well have been referring to the potential loss of citizenship, put it:
“It was a defeat for young people, British and European, who, more so than older generations, will perforce inhabit an ugly new world of harder borders, work permits, bureaucracy and pervasive state intrusion”.
The referendum notwithstanding, many British people, both abroad and in this country, are angry that they should be stripped of their European citizenship without their own individual consent. For all these reasons, a Brexit that does not allow the retention of individual European citizenship for those who wish to retain that citizenship is a hard Brexit—more than that, it is a brutal Brexit, whatever the outcome on the wider national scale in terms of any trade deals.
What is being asked for in this amendment is very simple, and the precedent already exists, as this is no different from the dual citizenships that some in this House possess. The amendment asks only for the continuing acknowledgement of that additional citizenship. Do we now wish to start stripping people of all citizenships that are not British—for example, Australian, Canadian, American, Indian, Chinese? The list goes on.
At the level of the individual, the only solution that would be realistic or fair is that the 52%—or whatever the figure is now—may hand in their European passports and renounce their European citizenship, and the 48% retain theirs. The reality, of course, would be quite different. We have heard in the news about noted leavers who have bought, or are buying, EU citizenship as we speak. As I am sure others in this House do, I know of those who voted leave who, in circumstances where they are lucky enough to do so, are applying for European citizenship for themselves and/or their children, sometimes through having a husband or wife who is an EU citizen. Hypocritical? Of course it is, but it is also testament to the significance and desirability of retaining that citizenship and the real loss involved, with those who are lucky or rich enough becoming the first-class citizens of tomorrow, when previously it was an entirely equal arrangement for all of us.
The loss of European citizenship will in itself create an unequal society within the UK. Look too at Northern Ireland, as has been remarked upon: all those born there—about 89% of that country—will retain European citizenship, further turning the rest of us in the UK, in effect, into second-class citizens. Of course, I am not suggesting that Irish citizenship be given up. Late last year, Theresa May gave her agreement to an understanding that goes back to 1917 and that was rightly confirmed in the Good Friday agreement. Better, surely, that all of us who wish to should be able to retain our individual European citizenship. The Minister may say that that offer is not on the table, but a Government and a Parliament that really want to bring this country back together and heal the divisions would take the initiative and put it on the table. That is the right course of action, and I hope that the Government accept this amendment.
Lord Green of Deddington (CB)
I will stay away from the law on this, but when it comes to travel and so on to the EU, is there not a discussion to be had, the likelihood being that most people—unless they are going to work there—will be able to move around Europe without a visa? If I may say so, it is therefore not quite as disastrous as the noble Earl suggests.
The Earl of Clancarty
I am not sure that is the case at all. It is very likely that visas will be introduced.
Baroness Ludford (LD)
It may well be that we benefit from a visa waiver but it is also likely that we will have to apply for what is often called a “visa lite”, which similar to the United States’ ESTA. The EU is bringing in something called ETIAS and for most people it will not amount to a big difference: you have to go online, pay a fee and answer lots of questions about health, criminal background and so on. We may not require a visa but we will need a “visa lite”, so it will not be hassle-free.
The Earl of Clancarty
Absolutely. Whatever happens, we will be at a disadvantage to everyone else in Europe and that is really significant.
Lord Judd (Lab)
My Lords, I support the amendment. When this whole matter originally came before the House, we had the firm assurance from the Front Bench opposite and the strong assurance from the Prime Minister that this was to be a top-priority issue in their considerations of our future. As the noble Lord, Lord Cormack, said so powerfully, here we are, way down the road, and we have made no progress whatever.
The reason why I feel so strongly and passionately about this issue is that I fear that we are demeaning and undermining the whole concept of citizenship. Citizenship is something that people have fought for and struggled for centuries to establish. There are thousands and thousands of people from Britain in Europe. I declare an interest: in my extended family I have family members living in Europe and family members living in this country who are married to Poles, Czechs and so on, and it is a very rich experience. Such people have gone to Europe in the confidence of citizenship and all it has meant historically—to make new lives and build their future in the knowledge that they have citizenship of Europe.
Do we or do we not stand by the concept of citizenship? If we do, how can we contemplate any future in which we have not absolutely guaranteed that people have their rights of citizenship? My noble friend referred to anxiety being out there, and it certainly is. We are talking about men, women and children; about the futures of people who are working; about vulnerable people who have reached old age in the context of what they believed was European security—about real human situations. We need firm, unequivocal assurances from the Government that we believe not just in the right of citizenship, but in the whole concept of citizenship that has been established across Europe in our history. We want cast-iron guarantees that, in one way or another, that is going to be fulfilled.
Lord Haskel (Lab)
My Lords, I shall speak to Amendment 211, which is in my name and deals with our rights but in a slightly different way. It would ensure that after withdrawal, our rights and protections remain intact by maintaining the standards at home and at work that we have come to expect in our daily life as part of our normal existence, and that those standards would not be sacrificed or lowered in any future negotiations.
I tabled this amendment some weeks ago and was pleased to see it reflected in the Prime Minister’s speech last Friday and in her Statement on Monday, when she spoke of maintaining current standards in some sectors. My amendment calls for them to be maintained in all sectors, because we cannot pick and choose where our quality of life is concerned. Even Monsieur Barnier seems to agree, and in his recent draft document he speaks of equivalent standards.
Lord Forsyth of Drumlean
I am most grateful to the noble Lord and I understand the point he is making about international standards and international bodies. However, the effect of his amendment is, surely, that the British Parliament would be tied, in future, to decisions made by the European Union and the European court. Why does he not trust this Parliament to set regulations that are appropriate for the standards for our own people?
Lord Haskel
I do trust Britain to set its own standards, I just do not want to see them lowered. I am concerned that they will be lowered because of trade negotiations and the give and take that will go on in negotiating withdrawal.
Lord Forsyth of Drumlean
On that point, why does the noble Lord not think it possible that we might set higher standards, as for example we have done in respect of paternity rights and other matters?
Lord Haskel
I would very much welcome setting higher standards and am sure that all noble Lords would do so. My concern is that we should not lower them, because that is one of the rights we should not be giving away.
Lord Newby (LD)
My Lords, does the noble Lord agree that in her speech last week, the Prime Minister said that she wished us to retain an association with the European Medicines Agency, the European Chemicals Agency, and the European Aviation Safety Agency, specifically to mirror 100% every standard that they set? The noble Lord, Lord Forsyth, says that we still have a choice. No—if we are associate members of those bodies, not only do we not have a choice but we agree that we are bound by the decisions of the European Court. The Prime Minister set out very clearly how damaging it would be were we not to be members of those bodies, and therefore why we should retain membership of them.
Lord Haskel
The noble Lord is absolutely right and in a later amendment, I will call on the Government to set up institutions which would not accept the European standard but enforce our standards—institutions that are independent of the Government. The importance of independence is illustrated by the fact that the main reason why Ministers are doing something about poor air quality in some of our cities is the risk of fines or legal action from the EU, possibly through the European Court of Justice.
As other noble Lords have observed, we are now being less doctrinaire about the European Court of Justice. Being doctrinaire is the reason why we do not want EU standards because of the possibilities of disputes being settled by the European Court of Justice. But many institutions which enforce these standards have their own systems of settling disputes, and these systems have stood the test of time. So whatever the outcome of our withdrawal negotiations, a major concern for Ministers must be the disruption to our way of life and to trade. This amendment would go some way towards helping Ministers to deal with this concern and I look forward to the Minister’s reply.
Baroness Ludford
My Lords, I shall speak to Amendment 202, which is in the name of my noble friend Lady Smith of Newnham, who is unfortunately unable to attend because of illness. It is also in my name and that of my noble friend Lord Roberts of Llandudno and the noble Lord, Lord Judd. Before going on, I fully agree with what has been said in this debate about the need to retain EU citizenship for us all, and about the hypocrisy of some of those who supported and continue to support leave, but who have somehow managed to acquire a passport of an EU member state, such as Malta. That enables them to continue enjoying the benefits which they are quite happy to deprive the rest of us of.
Amendment 202 calls on the Government,
“to maintain, preserve and protect the rights of”,
EU citizens in the UK. I therefore very much agree with the remarks of the noble Lord, Lord Cormack, about the fact that that has not been done. We are seeking a guarantee that existing rights will remain unchanged. The Government have had the opportunity in the last 21 months to give a unilateral guarantee that existing rights would be retained. They were invited to do so by the EU Select Committee, in a report produced under the chairmanship of the noble Baroness, Lady Kennedy of The Shaws—I had the pleasure to serve on that sub-committee—but have not done so. They also had the opportunity to try to ring-fence the discussion about citizens’ rights from all the other matters being discussed within the withdrawal agreements but, unfortunately, they have not done that.
EU citizens resident in this country and British citizens resident in the EU 27 have indeed been used as bargaining chips. That has led to great distress for many of the 5 million affected citizens, who live in a state of anxiety and limbo that was not helped by the words of the Prime Minister in her speech to the Conservative Party in October 2016 about “citizens of nowhere”. She has now resiled from that kind of terminology, but unfortunately the damage has been done in that the tone is somehow one of, “You do not belong here if you have multiple allegiances. It is not good enough to be a contributing and responsible person in this country”. The Government still have a chance to offer unilateral guarantees and I invite the Minister to tell us today that he is going to ignore the mire into which all of this has become embroiled and just give a straightforward guarantee.
Many ambiguities and gaps still exist in the current state of play over the discussions about settled status. Some of the issues are being taken up in correspondence with Home Office Ministers on the part of the EU Select Committee. The problem is that settled status is not the retention of the same rights and protections that EU law currently confers on people; it is based on UK immigration law and has all the features of that law, including the hostile environment that is currently being created. People will have to apply for settled status. It will not just be a question of carryover or cut and paste—they will have to apply. Apparently, the Home Office expects the vast majority of cases to be granted, although that begs the question of which ones will not be granted to people who are currently resident here.
Lord Green of Deddington
Will the noble Baroness explain how we could possibly deal with several million people unless we invite them to apply?
Baroness Ludford
There could be a simple declaratory process. If any parliamentarians in this Chamber have ever had to deal with the Home Office on behalf of one of their constituents, as I did when I was an MEP, they will know what a happy—or otherwise—process that is. Something simple and declaratory such as going to the local town hall could be worked out. It should be light touch: a declaration of existing residence. That is quite different from having to apply to the Home Office.
The fear has been expressed on behalf of the group, the 3 million, that perhaps around 10% of people might fall through the cracks because their application is rejected or because they do not apply. Some people are not very aware of what is going on in the law or they do not have access to computers and so on. There is no legal presumption in favour of granting settled status to all residents who are legally living here before exit day, which begs another question. Perhaps the Minister could explain to us what exactly is going to happen to those people who arrive during the transition period. That, of course, is something the Prime Minister has conceded, in that they will have a status, but it is slightly unclear how it is going to work.
There has also been no clarification of the continuation of all the individual economic rights and recognition of qualifications that EU citizens currently enjoy and, as I have said, no guarantee that the registration will be simple and light touch. There is supposed to be a digital application system. Can the Minister tell us exactly where we are in the construction of that system? We all know that IT projects, in particular Home Office IT projects, have a habit of becoming problematic. Moreover, the backstop to all this is that the European Parliament will have to approve the withdrawal agreement, including the conditions for EU citizens. I note that Mr Verhofstadt tweeted yesterday,
“the European Parliament expects a cost free and burden free registration process”.
It wants to ensure that there is no discrimination between EU citizens and British citizens, which of course raises the question: are the Government planning to introduce ID cards by the back door in order to say that we are all being treated the same?
There are many holes and gaps that the Home Office is still unable to answer questions on. I do not have time to cover them all but I would like to ask about comprehensive sickness insurance—the requirement that people have private medical insurance—because very mixed messages are being given about it. The position of the European Commission has always been that if people are allowed to use the NHS, that amounts to comprehensive sickness insurance under the directive. It started legal action but that has apparently not progressed.
Lord Green of Deddington
I am very puzzled as to how any of this is relevant to the Bill we are discussing. Does the noble Baroness not understand that this kind of stuff, which is being repeated time and again, is actually doing more harm than good? It is raising issues for people who do not face them. It is quite clear that the maximum is being done to help people qualify for residence in the UK. We could not do more than we have done. Frankly, this is just making trouble.
Baroness Ludford
It is highly relevant to whether people are being guaranteed their existing rights to legally reside in this country. I am quite surprised that the noble Lord thinks it is not relevant to an amendment that is about maintaining and guaranteeing the existing rights of EU citizens. The confusion is caused by the Home Office’s lack of clarity, not by me.
I end on that note. I would like some answers from the Minister to these detailed questions and many others.
Lord Mackay of Clashfern (Con)
My Lords, I want to make two short points. The first is that the precedent of giving rights in other countries when there is a separation is set up very well by the arrangements between ourselves and the Republic of Ireland in relation to Irish citizens and their rights in our country, which are guaranteed by statute in a number of cases.
Secondly, on the idea that we have to refer all these matters to the European court, anyone who reads the judgments of our courts from day to day will realise that the fairness they exhibit towards foreign citizens is of the highest possible standard. I know of no country in the world and no court in the world that succeeds in getting a higher standard; there are others that have an equally high standard, but I know of none that has a higher one. It would be a most retrograde step for this House to do anything that suggested to people in Europe that they could not get justice from the courts of this country.
Lord Foulkes of Cumnock
Just to clarify, my amendment does not suggest that—quite the reverse. It would be the British court or the British tribunal that took the decision whether or not to refer such matters to the CJEU. It would still be the decision of a UK court.
Lord Mackay of Clashfern
I think that is meant to be an intervention, because I have not quite finished. The situation is that the British courts, the Supreme Court in particular, have discretion to look at any judgment that they wish, and to raise any question they wish in these judgments. There is nothing in the present Bill that impedes that, except in respect of questions of European law, because the courts themselves, and the members of the Supreme Court, have been anxious that if they paid too much attention to the European court after Brexit, they might be accused of being involved in politics. They have sought a direction from Parliament on this matter, and that has been attempted, and I hope it is successful.
I personally do not share the animosity that exists in some quarters towards the European Court of Justice. It is over 30 years now since I often appeared before them, and I have nothing but praise for the way in which they do things. They do things very differently to us. There are far fewer oral hearings—at least, there were when I did it, which was a long time ago. There is much less oral pleading than there is in our courts. Actually, our courts have moved slightly in that direction in recent years, since I was last involved with them—and in some cases quite far in that direction.
The respect I have for the European Court is of the highest order, but I do think there is a difficulty because, after Brexit, no judges or advocates-general of the British Bar will be members of the court or advocates-general in the court. That is an important factor to be taken into account in the arrangements. I am not part of the negotiations—I have nothing to do with them—but I do believe that that point has to be taken into account. There is a usual rule that the people administering justice are the people who are in accordance with the arrangements between states. International courts, for example, may not have representatives from all the states that appear before them, but there is a question to be considered in that connection, because the Court of Justice referred to in the amendment will not be the Court of Justice as it is now.
Lord Hope of Craighead (CB)
My Lords, I would like to intervene, following what the noble and learned Lord, Lord Mackay, has said, and referring to the amendment that was moved by the noble Lord, Lord Foulkes of Cumnock. One of the problems I have faced since looking at this Bill, is trying to find hard examples of situations in which the Supreme Court would wish to refer a matter to the European Court of Justice.
There is a very good example reported in Monday’s Times of a case called SM (Algeria) (Appellant) v Entry Clearance Officer. I will take a moment to explain what the case is about, because it is a good example of citizens’ rights. SM was a little girl, who was placed into the legal guardianship of EU citizens, who happened to be in Algeria. The question concerned her position in coming to the United Kingdom as a member of that family under the Immigration (European Economic Area Regulations) 2006. Merely referring to those regulations reminds us that they would become, as I understand the position, retained EU law under Clause 2 of the Bill.
The problem arose because the court saw that the regulation had been transposing wording from a directive, which is the normal way in which these things work, but the transposition was inaccurate. This is a situation I have encountered before—it happens from time to time. The question is how to deal with the inaccuracy. The inaccuracy was that while our regulation talked about “family member”—somebody who was put into the legal guardianship of a couple, would normally be regarded as a member of the family—the directive was talking about “direct descendants”, and she was not a direct descendant, because she was not actually related, in that sense, to the people who had become her guardians. In order to resolve that problem, the court found it necessary to refer the matter to the European Court of Justice—which it did on Monday. That was under the existing position.
In resolving the point raised by the noble Lord, Lord Foulkes, it may help to ask how that matter would be handled after exit day. I may be wrong, but my understanding is that it would be for the Supreme Court to resolve the issue itself. The directive would come into EU retained law under Clause 3, so we would have both pieces of legislation to look at. I think that the court, having regard particularly to the way in which we had translated the directive, would give great weight to our own language and regard this little girl as part of the family and therefore entitled to take the benefit of the regulation.
In explaining the situation, I hope I have not made it too complicated, but it is a good example of citizens’ rights, accorded by our own regulations, giving effect to EU law. There must be very many in the corpus of regulations which forms part of EU law. It comes back to the point made by the noble and learned Lord, Lord Mackay of Clashfern. The Supreme Court looks very carefully at the interests of children and would accord every weight to the normal rules about the priority given to the interests of the child in construing the regulation in a sense that fits with our own language. I should have thought that, after exit day, the question of referring the matter to the European Court of Justice simply would not arise because the court would be capable of resolving the issue itself without being bound by the problem of having to refer something which was not that clear. If I may use the English expression, it was not crystal clear; therefore they were bound to refer. Under the situation after exit day, any superior court will be fully able to resolve the problems of interpretation that arise. Will the Minister confirm that, in this situation, there would be no need for a reference because our courts would be able to deal with it perfectly properly, looking at the language of our own regulations, despite the problem that might have arisen in translating them from the directive into English?
Lord Wallace of Tankerness
I am grateful to the noble and learned Lord. The point made by the noble Lord, Lord Foulkes, in moving this amendment— I referred to it myself—was that, as part of the agreement that was struck between the United Kingdom and the European institutions in December, provision was made to,
“establish a mechanism enabling UK courts or tribunals to decide, having had due regard to whether relevant case-law exists, to ask the CJEU questions of interpretation of those rights where they consider that a CJEU ruling on the question is necessary for the UK court or tribunal to be able to give judgment in a case before it”.
So it is not a case of questioning the ability of the Supreme Court. We have entered into an agreement which says that there must be an opportunity or a mechanism to refer to the Court of Justice of the European Union. How does the noble and learned Lord see the mechanism for giving effect to what the United Kingdom Government have agreed?
Lord Hope of Craighead
I have listened with great care to what the noble and learned Lord has said but I cannot look into the future. I do not know what is going to happen as a result. We just have to look at the present situation. There are two factors to bear in mind. As far as the UK is concerned, for people looking to come here, an immense amount of citizens’ rights are guaranteed already under the regulations which implement directives. We ought not to lose sight of that. Secondly, problems of interpretation because of conflicts between the wording of the directive and our transposition of it, give rise to some doubt. Under the existing position, there is an obligation to refer which will not be present after exit day. This is a different situation with which I believe our courts will be able to cope perfectly well.
Lord Forsyth of Drumlean
Before the noble and learned Lord sits down, in summary, was he saying that the amendment of the noble Lord, Lord Foulkes, is completely unnecessary?
Lord Hope of Craighead
With great respect, I would not put it in that way. It has given me an opportunity to bring forward an example which I am hoping the Minister will be able to comment on. The noble Lord has raised an important point. We all care about citizens’ rights. I hope I have drawn attention to the context in which one looks at the amendment. It is a well-crafted amendment to which the Minister may have an answer along the lines I have suggested.
Lord Roberts of Llandudno (LD)
My Lords, I speak not as a lawyer—I find it difficult to follow some of these legal arguments—but as a grandfather to seven grandchildren, each of whom was born into European citizenship after the treaty of Maastricht. They are just representative of the more than 18 million others who were born since that treaty was signed. If the Bill were to go through unamended, we would withdraw rights and hopes given to them during the past 25 years. What moral right do we have to do this?
If I spoke today in favour of this Bill, what would I say to Haf, Osian, Manon, Megan, Reuben—I am trying to remember their names—Ianto and Aiden? They would say, “Taid”—which is Welsh for grandfather—“why did you not oppose this? Why did you not oppose the loss of all these freedoms and the availability we had in the previous time? You didn’t do a thing”. I am not the only grandfather in this room; I am not the only grandparent in this room. If a grandparent can vote to withdraw rights that have been cherished by their grandchildren, they are doing a tremendous disservice. To the various concessions in travel, in education and in so many other ways that we get as members of the European Union there will now be barriers, and it will be because we went along with the Bill—I would nearly call it an insane Bill—to withdraw these rights from those who have cherished them and used them during the past 25 years. We were able to choose to be members of the European Union; they were not. They were born into British citizenship; they were born into European citizenship, and, as my friend, the noble Lord, Lord Wigley, said, they were born into Welsh citizenship. We cannot withdraw these things. It is a blind way of treating the future generation.
That is all that I will say at this point. Seriously, we have no right. How will the Minister defend the withdrawal of such rights from 18 million citizens? We should remember that only 17 million people voted to leave; we are talking here about 18 million. How on earth can the Minister defend such a move?
Baroness Jones of Moulsecoomb (GP)
My Lords, I support the amendments. I speak not as a grandmother, although I am one, but as somebody who not only voted for Brexit but campaigned for it. Therefore, I carry quite a heavy burden to help ensure that we get the best outcomes for people living in our country.
When voting to leave, no one voted to lose their rights. The amendments would ensure that the Government safeguarded the rights and protections of people as we negotiate leaving the EU. It has been hard to get much sense out of the Government about their plans for Brexit. The default message is to refer to the Prime Minister's Florence speech or Lancaster House speech, but platitudes about “getting the best deal” or “making Brexit a success” simply are not enough to guarantee that our Government do not risk undermining our basic rights and protections during the Brexit negotiations.
The Government seem unable to agree on many of the big issues and it is unclear who is in charge. In the absence of principled, clear leadership, Parliament must take the reins and do what is right for the majority of people. The amendments would protect both British citizens and EU citizens, people who have built their lives around the opportunities given to them by EU membership. They would force the Government to stop abusing our rights as a political bargaining chip. There should never have been any question over the rights of EU citizens living in this country, but our Government insisted on using our basic rights as part of their struggle to gain bargaining power in negotiations.
It is often conceived by supporters of remaining in the EU that the main motivation for Brexit is a narrow-minded, nasty little racist attitude which blames all our country’s problems on foreigners. I could not be further away from that world view, although I believe that some of the Brexiteers—I have some names here but will not read them out—and others have a lot to answer for in the way that they used migrants as scapegoats for the very real destruction that our own Government have cast upon our society with their slash-and-burn austerity measures. The Government sowed the seeds for a lot of the division and anger that prevail in our country.
I celebrate migrants and migration. Humans have always moved around as we seek opportunities and form new communities. It is an essential part of what it means to be human and without migration we would probably be stuck in isolated little groups, still using flint tools and eating with our fingers. Instead, humans have done the most astonishing things and we have all gained enormously from the massive cultural and technological growth that results from humans meeting humans and sharing ideas, cultures, stories and lifestyles. These amendments would do what is absolutely right and fair. They are about breaking Brexit away from those who espouse anti-immigrant views and saying that Brexit is about being more open, tolerant and diverse than ever before. A Brexit that cannot achieve that is not a Brexit worth having and not one that I will support.
Baroness D'Souza (CB)
My Lords, if there is to be a commitment to the highest standards of protection of citizens’ rights—I go back to the amendment tabled by the noble Lord, Lord Haskel—this would presumably include the European Charter of Fundamental Rights. But the Bill suggests that we omit that charter, so can the Minister say what would be the mechanism by which those charter rights would be guaranteed for EU citizens who remain resident in the UK?
Lord Adonis
My Lords, Amendments 160 and 170 are in my name and they would prevent regulations being made under Clause 9 if they,
“remove, reduce or … amend the rights of”,
an EU citizen,
“lawfully resident in the United Kingdom on any day before 30 March 2019”,
or until such time as Her Majesty’s Government have signed a reciprocal agreement with the European Union on the rights of citizens post-March 2019.
The issue here is simple. It is about giving legal effect to the assurance, which the Prime Minister has repeatedly given since Article 50 was invoked, that the rights of European citizens who are currently resident in the United Kingdom will be respected. The Prime Minister said in her October 2017 email to EU citizens not only, “I couldn’t be clearer”—actually, most of the Prime Minister’s statements which are not clear begin with “I want to be clear that”. She said she could not be clearer that,
“EU citizens … lawfully in the UK … will be able to stay”.
She also said:
“When we started this process, some accused us of treating EU nationals as bargaining chips. Nothing could have been further from the truth”.
If nothing could be further from the truth, why has Parliament not been invited by the Government immediately to give legal effect to the rights of EU citizens resident in this country? It is a very simple issue. The reason why it has not happened is precisely that the Government do want to use EU citizens as bargaining chips. Saying that they do not, when all the evidence is that they do, does not, I am afraid, cut the mustard at all.
The noble Baroness, Lady Ludford, also raised a crucial issue, which I hope the Minister will address. What is to happen to EU citizens who come here during the transition? We all know what the Minister will say: that it all depends upon the agreement. When the Prime Minister brings that agreement down with her tablets of stone, whether that happens in October, November, December or January, it will have to include a precise set of legal commitments on what is to happen in the transition. The only point I make in respect of that, which I hope the Minister might address in his remarks, draws very much on what the noble Lord, Lord Roberts of Llandudno, and the noble Earl, Lord Clancarty, said: that this is a really shabby way of presenting this country abroad.
Let us be clear. People across the world, including people whom we want to work in our National Health Service and make a big contribution to this country, are having to make decisions as we deliberate on whether they can come to this country from the end of March next year. Quite soon, that will be a matter not of months but of days in which they will have to make these decisions.
I am sure that the noble and learned Lord will claim that we are open and that we welcome them coming here. The noble Baroness, Lady Jones of Moulsecoomb, made what I thought was an excellent speech in favour of remaining in the European Union because we would embrace all the rights set out in the treaties. How is it that we can look at people straight and say to them, “This is a great place to come and live. We are going to maintain your rights, but even now, we are not prepared to tell you what those rights will be in a year’s time”? This country is presenting a terrible face to the world. Frankly, I am ashamed of the position our Parliament is adopting towards the rights of existing EU citizens, who still do not have those rights enshrined in law, and of those we are seeking to attract to this country from the end of next March.
As the whole Brexit project starts to disintegrate, nothing is undermining its moral foundations more than our inability as a Parliament—and, indeed, the noble and learned Lord’s Government—to give firm legal undertakings in respect of people who are resident in this country and came here in good faith.
Baroness Hamwee (LD)
My Lords, does the noble Lord agree that the issue is important not only to those who might be thinking of coming here, but to the people living here now? It is perfectly clear that their confidence has been undermined and they are showing that by voting with their feet. They are leaving jobs which are important to the whole of our society. The longer this debate goes on, having started from a position of, “Let us be clear: no rights will be taken away”, the less confident many people feel about their future.
Before I finish, perhaps I may say that I am grateful to the noble Lord, Lord Cormack, who also got off my chest a lot of the things I feel about this issue.
Lord Adonis
Perhaps I may respond to the noble Baroness and make one further brief point. The noble and learned Lord, Lord Mackay of Clashfern, said that we should be proud of our courts and the work they do. I entirely agree with him; however, we are told time and again—indeed, it is part of the argument for Brexit—that our courts are of course subservient to Parliament. They implement and give judgments on the laws that are passed by Parliament, which has still not guaranteed the rights of European Union citizens resident in this country. Moreover, because it is not being invited to do so by the Government, at the moment it will not make any declaration about those rights after the end of March next year. That, I believe, is shameful.
Baroness Hayter of Kentish Town (Lab)
My Lords, I want to concentrate on the last point made by my noble friend Lord Adonis and on the arguments made, particularly on Amendments 49 and 52, by my noble friend Lord Foulkes and the noble and learned Lord, Lord Wallace of Tankerness. I do so because the bit that is so critical is implementing what in December the Prime Minister said would be on offer to EU citizens already living here and which we need to put into law. That is an absolute priority and a priority for this Committee.
As we have heard, there is a particular need, because of what the Prime Minister agreed to in December, for the Government to rethink their blanket refusal to allow access to or take heed of the Court of Justice of the European Union within this Bill. It has been written out of the Bill precisely because of the draft withdrawal agreement—it is called a report, not an agreement—produced in December. As drafted, that document will allow access to what I still call the ECJ for EU citizens resident here for another eight years, which is why that is mentioned in the amendment. It would fulfil the undertaking written into the report last December with regard to their rights.
It was suggested in one of the meetings I had with a Minister—I cannot remember who—that everything is fine: we should not worry because it will be put into law by repealing parts of the Bill before us more or less as soon as Her Majesty’s ink is dry on Royal Assent. That is one way of dealing with it, and I gather the idea is that we pass this Bill and then start amending it. But to me, that seems a little weird, given that this Bill is before us now and can be amended in the way required by the December agreement so that we get it correct now. That would provide certainty and would ensure that it is in the correct form—I am sure that if the wording is not quite right, the noble and learned Lord can correct it. It would mean that it is done in good time and not at a rush after October or whenever everything else is settled.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, I am pleased to be able—I use that term advisedly—to respond to the issues raised in the context of these amendments. Given the scope of the contributions, I will perhaps begin by touching on one or two points that have been made by noble Lords in the debate.
The noble Lord, Lord Foulkes, referred to the content of the joint report and quoted, among other things, the phrase,
“the Agreement should also establish”.
The noble and learned Lord, Lord Wallace of Tankerness, did likewise, and referred to the passage about the bestowal of rights that will come with the conclusion of the withdrawal agreement. The noble Lord, Lord Haskel, referred to Michel Barnier’s recent draft—quite accurately, if I may say so. The noble Baroness, Lady Ludford, pointed out that the European Parliament will have to agree to the terms of any withdrawal agreement. That is self-evident.
In other words, these matters are prospective. Why are they prospective? I do not want to be overly technical, and I do not believe that I will be, but we begin with the duality principle of our law. That means that we enter into international obligations at the level of international law and they have no direct impact on our domestic law. For example, the withdrawal agreement will be an international treaty entered into by the Executive. We then implement or bring the rights and obligations of that international treaty into domestic law by way of domestic legislation of this Parliament. That is the duality principle: you have international law and you have domestic law, and you can only have the domestic law once you have the international treaty, because it is from the international treaty rights and obligations that you allow the domestic rights and obligations to be brought into our domestic law. What we have at the present time is a joint report from December of last year. We acknowledge that.
Lord Keen of Elie
It is not yet a treaty, if I can anticipate the noble Lord, Lord Foulkes, because the position of the EU has been, quite rightly, that there is no agreement until everything is agreed. This has been a staged process. We believe that it is important that we were able to achieve the first stage and that we were able to achieve consensus. It is perhaps better to use the word “consensus” here rather than “agreement”, which can be confusing and sometimes misleading. We have achieved consensus in a number of important areas and, as we carry that forward, we proceed into the negotiation of what will be an international treaty.
As we have said before, once we have that international treaty, we can then draw down from the rights and obligations of that international treaty into domestic law by virtue of the fact that we will bring forward a withdrawal agreement Bill for scrutiny by this Parliament.
Lord Adonis
Can the noble and learned Lord explain to the House the difference between consensus and agreement?
Lord Keen of Elie
One has to be careful in the matter of language. We are at one with regard to the first part of what we want to do in the context of withdrawal, but we do not yet have an agreement that is binding in law with the other EU 27. For example, going forward, and during the subsequent negotiations, the EU may come and go as to the terms of the joint report. Indeed, we saw some indications of that when it came out with its draft recently, where issue was taken with the way in which it expressed some aspects of the joint report, particularly with regard to Northern Ireland. I appreciate that, if you want to construe the term “consensus” in that way, it involves “agreement”. The reason why I am trying to move away from “agreement” is that some see the word and infer that there is some legally binding concept. That is not yet what we have. We have a joint report and, therefore, we have consensus. We are moving on to the overall negotiations on what will ultimately be an international treaty.
Baroness Hayter of Kentish Town
We all hope that this agreement, or whatever word it is, is fixed soon, but it could be quite late. We may not have the withdrawal Bill until sometime next year and it could be that we are due to leave a month or so afterwards. This part of the Bill affects individuals more than businesses and they will not know whether they can go to court until it is fixed—we may not get Royal Assent until a month or two before we leave. Is that really a good way to treat individuals?
Lord Keen of Elie
With respect to the noble Baroness, businesses affect individuals, so it is not appropriate to try to draw a distinction between citizens’ rights and businesses in that context. The right to work involves the right to maintain a business in various countries; you cannot simply draw them apart in that way. As regards regards timing, of course we are concerned to ensure that we achieve a withdrawal agreement sooner rather than later. That is why these negotiations are under way. If perchance no agreement is achieved—and I am not aware of anyone who wishes this, although others will perhaps assert the contrary—we will have to look at how we then deal with matters in the absence of that international agreement.
Lord Wallace of Tankerness
I am grateful to the noble and learned Lord and I hear what he is saying about the duality principle. Can he conceive of any circumstances in which the consensus reached between the United Kingdom and the European Union on the way in which we should treat EU citizens in the United Kingdom and United Kingdom citizens in the EU would not be taken forward or would fall apart? Can he see any circumstances where that might happen?
Lord Keen of Elie
At the present time, no, but we are only now undertaking the detailed negotiation of the withdrawal agreement. It may be, for example, that the situation of UK citizens in Europe will alter during the course of those negotiations. It may be that the European Parliament will take a different view on how the rights and interests of those UK citizens in Europe should be approached. The noble and learned Lord will recall that, at an earlier stage, there were some suggestions that the rights of UK citizens in Europe would be limited to the member state in which they were resident at the time of exit. There are all sorts of possibilities and I am not going to indulge in an analysis of those possibilities—we are concerned with achieving certainty. We have achieved, by way of the joint report in December, an expression of joint opinion about where we are going, with regard not only to the rights of EU citizens in the United Kingdom but also to the rights of UK citizens in the EU. Of course we want to bring that in to the final withdrawal agreement, in order that we can then draw it down and implement it in domestic law.
Lord Cormack
My noble and learned friend is being very honest with the Committee, but in a way that gives me some cause for alarm. He has made it absolutely plain that, at the moment, there is no guarantee. Would it still be possible—I believe that it would—for this Government to give and enact in Parliament a guarantee such as this House voted for at the time of the debates on the Article 50 Bill?
Lord Keen of Elie
With respect, no, my Lords, because we are not in a position to guarantee that which has been arrived at in terms of the joint report. For example, we cannot by ourselves guarantee the rights of UK citizens in Europe. To try to dissect the joint report and say, “We’ll take one piece out and leave another piece in”, is not a way forward in the context of an ongoing international-level negotiation. It is not the way in which this Government would proceed in that context.
Baroness McIntosh of Pickering
My noble and learned friend is talking in the context of this being an international treaty that has to be transposed into UK law, but surely the amendment addresses the issue of the supremacy of European Union law, which citizens of the EU currently rely on when they live in this country. I thought that the purpose of the amendment was to make sure that those rights continued to exist and would be clarified. That is all that we asking in the Committee today.
Lord Keen of Elie
With great respect to the noble Baroness, I think that I must respond to my noble friend Lady McIntosh.
Again, that argument rather misses the point, because what we have at the moment is a belief on the basis of the joint report that rights of EU citizens in the UK may be referred to the Court of Justice of the European Union after Brexit, but that is not finalised; it is not yet contained in an international treaty agreement.
Baroness Ludford
We have always understood that we cannot unilaterally guarantee in the context of what is now happening an agreement of two parties. What was said from the very beginning, immediately after the referendum, was, “Give a unilateral guarantee and then we can with almost 100% certainty expect full reciprocity”. That was always what was suggested.
Lord Keen of Elie
With respect to the noble Baroness—who I think invited me to drop all the mire; I am not sure what I am supposed to do about that—the expectation of reciprocity is something that we hope to achieve during the negotiation, and that is ongoing.
Lord Keen of Elie
Perhaps I may make a little progress.
The noble Baroness, Lady Ludford, also raised the question of settled status. We are intent on putting in place provision for settled status, which can be done pursuant to regulations made under the immigration legislation, in particular the Immigration Act 1971. We plan to open that application process on a voluntary basis in late 2018 in order that people may begin on it. The noble Baroness suggested that it was inappropriate to have an application process and went on to suggest a light-touch process. I suggest that we have an efficient and effective process from the perspective both of the applicant and of those who have to process it.
The noble Baroness also raised the question of arrivals during the implementation period and the need during the implementation period for those arrivals to register. Again, the final outcome as to the rights and obligations of those who arrive during the implementation period will be the subject of negotiation. We hope to take that forward in due course.
Lord Wigley
I am grateful to the noble and learned Lord and I am following what he is saying. Is he in fact confirming that there will be two classes of citizen in Northern Ireland: those who hold Irish citizenship as well and will be able, if there is a border, to cross it totally freely and thus into the rest of Europe, and a second class of UK citizens in Northern Ireland who will not be able to do so?
Lord Keen of Elie
No, my Lords, there will not be two classes of citizens. Let us take a simple example. If I hold USA citizenship and UK citizenship, I can pass between the UK and the USA because I am a citizen of both countries. If I am a citizen of the UK and a citizen of the Republic of Ireland, I can pass between the two countries because I am a citizen of each state. It is not a case of classification; it is simply a matter of status.
Lord Foulkes of Cumnock
Will the noble and learned Lord clarify a point raised earlier by the noble Lord, Lord Wigley? What is the position of citizens in Gibraltar?
Lord Keen of Elie
Gibraltar is an overseas territory whose people hold UK citizenship. However, if they do not retain citizenship of another EU country after Brexit, they will not be EU citizens.
Lord Foulkes of Cumnock
As I understand it, they can get a Spanish passport if they so wish, although I do not think that many of them do. Will they continue to be citizens of the United Kingdom and will they be eligible also to get EU citizenship?
Lord Keen of Elie
This seems to confuse a number of different issues because the parallels are the same as those in the Republic of Ireland and Northern Ireland. If you are a UK citizen in Gibraltar and you are also entitled to apply for and be granted citizenship of Spain, you will then hold dual nationality or dual citizenship, and as a citizen of Spain, for as long as it remains a member state of the EU, you will enjoy the right to EU citizenship. It is no different from the position in Northern Ireland and the Republic of Ireland. In the same way, the noble Baroness, Lady Ludford—perhaps referring to something she may have read in the Daily Mail—talked about people applying for citizenship of Malta in order to ensure they can maintain EU citizenship. This is how it happens, but the fundamental point is that you cannot be a citizen of the EU unless you are a citizen of a member state. That is written into the treaties.
It may appear—and it will almost certainly appear to the Chief Whip—that I have digressed slightly from some of the amendments; he will be watching. I just seek to touch on some of them. I hope I covered in my opening remarks some of the points made. Amendments 160 and 170 were tabled by the noble Lord, Lord Adonis, and Amendment 202 by the noble Baroness, Lady Smith of Newnham. Unfortunately, she was not here to speak to it, but it was referred to. As I have indicated, at the end of the day, we will have to conclude the negotiations in respect of the withdrawal agreement treaty and then draw it down into our domestic law. Tying Clause 9 to a particular outcome is not going to assist that.
The noble Earl, Lord Clancarty, moved Amendment 210. Again, I hope I have set out the Government’s position on this. We appreciate what we have achieved by way of the joint report, and we go on to the detailed negotiations in the hope it will effectively mean that we can confirm in domestic law not only the rights of EU citizens in the United Kingdom, but the right of UK citizens in the EU.
The noble Lord, Lord Haskel, moved Amendment 211, which details a requirement to keep equivalence with the EU on rights and protections. Again, this is prospective. We are addressing it in the course of negotiations and we hope to achieve it in many respects. In my view and in the view of the Government, it would not be appropriate to bring this into our domestic law.
Finally, we have Amendments 49 and 52, which I hope I have gone some way to addressing so far. The Bill aims to provide a stable and certain domestic statute book on exit day. That is its point, irrespective of the result of the negotiations and of any final agreement with the EU. Of course, once we achieve a final agreement, we fully appreciate that we are going to have to draw it down into our domestic law. Parliament will have an opportunity to scrutinise it.
Lord Liddle
If, as I am sure we both do not want, the withdrawal agreement is not reached, what then happens to EU citizens’ rights? Do we not have the opportunity now to guarantee them, whatever the case?
Lord Keen of Elie
With respect, if there were no agreement, then it would be for this sovereign Parliament to decide what it was going to do about that in domestic law. We have already made clear expressions of intent as regards their status. There is an issue here of time and place. While I understand the expressions of concern that we have heard from across the House, this is not the time and this Bill is not the place for these amendments. In these circumstances, I invite noble Lords not to press them.
Lord Patten of Barnes
I wonder if I could put one point to the noble and learned Lord before he sits down. As ever, what he said was intellectually lucid and stimulating. I just want to jog back to what he said about consensus and agreement. It is a very important distinction and I am sure it will be interesting to all his ministerial colleagues in the Foreign and Commonwealth Office and to diplomats around the world. How does this distinction translate into other languages? Does he think that our interlocutors in Brussels regard what we appeared to accept in December as a consensus or as an agreement? Does he think that they will now be quite relaxed if we walk away from some of what was a consensus because it was not an agreement? I should like to be a little clearer on this. It is going to be very important as we go through this debate when we are told that things are part of a consensus and not part of an agreement. If, with his usual intellectual authority, he could explain that to naive, one-time make-believe diplomats like me, I should be grateful.
Lord Keen of Elie
I am most obliged to the noble Lord, if only for the compliment. As I sought to explain, we have the joint report and we have embraced it. We go on now to the next stage of negotiation. I used the term “consensus”, perhaps ill advisedly, to underline the point that we have not yet signed a binding agreement in international law—we have not yet achieved a treaty. We strive to achieve a treaty, and in striving to achieve that treaty we have in mind what we have already achieved in the joint report. But we acknowledge, as the EU itself has noted, that we have not yet placed that in the form of a treaty that is binding in international law. Until we do that, we do not draw it down into domestic law.
Lord Adonis
Does the noble and learned Lord envisage that Her Majesty’s Government might resile from any of the commitments they gave in the consensus they reached at the end of last year?
Lord Keen of Elie
I do not even imagine that Her Majesty’s Government would wish to do anything of the sort.
Lord Foulkes of Cumnock
My Lords, one of my comrades, if I may use that word in this place, commented that I was unduly brief in my introduction—or perhaps it was unusually brief; it was one or the other. That was because I stuck precisely to the terms of my amendment. The debate, however, has gone much wider than that. We have heard some powerful, passionate pleas on behalf of the rights of European Union citizens. We have heard them from colleagues on all sides of the House, and it is important to note that it is not just the opposition parties arguing this: support has come from the Cross Benches and from the Conservative Benches.
One of the ironies is that if European Union citizens has been given the right to vote in the referendum—they are taxpayers: “no taxation without representation”—as they were in the Scottish referendum, we would not now be going through this tortuous procedure. We would be getting on with running the country, looking after education, health, justice and all the things we should be doing as the sovereign Parliament.
My noble friend Lady Prosser put it very well: the reputation of the United Kingdom is at stake in all the matters that we are looking at today. The arguments put forward by my colleagues on behalf of all the amendments in the group were very powerful.
Lord Bilimoria (CB)
I thank the noble Lord for giving way. Could he add that European Union citizens will be allowed to vote in the forthcoming council elections in May?
Lord Foulkes of Cumnock
Indeed, and as I understand it, if I read the Evening Standard right, they are going to send a very strong message as far as London is concerned about what they think of this Government.
I conclude by saying that I wish I was learned as well as noble, like the noble and learned Lord, Lord Keen, because I would then be able to understand some of the detail rather more precisely.
Lord Adonis
Before my noble friend concludes, does he share my concern about what the Minister said about the difference between “consensus” and “agreement”? Does he agree that that is quite a significant statement on the part of the Government in the course of this debate? The only point in making the distinction, as I understand it, is that the Government do not regard themselves as fully committed to the terms of the “agreement” of last December.
Lord Keen of Elie
It is unusual for me to intervene, but I feel that if the noble Lord is going to make statements, he should make them accurately. If he is going to represent what a Minister has said, he should do so accurately. The distinction I drew was between an agreement that was now binding in international law and an agreement that was not now binding in international law. I hope the noble Lord’s recollection coincides with mine. If it does not, could he perhaps consult Hansard?
Lord Foulkes of Cumnock
It is a very interesting point, and the noble Lord, Lord Patten, highlighted it in his intervention. I wish that while he was speaking I had been able to translate “consensus” and “agreement” into Spanish, French, German, Italian, Portuguese, Welsh and so on to see whether there is a coincidence between one and the other. No doubt that is something that we can return to.
The Minister finished by saying that there is a time and a place, and that this is not the right time and not the right place for these amendments. There will be many more times and this will be the right place, and I look forward to speaking to the rights of European—
Lord Kerr of Kinlochard (CB)
Does the noble Lord agree that although on the legalities we have heard an extremely lucid explanation that in my view nobody could disagree with, delivered with all the noble and learned Lord’s customary charm, what we have not heard is any indication that anybody is aware of the reality in the outside world: that these people are choosing to go home? The people we need are going back because the Government are not giving them an assurance. These people believe that we agreed something in November. What we are seeing now in this intellectually fascinating legal debate is a total betrayal of their belief that we had agreed something. The pace at which people move away from this country—people who we need—will speed up if we do not get this right.
Lord Foulkes of Cumnock
I am obliged to the noble Lord, Lord Kerr of Kinlochard, for pointing out that although the Minister has all the legality behind him, perhaps his argument is lacking in humanity. It is humanity that the European Union citizens deserve, not the legality that we have heard.
I was about to conclude by saying that this may not be the right time but it is certainly the right place. I look forward to returning to this, and I know that many noble Lords who have spoken do also, to argue and to fight for the rights of not just UK citizens on the continent, who matter as well, but the European Union citizens who have given so much to this country over the years and continue to do so.
Lord Mackay of Clashfern
It is worth pointing out that these citizens have existing rights by law in this country, and that will remain the case until these provisions are repealed, if and when they are.
Lord Foulkes of Cumnock
The noble and learned Lord is a distinguished lawyer and had great distinction as the Lord Chancellor. Perhaps he can explain to the European Union citizens in Scotland, where he and I both live, why they were allowed to vote in the Scottish referendum but not in the European Union referendum. Many of them have asked me but I do not have the intellect or ability to answer them; perhaps the noble and learned Lord can.
Lord Mackay of Clashfern
That does not appear to be entirely relevant to the present debate and it is a bit late anyway. I had very little to do with the formulation of the franchise.
Lord Foulkes of Cumnock
I think now it would be appropriate for me to beg leave to withdraw my amendment.
Lord Bassam of Brighton
Lord Bassam of Brighton (Lab)
My Lords, I rather hope that the modest amendments in my name do not take the House two hours to deliberate over. They focus on a narrow set of issues relating to pending cases.
Amendment 62 would allow our domestic courts, subject to the terms of the withdrawal or transitional agreement, to refer cases to the CJEU after exit day if the course of action arose before exit day. Amendment 61 would require the Government to obtain from the CJEU and then publish a list of pending cases referred to domestic courts before exit day. Amendment 64 changes the definition of retained EU case law to include case law relating to pending cases referred to the CJEU before exit day.
These amendments were drawn from the Constitution Committee’s excellent report on the Bill and essentially aim to deal with two issues: first, pending cases in domestic courts that might have been referred to the CJEU and, secondly, pending cases already lodged with the CJEU before exit day. In the first instance I am really asking for the Government’s assurance that, in any withdrawal or transition agreement, they will seek to clarify whether domestic courts can continue to make reference to the CJEU in relation to cases that began before exit day. I can see that there has to be a cut-off point for references but it is the timing of that point which concerns me. What criteria will Ministers apply and how will these be written into the agreement in such a way as to guarantee, and not undermine, procedural fairness and access to justice?
It may seem that this is a small or insignificant matter but, given the wide range of issues that the court considers, I think not. After all, it looks at everything from trademarks to intellectual property rights, workplace rights and even the distribution of EU funds. Given that cases started before the Prime Minister triggered Article 50 are likely to be treated differently from those which followed it, it is surely important that principles of fairness and consistency enter into any agreement which the Government can sign.
The second type of pending cases, dealt with in Amendment 64, will be those that are already with the CJEU. In another place, the Solicitor-General argued that these cases would simply continue. That is fine as far as it goes but, as the Constitution Committee pointed out, the Government intend to provide for these pending cases to be covered in the withdrawal agreement and implementation Bill. But what happens to those cases if there is no deal? Would it not make sense to have a saving provision in the Bill saying simply that any case that is with the CJEU is determined to be treated as contributing to pre-exit case law, and in turn forms part of retained EU case law?
The Constitution Committee’s proposal that the Government should produce a list of cases on exit day that would be treated in this way made very good sense. To my way of thinking, that is a logical way of handling quite a complex set of legal issues, which are obviously well beyond my sort of competence as a non-lawyer. However, I hope that the Minister can satisfy my curiosity and set out how the Government intend to proceed. I also hope that he can satisfy the Constitution Committee, which I thought had a rather neat solution to the problem. Pending cases are of great value and will be of great interest to colleagues. I am hopeful that the Government can satisfy my simple concerns and provide us with an explanation that works. I fear that we will otherwise end up with something of a case law muddle. I beg to move.
Lord Goldsmith (Lab)
My noble friend is absolutely right that this is not a small or insignificant matter. It is an important one with rule-of-law implications. The starting point, as he explained, is his proposed Amendment 62 which, if agreed, would add a new paragraph (6C), the purpose of which would be to encourage the negotiation of an agreement that cases can continue to be referred to the CJEU by our own courts after exit day. That would relate to new cases where the cause of action arose prior to exit day. This is logical because the important point is about whether the full remedies currently available to litigants, potential litigants and, importantly, our courts remain until we leave, while the law of the EU remains in place.
Of course, being able to refer such cases depends on an agreement, the very agreement that my noble friend’s amendment would make it an objective to negotiate. We will not be able to refer cases to the court in Luxembourg after exit day, except by agreement with the EU in such an agreement. But he is also right that there is a risk—although we hope very much that it will not happen—that if we end up without a withdrawal agreement, there would need to be legislation enabling this to continue to take place. So the principle of the amendments seems entirely right, and he is right to say that this was dealt with by the Constitution Committee at paragraphs 150 and 153 of its excellent report.
Perhaps I may refer to what the committee said in paragraph 153, having made the point that my noble friend has identified:
“We recommend that, irrespective of any implementation bill, pending cases are dealt with in the European Union (Withdrawal) Bill. We further recommend that rulings on cases that have been referred to the CJEU before exit day are treated as pre-exit case law—such that they form part of ‘retained EU case law’—and that the Government publishes, on exit day, a list of all such cases”.
The middle part of that, on what the significance is of,
“rulings on cases that have been referred … before exit day”,
is dealt with in a later amendment. But, as he has said, the requirement that the Government should publish a list of all such cases is dealt with in these amendments. He is right to say that the Solicitor-General in another place referred to the importance of knowing, at least as I read his remarks, what those cases are.
It seems that there has to be a justification, although I can see none, for depriving litigants and our courts of the ability to refer cases to the CJEU. It is important that noble Lords are clear on the fact that that does not mean sending cases to the CJEU for it to decide; it is for that court to determine questions of interpretation, as the treaty currently provides, although the interpretation given may in fact then decide the case. Our own courts would then take the interpretation provided by the European court and apply it to the case before them.
I look forward to hearing what the noble Baroness or the noble and learned Lord, depending on who will respond to the debate—forgive me, of course it is the noble Baroness the Minister—will say to my noble friend.
Baroness Goldie (Con)
My Lords, this may have been a short debate but it concerns a significant issue, and I am grateful to the noble Lord, Lord Bassam, and the noble and learned Lord, Lord Goldsmith, for their contributions. I am aware that a key issue of interest in this Committee is how pending cases before the European courts will be resolved, and I hope that I can respond relatively briefly to these amendments in the name of the noble Lord, Lord Bassam.
As was acknowledged in their contributions, the Government have been clear regarding their approach to cases which have been referred to the European courts before exit day and we have made good progress in achieving this outcome in our negotiations with the EU. As such, I applaud the similar concern expressed by the noble Lord that there should be legal certainty in this area. However, as I have said previously, and indeed as my ministerial colleagues have also said, the purpose of this Bill is to provide a functioning statute book on the day we leave the EU, irrespective of the result of the negotiations on any final agreement with the EU.
The Government have been clear throughout the passage of the Bill through this House and the other place that it is not intended in any way to prejudge the negotiations or to predict an agreement between the UK and the EU on their future relationship. For that reason, I would submit that the Bill is not a suitable vehicle for such amendments to take effect. Future legislation will be needed to implement the withdrawal agreement, including the treatment of cases that are pending before the European Court of Justice. That legislation will need to be informed by the precise terms of the agreement. The Government have already committed to introducing a withdrawal agreement and an implementation Bill, but let me try to clarify a couple of the specific points raised.
I think it was the noble and learned Lord, Lord Goldsmith, who in effect asked about the status of a case that has been referred to the European court before exit, but does not proceed to a judgment until after then. The intention is that a case which starts and has been referred to that court before exit would proceed to a judgment, which our courts would be bound by. That is the intention but—let me make this clear—this is pending an agreement with the EU about these issues. In relation to the request of the noble Lord, Lord Bassam, for a list my understanding is that, at the moment, cases registered at the Court of Justice of the European Union are made available online, so after our withdrawal we will have certainty as to how many pending UK cases have been referred to the court.
I apologise to the noble Lord and the noble and learned Lord if I have not specifically addressed some of their concerns. The difficulty, as was made clear in December, is that there is a clear statement of intention made in good faith by the Government, surrounding heads of agreement that have been achieved between the United Kingdom and the EU. But we need to continue with our negotiations to fine tune that, and hopefully then reduce it all to the final agreement. But I cannot pre-empt what may be in the final agreement and I hope that, in these circumstances, the noble Lord, Lord Bassam, will feel able to withdraw his amendment.
Lord Goldsmith
I apologise for not having properly identified the noble Baroness, Lady Goldie, as the Minister responding to this debate. I wonder whether she will allow me to just press one question. She has very helpfully identified the position in relation to pending cases that have started but for which rulings have not been given at the date of exit. These amendments include an additional category of cases, as I understand it, such as cases where the cause of action has arisen prior to exit: for example, where EU law is in place and there is an issue of EU law that a litigant wants to raise but they have not actually started the case at the moment we leave; or where the case has started but a reference has not been made at that stage, because the court does not make a reference until it comes to a particular point in the proceedings. In line with her helpful answer in relation to the category of cases that are pending in the CJEU at the date of exit, does she think the same principle ought to apply, subject to agreement, to cases where the cause of action has arisen before exit or the case has started but not got any further than that? Could she help on that point?
Baroness Goldie
I thank the noble and learned Lord for his point, but I am afraid my response is going to be slightly less encouraging for him. The position of the Government is that we do not agree that new cases should be initiated post exit, even when these refer to pre-exit causes of action, because it would lead to an uncertain environment. It would be impossible to predict for how long the European Court of Justice would continue to issue judgments in respect of the UK. That, in the opinion of the Government, would strike at the underlying purpose of this Bill, which is to try to achieve a snapshot—to use that phrase again—as at the date of exit.
Lord Bassam of Brighton
I am grateful to the Minister for her response. She partly satisfied my concern, but not wholly. I do not really think it is satisfactory that the cases that will be floating around in the ether will be left with the degree of uncertainty that she has suggested may be the case. The fact that the legislation that is going to cover this point will be left until the final Bill—the transition and withdrawal Bill or whatever it is finally called—does not satisfy me greatly. I think that will leave uncertainty for litigants in cases that could be incredibly complicated. I am rather worried that this issue is going to get caught up in the Government’s general dislike for the CJEU. My recollection is that this is one of Theresa May’s red lines: she does not like the CJEU and therefore part of taking back control is getting rid of it. We have got news for the Minister dealing with this: it is going to take the UK some time to extract itself from CJEU processes. The quicker the Government wake up to that fact, the easier it will be for us all to deal with it. In becoming more realistic in their approach to the court, the Government will give some greater certainty as to how we intend to proceed in future.
While I am happy to withdraw my amendment for the moment, I may come back to this at a later stage, because our legal system and litigants require greater certainty. This is not necessarily the small issue I dreamed it might be when I came across it in the Constitution Committee’s excellent report. I am grateful for the debate we have had, but I am not so grateful for the answer. We will probably require a bit more from the Minister at a later stage. I beg leave to withdraw my amendment.
Lord Pannick
“(2) A court or tribunal may regard the decisions of the European Court made on or after exit day to be persuasive.”
Lord Pannick (CB)
My Lords, the two amendments in this group address the important question of the weight, if any, to be given to the judgments of the Court of Justice of the European Union which are delivered after exit day. Amendment 55 is in the names of the noble Lords, Lord Foulkes of Cumnock and Lord Adonis. Amendment 56 is in my name and those of the noble and learned Lords, Lord Goldsmith and Lord Wallace of Tankerness, and the noble Viscount, Lord Hailsham.
Amendment 56 would implement the recommendation of your Lordships’ Constitution Committee at paragraph 142 of our report on the Bill. After exit day, there is no dispute that our courts will make their own judgments on retained EU law. They will not be bound by judgments given by the court of justice after exit day. While judgments given before exit day will bind our courts up to the level of the Supreme Court, those given after exit day will not be binding. But our judges will wish to look at the judgments of the court of justice in Luxembourg delivered after exit day. That is not just because our judges are always interested, and rightly so, in seeing how courts in other jurisdictions address the same or similar issues. The connection here is much stronger. The retained EU law, which our courts will be interpreting, owes its origins to the institutions of the EU and there may be very good reasons for our courts looking carefully at how the court of justice has interpreted after exit day the same or a similar provision.
There are three problems with Clause 6(2) as currently drafted. First, it begins in a negative way by stating that a domestic court “need not have regard” to judgments delivered by the court of justice after exit day. That default position is unhelpful because it may be understood to suggest that our judges should not normally have any regard to post-exit day judgments of the court of justice.
Secondly, the end of Clause 6(2) allows the courts here to have regard to post-exit day judgments of the European court only if our courts consider it “appropriate to do so”. But judges do not look at foreign judgments because it is appropriate to do so; they look abroad for assistance because the foreign judgment is relevant to the issue that they are deciding. The terminology matters here. The use of “appropriate” wrongly suggests that our court will be making a policy choice to have regard to a post-exit day judgment from Luxembourg. Senior members of the judiciary have understandably expressed concern that if Clause 6(2) is left in its current form, the courts will inevitably be criticised for making a policy choice in this context.
I should make it clear that of course I do not speak for the judiciary, but I do speak to them. I can tell the Committee that many senior judges are very concerned about the content of Clause 6(2). Paragraphs 134 and 135 of the report of your Lordships’ Constitution Committee record the evidence that was given by the noble and learned Baroness, Lady Hale, the President of the Supreme Court, and her predecessor, the noble and learned Lord, Lord Neuberger of Abbotsbury, who I am pleased to see in his place today. The concern of the senior judiciary is not that judges should be shielded from criticism or that they are not tough enough to withstand it. The point is that confidence in the rule of law is undermined if judges are seen to be taking sensitive policy decisions that are for Parliament to make. Clause 6 therefore needs to make it much clearer that although our judges are certainly not going to be bound by Luxembourg judgments handed down after exit day, Parliament does intend our judges to have regard to judgments of that court given after exit day where they consider that those judgments are relevant to the issues before our courts.
The third defect of Clause 6(2) as currently drafted is that it suggests that the same principles apply to decisions of “another EU entity or the EU” itself. I am doubtful that there is any need to mention other EU entities or the EU itself, or certainly to compare them with the European court itself.
Amendment 56 seeks to address the issues in a manner which gives much clearer guidance to our courts. It would make it clear that our judges must have regard to a post-exit day judgment of the European court if the domestic court considers it relevant to do so. It would also add that in deciding the significance of any such post-exit day European court judgment, the domestic court should have regard to the terms of any agreement that is reached between the UK and the EU which it considers to be relevant. The terms of the withdrawal agreement, if and when approved by Parliament, will identify the relationship between the UK and the EU post exit day, and that will give considerable guidance to the courts.
I emphasise, however, that at all times under Amendment 56 and indeed under Amendment 55, it will be for the domestic court to decide on the significance, if any, of the Luxembourg judgment. There is no dispute over the fact that our judges will remain in charge in relation to post-exit day judgments. However, Amendment 56 would provide the guidance that they are seeking and which, I suggest, they are entitled to expect. I beg to move.
Lord Foulkes of Cumnock
My Lords, there is little to add to the excellent introduction made to these amendments by the noble Lord, Lord Pannick, except to say that decisions of the other courts which currently have persuasive authority include those of the Judicial Committee of the Privy Council, decisions of higher-level foreign courts, especially in the Commonwealth and other similar jurisdictions, and one that I have a particular interest in, being a member of the Parliamentary Assembly of the Council of Europe; namely, decisions of the European Court of Human Rights, which under the Human Rights Act 1998 must be taken into account by UK courts. It is right that the European Court of Justice should have a similar role and persuasive powers.
Lord Neuberger of Abbotsbury (CB)
My Lords, Clause 6 is concerned with the issue of how the large body of retained EU law is to be interpreted by judges. It is an important issue because it is a fundamental principle that the law should be clear and consistent, but also because the topic could lead to ill-informed political and media attacks on the judges, to which the noble Lord, Lord Pannick, has referred, which would undermine the rule of law at home, the reputation of English law abroad and the consequential attraction of London as a global dispute resolution centre. Your Lordships will no doubt recall one such Brexit-related attack on the judiciary that received worldwide publicity. Clause 6 should be worded with a view to clarifying the law and minimising the risk of such attacks. Quite apart from that, I suggest that we need to think through the implications for the UK legal system and its attraction to others when it comes to developing our own system of retained EU law. I cannot pretend that this issue is easy to resolve but it is an appropriate opportunity to explain the context from a judicial perspective.
At the moment, at any rate, the Government envisage that post-Brexit the UK courts will, at least in general, no longer be subject to the jurisdiction of the ECJ and so will be free to interpret EU law as they see fit. This gives rise to two closely related problems. The first is: what principles of interpretation are to be applied to that retained EU law? Secondly, what use can be made of ECJ case law when carrying out that interpretation exercise?
On the first problem, unlike normal UK legislation, which is generally tightly drawn, EU legislation is relatively loosely drafted, leaving the judges to resolve ambiguities and fill gaps. Some EU legislation is of course drafted on the basis that it will be interpreted to give effect to fundamental EU aims, such as ever closer union and the strengthening of the internal market, which may well be no longer relevant to the UK after Brexit. In providing that general principles of interpretation set out in pre-Brexit ECJ decisions will be applied by UK judges after Brexit, Clause 6(3) in its present form none the less has the effect of maintaining all those interpretive principles, although by virtue of Clause 6(5) it would be open to the Supreme Court to depart from such decisions.
The second, related problem is the use of ECJ case law. In her speech last week, the Prime Minister said that,
“where appropriate, our courts will continue to look at the ECJ’s judgments, as they do for the appropriate jurisprudence of other countries’ courts”,
and added that,
“if, as part of our future partnership, Parliament passes an identical law to an EU law, it may make sense for our courts to look at the appropriate ECJ judgments so that we both interpret those laws consistently”.
That sounds fine but things are not quite so straightforward. The Bill sensibly provides that the UK courts must follow the pre-Brexit decisions of the ECJ although, as I have said, Clause 6(4) states that the Supreme Court can depart from those decisions in the same circumstances as it can depart from its own decisions. By contrast, where there is a post-Brexit ECJ decision, as the noble Lord, Lord Pannick, has explained, Clause 6(2) provides that a court,
“need not have regard to”,
such a decision,
“but may do so if it considers it appropriate”.
That gives precious little guidance to a judge—indeed, as I will mention later, possibly unhelpful guidance from the point of view of the judiciary’s reputation—as to how to approach post-Brexit ECJ decisions.
It has been suggested that a judge could be assisted by the approach that courts have taken when looking for guidance from decisions of courts in other jurisdictions. However, courts in this country normally do this when looking for general principles or when considering the scope of human rights conventions. That is not really a sound analogy because Clause 6(2) would normally apply to a case where a judge was looking at an ECJ decision on the interpretation of specific legislation. It has also been suggested that a judge could get help from cases that have stressed the desirability of UK courts taking account of decisions of overseas courts so as to reach a uniform interpretation, but that does not provide a real analogy either because EU law is unlike those conventions: it is a law of a union from which the UK will have departed because it does not want to have such uniformity, although accepting that it may be desirable in some cases.
As the noble Lord, Lord Pannick, has said, Clause 6(2) in its present form appears to indicate that there is a presumption against following decisions of the ECJ but that judges can follow such judgments in this country if they think it appropriate. That would suggest, as again he says, that judges would be expected to make decisions that were essentially political—in particular, whether to align the UK with an ECJ interpretation against the statutory presumption for policy-type reasons, or to depart from the ECJ interpretation.
Given that pre-Brexit decisions of the ECJ are, sensibly, to be determinative on questions of interpretation, both consistency of approach and the experience of the ECJ as interpreters of EU law support the notion that post-Brexit ECJ decisions should be given the same effect, at least where the retained legislation has not been changed. However, if this is not to be the policy, rather than leaving any new policy to be worked out by the courts, which is the effect of Clause 6(2), there is obvious force in the notion that Parliament should clearly state what the new policy is. Similarly, Clause 6(4) is questionable in providing that the Supreme Court should decide whether to adhere to pre-Brexit ECJ decisions or whether new principles of interpretation should apply, because principles to sustain ever closer union or single market freedoms are no longer relevant interpretative considerations in the UK.
There are various possible solutions that need careful consideration, given that this issue is so important, and I shall present some examples. First, the interpretative approach should follow a policy decision set out either in the amendments to be made to EU legislation under powers granted in the Bill or in the final agreement reached between the UK and the EU, and given formal parliamentary approval. In relation to issues not covered by such arrangements, it could be provided that retained EU law was to be interpreted without any departure from existing principles of interpretation. If that were not an acceptable solution, the courts could be given more specific assistance as to how to interpret legislation, in particular whether or not to continue alignment.
Secondly, as some amendments before your Lordships’ House today indicate, including those that were moved just now, post-Brexit decisions of the ECJ could be regarded as persuasive or it could be provided that UK courts must have regard to them if relevant, and that in determining relevance the court should have regard to any relevant agreement between the EU and the UK. Such formulations would probably be better than the present Clause 6(2) but they do not address all the perceived problems.
Thirdly, Clause 6(2) could be omitted altogether. At the moment, it seems to me that, with respect, the present clause is worse than nothing from the judicial perspective. First, it creates the presumption to which the noble Lord, Lord Pannick, has referred, and secondly it uses the word “appropriate”, which suggests a policy role for the judges. That would leave them more exposed in both what they do and what they may be perceived to be doing.
Fourthly, more specific interpretative guidance could be given, bearing in mind the particular circumstances of Brexit and the particular way in which EU legislation is crafted, so that decisions on differing political issues are not left to the judges. The argument that telling judges how to interpret the law could be a precedent for ordinary parliamentary legislation can arguably at least be met by the point that this is a unique circumstance. It would also have the advantage of providing clarity for the UK’s relationship, including its trading relationship, with the other states of Europe and elsewhere.
I hope these issues and the choices they reflect will be subject to proper scrutiny and discussion. The right solution will not only protect the independence of the judiciary but will demonstrate that decisions of a political nature should not be left to judges, and it will help to achieve the legal clarity that is so important to the rule of law and to the future of this country’s trading and other relationships with the EU and other states.
As I hope I have indicated, I accept that there are no perfect answers. That is unsurprising. The incorporation of pre-Brexit—but only pre-Brexit—EU law into UK law requires a sort of multidimensional Procrustean solution. In so far as the Bill requires the judges to perform the role of Procrustes, Parliament should do all that it can to ensure that the judges do not suffer the fate of Procrustes.
Lord Adonis
The noble and learned Lord has made a number of strong statements to the Committee about the impact, as he regards it, of Clause 6(2) on judicial independence and the reputation of the judiciary. In particular he objects, as did the noble Lord, Lord Pannick, to giving the courts the discretion to reach a judgment on whether it is appropriate to have regard to the European court. Proposed subsection (2B) in Amendment 56 in the name of the noble Lord, Lord Pannick, states:
“In determining the significance of any judgment … the court or tribunal must have regard to the terms of any agreement between the United Kingdom and the EU which it considers relevant”.
To a layman, this clearly involves an exercise of judicial discretion. So why is the judicial discretion in subsection (2B) set out in Amendment 56 potentially any less damaging and likely to be conducive to controversy than the existing Clause 6(2)?
Lord Neuberger of Abbotsbury
I suspect that the noble Lord, Lord Pannick, whose amendment it is, is better placed to answer. My answer would be twofold. First, it specifically tells the judge what to have regard to; it does not leave it completely open. Secondly, it uses a rather more familiar expression, “relevant”. A judge will be able to say, “When construing this, I have looked at the document”—namely, the agreement referred to in subsection (2B)—“to which I am required to have regard. In my view, it tells me to do this or that”. It is specific guidance, albeit indirect specific guidance, through the agreement referred to in subsection (2B), whereas the term “appropriate” leaves it completely open for the judge to decide whether it is appropriate, if I may use that word, to consider matters that he or she is not specifically told to take into account. The judge has to make the decision, “Do I think about x; do I take that into account?” Here, the judge knows what he or she has to take into account because it is spelled out; namely, the agreement.
Lord Hope of Craighead
My Lords, I hesitate to follow the very careful analysis of the noble and learned Lord, Lord Neuberger, but perhaps I can add a few words. We are all trying to find the best way of expressing in clear and simple language, in statutory form, the guidance that the courts and tribunals will need about the interpretation of retained EU law. In particular, Clause 3 is about direct EU legislation which we will be receiving in the language of the directives and regulations to which this clause refers.
The position is fairly clear about judgments or decisions of the CJEU before exit day. That is retained EU case law which is referred to in Clause 6(3) and we are not in any difficulty on that; rather, it is what to do about the future. Had it not been for the concerns expressed by the noble and learned Baroness, Lady Hale, and the noble and learned Lord, Lord Neuberger, about the risk of being criticised for being drawn into areas of policy, I would have been content to see Clause 6(2) deleted and to rely simply on the normal, traditional way in which comparative law is applied by courts up and down the country. I have been doing this ever since I started sitting as a judge. Of course, there are examples outside the particular area we are dealing with here of conventions to which we are a party and which need to be interpreted. One looks at other jurisdictions to see how the language of a convention is interpreted and applied. This is a normal part of our jurisprudence and it would have been enough. However, I recognise the force of the points made in their evidence to the Constitution Committee and today by the noble and learned Lord, Lord Neuberger, and I think that we have to do something to give the guidance for which they are looking.
One should also bear in mind that it will be some time before the Supreme Court handles cases of this kind. We are talking about tribunals as well as courts at every level. I am sure that when the Supreme Court gets hold of the thing, it will be astute enough to give the kind of guidance that one normally gets from the higher courts, but we have to look at the beginning of the process.
On the table at the moment we have Clause 6(2) as it stands and Amendment 56 from the noble Lord, Lord Pannick. I hope that the noble Lord will forgive me when I say that I think his amendment is like the curate’s egg. There are bits of it which I rather like and bits which I would prefer to drop, and the same goes for Clause 6(2). I suggest an amalgamation of the best bits of the amendment in the name of the noble Lord, Lord Pannick, and the best bits of Clause 6(2).
Lord Hope of Craighead
Not at all. It is curing the curate’s egg and producing an acceptable piece of guidance which has the best bits of both, which is what we need to look for. I am not cherry-picking; I am analysing.
Lord Hope of Craighead
No, this is analysis. Let me explain what I would like to do.
I quite like the words of Clause 6(2) as it stands:
“A court or tribunal need not have regard to”,
a judgment or decision given by the European Court on or after the exit day because that fits very well with the way we are looking at the position before exit day. It is certainly true that it is a negative way of putting it, but I regard it as a helpful transition to the new situation. However, I do not like the remainder of Clause 6(2) for the very reasons that the noble Lord, Lord Pannick, explained. That is where I would like to bring in the passages from the latter part of his formula, which are that a court or tribunal may have regard to such judgments or decisions where it considers them relevant for the proper interpretation of retained EU law.
I would take out “appropriate” from Clause 6(2), for reasons that have been referred to already, and would leave out the early part of proposed new subsection (2A) in Amendment 56 where “must” is used. I would prefer “may” to “must”, leaving it to the court to make its own decision regarding whether the matter is relevant.
Lord Foulkes of Cumnock
Would Amendment 55 tabled in my name and that of my noble friend Lord Adonis not deal with the noble and learned Lord’s points?
Lord Hope of Craighead
I am very grateful to the noble Lord and I apologise for not having paid due regard to that formula because the wording is exactly what I am looking for, but I am trying to fit it into the opening words of Clause 6(2). However, it is certainly right; I respectfully suggest that “may” is the right word to use. It is better to add in the bit about,
“where it considers it relevant”,
which is what comes from the noble Lord, Lord Pannick. So one is putting together bits and pieces of thought from various attempts to produce a formula.
Perhaps I may read out again for Hansard’s benefit how I suggest the provision might run: “A court or tribunal need not have regard to a judgment or decision given by the European Court on or after exit day, but it may have regard to it where it considers this relevant for the proper interpretation of retained EU law”. If “may” is used—although the noble Lord, Lord Pannick, will correct me—proposed new subsection (2C) in Amendment 56 will no longer be relevant. I say nothing about subsection (2B) which may have force and value if the court requires guidance as to what to do with the agreement between the United Kingdom and the EU.
I hope that that contribution will give the Minister something else to think about. I think that we all hope that on Report he may be able to come back with a formula which we can all endorse.
Lord Judge (CB)
My Lords, perhaps I may add a few words, simply because of the devoted affection in the Bill for the word “appropriate”. It is larded through the document. Its inappropriateness in this particular context needs to be underlined—I shall come back to it at a later stage under different clauses. It is terribly simple: if something is relevant to a court’s decision, it is likely to be appropriate that the court should look at it. If something is irrelevant to the court’s decision, it cannot possibly be appropriate for the court to look at it. So the term “appropriate” should go.
Lord Faulks (Con)
My Lords, I rather agree that “appropriate” is not particularly desirable. I wonder whether putting “helpful” in Clause 6(2) would more accurately reflect the way that courts generally consider law from other jurisdictions in developing the law—one always invites courts if they find a particular decision to be helpful—whereas I understand that “appropriate” is considered perhaps to have too much of a political charge. However, I do not wholly understand why the noble Lord, Lord Pannick, finds the initial words of Clause 6(2) rather offensive, where it says:
“A court or tribunal need not have regard”.
All that is saying is that they are not obliged to have regard—I do not think it says any more. I personally read no particular charge in it, and I think that the noble and learned Lord, Lord Hope, would agree.
There is something of an irony about these amendments, in that the only way to have real certainty would be to tell the court either to disregard it or to follow it. In a sense, we are dealing with an imperfect situation. We are trying, as the noble and learned Lord, Lord Neuberger, said, to craft something which helps judges by reducing any political element in their decision-making but which—I am sorry to use a political expression—allows our courts to take back control. In order to take back control, I am happy that they should have a great deal of freedom to do so without in any sense involving them in a political decision.
Amendment 56 from the noble Lord, Lord Pannick, and others is of course much longer than the original wording, with three subsections as opposed to one. Respectfully, I say that using words such as “relevant” is only quite helpful, because in any event a court will ignore matters that are irrelevant. I feel similarly about the word “significance”: a court will itself have to decide significance. That of course may offend the political element but, if something is insignificant, the court will disregard it in any event. Although I understand what lies behind this amendment, I am not sure that it really does the trick.
It is not just out of nominative loyalty that I turn to the amendment of the noble Lord, Lord Foulkes, but because he may be on to something. I agree with the use of “may”, which was endorsed by the noble and learned Lord, Lord Hope. I am not quite so sure about “persuasive”, but I will listen to what the noble and learned Lord says. However, I like the succinct nature of the amendment and it seems to me to allow our courts the freedom that we have, as it were, granted them by the decision that the country has made in the referendum, but nevertheless not to compromise them.
Lord Hope of Craighead
Does the noble Lord have any reaction to the point made by the noble Lord, Lord Pannick, about the reference to,
“another EU entity or the EU”,
in Clause 6(2) as it stands? Section 3(1) of the European Communities Act 1972 does not mention these and refers only to the European Court of Justice, so it may be that there is no need to refer to these entities and we can confine it to the European Court of Justice.
Lord Faulks
I take that point from the noble and learned Lord. I wait to hear from the Minister why he considers that it needs to be included; at the moment, I am none the wiser.
Lord Adonis
My Lords, my noble friend Lord Foulkes and I are basking in the judicial praise we have received this afternoon for Amendment 55. We put our pen to paper on it with no legal training whatever. Perhaps we should offer advice, which no doubt will be very expensively provided after this Bill becomes law, because we are able to cut through the issues with such great clarity. I note also that Amendment 55 is by far the shorter of those we are currently debating, so clearly we were able to summarise these matters succinctly.
I have listened to the debate and I am still none the wiser about the real difference, in plain English, between “relevant” and “appropriate”. I simply cannot understand it. I was astonished at the vehemence of the statement from the noble and learned Lord, Lord Neuberger, about the impact that this would have on the judiciary where a court is expected to decide that something is relevant rather than appropriate. It seems to me that in plain English these words have precisely the same meaning. They both require a court to exercise discretion and, to me, they look to require it to exercise precisely the same discretion. Unless the noble Lord, Lord Pannick, can lay out for us some compelling arguments, as he always does with such lucidity, it looks as if it does not matter one way or the other what we do here. It is a straightforward matter of whether or not courts are prepared to be robust in reaching their decisions.
Lord Pannick
There is no doubt that there has to be judicial discretion, the question is the extent to which guidance is given to the court. To suggest to the court that it should exercise its discretion by reference to whether something is appropriate suggests, does it not, that it is to make a policy decision? The question is whether something is relevant, meaning legally relevant by reference to the particular issue that arises before the court in its legal context.
Lord Adonis
The word “relevant” does not, in any normal meaning of the word, mean legally relevant, any more than the word “appropriate” means legally inappropriate.
Lord Foulkes of Cumnock
My Lords, can I make a confession before we go further? I cannot claim credit for the wording of this amendment. The credit must go to Michael Clancy of the Law Society of Scotland—that is why it is better than I would have done. The Law Society of Scotland says that,
“‘persuasive authority’ is a recognised aspect of the doctrine of stare decisis or precedent. Persuasive decisions are not technically binding but the courts can pay special attention to them”.
I mentioned the three courts earlier: the Judicial Committee of the Privy Council, the Court of Human Rights and the supreme courts of Commonwealth countries. It seems to me to be a very good amendment, but I do not want to take credit for it, as that must go to someone else.
Lord Beith (LD)
My Lords, if the noble Lord, Lord Adonis, is wondering why the word “appropriate” does not fit into the context of trying to limit judicial discretion, he should look at how many times it is used in this and other Bills to give Ministers the opportunity to decide one way or the other, in what are quite clearly different kinds of decisions from those you would expect judges to make.
Lord Hope of Craighead
My Lords, with respect to the noble Lord, Lord Adonis, what the noble Lord, Lord Pannick said in reply is in my experience absolutely right. To a judge, the word “relevant” requires him to look at the issues that need to be decided. It is a much tighter word than “appropriate”, and is used frequently. In case law, one searches for the point that is directly relevant to the point at issue. It may be that legal terminology is best adopted because that is what judges understand. It is a different kind of word from “appropriate”, which judges do not normally use. Therefore, I suggest it is a better word to use in this context.
Lord Goldsmith
My Lords, given the time, it may be relevant, appropriate or even helpful to try to wind up this particular debate, although not in such a way that undermines the very real importance of the amendment.
I want to underline two aspects. The first aspect is legal certainty, which was referred to by the noble and learned Lord, Lord Neuberger, and the noble Lord, Lord Pannick. It is very important, for example, that in considering cases where retained EU law is in question, people and businesses are able to recognise that if there are decisions of the Court of Justice of the European Union that are relevant, then it is likely—though not an obligation—that the courts will take them into account. They can order their affairs on that basis, and that is a critical part of legal certainty. It seems right, therefore, that this amendment, to which I have added my name, gives direction or guidance that where such decisions are relevant to the interpretation of retained EU law they should be paid regard.
The second principle is the independence of our judiciary. It is right in this context to refer to the shocking instance of the attack on our judiciary that took place at the time of the Article 50 decision. It was shocking not just that our judiciary was referred to in such terms by a popular newspaper but that it was not immediately defended and the accusation rejected by the Government, including Ministers whose job it was to do so. In dealing with this particular amendment we have to be alive to the risk that if after exit day a judge chooses—because he or she believes it right or relevant to do so; whatever word you want to use—to make reference to a decision of the Court of Justice of the European Union, that judge is not then subjected to a barrage of criticism and the accusation, “How dare you take refuge in decisions of this hated institution, one which we have left, in making decisions on this law?” It is important that we should look at this carefully and make sure that judges are protected.
Lord Beecham (Lab)
Does my noble and learned friend agree that, in all fairness, the noble and learned Lord, Lord Keen, distinctly and clearly criticised those attacking the judiciary at the time that my noble and learned friend mentioned?
Lord Goldsmith
I am grateful for that unexpected intervention from my own Front Bench, but I am happy to take the opportunity to say that the noble and learned Lord, Lord Keen, was one of the few to say the right thing and uphold the independence of the judiciary at the time of that attack. I am grateful to my noble friend Lord Beecham for making the point because it deserves to be made.
Lord Keen of Elie
My Lords, I, too, am grateful to the noble Lord, Lord Beecham, for making that point. I would add only that I spoke as a Minister of this Government in expressing that view, because I spoke from the Dispatch Box when I made it clear. I can refer the noble and learned Lord, Lord Goldsmith, to Hansard in regard to that point. Of course, the origins of the remark may not have had quite the impact that it could otherwise have had if coming from another source—I do not seek to elaborate on that point.
Sometimes it comes ill to counsel to listen rather than to speak, but this is an occasion when it is entirely appropriate for me and for the Government to listen to what has been said. I am extremely grateful for the contributions of all noble Lords and noble and learned Lords with regard to the formulation of Clause 6(2). I refer to the formulation of the clause because I believe we have a common desire to ensure that we give appropriate, effective and clear guidance, in so far as it is required, to the judiciary regarding what is a relatively complex issue. Of course the noble and learned Lord, Lord Hope, pointed out that in the normal way one might delete Clause 6(2) and allow the courts to deal with this as they deal with other matters of comparative law, but he went on to point out—quite correctly, I submit—that here we are dealing with a very particular situation where guidance may be needed. I am conscious of the way in which the various amendments have evolved.
The noble and learned Lord, Lord Neuberger, also referred to Clause 6(4) and the issue of whether and when the Supreme Court might decide whether to adhere to precedents in this context. I bow to the far greater experience of the noble and learned Lords, Lord Neuberger and Lord Hope, who sat in the UK Supreme Court. My limited experience is that, where I attempted to persuade them to adhere or not to adhere to a particular precedent, they had no difficulty in making their own minds up.
Be that as it may, I recognise the force of the points that have been made. They have come from beyond this House as well because, as noble Lords will be aware, the Constitution Committee also made some recommendations about this. Indeed, its early recommendation in March 2017 was,
“the Government may wish to consider whether the Bill should provide that, as a general rule, UK courts ‘may have regard to’ the case law of the Court of Justice (and we stress that it should be optional)”.
Indeed, we were having regard to that as we looked at Clause 6(2).
A point was made about the distinction between “may” and “must” in the amendment of the noble Lord, Lord Pannick. It occurs to me that, where he uses “must”, he goes on in his amendment at (2C) to qualify the context in which that word is used, and there may not be a vast gulf between “may” and “must” in the context of the two amendments that have been tabled. Of course, that which was recommended by the Law Society of Scotland has the merit of some simplicity and embraces the same point.
At this stage I would add only that the Bingham Centre looked at the current recommendations of the Constitution Committee that lie behind the amendment in the name of the noble Lord, Lord Pannick, and raised concerns about a number of aspects of the formulation put forward by the committee. However, I make it clear that we greatly appreciate the contributions that have been made to this part of the Committee’s debate. We will go away and consider the various formulations, and I believe it would be sensible for the Government to engage with various interested parties once we have come to a view about how we can properly express what we all understand is necessary policy guidance in the context of this exceptional step. Against that background, I invite noble Lords to consider not pressing their amendments at this stage.
Baroness Ludford
I know I will not be popular by holding things up, but the Minister was specifically asked if he could explain the reference to,
“another EU entity or the EU”,
in Clause 6(2). I do not know whether he feels he could do that. Does it have any reference to the European Commission? The Prime Minister said we would have a binding commitment to follow EU state aid and competition law, and I wondered if it had any relevance in that context.
Lord Keen of Elie
I am not going to elaborate at this stage because, as I say, the Government are going to go away and consider the proposals for an amendment to Clause 6(2).
Lord Pannick
I am very grateful to the Minister for that encouraging response, and I am grateful to the noble Lords and noble and learned Lords who have spoken in this debate.
On a matter of detail, the noble Lord, Lord Adonis, asked about new subsection (2B) in Amendment 56, giving guidance to the judges to look to the relevance of an EU agreement. The noble Lord asked how that would work. I shall give him an example. If the judge is seeking to interpret a provision of retained EU law, relating to, say, medicinal products; if the Court of Justice after exit day pronounces on a regulation which has become part of retained EU law, and if the withdrawal agreement has said that there will be close regulatory alignment between the EU and the United Kingdom in that particular area, then the judge would be encouraged to pay close regard to what the Court of Justice had said about the meaning of the regulation. Our court would still be in control but it would pay particular regard—that is the whole point of new subsection (2B).
There is widespread agreement around the House that the wording of Clause 6(2) is unsatisfactory and that Parliament needs to give as much guidance as possible to judges in this context to protect them from being seen to be required to take policy decisions, which would undermine confidence in the rule of law. The Government and Parliament would be very unwise to reject, in particular, the concerns expressed by the noble and learned Lord, Lord Neuberger of Abbotsbury. It is much more difficult to identify precisely what should be put in place of Clause 6(2). I am encouraged by what the Minister said—that the Government are listening and considering this matter. I am sure that all noble Lords who have spoken would be happy to contribute to the discussions that will take place before Report. I hope that, on Report, the Government will bring forward amendments to Clause 6(2).
Lord Goldsmith
Before the noble Lord withdraws his amendment, as I suspect he is going to do, can I ask him to clarify one point? He talked a moment ago about the need to protect the judges. Would he agree that it is a question not of protecting the judges from attack, but of protecting the independence of the judiciary and the rule of law?
Lord Pannick
I entirely agree with the noble and learned Lord. I think I said in opening this debate that it is not that the judges cannot withstand criticism of their judgments, it is rather that we are all concerned about confidence in the rule of law. As the noble and learned Lord said, if the judges are left to take policy decisions in a very sensitive context, where a decision will have to be made as to the weight—if any—to give to Court of Justice judgments handed down after Brexit, there is no doubt that they will be exposed. They will be the subject of criticism which will undermine the rule of law unless we do our job and give very clear guidance on what Parliament thinks should be the appropriate approach.
I beg leave to withdraw the amendment.
Housing: Holiday Lets
(6 years, 9 months ago)
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Baroness Gardner of Parkes
To ask Her Majesty’s Government what assessment they have made of the impact on the availability of long-term housing for rent of holiday lets, including those listed as rooms to let, particularly in London.
Baroness Gardner of Parkes (Con)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I remind the House of my interests as declared in the register.
The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
My Lords, the Government support the sharing economy. We do not hold information on short-term holiday lets. We believe that it is for local authorities to assess the impact within their area. The Government monitor broader trends in private rented housing through the English Housing Survey. We condemn, however, any abuse of planning laws, and those in breach face a fine of up to £20,000.
Baroness Gardner of Parkes
I thank the Minister for that Answer, but remind him that I have asked this Question since 2015. In the previous Session, I tabled a Question for Written Answer on a number of occasions: for example, on 14 September, then again in October and in February. Each time the answer that came back was just, “No”, or sometimes, “No, it is not possible”, or, “No, we are not thinking of it”—but it was basically “No”. Why can I not be given the reason why the answer is just “No” without any accompanying explanation, when the role of local authorities in protecting residents who are being abused in their blocks is terribly important?
Lord Bourne of Aberystwyth
My Lords, I thank the noble Baroness for a reminder that I did not really need: namely, that she has asked this Question over a period of time. If she reviews the Answers that she has had, she will see that they go into considerable detail. Suffice it to say that significant progress has been made. The noble Baroness would probably do well to discuss her circumstances with the Short Term Accommodation Association, as I have suggested previously. However, Airbnb physically cannot let a property for more than 90 days in a year; it has a system designed to stop that. I think that goes some considerable way to addressing this, but I would be happy to direct the noble Baroness to meet people at the Short Term Accommodation Association who are responsible for this significant progress.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I refer the House to my relevant interests in the register. The noble Baroness, Lady Gardner of Parkes, has raised this issue many times and deserves great credit for her persistence. Can the noble Lord say what work he and his department have done to make sure that holiday lets are not used by landlords to get round their legal obligations?
Lord Bourne of Aberystwyth
My Lords, I certainly can. I have spent a considerable time speaking to the Short Term Accommodation Association, which makes up the bulk of the people in this market, and in particular Airbnb. It proposes a data-sharing protocol with Westminster council to enable the sharing of data. The basic problem at present is that different suppliers cannot share the data one to another—so Airbnb can take care of a particular problem relating to it but cannot share the data with other providers. Airbnb is by far the largest provider, but there are many others. To enable providers to share data, they need a trigger from the local authority—any local authority that has a concern—so they can then share the data. This would take care of the problem. I will send a letter to the noble Lord on the progress being made, copy it to all noble Lords participating in the debate, and leave a copy in the Library. However, I invite my noble friend to speak to the Short Term Accommodation Association, as I know that she has particular concerns about her properties.
Lord Palmer of Childs Hill (LD)
My Lords, the problem is enforcement, as the Minister rightly said. Westminster is probably the best example of an authority that uses the enforcement procedure, but most authorities do not use the enforcement procedure for the 90-day limit to which the Minister referred. The market has completely changed. Will the Minister also address the fact that holiday lets and Airbnb lets are now dealt with very much on a commercial basis, but in blocks of flats very often one person or one company owns all the flats and let them through Airbnb? It is not people just earning a buck or two on their own home.
Lord Bourne of Aberystwyth
I remind the noble Lord that of course this is a London issue. The 90-day limit applies only in London—and, significantly, it is a real issue only in the inner London boroughs. I am encouraging the Short Term Accommodation Association to speak to those boroughs—as indeed it is doing—to see if it can carry forward the process that it is engaged in with Westminster into the other boroughs. For example, it is developing a Considerate Nightly Letting Charter with Westminster Council—again, that could be replicated for other councils. I remind noble Lords that, where a local authority has a suspicion that the law is being breached, it can apply to the Secretary of State to restrict the 90-day power and can take enforcement action. There is the power there; it is for local authorities to do that.
Baroness Couttie (Con)
My Lords, I refer noble Lords to my interest in the register. Is my noble friend the Minister aware that in one of our wards in Westminster, where I was the leader until January last year, as much as 10% of the properties are let out on short-term lets, many on a commercial basis and for far more than 90 days because multiple agencies are used? Is it not the case that a simple registration system to allow local authorities to know when the 90 days had been breached would allow cost-effective enforcement of the 90-day rule?
Lord Bourne of Aberystwyth
I thank my noble friend for that question. As I indicated, the action that the Short Term Accommodation Association is proposing will get round the particular problem that we have with the Data Protection Act, because it will then be able to share the data. The power lies with local authorities and I would gently say to my noble friend that if Westminster has a suspicion that the law is being breached, it really should pursue the matter.
Lord Whitty (Lab)
My Lords, does the Minister recognise that in Westminster and other inner London authorities, in places that were originally social housing, Airbnb and other organisations are setting up short-term lets that in most cases are in breach of the leasehold or tenancy? Does he also recognise that local authorities should enforce the leases and tenancies they already have and should be backed by central government in doing so?
Lord Bourne of Aberystwyth
Obviously if there is an issue between landlord and tenant, it is for the landlord to enforce that. The Government have no role in ensuring that leases are enforced. We would encourage that, but that is a matter for the landlord. It happened relatively recently in relation to a case called, I think, Nemcova in the London Borough of Barnet. There is the power to do just that—but it is, as I am sure the noble Lord appreciates, a matter of contract, not a matter in relation to the law regarding landlord and tenant. I will say, in support of what Airbnb is doing, that it is within the law because it is ensuring that there is no let of more than 90 days on its watch. I do not think that we can reasonably ask it to do more. It cannot share the data under the law; it is looking at this protocol to enable it to do so.
Lord Clark of Windermere (Lab)
My Lords, although this question is related, to a certain extent, to London—but not entirely, as the Question says—is the Minister aware that in certain national parks, we are not talking about 10% short-term lets: in some villages we are talking about 50%, 60% or 70% and the local authorities have no authority at all to stop it? Will the Government look into this, because it is destroying rural communities right across the country?
Lord Bourne of Aberystwyth
I appreciate that the noble Lord is speaking about his home area. I know he speaks with authority on the Lake District. I am very happy to look at that issue if he would like to come forward and arrange to see me with some evidence. It is obviously a very different issue because there is no suggestion of a breach of the law; it is about whether there is a particular problem.
Schools: Music
(6 years, 9 months ago)
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The Earl of Clancarty
To ask Her Majesty’s Government whether they will take steps to improve opportunities for the study of music in schools.
The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)
My Lords, the Government believe that all pupils should have access to an excellent, well-rounded education. Music is an integral part of a pupil’s education and a compulsory subject in the national curriculum at key stages 1 to 3. Between 2016 and 2020, we will provide £300 million of funding for music education hubs to ensure that all pupils have the opportunity to learn an instrument, sing and perform regularly and have access to clear routes of progression.
The Earl of Clancarty (CB)
My Lords, the Minister will know that, in the last year alone, take-up of GCSE music in England fell by 8%. Is he aware that the University of Sussex survey of 6,500 schools found that teachers, who should certainly know, held the EBacc primarily responsible for this decline—a view supported by a recent Education Policy Institute report? Will the Minister agree to meet to discuss these concerns with myself, other interested Peers and Bacc for the Future, whose members include many organisations who are worried about the increasing marginalisation of music in our schools?
Lord Agnew of Oulton
To reassure the noble Earl, Lord Clancarty, I will be happy to meet with him and colleagues from this Chamber to discuss the matter further. However, there is no evidence that arts subjects have declined as a result of the introduction of the EBacc. Indeed, the proportion of time spent studying music has remained broadly stable since 2010. Since the EBacc was announced, the proportion of pupils in state-funded schools taking at least one arts subject has also remained stable. I have a very strong personal commitment to music. My own father was cured of a debilitating stammer through learning to sing and so breathe properly. I am doing everything I can to encourage music in the system.
Baroness McIntosh of Hudnall (Lab)
My Lords, I am very interested in what the Minister just said about his own family experience. While I fully accept that there is an issue about the academic study of music in schools, music also makes an important contribution to the health of schools as communities. As there is so much concern at the moment about child and adolescent mental health, would he accept that it is important that there are opportunities in schools for children to participate in music for the therapeutic and social benefits it conveys, and that that is particularly true of performing music in groups?
Lord Agnew of Oulton
I agree with the noble Baroness entirely. Some case studies that I pulled in ahead of this Question bear out what she said. In my own academy trust, the Inspiration Trust, I appointed a director of music just before I took on this role, and I asked him to give me his early feedback—he started only in September. He said: “On listening and music appreciation, the pupils find listening easier and can listen for longer; pupils more readily try new things. Improved multitasking skills: pupils react, listen, move, hum along to music while focused on their main task”. With regard to extracurricular ensemble, he talks about pupils being better able to understand commitment, time management, perseverance and co-operation. So I completely agree with the noble Baroness.
Lord Lexden (Con)
Has my noble friend noted that nearly 650 independent and state schools are now collaborating in the teaching and performing of music, and would he agree that further scope exists to increase these joint ventures as independent schools seek to play a larger part in the education system as a whole, in accordance with the Government’s wishes?
Lord Agnew of Oulton
I agree with my noble friend. Indeed, apart from the 641 independent schools in music partnerships, 492 independent schools invite pupils to attend lessons or performances, and 51 second music teaching staff to state schools. Since I took on this post, I have met once the chairman of the Independent Schools Council, and I am meeting him again soon to review collaboration between the two sectors.
Lord Wallace of Saltaire (LD)
My Lords, I declare an interest as a trustee of a musical education charity, the VCM Foundation. Can the Minister give us figures on the numbers of music teachers in schools? We as a foundation have discovered that large numbers of primary schools, in particular, now have no teachers with any musical experience. We and some others are now helping to train teachers without musical experience to ensure that all schools have the opportunity to sing together and to learn to work together in the way that one can do through music.
Lord Agnew of Oulton
My Lords, the most recent figures I have for 2016 show that there is only a 0.5% vacancy rate for teachers of music in state schools.
Lord Palmer (CB)
My Lords, what steps are being taken to ensure that the £5-a-week charge for students taking GCSE music, as at Bingley, for example, will not become more widespread?
Lord Agnew of Oulton
My Lords, I believe that when that was raised in the media recently, the school in question removed the charge, and I am not aware of any other examples of that happening. Certainly, if the noble Lord is aware, I would be pleased to hear from him and I will investigate it.
Lord Watson of Invergowrie (Lab)
My Lords, my noble friend Lord Kennedy once played the bassoon in the London schools orchestra. The chances of a young person from his school in Peckham doing so this year are considerably less because of the cuts to funding in many state schools for arts and creative subjects. Despite what the Minister said, I concur with the noble Earl, Lord Clancarty—in 2017 the number of pupils taking GCSE music is down to an all-time low of 5.5%, which is a very serious situation.
I have told the Minister before that Labour will introduce an arts pupil premium to ensure that every child in a primary school in England has the chance to learn a musical instrument, go to the theatre, or take part in dance and drama. The funding necessary for this cannot be escaped by the Government. Will the Minister say why the facilities in state schools are still so much worse than they are in many private schools—a situation which would be reversed by Labour’s arts pupil premium—or are the Conservative Government quite content for the study of music to be the preserve of the wealthy?
Lord Agnew of Oulton
My Lords, spending on music and cultural education programmes has been stable for the last four years—it declined in 2013-14 and 2014-15, but we increased it. The noble Lord asked me a Question about EBacc in November, and I gave the response then that we probably have different priorities. I believe EBacc has been an enormous tool for improving social mobility in children from less advantaged backgrounds. We are seeing a dramatic increase in the number of children who are studying EBacc subjects such as science, geography, history and modern foreign languages. The reason we were so keen on this is that it provides an opportunity for these children to have a shot at a good university. We know good universities have facilitating subjects, which tend to be the EBacc subjects. Overall, the commitment to music remains and 120 music hubs are supporting some 14,000 ensembles across the country.
Nurses: Training
(6 years, 9 months ago)
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Lord Clark of Windermere
To ask Her Majesty’s Government what specific proposals they have to increase the number of fully trained nurses working in the National Health Service and the associated care services.
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord O'Shaughnessy) (Con)
My Lords, there are record numbers of nurses working in the NHS in England, including 13,900 more acute, elderly and general nurses. To increase the future supply of registered nurses, the Government are funding over 5,000 more student nursing places for those entering training each year from September 2018. We are opening up new training opportunities to increase the number of professionally qualified nursing staff across the health and social care workforce through the apprenticeship route.
Lord Clark of Windermere (Lab)
I thank the noble Lord for his reply, but I do not think the Government really grasp the seriousness of the shortage of nurses. In the last two years, 33% fewer students came forward. We have a shortage of 40,000 nurses and it will take years to put that right. Can I make a suggestion to him? The best and quickest way to increase the number of trained nurses is for the Government to drop their opposition to the bursary scheme for postgraduate students. These two-year courses are cheaper; it would cost the average funder £33,500 for the two-year course, which is half as much as the average trust would pay simply to employ an agency nurse for a year to fill the gaps. Why will the Government not follow that route?
Lord O'Shaughnessy
My Lords, we take very seriously the need to train more nurses. There are 52,000 nurses in training and, as I have said, there is a commitment to increase the number of training places by 25%, which is obviously how we get to a long-term solution. On the issue that the noble Lord has raised about postgraduate bursaries, the policy intention is to bring these courses in line with other courses. I know that this is an issue of great concern. The Royal College of Nursing has expressed its concerns and we take those seriously. I also know that the regulations have been prayed against in the other place; they are also being looked at in the Secondary Legislation Scrutiny Committee and we await its report. I reassure him that the issue is being considered and we will respond once the committee has reported.
Viscount Hailsham (Con)
My Lords, as someone who is frequently involved in regulatory work involving nurses, I ask my noble friend what is being done to ensure a proper standard of clinical performance and a proficiency in languages on the part of nurses trained abroad and, most especially, on the part of those trained outside the European Union.
Lord O'Shaughnessy
I thank my noble friend for highlighting that important issue. A very stringent language test is imposed by the Nursing and Midwifery Council—indeed, it is perhaps so stringent that it has excluded some nurses who are perfectly capable of practising in this country. A review of that is going on at the moment to make sure that a proper line is drawn—ensuring professional competence, including in technical language, while not excluding people who would be perfectly capable of practising well in this country.
Baroness Walmsley (LD)
My Lords, is the Minister aware that the vacancy rate for nurses in social care settings has doubled over the last four years? Given the other pressures on nursing homes, will the Government take specific action—perhaps grants for placements—to relieve this problem, which the NAO has described as dangerous?
Lord O'Shaughnessy
The noble Baroness has highlighted an important issue, which is the number of nurses in social care. I recognise that to be a problem, as does the department. A specific social care workforce consultation will get under way and is linked to the overall draft workforce plan that Health Education England has published. This is something that we are looking at. We can solve it to some extent by increasing the overall number of nurses, but we need to find ways of attracting them into the social care profession.
Lord Patel (CB)
My Lords, does the Minister agree that the lack of NHS nurses and other healthcare workers is due to the lack of a long-term sustainable workforce plan, as identified by the House of Lords committee report? If, following that report, the Government now have a long-term workforce plan for the NHS, when might it be published?
Lord O'Shaughnessy
I congratulate the noble Lord on his committee’s work in this area and on making a proposal, which we have followed in putting forward a 10-year draft plan. I hope that he will have had the chance to see that—it will of course firm into a concrete plan. It is fair to say that it is honest about both the successes and the challenges that we face in needing to train more nurses. We are trying to find new ways of doing that, not just through the university route but through apprenticeships.
Lord Bassam of Brighton (Lab)
My Lords, yesterday evening I went home and turned on my local news to find that the Royal Sussex County Hospital was calling on people who might otherwise use its services to keep away. The hospital has some 900 vacancies. How can the noble Lord come to the Dispatch Box and tell us about the wonderful figures that suggest that all is well and good in the health service regarding nursing vacancies, when the reality on the ground is somewhat different? My local hospital is facing a crisis.
Lord O'Shaughnessy
I do not pretend that all is well and good; I merely state what has happened. We know that there are challenges from increasing demand in the health service. We need more staff, which is why we are committed to training more staff. Unfortunately, I am not in a position to comment on the challenges of the noble Lord’s trust but I will be delighted to look at them with him. However, as we know, there is more demand and we have an ageing population. We need more staff and we are trying to train those staff.
Baroness Rawlings (Con)
My Lords, I declare an interest which is not in the register. One of my first jobs was as a VAD nurse, which some of your Lordships might remember—it was a long time ago. What do the Government think of bringing back VAD nurses, or, as they are called today, auxiliary or volunteer nurses, to help in the nursing crisis?
Lord O'Shaughnessy
I thank my noble friend for that question. I think that we need to diversify the routes into nursing and this is probably how we do it. One way in which that is happening is through the creation of nursing associates, which is a level 5 apprenticeship programme. To be clear, these are not nursing positions—they are not registered nurses—but they provide an opportunity for those who have a desire to get into that career and want to learn on the job but who do not yet have the skills to start working towards a full-time registered nursing position.
Emergency Hospital Admissions
(6 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord O’Shaughnessy) (Con)
My Lords, NHS England and NHS Improvement are implementing a number of national programmes to transform NHS services so that, where clinically appropriate, a patient’s care is managed without the need for a stay in hospital. This is being achieved through services becoming better integrated across health and social care, as well as managing hospital care differently, so that more patients are treated as day patients in A&E or streamed to see a general practitioner.
Lord Bird (CB)
I thank the Minister for that Answer. The recent report of the National Audit Office stated that nearly 25% of people who go into hospital do so in an avoidable situation, which could be sorted out in the community. This is a clear case of why we need more prevention. What extra thinking and resources will the Government bring into the community so that we do not have the ridiculous situation of such people going into hospital, where we have the problem of a shortage of nurses and all the other things that knock on?
Lord O’Shaughnessy
The noble Lord makes an important point. It was good to study the report and the noble Lord is right about avoidable hospital admissions. Two changes are happening. One is GP extended access, which now has 95% coverage across the country—that is, evenings, weekends and so on—as primary care. We also have interesting results coming from the new models of care programme. I highlight one that is happening in mid-Nottinghamshire. It is called PRISM and it is a virtual ward for at-risk patients which enables multidisciplinary teams to look at vulnerable people before they come to hospital. It has reduced A&E attendance for those aged over 80 by 17%, which is significant. It is precisely this kind of thing that will make the difference that we need.
Lord Brooke of Alverthorpe (Lab)
Is the Minister aware that in 2016-17, 30% of admissions to A&E of people aged 65 and over were alcohol-related? Is he further aware that, given the need for the services of psychiatrists to look after those people, training for psychiatrists has reduced dramatically in the past 10 years and we have no facilities available to look after them? Turning to a longer-term public health policy, when will the Government do something about the increasing number of people going into hospital due to alcohol problems?
Lord O’Shaughnessy
It is now the case that thousands of GPs and hospital staff have been trained to screen for the signs of alcohol abuse and to provide intervention. So not only are there dedicated staff and dedicated public health programmes, but hospital and primary care staff have now been specifically trained to look for the signs and to signpost people to care when they need it.
Lord McColl of Dulwich (Con)
Does the Minister agree that one of the causes of the recent pressure on acute hospital beds is that young people and children who are waiting for scarce specialist mental health beds are frequently put into inappropriate adult wards because there is no room for them anywhere else? Would the Minister look into that again?
Lord O’Shaughnessy
I thank my noble friend for making that point. Unfortunately, we have a growing prevalence of the kind of mental illness he is describing. We are in the process of increasing the number of in-patient beds available for young people going through those kinds of episodes. That is the right thing to do. It means that they will not have to travel so far from their homes and has the benefit of relieving the impact on adult acute beds.
Baroness Finlay of Llandaff (CB)
Is the Department of Health and Social Care, in conjunction with NHS England, monitoring the completeness of 24/7 nursing coverage in the community? Even though the pilots, which will have a virtual ward, will help determine the most vulnerable patients, those patients will still need hands-on nursing at the time they need it. If it is not available, they will inevitably end up being transported to hospital.
Lord O’Shaughnessy
One of the issues the NAO reports is that we do not yet have good enough data on what is happening in the community. The creation of the community services dataset will enable us to track precisely what is available in the community in every area. Concerns have been raised in this House before about the number of district nurses, which unfortunately has fallen over recent years. It has now shown a small increase year on year and we hope we are starting to turn the corner on community nursing numbers, too.
Lord Hunt of Kings Heath (Lab)
My Lords, there are two stark facts from the NAO report. First, the real problem has been the reduction in social care funding. Surely the real answer to this problem, above all else, is to restore what has been cut. Secondly, I refer the Minister to the chart in that report which shows that, despite the increase in demand, bed capacity has been cut by 6,000 beds since 2010-11. I understand that in February the occupancy rate reached a dangerously high level of 95%. Does the Minister accept that, while we need to prevent avoidable admissions, it is very unwise to reduce acute care capacity at the moment?
Lord O’Shaughnessy
I agree with the noble Lord about funding. The Government have now made £9.4 billion of extra funding available to local authorities over three years, including in the most recent local government funding settlement. The noble Lord makes a good point about bed capacity: it had shown a downward trend for a long time before stabilising in recent years. I point to two successes this winter. The first is the improvement in delayed transfers of care—we have really started to get some traction on that. The second is about £60 million, I believe, of funding that went into providing extra bed capacity over winter. Occupancy levels are too high. The NHS is getting better at managing it more efficiently, but we certainly need to do better.
Lord Rennard (LD)
My Lords, does the Minister accept that part of the problem with emergency hospital admissions is the difficulty people have in accessing their GPs? Some of this is perhaps because of the high levels of stress among GPs, but there is also recent evidence suggesting that it is because of the £1 million pension cap imposed on GPs, which means many more of them are retiring before the age of 60. Surely, in the interests of the NHS, this particular cap should be looked at again.
Lord O’Shaughnessy
Although the number of early GP retirements has been rising, the number of total GP retirements has been falling, which is encouraging. It is also important to point out that, while the pension cap obviously applies to everybody, it has not had the impact that the noble Lord described on dentists or consultants, so there is something more to it. It is to do with how GP services are structured and providing support for that partnership model. That is what we are trying to do at the moment.
European Union (Withdrawal) Bill
(6 years, 9 months ago)
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Baroness Bowles of Berkhamsted (LD)
My Lords, Amendment 57 in my name is to Clause 6(3) which says:
“Any question as to the validity, meaning or effect of any retained EU law is to be decided, so far as that law is unmodified on or after exit day and so far as they are relevant to it … in accordance with any retained case law … general principles … and EU competences”.
My amendment would delete the words,
“so far as that law is unmodified on or after exit day”.
This would mean that retained EU law was continuing to run using EU-derived interpretation, including for the amended parts. This is by no means a perfect amendment, but it is intended to probe the relationship between the wording in subsection (3) and that in subsection (6), which says that modified law can be incorporated as in subsection (3) if it,
“is consistent with the intention of the modifications”.
I want to gain some more clarity on the presumptive path around those two subsections.
The general message that we are being given by Government—the high-level presumptive path, if you like—is that there is not really an intention for policy change via modification. But, there are no absolute commitments to state that on the face of the Bill, perhaps because incidental things may nevertheless count as policy change.
My submission, which applies to other clauses and the schedules as well, is that the need for adaptability does not remove the possibility for a more granular laying out of the presumptive path. That leads me to query what presumption comes from the order of the subsections. I submit that the default presumption should be that EU case law, principles and competences apply unless the Government have specifically explained why that does not work in connection with a particular modification. That seems a clearer and easier way to do things because the modifications are the focus of the attention, presumably with explanation. That will surely then be fed into the scrutiny when we get to the delegated legislation.
However, I also have in mind some of the debate we got into late on Monday night about rights in Schedule 1. The structure of Schedule 1 is somewhat similar in so far as all challenges are first disallowed and then some might be allowed by regulation. I contrast that with the present clause, which disallows interpretation to apply to modifications, and then subsequently says that it does not stop it being as in subsection (3). I note it does not say who is making it clear whether the modifications come under EU law. I wonder whether it will be left to the judges—if it is, they may want better clarity—or will the modifications themselves make it clear when they are put before us?
In the context of Schedule 1, the noble and learned Lord, Lord Keen, referred to the regulation that provides the right to challenge validity as an exceptional power, which I suppose it is by the way it is formulated as an exception to the earlier general exclusion of challenges. I took the noble and learned Lord to mean that the power would be used rarely, rather than, for example, as a list prepared in advance, which was the point probed by my noble friend Lord Beith. If I follow a similar logic on the follow-on positioning of Clause 6, does that mean that the situation envisaged in subsection (6), with the retaining of EU interpretation for some modified parts, will be exceptional, in the rare sense, or will it be normal in the sense of maximising the status quo? We need to know.
Also, again reflecting the Schedule 1 debate, Clause 6(3) refers to a question of validity of retained EU law, so is it correct that retained EU law can be struck down unless we follow the primary legislation suggestion of the Constitution Committee or unless it is already primary legislation, and that it would be struck down by common law, not EU principles or case law, which would just help with interpretation? If that is so, might some EU retained law be struck down in effect because it came under common law plus EU interpretation, whereas it might not have been struck down if it had been under common law alone? That is what I deduced from reading Hansard and the response to the question from the noble Lord, Lord Pannick, on common law. I confess that I did not necessarily hear the response properly at the time. That is nothing against the noble and learned Lord’s diction and more to do with the temporary impairment of my hearing due to my head cold, as well as to my voice today.
The other amendments in the group are of a different nature. They relate to things that can be taken into account in interpretation. My Amendment 59 and Amendment 58 in the name of the noble Lord, Lord Krebs, are similar, referencing recitals and preambles. My amendment is to subsection (3)(b), which relates to EU competences, because I wanted to draw attention to the fact that not only does the content of recitals need to be used for casting light on interpretation, but they are part of the competences architecture and directions relating to what is expected of delegated legislation, just as can be the case with empowerments for regulations in UK legislation. It is part of the definition of EU competences for interpretation purposes.
To make my position clear, Amendment 60 specifically references powers of delegation. Footnote 24 to paragraph 83 of the Explanatory Notes says:
“Recitals will continue to be interpreted as they were prior to the UK’s exit from the EU … casting light on the interpretation … but they will not themselves have the status of a legal rule”,
I do not think that that explanation is necessarily sufficient to encompass what I have just tried to lay out. Given that the role of EU agencies will be taken over by UK bodies, they should also take over the constraints that are written in, at least until Parliament decides otherwise. Therefore, recitals need to have a greater role than previously, or at least that possibility should not be excluded.
As a general point, I mention that there is a symmetry between how EU legislative Acts can be allocated as between those that should require primary legislation to amend and those which can be considered delegated, and the EU architecture of competences: those two are symmetrical. If that mapping is got right, getting returning powers allocated into their proper place in the UK, particularly between Parliament and regulators, then that logic of how interpretation is influenced, not just by EU competences versus member states but also with regard to internal EU levels of competences, will flow naturally into the structure.
There are other important policy points within preambles and recitals and I will leave those for other speakers to elaborate on. I will just say that I agree with all that I am expecting them to say on that point about their importance to policy. I beg to move.
Lord Krebs (CB)
My Lords, I shall speak to Amendment 58, in my name and those of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Jones of Whitchurch, and my noble friend Lady Brown of Cambridge. As the noble Baroness, Lady Bowles of Berkhamsted, has already mentioned, her Amendment 59 has a similar intent to Amendment 58 and therefore I support it.
The purpose of this amendment is very simple: it is to ensure that recitals and preambles to EU laws are given a clear legal status by the Bill. Why is that important? The recitals and preambles explain the background to, and objectives of, legislation and are therefore essential to understanding the legislation that follows. While in UK law the purpose of any piece of legislation will be clear as a result of the process leading up to the legislation—for instance, a Green Paper, a White Paper and a parliamentary debate—with EU-derived law there is no equivalent process. Therefore, the recitals and preambles are essential for placing the legislation in context. If they are not given a clear legal status they may be forgotten or ignored by decision-makers and the courts. As has already been mentioned, although the great repeal Bill White Paper, in footnotes 17 and 24, recognised the importance of recitals and preambles, this does not provide the legal certainty that is needed.
Baroness Jones of Moulsecoomb (GP)
My Lords, the noble Lord, Lord Krebs, has explained why these recitals and preambles are so important, and I thought that I would give an example. They are important because of the purposive approach of EU law, which is quite alien to our UK law, which has a literal approach. This is particularly important in the area of environmental law. For example, the European court relied on the recitals and preambles to interpret article 22 of the air quality directive in the ClientEarth litigation, where it successfully forced the Government to publish their air quality plans. This ruling was absolutely crucial for our health and well-being in the UK and without using the preambles the court would not have been able to properly interpret the wording of the substantive article. The courts in our country will have a huge job on their hands of making sense of all this retained EU law that we are going to thrust upon them if they do not have the recitals and preambles; these are essential to understanding the law and their job will be much harder without them. I beg the Government to look at this issue and rethink their position.
Baroness Jones of Whitchurch (Lab)
My Lords, my name is also added to Amendment 58 and I support the very compelling case made by the noble Lord, Lords Krebs, and, indeed, by the noble Baroness, Lady Jones.
I, too, speak as an environmentalist. As has already been highlighted, the implementation of EU environmental law in the UK is drawn from several sources, all of which, in our application of it, have equal weight. For the most part, it is a welcome and uncontroversial addition to our UK environmental legal framework; it is often uncontentious and applied without legal recourse. Indeed, few people would argue that we should revert to dirty beaches and polluted bathing water and there is a common consensus that we need to adopt the EU regulations and directives.
Though these standards are very much taken for granted they do not always originate from the same legal source, which is why amendments such as Amendment 58 are so important. All the amendment does is to seek to protect what we have now—nothing more than that. The recitals and preambles which preface the formal wording of the legislation are important for explaining, in layperson’s terms, as the noble Baroness, Lady Jones, explained, what the legislation intends to achieve. They often include important principles which underpin the legislation. I have referred previously to examples of these preambles, such as article 1 of the environmental liability directive, which includes reference to the polluter pays principle, and article 1 of the habitats directive, which spells out the aim to deliver biodiversity conservation. However, there are many others, some of which have gone on to be tested and captured in UK legal judgments, but others have not.
Very simply, my challenge to the Minister is: if these amendments are not acceptable, what will be the future status of these preambles, and how can we be assured that they will have the same effect as we have previously enjoyed? We regard them as an integral part of current EU law, so if there is no place for them in the transposed UK law, does the Minister accept that this will represent a watering-down of the Government’s promise to enhance, rather than diminish, our environmental standards? I hope he can clarify that.
Lord Mackay of Clashfern (Con)
My Lords, I would have thought it was clear that when we are incorporating EU law into United Kingdom law, the law in question will not be edited—apart from questions of not working and so on, which are separate—and the whole instrument will be transformed into UK law. Judges always try to understand the legislation as a whole and read the document as a whole. Therefore, I think I can assure noble Lords that the courts here will look with great interest at these recitals and preambles—particularly in view of what the noble Baroness said about the difficulty of some of them—to see if they can help them understand properly and make a proper construction of the instrument in question.
Baroness Jones of Moulsecoomb
My Lords, in that case, what is the point of not keeping them in?
Lord Mackay of Clashfern
There is no question of not leaving them in. They will be left in in any case. There is no question of putting them out. I will see what my noble and learned friend the Minister has to say about this but so far as I am concerned, it is not necessary because the whole instrument will be incorporated. There is no question of editing it or leaving out half of it or the beginning or anything. My noble and learned friend may be willing to give the assurance that the whole instrument will go in. I must say, I would have hoped that that would be understood without it having to be said.
Lord Whitty (Lab)
My Lords, I hesitate to challenge the noble and learned Lord, Lord Mackay, on points of law, but the fact of the matter is that when we have transposed directives and regulations previously, they have excluded the preambles and the recitals, as they have excluded aspects that are in the treaties rather than the individual directives and regulations. It may well be that the courts, in their wisdom, will take into account something that European law has previously said, but unless that is laid down as a central principle of this transposition, whether or not to take it into account will be at the courts’ discretion.
The Government’s commitment was that we would have the European law on day one of Brexit in exactly the same form as we did the day before. That has broken down in the way in which the Bill has been presented in a number of respects. It has broken down on the European Charter of Fundamental Rights; it has broken down with regard to animal sentience, as we debated the other day; it has broken down on the environmental law which the noble Lord, Lord Krebs, referred to; and I was going to use the air quality example that the noble Baroness, Lady Jones, referred to. Unless Parliament gives a signal to the courts that these preambles and recitals must be taken into account —as must, in my view, the principles laid down in the treaties—we are not doing what the Government have promised the people of this country that they would do; namely, that European law would not be changed on day one of Brexit and then only if it was necessary or Parliament so decided. Unless we do something very similar to what the amendment of the noble Lord, Lord Krebs, does, we are not doing what the Government have promised the nation.
Baroness Featherstone (LD)
My Lords, I support Amendment 58 in the name of the noble Lord, Lord Krebs. I was greatly relieved by the noble and learned Lord’s rebuttal because my interpretation of what we are doing is that we will not have the protection of the recitals and the preambles. Our problem is that any law leaves room for interpretation. EU law in particular is often a reflection of the manner of its birth: it has 28 single parents.
To reassure those of us, particularly from my point of view as the spokesperson on energy and climate change, who do not necessarily trust things to naturally follow and for this Government or possible future Governments to be as keen on some of the standards required in EU regulations and directives, it is in the recitals and preambles that we can gain some measure of comfort, as a guide to the intention of a particular instrument. The recitals supplement the operative part of the directive. They are interpretive tools in the EU legal order, and if we simply transfer the law but not the recitals we are removing a beneficial tool. I am afraid that assurances and good intentions from the Government are not adequate when it comes to something as important as our environmental protection.
It is quite clear that the Bill does not deliver that security and surety. We need certainty in the Bill, so I hope that the Minister will be able to accept the amendment. This amendment is only part of that certainty and protection.
Lord Goldsmith (Lab)
My Lords, these amendments fall into two, possibly three, groups. I shall start with the group that has been the subject of the recent speeches from noble Lords—the interpretation of EU retained law. The amendments tabled by the noble Baroness, Lady Bowles of Berkhamsted, and the noble Lord, Lord Krebs, particularly require that the preambles and recitals should be capable of being taken into account when it comes to interpreting EU law. They are completely right, as are other noble Lords who have spoken, that at the moment under EU law the recitals and the preambles are an important part of the interpretation. I have had the privilege of appearing on a number of occasions before the European Court of Justice, both in my capacity as a government Minister and before that as a lawyer retained to argue cases, and it absolutely is the case that, unlike the techniques that we apply when we come to interpret British statutes, the preambles and recitals are very important. It therefore would be significant that they should be capable of being applied in the interpretation of EU retained law after exit day. If they were not it could lead, for example, to the result that a piece of law applied and interpreted before exit day using the preambles and recitals could be interpreted differently after exit day, and that would be damaging to legal certainty.
I very much doubt that the Government intend that there should be any difference, and I believe they intend that the preamble and recitals should be capable of being used in the interpretation, as they so often are. The question then becomes whether it is important and right to make reference to that specifically in the Act as it goes forward so that everybody, including the public, know that application of the recitals and preambles to these EU instruments is something that Parliament intends. Where I might part company a little with the way that Amendment 58 is drafted is in its apparently requiring that the interpretation should be in accordance with the recitals and preambles. The recitals and preambles should certainly be taken account of and proper regard should be given to them, but it is possible that requiring that they be interpreted in accordance with the preambles is going a little too far. No doubt the Minister will have something to say about that, as I hope he will have something to say about the principle.
The principle, which I support from these Benches, is that it should be clear, one way or another, that the recitals and preambles should be capable of being taken into account in interpretation because that is an important part of understanding that legislation. I have no doubt that the noble and learned Lord, Lord Mackay of Clashfern, is right that the process of transposition which is intended by Clause 1 does not involve excising the recitals and preambles. What will come in is everything that is in that which is defined as EU retained law at the moment, but that does not quite cover the point about whether there is a risk that somebody might think that they are not allowed to, or should not, take account of the recitals and preambles. Of course, that depends on what the judges say. That is the principle in relation to the first part of this group of amendments. I support the need to be clear that those recitals and preambles can be taken into account, but will listen very carefully to what the Minister has to say on that.
Lord Brown of Eaton-under-Heywood (CB)
My Lords, what I am about to say is designed to help—although whether it achieves that may of course be doubted. The Government have stated that the central object of the Bill is to ensure that the law on the day after Brexit is the same as on the day before. But it is also the Government’s stated aim—one I would hope is shared by all, or certainly the great majority, in the Chamber—that the EU law retained is certain and clear rather than left in very considerable doubt. I would suggest it is that which explains provisions such as paragraph 2 of Schedule 1, relevant to the question of whether the general principles of EU law are retained, which features in the provision under Clause 6(3), which we are now discussing. Indeed, it also explains Clause 4(2)(b), which we talked about a few days ago—although it seems like weeks—and the non-incorporation of the charter, although I shall show very considerable restraint and not go further down that road. We keep straying on to it—although I had thought that, at least for Committee stage, we had put it to bed some while back.
The amendments in this group, I suggest, will not assist in clarifying and making certain and predictable the application of retained EU law. I therefore cannot support them.
Baroness Young of Old Scone (Lab)
My Lords, I support Amendment 58. This comes down very simply to the fact that, as a result of the discussion we have heard today, the recitals and preambles either are brought across automatically—in which case, some of the statements made in the debate in the other place on this issue, which were quite lengthy and considerable, need to be re-examined, because my impression of those was that there was no guarantee of preambles and recitals being brought across—or they are not clearly brought across, in which case we need something in the Bill that does so. So I would be very grateful if the Minister would clarify, first of all, whether he believes the Government are convinced that they are already clearly brought across.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, first of all perhaps I may observe that, pursuant to Clause 3 of the Bill:
“Direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day”.
That brings over direct legislation, including recitals, as I believe a number of noble Lords have understood.
The Government’s position is that, as long as retained EU law remains as part of the UK statute book, it is essential that there is a common understanding of what the law means. Therefore, to maximise certainty, any question as to the meaning of retained EU law will be determined in the UK courts, in accordance with the CJEU’s case law as it exists immediately before the UK leaves the EU. That is set out in Clause 6(3). Any other starting point would lead to a change in the law and risk creating considerable uncertainty, if not confusion, on exit day.
However, we do not want to fossilise that case law. That is why, pursuant to Clauses 6(4) and 6(5) of the Bill, there is provision for the Supreme Court, and indeed for the High Court of Justiciary in Scotland, to depart from that situation when employing their own jurisprudence. The test would be that which they apply at the present time in departing from their domestic jurisprudence.
While it would be fair to say that the Constitution Committee has not always seen eye to eye with us on the Bill, on this particular issue it described the Government’s position as clear and sensible. Retained EU law will of course be modified after exit day by Parliament, and indeed by the devolved legislatures. It is right and sensible that it should no longer be interpreted in line with retained EU case law, following those modifications. But, in other cases, it may be appropriate that, even where there has been some modification, it should continue to be interpreted in that same way. What we have in mind is a situation in which a modification simply changes a reference, for example from an EU commission or agency to a UK public body, but leaves the substantive scheme of the retained EU law exactly as it was before. That is the purpose of Clause 6(6): to ensure that, where there is a modification that has no impact on the operation of the scheme, we should continue, pursuant to Clause 6(3), to amend in an appropriate fashion.
Amendment 57, which was moved by the noble Baroness, Lady Bowles, would remove the reference to unmodified law from Clause 6(3). But one effect of that would be to cast doubt on the operation of Clause 6(6) and the ability of modifications to retained EU law to displace the binding effect of pre-exit CJEU case law. That uncertainty, we suggest, should be avoided.
Can I come on to the issue of recitals?
Lord Goldsmith
I intervene on the Minister before he moves on to that topic. If the words that the noble Baroness’s amendment would remove—
“so far as that law is unmodified on or after exit day”—
remain in, would it still be the Government’s position that any part of an EU law can be interpreted in accordance with these principles, even if another part of that law has been modified? Could he explain precisely? Is it a question of looking at a law and saying that part of it has been modified, and therefore we no longer look at EU retained law to interpret what is left—or is it that, once it has been modified a bit, it means that it is no longer subject to that interpretative technique? It would be very helpful to have that clarification.
Lord Keen of Elie
I am not sure that I am entirely following the noble and learned Lord’s point. To express it this way, where after exit there is a modification to retained EU law but that modification does not go to the substance of the retained EU law, which would have to be addressed on a case-by-case basis, Clause 6(6) then allows for the continued interpretation of that retained EU law by reference to Clause 6(3), notwithstanding the relevant modification. That is why I sought to give the example of a modification that simply took out the reference to an EU agency and substituted a UK agency.
Lord Goldsmith
I hope that the noble and learned Lord and the Committee will permit me to intervene, because it is important to know how this is going to be interpreted. I do not see in these words anything about a proviso where the modification does or does not go to the substance of the directive. What my question had in mind was that, if you had a directive that has 10 provisions in it, for example, and if one of those was modified, or indeed nine of them, when it comes to the one provision that has not been modified, does one treat the proviso as applying or not applying? In other words, is that therefore modified retained EU law, which cannot be interpreted in accordance with retained case law?
Lord Keen of Elie
With respect, it could all be interpreted with reference to retained case law. Clause 6(6) says:
“Subsection (3) does not prevent the validity, meaning or effect of any retained EU law which has been modified on or after exit day from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications”.
So the point is being made that, even where there has been modification post exit to retained EU law, you may still find yourself on a case-by-case basis deciding that you can construe that retained EU law, notwithstanding the modification, in accordance with Clause 6(3). If the noble and learned Lord wishes to discuss the matter in some detail later, I am quite happy to take him up on that.
Lord Goldsmith
That is why I did not stand up, because I think that it is better if we discuss it outside the Committee.
Lord Keen of Elie
So be it. And there was me thinking that I was being clear.
I shall touch on Amendments 58 and 59 as well as Amendment 60, which are really concerned with what is being brought over into retained EU law. I reiterate the point that I made earlier that, pursuant to Clause 3, we bring over into retained EU law all the recitals and other material in the EU regulations and directives for the purposes of interpretation and then application—a point made by my noble and learned friend Lord Mackay of Clashfern earlier. If I may say so, that is reinforced, although perhaps not quite as patently as some noble Lords would wish, by Clause 6(3), which refers to the requirement to address the matter in accordance with any retained case law and retained general principles of EU law. The retained case law includes a body of case law that is establishing and has established clearly the principle of interpretation by reference to the relevant recitals in the directives and regulations.
Indeed, as the noble and learned Lord, Lord Goldsmith, observed, when addressing the matter in the context of the ECJ, as it was, or the CJEU, one finds that these recitals sometimes play a very material part in the way in which they interpret and apply legislation that is drafted in a rather—if I may say so, without being pejorative—looser way than is perhaps the norm in domestic statutory provision.
Baroness Bowles of Berkhamsted
I thank the noble and learned Lord for his response. I appreciate that some of what I was trying to outline was complicated, and made more so by it no doubt being difficult to listen to. I am not convinced that the point is nailed with regard to the recitals of directives, not least because there is no provision to publish those in Schedule 5. If you are going to rely on them in court, you will have to adduce some other evidence, whereas regulations are going to be published. That lies behind the amendment that I tabled to Schedule 5—it is for advance information, if you like.
I think this is a technical fix—I may be wrong, and I just bring that to noble Lords’ attention. I think I understand what has been said about Clause 6(6) in that, if the modification is trivial then, for that bit of the legislation, nothing changes and another bit in the same legislation would probably remain unaffected. So, within an individual piece of legislation, the impact of the recitals might have been removed from some bits and not from others. I think that is what was being said, and that is where the noble and learned Lord, Lord Goldsmith, was trying to get some clarity. Maybe we can take that offline to get that clarity. I am still not quite sure who makes that decision in Clause 6(6), and whether it will be something that appears when we get the schedule modifications or whether the courts and others will be left trying to decide it for themselves.
This may be something that we have to return to but, with the Committee’s agreement, I beg leave to withdraw my amendment.
“Maintenance of EU environmental principles
(1) Public authorities must have special regard to and apply the principles set out in this section.(2) The principles in this section are—(a) the precautionary principle as it relates to the environment,(b) that preventive action should be taken to avert environmental damage,(c) that environmental damage should, as a priority, be rectified at source,(d) the polluter pays principle, and(e) that environmental protection requirements must be integrated into the definition and implementation of policies and activities, with a view to promoting sustainable development.(3) The principles in subsection (2) may be called the “environmental principles”.(4) In carrying out their duties and functions arising by virtue of this Act, public authorities must take account of the public interest in—(a) promoting sustainable development in the United Kingdom and overseas,(b) preserving, protecting and improving the environment, (c) the prudent and rational utilisation of natural resources,(d) promoting measures at the international level to deal with regional or worldwide environmental problems, and combat climate change,(e) guaranteeing participatory rights including—(i) access to information,(ii) public participation in decision making, and(iii) access to justice,in relation to environmental matters, and(f) acting in a way that takes account of available scientific and technical data.(5) When making proposals concerning environmental protection, public authorities shall take as a base a high level of protection, taking account in particular of any new development based on scientific facts.(6) Subsection (7) applies in any proceedings in which a court or tribunal determines whether a provision of primary or subordinate legislation is compatible with the environmental principles.(7) If the court is satisfied that the provision is incompatible with the environmental principles, it may make a declaration of that incompatibility.”
Baroness Jones of Whitchurch
My Lords, this amendment stands in my name and those of the noble Lords, Lord Krebs and Lord Deben, and the noble Baroness, Lady Bakewell of Hardington Mandeville. Amendment 108 stands in my name and I have added my name to Amendments 112 and 113 in the name of the noble Lord, Lord Krebs.
This group of amendments goes to the heart of the concerns about the potential impact of the Bill on established environmental safeguards in the UK. On earlier amendments we rehearsed the gap in environmental protection that might occur if the transfer of legal rights is limited in the way that we have spelled out, particularly in its reliance on case law. The Minister may put forward a similar argument in answering these questions but it would be useful to have it on the record so that we can look at it in detail after the debate.
Amendment 66 tackles the issue of environmental principles head on and spells out the core principles that are needed to achieve the Government’s promise of equivalence in environmental standards. These are: the precautionary principle, the preventive action principle, the principle that environmental damage should be rectified at source, the polluter pays principle and the principle that environmental protection should be integrated into policies to promote sustainable development. To avoid any uncertainty these principles should be part of domestic law on day one, the public should be able to rely on them, the court should apply them and public bodies should follow them. These principles matter. For example, as we have discussed, the precautionary principle is important in the application of pesticides, where the impact of neonicotinoids on bee populations was suspected but not backed by scientific certainty. It created enough time and space for further research to be carried out which confirmed that the ban was justified.
Similarly, the polluter pays principle, which has been used, for example, in the application of the water framework directive, has enabled the Environment Agency to impose fines on water companies found to have polluted rivers and required them to repair the damage and invest in preventive measures for the future.
These principles have existing legal status. For example, in a recent case Friends of the Earth successfully argued that the Northern Ireland department had failed to consider the precautionary principle when it refused to issue a stop notice to prevent sand extraction in Lough Neagh. I hope that I have pronounced that properly. As a result partly of that argument, the department had to reconsider its position.
These principles of environmental law are not new, nor are they unique to EU law. They are also found in a number of international environmental treaties to which the UK is a signatory. These include the Convention on Biodiversity, the Convention on Climate Change and the Convention on the Law of the Sea. Currently, the UK gives effect to these international obligations through its membership of the EU as these principles are contained in Article 191 of the Treaty on the Functioning of the European Union. This is why, although we have strong support for the concept of enhancing biodiversity as set out in Amendment 67, in the name of my noble friend Lord Judd, in the spirit of transposing rather than refining the legislation we have tried to be true to the existing principles and objectives in Article 191, which do not yet include enhancing biodiversity, although, of course, we wish that they did.
When a similar amendment to Amendment 66 was debated in the Commons, it received strong support. In fact, Dominic Raab MP, who was then the Minister of State responsible for courts and justice, stated:
“Leaving the EU will not diminish our commitment to environmental principles. Indeed, it is an opportunity to reinforce them”.—[Official Report, Commons, 15/11/17; col. 501.]
So we believe that by restating the principles in the Bill by inserting this proposed coherent new clause, the Government can avoid the ambiguities which result from relying excessively on case law and make good their promise to enhance environmental protection.
More recently, the Government have announced that they plan to publish a new national policy statement setting out the environmental principles which will underpin future policy-making. In theory, we welcome this initiative as it would allow us to build on the existing principles, making them relevant and durable for the longer term—including, of course, the importance of biodiversity. This would be a document for the future. However, we have not seen a draft of it yet; it would then need to be subject to full consultation before becoming a reality. In addition, its legal status would be less clear as it could be changed by government without a parliamentary veto. In the meantime, as the date for leaving Europe grows nearer, it is important that we protect the existing principles that have stood us in good stead for so long. That is what Amendment 66 seeks to do.
The next amendment in my name is Amendment 108. It addresses the serious threat to air quality, which we were rehearsing just a moment ago, by seeking to ensure that the EU ambient air quality directive 2008, the other directives listed and the UK regulations that transpose it remain the law of the land. We know this is an issue of huge public concern, with public health implications. That concern is reflected by the courts, which have consistently ruled that the Government are in breach of the ambient air quality directive; and, of course, we saw the latest episode of this in the High Court last week, when the Government’s latest plans were declared unlawful. The Government’s reluctance to comply with the directive is a worrying indication of their likely approach to implementing air quality standards after the UK leaves the EU. Our amendment aims to put certainty into the withdrawal Bill so that existing standards and oversight remain in place.
Currently, the air quality standards regulations are secondary legislation; under the current terms of the Bill, they could be amended or repealed with minimum parliamentary scrutiny. In any event, the regulations will lose much of their effectiveness unless the courts are required to enforce them, in line with the principles established by case law of the Court of Justice of the EU. Anyway, once the UK leaves the EU, the European Commission will have no authority to bring infringement proceedings against the UK. Without this amendment, air quality protection is under threat, either by repeal or amendment—or, more subtly, through the removal of any effective enforcement mechanism. The air quality regulations could cease to be effective on Brexit day. It is therefore vital that the directive and the Air Quality Standards Regulations 2010 are transposed in full, with no weakening amendments. To guarantee public protection in the future, these air quality laws should be given the status of primary legislation, so that future changes require a full Act of Parliament. It is also vital that establishing EU case law applies in the interpretation and enforcement of these laws in the UK.
Finally, as explored in Amendments 112 and 113, there needs to be a robust and independent governance structure that deals with accountability and enforcement. We believe that the package set out in Amendment 108 is vital to delivering effective regulation and enforcement of air quality standards in the future. There are a number of other amendments in this group that explore different aspects of environmental protection and enforcement. We support these amendments, but I will leave those who have tabled them to make their case in more detail. In the meantime, I beg to move Amendment 66.
Amendment 67 (to Amendment 66)
“( ) protecting, enhancing and encouraging biodiversity,”
Lord Judd (Lab)
My Lords, I endorse every word that my noble friend said. There is nothing more important, it seems to me, for the qualitative future of the United Kingdom than the ground covered by these amendments. What kind of Britain do we want to leave to our children and grandchildren? Therefore, it seems that we have got tied up over how we can have firm policy in the future if we are to leave the European Union.
My amendment simply sanctions, I hope, what my noble friend said. She referred very strongly to biodiversity because it seems such a crucial issue. It needs very specific and precise attention; it needs to be covered very specifically in the legislation we are considering.
Lord Wigley (PC)
My Lords, I will speak to Amendment 317 in this group. Before I do so, I warmly endorse the comments that have already been made on the importance of getting the environmental dimensions right as we leave the European Union, if we have to.
Amendment 317 proposes a new clause on common frameworks for environmental protection, touching on a number of matters that have already been discussed. I hope that the Minister, when responding to this group of amendments, will see Amendment 317 as a constructive proposal for a possible way forward as we have to change our relationships as we move out of Europe. This amendment goes to the very heart of why I am both a Welsh nationalist and a European federalist, and those two attachments are in no way incompatible. I believe that every community should make as many decisions as possible that affect them for themselves, and where they cannot, for practical reasons—where, by their nature, some decisions have to be taken on a broader basis—those communities should have an effective voice in that wider decision-taking process The environment is one such issue.
Environmental protection is a devolved matter. However, while the UK is a European Union member state, most environmental law in the four countries of the UK is guided by common frameworks set at EU level. This amendment would require the four Governments to work together on proposals to establish minimum common environmental objectives and standards. As such, I hope it will appeal to all parts of the House. UK-wide frameworks will be needed to establish areas of common policy across the UK, even in areas of devolved competence. Crucially, this amendment would insist that devolved legislatures are equal stakeholders in the forming of those common policy areas. I will cover the principle of UK-wide frameworks, and my major concerns about Clause 11, when we get to that point of the Bill. Today, I will focus on the substantive relevance of this issue to the environment.
First, I will say a word about why common frameworks are needed. No area of policy will be more affected by the outcome of the common frameworks debate than the environment. According to analysis by the Institute for Government, there are more than 140 distinct policy areas where EU law intersects with devolved powers. The greatest number of these relate to the environment, which is unsurprising given that the EU frameworks have been widely created for environmental policy purposes.
Approximately 80% of environmental laws in the UK, including in the devolved nations, have some basis in EU legislation. Transboundary co-operation and common standards are widely recognised as important for the effective protection of the environment and the prevention of unfair regulatory competition. There are persuasive reasons for seeking to maintain common standards across the four nations of these islands post Brexit. Such frameworks would provide a set of minimum common standards and should be jointly agreed between the UK and devolved Governments. They will be important in a range of areas, such as the conservation of wildlife on land and at sea, environmental assessment and the co-ordination of action to address air and water pollution.
I shall give some examples of common frameworks. EU legislation relating to the natural environment—including the birds and habitats directives—currently helps to underpin effective environmental action by providing minimum common standards for site and species protection across the four nations. This facilitates the creation of a more ecologically coherent network of protected sites than would otherwise be the case. Such an approach will still be needed for the UK outside the EU, helping to ensure that actions in one jurisdiction complement, and do not counteract, conservation outcomes across these islands.
Similarly, the common frameworks provided by EU legislation—relating to the assessment of the likely environmental impacts of plans, programmes and projects—mean that consistent mechanisms are in place for assessing transboundary effects as well as allowing for public participation and transparency in decision-making across the four nations. Co-operation and joint agreement on common frameworks that provide minimum standards and shared high-level objectives are therefore needed.
I now turn to the role of the Joint Ministerial Committee. Most environmental issues are transboundary in nature and represent a shared concern across the four nations. In a welcome sign of progress, the UK and devolved Governments reached an agreement in October 2017, via the Joint Ministerial Committee on EU Negotiations, to develop and agree common frameworks in some of these areas post Brexit—to ensure the effective management of common resources that cross boundaries between the four nations.
For the sake of our shared environment, failure to recognise the importance of agreeing a set of common frameworks in these areas would be of great concern. We urgently need the UK and devolved Governments to commit to working more openly and transparently together, to secure the best possible system of environmental governance across the four nations following the UK’s exit from the EU. This should be informed by a robust assessment of the environmental implications and a transparent process that allows for public consultation and input from stakeholders across the UK.
In conclusion, I ask the Minister to accept that, in the absence of a replacement set of jointly agreed frameworks, environmental co-operation across the four nations would be undermined. Secondly, I ask the Minister to confirm that the views of the JMC will be subject to public consultation and parliamentary scrutiny. Finally, will the Minister provide clarity as to what will be the process with respect to pursuing common frameworks once the JMC analysis is published?
Lord Krebs (CB)
My Lords, I rise to move Amendments 112 and 113, which are in my name and those of the noble Baronesses, Lady Jones of Whitchurch and Lady Byford, and my noble friend Lady Brown of Cambridge.
The Countess of Mar (CB)
My Lords, I hate to interrupt my noble friend but he is not moving his amendment now; he is speaking to it. The same applies to the amendment in the name of the noble Lord, Lord Wigley.
Lord Krebs
I thank my noble friend Lady Mar for that correction. As well as speaking to my amendment, I shall be supporting Amendments 66 and 108, with which my name is associated and to which the noble Baroness, Lady Jones of Whitchurch, has already spoken.
It was very encouraging to hear the Prime Minister reaffirm in her Mansion House speech on Friday that:
“As we leave the EU we will uphold environmental standards and go further to protect our shared natural heritage”.
As the Chief Medical Officer for England made clear in her annual report published last week, our own health is intimately dependent on the health of our environment. We all recognise that the improvements over past decades in the UK’s environmental standards have been driven primarily by EU laws that cover roughly 80% of environmental legislation in this country, and a key part of that has been enforcement. There is no point in having high aspirations unless you have an effective mechanism to ensure that you deliver. As a member of the European Union, we have been subject to scrutiny and enforcement by the Commission, ultimately through infraction notices. As I pointed out at Second Reading, 46% of the judgments handed down by the European Court of Justice on UK infringements since 2003 related to the environment.
The Government have accepted that after Brexit there will be a governance gap and that therefore a new green watchdog will be required to hold the Government to account on their environmental performance. The purpose of Amendments 112 and 113 is to ensure that this new green watchdog is in place by exit day and that it will mirror as closely as possible the current arrangements that we have as a member of the EU.
When the Energy and Environment Sub-Committee of the EU Select Committee, of which I am a member, took evidence on this, the very strong view was that a new watchdog would be essential. I quote from our report:
“The importance of the role of EU institutions in ensuring effective enforcement of environmental protection and standards, underpinned as it is by the power to take infraction proceedings against the United Kingdom or against any other Member State, cannot be overstated ... The evidence we have heard strongly suggests that an effective and independent domestic enforcement mechanism will be necessary, in order to fill the vacuum left by the European Commission in ensuring the compliance of the Government and public authorities with environmental obligations ... It will be important for any effective domestic enforcement mechanism to have both regular oversight of the Government’s progress towards its environmental objectives, and the ability, through the courts, to sanction non-compliance as necessary”.
I can imagine that in his reply at the end of this debate the Minister will say that we are going out to consultation on a new green watchdog. Indeed, the Secretary of State for Environment, Food and Rural Affairs has already indicated that there will be a consultation on a new statutory body early in 2018. Just checking my clock, “early” is moving quickly beyond us. In the Committee debate in the other place, Dominic Raab said on 15 November 2017 that the consultation was “coming imminently”. If one of my students at Oxford said that her essay would arrive imminently but nearly four months later it had not appeared, it would be a case for disciplinary action. Monsieur Barnier has repeatedly said that the clock is ticking, so can the Minister assure the Committee that the new green watchdog will be in place on a statutory basis by exit day?
Amendments 112 and 113 set out a number of key requirements for the new watchdog. First, as I have already said, it should be in place by exit day. Secondly—this resonates with what the noble Lord, Lord Wigley, has just said—the UK Government and the devolved Administrations should work together to ensure that the watchdog functions apply to the whole of the UK. If there are different watchdogs for the four countries of the UK, they should operate according to the same principles and should be established jointly and in the same timescale. Thirdly, as we heard from the noble Baroness, Lady Jones of Whitchurch, the Government should consult on incorporating EU environmental principles into primary legislation, support decision-making by the watchdog or watchdogs and ensure that the principles inform decision-making more broadly. Fourthly, there should be absolute transparency about the environmental governance functions that are transferred to the new watchdog or watchdogs by creating a publicly available register of functions.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I support Amendment 66, to which I have added my name; Amendment 67 in the name of the noble Lord, Lord Judd; and Amendment 67A in the name of my noble friend Lady Miller of Chilthorne Domer. These amendments are key to ensuring that the protection of our environmental heritage is enshrined in law in the Bill. This group of amendments is crux to the environmental agenda and must be included in the Bill. I fully support the thorough introduction to the amendment of the noble Baroness, Lady Jones of Whitchurch, and I am grateful to Rescue, the Chartered Institute for Archaeologists, the Environmental Policy Forum and Greener UK for their briefings.
As we all know, on 29 March 2019 key pieces of legislation such as the environmental impact assessment and strategic environmental directives will be transposed into domestic law, with the aim that planning policy will continue to function as currently. However, the Bill does not directly reference some important overarching principles established in the EU treaty, potentially weakening environmental protections which underpin planning-led archaeology. This process is difficult—not least because of the perceived weakness in the Bill, which may prevent its stated ambition of ensuring a smooth transition and avoiding a black hole in the statute book on the day of the UK’s exit next year.
For the Chartered Institute for Archaeologists and the Council for British Archaeology, the key issues are: the de facto weakening of environmental principles enshrined in the European treaty, which are not within the scope of the Bill as proposed; the loss of supranational jurisdiction to provide opportunities to bring legal challenges on environmental principles; the uncertainty over how the Government will use so-called Henry VIII powers to amend technical aspects of EU law when transposed, to ensure that they remain workable in a domestic context; and the uncertainty over how previously held EU powers—brought back to the UK after Brexit—will be reserved to devolve to Scotland, Northern Ireland and Wales.
In February, during the recess, I went to Cyprus for a holiday. During the week, my husband and I visited the marvellous and numerous archaeological remains on the island, including Aphrodite’s Temple, Aphrodite’s Rock, the Tombs of the Kings and the main archaeological site in Paphos. The Cypriot Government have spent considerable sums of money over many years excavating these sites and preserving the wonderful mosaics uncovered and other historical artefacts. I was struck by the number of non-Cypriot archaeologists who had funded and worked on the sites over the decades to bring the history to life for future generations. Many of these came from the UK.
To be clear on how important archaeological heritage is, we must turn to the survey of adults in England called Taking Part Focus On: Heritage. This was a DCMS survey of 2017 demonstrating both the cultural and economic value that heritage provides to our society and community. Some 74.2% of adults visited a heritage site in 2016-17, with a remarkable 94.2% of adults agreeing that it is important to them that,
“heritage buildings or places are well looked after”.
Another report, Heritage and the Economy 2017, by Historic England—again reporting English statistics—shows that,
“heritage directly contributed £11.9 billion in GVA”,
equivalent to 2% of our national GVA, and that:
“Heritage tourism generated £16.4 billion in spending by domestic and international visitors”.
The Welsh equivalent showed that it contributed 1.6% of GVA and Scotland’s Historic Environment Audit 2016 showed that heritage contributed,
“in excess of £2.3 billion to Scotland’s economy”.
The Countess of Mar
My Lords, I am sorry to interrupt the noble Baroness, but these amendments are about environment, not heritage. Does she have her right speech?
Baroness Bakewell of Hardington Mandeville
I thank the noble Countess for that intervention, but I believe I have the right speech and I hope she will bear with me until I get to the end.
With this in mind, it is important that the UK retains at least an equivalent provision for environmental protection in domestic legislation and policy to compensate for the loss of EU funding to the historic environment with domestic funding, ensure free movement of skilled and accredited archaeologists between the EU and the UK—
The Countess of Mar
My Lords, I am sorry to interrupt the noble Baroness again, but this is an amendment about the environment. We are asked in Committee to pay our attentions to the particular amendments that we are looking at. I have looked through the list of amendments and none of them applies to architectural heritage. Will the noble Baroness kindly let noble Lords who wish to speak on the environment have their turn?
Baroness Bakewell of Hardington Mandeville
I am sorry that the noble Countess is frustrated with me trying to link the environment to archaeology. However, Article 191 aims for a “high level” protection of the environment and is based on “preventive action” in which,
“environmental damage should as a priority be rectified at source and that the polluter should pay”.
The principles, including the polluter pays principle, the prevention principle and the precautionary principle, have all been the fundamental base of environmental—
Baroness Goldie (Con)
I am sure that the noble Baroness will realise that the interruption was not a personal allusion to her speech or its content.
Baroness Bakewell of Hardington Mandeville
I am sure it was not.
These principles have been the fundamental base of environmental protection and the way archaeology is carried out in the UK. The rejection by a very close margin in the other place last November of Amendment 67, which aimed to adopt these principles into UK law with other EU legislation, leaves historical environment protection vulnerable to future changes in British policy. This is not something that the public who visit archaeological sites would welcome.
The weakening of environmental principles enshrined in the environmental treaty has captured the attention of many in the sector in recent weeks and has promoted serious questions about environmental protections after Brexit. A significant amount of time was spent debating the importance of environmental protections and there has been universal acceptance of their value, with cross-party consensus on a need for statutory protections for these principles being evidenced. Discussions are under way towards including a new environmental protection Bill, to which the noble Lord, Lord Krebs, referred, to be brought forward before exit day. Given the legislative timetable and the scope of Bills that the Government hope to bring forward, surely it would be better to enshrine the principles of Amendment 66 in the Bill, rather than leave to chance bringing forward an environmental protection Bill prior to exit day.
The Government’s 25-year environment plan is wide-ranging and encouraging. Those in the natural environment sector have been encouraged by changes in the Government’s stance that have occurred since the new Secretary of State took office. However, the Government’s drive towards streamlined planning has demonstrated how easy it is to introduce provisions that—apparently unwittingly—undermine historical environment protections. We must be vigilant to ensure that damage does not happen by default.
I turn lastly to the impact of the large number of Henry V powers contained in the Bill.
Baroness Bakewell of Hardington Mandeville
Sorry, Henry VIII powers. They have caused such concern in the environment protection world and elsewhere. The withdrawal Bill’s aim is to convert EU law into UK law wherever practical and appropriate. Clause 7 confers major executive powers on the Government to bring about legal and institutional changes that would normally be the subject of detailed parliamentary debate and scrutiny. These powers are incredibly broad and would be able to achieve anything that could be done through an Act of Parliament, including repealing or amending existing pieces of primary legislation. It is estimated that around 800 to 1,000 statutory instruments are likely to be needed to address deficiencies in retained EU law through these powers. I look forward to this with trepidation.
The Environmental Policy Forum has made a number of extremely valid points, including supporting the House’s Constitution Committee’s recommendations that the Bill should require Ministers to demonstrate good reason for exercising Henry VIII powers and that the sifting committee’s powers be decisive in calling for the affirmative procedure for a statutory instrument as it deems necessary. The EPF also recommends that the Bill should require the Government to establish a new body or bodies to fulfil the roles and functions currently undertaken by the EU institutions to ensure effective governance of environmental law and an appropriate level of independence and authority. The new body should be funded by and directly accountable to the UK Assemblies and Parliaments and, in a similar way, to the National Audit Office.
It is vital that the UK and devolved Governments work together throughout the passage of the Bill to ensure that common frameworks can be established to set minimum environmental standards across the UK at or above current EU standards. This should allow each country to set higher standards should they wish to do so. This process should be jointly initiated to allow for genuine shared ownership. I fully support all the amendments in this group and I hope that the Minister—although probably somewhat weary of the Committee’s deliberations—has his listening hat on.
Lord Deben (Con)
My Lords, I rise to be helpful to the Minister because I think Amendment 66, to which I have added my name, merely ensures that we do what the Government have said they want to do. I speak as chairman of the Committee on Climate Change because this amendment, as the noble Baroness mentioned, refers to international obligations beyond the European Union, one of which is the Convention on Climate Change.
I am particularly interested in this because for four years I was Secretary of State for the Environment at a time when the British did not have a great reputation for environmental action. I have to say to the Committee that I found the presence of EU law, particularly on bathing waters and water quality, extremely helpful. It was not always easy to convince my colleagues that we really did have less good drinking water than much of the rest of the European Union. They rather took my mother’s view, which was that the reason that people had bottled water in France was because their ordinary water was unacceptable. There was a general view, much promoted in the Daily Telegraph, that there was no need for improvement. I have to say that there was need. There was even more need, as Surfers Against Sewage made clear, to do something about our appalling bathing water standards. We were, after all, in much of the country pouring unreformed ordure—I do try very hard to use phrases that the Committee will not object to—into the sea. We were able to change that, not, I may say, without very considerable difficulty and arguments about the price and cost of doing it. It was within a context of EU law, and not just precise pieces of law but the context in which we accepted certain standards and values to which we could refer when it came to making our own legislation.
I have looked at this amendment very carefully, and I cannot find anything in it to which the Government could possibly object. If my noble friend is busy looking it up at the moment, no doubt he may find something, but I do not see anything to which the Government could object. There is nothing here which does not pass from EU law into our law, and that, after all, is the purpose of the withdrawal Bill. My noble friend has sometimes been somewhat sharp with me in suggesting that I am asking for something more, so I have not put my name to those things which have asked for something more—mind you, I might well come back and ask for that—but this amendment asks for nothing more than that which has been promised by the Prime Minister, by the Secretary of State for Defra and by other Ministers: namely, that our standards would be at least those of the European Union were we to leave the EU. This merely puts down that contention.
Frankly, I think that my noble friend, if he were to say that we cannot have this amendment—I very much hope that he is not going to say that—has to explain, first, what in it is additional to the mere passing of the law from the EU into our national law. Secondly, he must explain why it is unacceptable to the Government for this House to repeat what the Government have themselves said: not an unreasonable thing, I think, for it to do.
I said earlier that I rose to be helpful, and I meant it. There is very considerable concern throughout the country, not just from environmental organisations but from civic society generally, that the Government will not be bound in the future, were we to leave the European Union, in the same way as they are bound now within the European Union. There is widespread concern, felt not just by those who are opposed to our leaving the EU but also by people who voted to leave because they were promised that leaving would not make a difference, in any sense, to these things. I want to be helpful because, if we do not do this, very large numbers of people will vote with their feet because they will not trust any Government. I do not trust any Government on these issues. I do not just mean that I do not trust this Government: I have not trusted previous Governments. I have fought with all of them one way or another on these principles. That is why this amendment is so important.
The vital issue is that the environment needs to have a framework within which people can have confidence that their interests will in fact be met. In the past, we have had the framework of the European Union. The Government say we can have just as good a framework outside the European Union—well, this is the framework, and there is no reason why they should refuse it.
In the Pope’s encyclical Laudato Si’, he makes the absolutely fascinating statement that climate change is in fact to be seen as a symptom of the way human beings have dealt with each other and the planet upon which we live. He goes on to express his desire that we should learn again how we should behave not only to each other but also to the world. The very best series of explanations of how we should behave are to be found in this amendment. They have been honed and argued over the years in the European Union, and I spent a good number of years of my life debating them both in the Environment Council and in the Agriculture Council.
Baroness Ludford (LD)
Before the noble Lord, Lord Deben, finishes, does he agree that one essential EU measure is the urban wastewater directive of 1991, without which we would not have built the Thames super-sewer? I am less reticent than the noble Lord because, on a weekly basis, untreated raw sewage flows into the Thames right outside this House. We are already nearly two decades overdue in implementing that directive, and without EU law we would not be doing so at all.
Lord Deben
I am very glad to acknowledge the noble Baroness’s point, but I have tried hard not to stray into other things because I want the Minister to accept this amendment. If he does not, I have a fundamental question to ask him, because I do not think the Government are serious about what they have promised. If they are, they cannot oppose this amendment, and if they do not oppose it, why on earth can they not accept it? If the Minister tells me that we do not need it because of this, that and the other, he will have to go through each item and explain how it is totally passed into our law without this amendment. He will also have to explain it in such a way that it can be understood by all those people outside this House who are worried and concerned about this change from our membership of the EU.
Viscount Ridley (Con)
Will my noble friend explain something to me? He has just said “passed into our law”, but there is confusion, particularly in relation to what the noble Baroness, Lady Ludford, said, about environmental law. This is surely about environmental principles, which are really quite different. They are, on the whole, aspirations, with which many of us may agree, but they are not part of the legislation as such.
Lord Deben
I fear that my noble friend is not right on that, for two reasons. First, all environmental law in the European Union has been intimately connected with the principles upon which it is based. Indeed, you cannot understand the law unless you understand the principles. That has always been the situation. All we are saying is: let us make our law understandable by the principles to which we have assented and to which, we are told, the present Government wish to continue to assent. The distinction between principles and law is not correct in this case. Secondly, even if he were right—and I am not sure that he and I would always agree on the same aspirations as far as the law is concerned—it is very peculiar for the Government, having said that this is what they want, not to be prepared to put it into the law, because these are the very words to which the Prime Minister and other Ministers have referred. This is a distinction without a difference in this case.
Since my noble friend has raised it, I say that when we voted on these laws—some of which I did as a Minister—we did so on the whole package, which was the principles as adumbrated in the law itself. It is not possible to take the legal bits out without the principles, as he would suggest, because it is the principles that enable one to interpret what the law says. That has always been accepted. The Government, in their statements, certainly gave every impression that that was what they wanted to do. I very much hope that whatever my noble friend says about additionality—
Lord Pannick (CB)
I will to try to help the noble Lord out. It is not just what the Government say; it is what is in the Bill. Clause 6(3) makes it absolutely clear that retained EU law must be interpreted,
“in accordance with … retained general principles of EU law”.
The Bill recognises it.
Lord Deben
I am so pleased to have been supported by the noble Lord. I was rather afraid that he was going to find something that I had got wrong in the law and I would not like to argue with him, although I have done on occasions, as he knows, because I do not like lawyers to be left to themselves. But he has, with legal elegance, expressed what seems so obvious for anybody who has dealt with European law.
I say to my noble friend is that one of the problems we all have is that those of us who have worked in the European Union, who have argued these laws line by line, and who have worked with our neighbours to do this wonderful thing of bringing countries together to have common laws, encounter the constant difficulty that those who do not like the European Union do not understand the way it is done. Very often, the reason they are opposed to it is because they have never understood the brilliance of the mechanisms that we have there. We may lose them—I say “may”—but we do not want to lose the environmental protection that they have given us.
Lord Rooker (Lab)
The last time I checked, the environmental directorate of the EU had taken 34 cases against the UK Government, of which it had won 30. I did not want to interrupt the noble Lord, who was an absolutely first-class Environment Secretary. I know that because later I worked in planning with John Prescott, as he was then, and we were always referring back to the good work that he had done.
I would have asked the noble Lord: when he was Environment Secretary, how often was he assisted, in his dealings with the Treasury in delivering on our legal obligations, by the threat of infraction? The power to fine the Government that the Commission has does not exist anywhere in the UK. The Supreme Court does not fine the Government. I discovered, when I was at MAFF for two years, Defra for two years and the Northern Ireland environment office for a year, that the threat of infraction was a powerful sanction to the Treasury. When you were arguing about the money to do something—which we were required to do anyway but resources were short—the case to the Treasury was, “Enable us to do this, we will do a deal with our budget and everything else, because paying a fine is an absolute waste of public resources”, and that is what happened.
Most of our environmental protection today is as a result of being in the EU. Ministers wanting to deliver have been helped to do so by the threat of infraction. So the thing that is missing from all this—although the noble Lord, Lord Krebs, touched on it—is the governance and delivery of the sanction. If it is not delivered, what is the sanction? If it is not money, it will not work. The evidence is there. It has to be money. It cannot be the chair or board of whatever is set up saying to the Minister, “We don’t like what you’re doing. You’ve got to do something different”. The first time they use the nuclear option, they will not be on the board the following year unless their independence is locked in solid in legislation. The threat of a sanction of money is pretty important. Without that, the principles cannot be delivered.
Baroness Byford (Con)
I shall follow the noble Lord, Lord Rooker, because I put my name to Amendment 112, which calls on the Government to look at the independent body. When I spoke at Second Reading I said that it was essential that the proposed new body should have teeth, and I am very grateful to the noble Lord, Lord Rooker, for reinforcing that point. The questions that I posed then—I shall not repeat the excellent contribution of the noble Lord, Lord Krebs, because that would test the temper of the Committee to say the least—were: who staffs it? Who pays for it? Who interprets it? What relationship does it have with other agencies? It is key that the new independent body that we are promised should be set up in time, and Clause 112 sets down a timescale. It may be that the Minister is not able to accept the amendment as it stands, but it is hugely important that we realise the strength of feeling about getting this body in place in time so that the laws will be regulated in the way that they have been traditionally—so I totally accept what the noble Lord, Lord Rooker, said.
The noble Baroness, Lady Jones, mentioned the 25-year environment plan earlier. I hope I misunderstood her, because she is very good on her brief, but I think she indicated that there was no 25-year environment plan. I thought it was out: I have read it and was looking forward to responding to it. The Government are looking to go out to consultation on it. Is the Minister able to give the Committee any direction on the timing of that? Will it be a UK consultation or an England one with the devolved assemblies looking at it from their point of view as well, and will the new body reflect this? It is hugely important that it is a UK one because that is the law that, hopefully, we are taking over from the EU in the way it is now.
On the question of feedback on the environment side, there will be very great differences, I suspect, between how England responds and how Scotland, particularly, and Northern Ireland and maybe Wales do. There are some very real and slightly wider issues here. I think it comes to the amendment to which I added my name because I was clearly very unhappy that we had no timetable. We have no idea whether the body will have teeth or who will impose it—and, importantly for me, who will pay for it and how independent the person paying for it will be. These are questions that we need answered today. I have others, but that is enough from me.
Baroness Jones of Whitchurch
I will just clarify that I did not mention the 25-year environment plan. I referred to a new national policy statement setting out environmental principles, which I think is a different document. Otherwise, I agree with everything the noble Baroness said.
Baroness Young of Old Scone
My Lords, I share the anxiety of the noble Baroness, Lady Byford, about the timescales, particularly in respect of the consultation on EU environment principles and the establishment of a new independent environmental watchdog. A large amount of environmentally related legislation has to be got through over the next few months or a year: a fisheries Bill, an agriculture Bill and a huge wall of statutory instruments on environmental law are coming towards us. There are something in excess of 800 instruments in total, the last I heard, with a considerable number of those being environmental. I am anxious, along with many other noble Lords, about whether there is air time for this consultation before the legislation that needs to follow to establish the new watchdog. I would press the Minister to tell us about the plans for the consultation.
I also share the anxiety of the noble Lord, Lord Rooker, about whether there will be real welly behind the regulator. I was chief executive of the Environment Agency, the environmental regulator, which had to help negotiate the urban wastewater treatment directive infraction proceedings that produced the Thames tideway. In spite of wanting and willing there to be an example elsewhere in the world of a body established by a Government that is capable of fining its own Government —and hence its own establishing power—I have not been able to find one. I hope, however, that Ministers will look assiduously at producing that result.
In the spirit of the noble Lord, Lord Deben, with the great hope that I am not going to be his unrefined ordure, I will also briefly help the Committee with another couple of examples about why the environmental principles are important. When I was chairman of English Nature, the debate about genetically modified crops was raging. There was huge public concern and the Government were in an impossible position, with the multinational American-based companies pressing very hard to have GM crops introduced. There was huge alarm about the release of triffid-like plants resistant to all known weed-killers and capable of killing insects stone dead at a distance of 100 paces. But the reality is that had there been an uncontrollable release of GM crops, it would have been more than unfortunate for biodiversity, agriculture and food security.
Viscount Ridley
Let me give the noble Baroness the chance to get her voice back by intervening on what she knows is one of my favourite subjects. Would she not accept that, many years down the line, we now know, because of the meta-analysis by Göttingen University, among other research, that the introduction of genetically modified crops has not led to triffid-like explosions, but has led to a reduction in the use of pesticides, on average, by 37% across the globe? That is something I think she would support.
Baroness Young of Old Scone
Perhaps I could continue our long-standing discussion with the noble Viscount outside the Chamber, to avoid the Committee having to listen to us going through that. The important point is that the principles helped us get a framework for thinking about the issues. That was very important at a time when that meta-analysis was not available.
Another example is our current position on the common agricultural policy. It was introduced before some of these environmental principles were refined and used in European legislation. As a result, we are now in the ridiculous position where the polluter pays principle would have helped us, as taxpayers and as water company customers and payers, avoid paying farmers twice. We are paying water companies to pay farmers to stop doing something that, as taxpayers, we are paying farmers to do. The polluter pays principle, had it existed when the common agricultural policy was first set in place, would have been a hugely valuable way of preventing that very wasteful situation.
Baroness Miller of Chilthorne Domer (LD)
I shall speak to my Amendment 67A, which sets food production within the context of Amendment 66. I heard what the noble Baroness, Lady Jones, said at the beginning and I completely appreciate that Amendment 66 is predicated, or modelled, on the original frameworks. But I want to draw out what is implicit in proposed new subsection (4)(c), which concerns,
“the prudent and rational utilisation of natural resources”.
Part of that is about farming and food production, which we touched on when we debated animal sentience. But the importance of food security, the quality of the food available to us and the price at which that food comes will be founded on the sort of principles that we choose to put into the Bill. I shall give a couple of examples that illustrate this very well.
The first of these would be pre-emptively dosing intensively farmed animals with antibiotics. Is that reckless; is it against the precautionary principle? Yes, it is. It has led to massively increased incidences of antibiotic-resistant bacteria in both animals and humans. Of course, that has had huge cost implications.
We have often talked in this House about the implications of agriculture for climate change. There is a choice coming up for agriculture, which contributes an estimated 11% to total global warming potential. There are better ways. We are looking at no-till agriculture, which will enable the soil to retain more carbon, and so on. I will not detain the Committee with all the details.
The amendment rightly talks of,
“the prudent and rational utilisation of natural resources”.
We have taken for granted for a long time that we have possibly the best grass-growing conditions in the UK: good soil and sufficient rainfall. The amendment is important because it says we must not go on taking any of this for granted. The issue of food production is something the public are rightly very concerned about. Food security is another issue. The principles in the Bill may seem a little esoteric, but when you bring it down to food—what is on the shelves of your local shops or, in the worst-case scenario, is not on the shelves of your local shops—the public will appreciate how right this House would be to debate and insist on these environmental principles being in this Bill.
The Earl of Caithness (Con)
I shall speak to Amendments 112 and 113 and support what has been said by the noble Lord, Lord Rooker, and my noble friend Lady Byford. It will come as no surprise to the Committee, because I have talked on this subject in our debates on the environment. I reinforce what my noble friend Lady Byford said: the new body that is to hold the Government to account must be independent and properly financed. I suggest to my noble friend the Minister that it should be financed by more than one department; if it just comes out of Defra’s budget, that will not be satisfactory. It needs to tie in with all the other departments, which need to contribute financially towards it.
Lord Deben
Is it not also important that the funding should in some way be protected? One of the real ways to overcome the toughness of independence is by funding being restricted. There needs to be some kind of exterior auditor that ensures that the funding is sufficient for the job.
The Earl of Caithness
That is a very valid point. Whatever Government are in power have always found funding bodies an extremely difficult thing to do on a continuous basis.
I was going to come to my noble friend Lord Deben and say just a couple of things to him. He should read what my noble and learned friend Lord Mackay of Clashfern said on the previous amendment, on principles. Also, when he was Secretary of State he took on an improving situation—and, of course, he forgot to mention that we were world leaders in combating the damage to the ozone layer.
We are speaking to Amendment 67, tabled by the noble Lord, Lord Judd. I am sure we all agree with him on the question of biodiversity, but whether it is relevant to have that in the Bill is debatable. I disagree with him, however, on how good the EU has been about biodiversity. If he is giving so much praise to the EU, why has biodiversity continued to decline? Why have the wild birds he mentioned continued to decline? It is largely due to EU policies, particularly the common agricultural policy. One benefit from getting out of the EU is that we will be able to do something quite positive and new for biodiversity and our wildlife, but that will mean a divergence from Europe.
The Countess of Mar
My Lords, I support Amendment 66 and the words of my noble friend Lord Krebs. I put in a note of caution here. The noble Lord asked that we mirror European law as it stands. Hot off the press came an announcement yesterday—I thank the European Environmental Bureau for this—with the headline, “Precautionary in principle, flawed in fact: European Commission review accepts environmental groups’ criticism of chemical regulation”.
The noble Lord, Lord Gardiner of Kimble, whom I am pleased to see is in his seat, knows how I have campaigned tirelessly about Roundup and glyphosate. I cite some of the points that have been made. There was a five-year review of the REACH regulation—the manner by which chemicals are regulated in the European Union. These are usually single chemicals, not mixtures. The licensing of mixtures depends on each country individually. It says:
“However, the Commission review highlights problems with substance registration dossiers, the failure to correctly apply the crucial precautionary and burden of proof principles and specific issues with REACH processes, particularly evaluation, restriction and authorisation”.
In the case of glyphosate, Monsanto has consistently hidden research that has shown that it is carcinogenic and affects the kidneys and liver. It is only now coming out after huge freedom of information requests in the United States. The European Union has chosen to ignore all that evidence; it has not asked Monsanto for it. As a result, we are being exposed to glyphosate; something like 90% of the population has glyphosate in their urine. We do not really know what the health effects are. We do know that the effects on the environment are not good. I therefore support the amendment, but I also ask that we do not mirror the behaviour of the REACH organisation and that we tighten up our own principles and make sure that we get it right.
Baroness Featherstone
My Lords, I rise to speak to Amendment 108, to which I added my name. We have become used to relying on the EU to oversee our compliance with directives—including those highlighted in Amendment 108—and that what we commit to is delivered. We are tested and, if we are found wanting, there are consequences. However, as the Secondary Legislation Scrutiny Committee said in its 19th report:
“The UK’s withdrawal from the EU raises questions about the effectiveness of oversight and enforcement of these commitments in the longer term”.
As the noble Lord, Lord Krebs, said, without enforcement, what is the point of the law?
Given that in Amendment 108 we are talking about a range of pollutants, including the five main air pollutants, the ambient air quality directive—which sets legally binding limits for concentrations in outdoor air of major air pollutants that impact public health, such as particulate matter and nitrogen dioxide—and other directives, this is a really crucial issue. We know from Defra that some of the existing mechanisms that we currently rely on to scrutinise whether we are keeping up to the environmental standards to which we are signed up are not being carried across.
As has been raised by other noble Lords, the Government said when they presented the 25-year development plan, “Don’t worry, we are setting up a new body to oversee all of that”, but what will it comprise? To what standard will it be judging? What powers will it have? If the consultation on all that is yet to start, what is the timetable for it to be up and running? And where is it in the Bill? Surely we need it in the Bill. Maybe the Government will come forward with an air quality Bill, but how on earth will that get into our law in time?
This amendment makes certain that we cannot fall foul of not having thought of something or set up new arrangements in a timely manner. It means that those of us who are concerned in this regard can cease our concern. The Government must not leave us in a situation where there is any chance or ability to lessen—whether by accident, desire or timing—the environmental protections that we currently enjoy, and I hope that the Minister can give us assurance on that.
On Amendments 66, 112 and 113, I simply say that, if the Government are sincere in their stated commitment —as the noble Lord, Lord Deben, said—to uphold all the environmental commitments that we are signed up to and to uphold the spirit of the transfer of EU law into UK law, they should have absolutely no hesitation in supporting all these amendments.
Lord Renfrew of Kaimsthorn (Con)
My Lords, I rise to support Amendment 66 and, in particular, to indicate my concern that these environmental principles should apply as much to the historic environment—including the built environment—and to the archaeological record as to the natural environment. It may be that—and I think that the noble Countess, Lady Mar, would prefer it—for the sake of clarity, a separate amendment should be introduced on Report to deal with archaeological and historical concerns.
It is now well established that the scheduling of ancient monuments and the listing of historic buildings, valuable though they are for the most conspicuous sites, are insufficient to protect rural landscapes and historic town centres. Indeed, planning authorities regularly make the provision of prior archaeological investigation a condition for the granting of planning consent for developments, whether for roadworks, motorways or new buildings.
Archaeological concerns are enabled and can be met by the application of environmental principles, which are codified in Article 191 of the Treaty on the Functioning of the European Union. These principles provide safeguards against adverse policy change and provide a basis for legal challenge. At a time when the Government are rightly encouraging the building of new housing—which is to be welcomed when proper safeguards apply—it is important that damage to the historic environment should be avoided where possible and that the polluter should pay when mitigation is needed. They should, for instance, fund the necessary archaeological excavation and the publication that should necessarily follow archaeological fieldwork undertaken in advance of development.
The Council for British Archaeology and the Chartered Institute for Archaeologists support Amendment 66, as well as Amendments 112 and 113, and would welcome a statutory footing in United Kingdom law for these principles. The Minister in his reply may give assurance that such an amendment is not necessary. Such an assurance could, indeed, give some comfort to the archaeologists who are concerned about these issues and who do not wish to see any weakening in the way archaeological remains are currently protected by the laws relating to planning and by the planning policy guidance. The guidance which is at present followed in general works quite well but a policy does not have the strength of legislation, and this is surely the time to work in that direction. For these reasons I support Amendment 66 and would welcome an assurance that either this amendment will be accepted or that a government amendment will be introduced on Report which would meet these concerns.
Baroness Jones of Moulsecoomb
My Lords, as a passionate environmental campaigner, I am distressed by the Government’s attempt to cut out social and environmental protections from the Bill. Their record on these issues is not particularly good and so I hope that they will rethink their opposition to these amendments. As an environmental campaigner I have had quite a few brushes with the law, but I have never had much to do with lawyers. Here in your Lordships’ House we are very fortunate to have a considerable number of noble and learned Lords who give us the benefit of their expertise. I have noticed that they often disagree, and very strongly. Therefore, surely keeping these issues in the Bill would save an awful lot of legal time and legal argument and would be better for the Government. I say that in a spirit of total helpfulness and support. Therefore, I urge the Government to rethink their opposition to these amendments. That seems axiomatic to me given that they promised to keep EU law as it is and to bring it all over. As the noble Lords, Lord Deben and Lord Whitty, mentioned, the Government promised to do that. I ask them please just to do it.
Baroness Brown of Cambridge (CB)
My Lords, I support Amendments 66, 108, 112, 113 and 317, but noble Lords will be glad to hear that I will not speak to them. However, I would like to speak to Amendment 186 in the name of the noble Lord, Lord Adonis, to which I have added my name. This amendment is something of a change of subject as it is about the EU Emissions Trading Scheme and seeks to keep the UK in the EU ETS. The clean growth strategy says that the Government are considering the UK’s future participation in the EU ETS post Brexit. It would certainly appear possible to stay in the EU ETS. Iceland, Liechtenstein and Norway participate in it. For a range of reasons it certainly appears to be a good idea.
On Friday, the Prime Minister told us that she wants to secure,
“broad energy co-operation with the EU”,
and to protect the single energy market on the island of Ireland and the UK’s participation in the EU internal energy market. This will be easier if we are in the EU ETS. The clean growth plan anticipates increases in electricity imports from Europe via interconnectors. This will be easier and fairer on UK generators if we are in the EU ETS.
The global direction of travel is one of growth in global carbon markets. The larger they are, the more efficient at delivering decarbonisation at least cost. The EU ETS and the Chinese market are the two biggest global markets, so I suggest that we might want to stay in the EU ETS. If the UK continues to make good progress in reducing emissions compared with our European neighbours, which I sincerely hope it will, we will have credits to sell in the EU ETS as the carbon price rises, bringing income to the Exchequer. That is another good reason to stay in the EU ETS. The accounting for our current carbon budgets is based on the fact that we are members of the EU ETS, so to retain the same level of ambition in emissions reduction, we would need to reset the levels of the fourth and fifth carbon budgets in legislation. It is not a huge challenge to redo the accounting but I think it would just make it slightly easier if we stayed in the EU ETS. I would like to ask the Minister to tell us more about the Government’s intentions. Should we not stay in the EU ETS?
Lord Cormack (Con)
My Lords, I wish to make two very brief points. First, I want to endorse entirely what my noble friend Lord Renfrew said. The points he made on the archaeological issues are of very great importance indeed, and it is crucial—I speak as a fellow of the Society of Antiquaries and a former vice-president of that body—that these points are taken into account.
My other point, in a slightly lighter vein—but still with serious intent—is to support my noble friend Lord Deben, who made a splendid speech. As he made it, I could not help but remember an Adjournment debate in the other place, over 30 years ago, when the late, great Reggie Bennett mentioned the problems that he had enjoying his favourite sport of swimming off the south coast. He said, “Mr Speaker, there are very few beaches onto which I can now go and swim. All I can do is go through the motions”. That just brings home, in a very simple but important way, that we owe a lot to directives that have come from Europe and been brought into our laws. My noble friend Lord Deben referred to that in his speech; he played a very important part in that regard. It is easy to bash directives—we have all done it; I have done it—but collectively, we owe a great deal to what has come out of Europe on the environment, and been sustained and endorsed in this country.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, the issue of environmental protection was widely debated during the Bill’s passage through the other place. Of course, it has now been widely debated, with great ability, by many noble Lords here. We have already had a thorough debate on the important topic of animal sentience and I am grateful to noble Lords for their amendments on that issue and on the wider issue of maintenance of EU environmental principles.
Although I welcome the sentiments behind these amendments—Amendments 66 and 108, in the name of the noble Baroness, Lady Jones; Amendments 112 and 113, in the name of the noble Lord, Lord Krebs; Amendment 67, in the name of the noble Lord, Lord Judd; and those in the names of the noble Lords, Lord Adonis and Lord Wigley, and the noble Baroness, Lady Miller of Chilthorne Domer—I believe them to be ultimately unnecessary, for reasons I will now set out.
As my noble friend Lady Byford indicated, on 11 January, the Prime Minister launched the 25-year environment plan. That sets out our determination to leave our environment in a better state than how we found it and outlines steps to achieve this. Launching the plan, the Prime Minister stated:
“Let me be very clear. Brexit will not mean a lowering of environmental standards”.
Of course, we are committed to internationally recognised environmental principles, as set out in the Rio Declaration on Environment and Development in 1992, known as the Rio principles. This declaration includes the ideas behind a number of the environmental principles listed in Amendment 66, including sustainable development, the precautionary principle, the polluter pays principle and access to environmental information. These, as well as other principles, are also features of multilateral environmental agreements to which the UK is a party. For example, the OSPAR Convention—the Convention for the Protection of the Marine Environment of the North-East Atlantic—and the Gothenburg Protocol on air pollution both apply the precautionary principle.
Although these principles are already central to government environmental policy, they are not set out in one place. That is why the Secretary of State for Environment, Food and Rural Affairs announced on 12 November our intention to create a new comprehensive policy statement setting out our environmental principles. The new policy statement will draw on current EU and international principles and will underpin all our future policy-making. The Secretary of State for Environment, Food and Rural Affairs also announced on 12 November our intention to consult on a new, independent and statutory body to advise and challenge government, and potentially other public bodies, on environmental legislation, stepping in when needed to hold these bodies to account and to be a champion for the environment.
In reply to the noble Lord, Lord Krebs, my noble friends Lady Byford and Lord Caithness and other noble Lords, this year we will consult widely on the details of the announcement from the Secretary of State for the Environment—I apologise to noble Lords that I cannot be more specific about a date at the moment. That consultation will explore the precise functions, the remit and powers of the new environmental body, and the nature, scope and content of the new statement on environmental principles. This will be the start of a detailed conversation with stakeholders. There are many stakeholders in this area and it is important to gather their views before coming to any decisions, which is why I cannot be more definitive at this stage on timescales.
Lord Krebs
My Lords, is the Minister familiar with Einstein’s theory of relativity? The reason I ask is because if you do the sums, I reckon that there is just over 12 months to go between now and the proposed date of exit from the European Union. We are talking about a three-month consultation period—starting heaven knows when, because we still do not know when the document for the consultation will be launched—then we have perhaps another nine months to pass an environment Bill through Parliament, if it is to be a statutory body, and then perhaps another six months to set up the organisation, fund it and appoint the staff. That sounds like a minimum of 18 months to go into 12. But of course, as Einstein pointed out, if you can travel at a speed faster than 186,000 miles per second, you can stretch time, so I hope that the Minister is proposing to invoke Einstein’s theory of relativity in ensuring that the body will be in place by the proposed date of exit.
Lord Callanan
I will take that as an observation rather than a question.
Amendments 66 and 67 would prejudge the outcome of the forthcoming consultation by setting requirements in legislation now. The result could be that we need to amend the legislation after we have considered this important input from stakeholders. I will say a few words in response to my noble friend Lord Deben’s points in a second. I am disappointed that he thinks that I am sometimes a little sharp with him; obviously, we do not often agree on many things, but I hope that I am as transparent as I can be with him.
Amendment 66 also goes further than the existing principles set out in EU and UK law today. In particular, it would introduce a new power for courts to declare provisions in primary or secondary legislation to be incompatible with the environmental principles. This power does not currently exist in either EU or UK law.
I will go a little further. The precautionary principle is included in, for instance, the REACH regulation and the invasive species regulation, so it will be preserved by the Bill in those areas. Similarly, the polluter pays principle, referred to by a number of noble Lords, is referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, which will also be preserved by the Bill. EU case law on chemicals, waste and habitats, for example, includes judgments on the application of the precautionary principle to those areas, which will, likewise, be preserved by the Bill.
The purpose of the Bill is to convert and preserve the law so that after exit it continues to operate as intended. This includes many of the directives referred to, such as the wild birds and habitats directives, as transposed through domestic legislation. It is not appropriate for the Bill to introduce new powers of this kind.
Lord Deben
My noble friend has explained that some things are already there. Can he give me an undertaking that if we were in consultation to remove from this amendment anything that is additional to where the European Union now is, he would accept this amendment? That is the issue. If we were to do that, would he accept the amendment?
Lord Callanan
I cannot give an assurance that we would do that. This is about legal certainty—taking a snapshot of existing laws and transferring them into UK law as it is. It is not about creating new powers within the Bill. There will be a further opportunity to discuss this when we publish our proposals for the new body.
Lord Deben
I have not said “new powers” or talked about creating legal certainty. He keeps using that phrase. I merely said that if we amend this so that there is no additionality to what is already in European law, will he accept that as an amendment?
Lord Callanan
If a new amendment is put forward, of course we will look at it and consider its legal implications. I can give that assurance.
On Amendment 112, our starting point is that the new statement of principles and the environmental body should cover England and environmental matters that are not devolved. To respond to the point made by the noble Lord, Lord Wigley, if the devolved Administrations would also like to take action on these issues, we are open to co-designing the proposals to ensure they work more widely across the UK. We would need to take account of the different government and legal systems in the home nations, as well as the different circumstances in the different parts of the UK. This amendment risks compromising consideration of these important issues as well as the wider devolution settlement by requiring the UK Government and devolved Administrations to consult jointly on UK-wide proposals for governance and principles.
On Amendment 113, the secondary legislation made using the powers under Clause 7 will be subject to parliamentary oversight, using well-established procedures. This amendment would require us to make all the regulations within one month of Royal Assent. This would not allow time for stakeholder consultation and would also not allow sufficient time to make all the SIs—noting that affirmative SIs take longer than one month to be laid and made.
Many areas of environmental policy are devolved. This amendment would require the Secretary of State to make regulations for all the UK, which would be contrary to the devolution settlement. It would also require the creation and maintenance of a register of functions indicating who is responsible to perform them before leaving the EU and who will be responsible after we leave the EU. This is a bit of bureaucratic procedure that has no added value. The SIs under the Bill will set which UK body will perform functions, such as the various regulatory functions.
On Amendment 108, the UK Government laid legislation transposing the national emission ceilings directive in Parliament on 1 February 2018, demonstrating our clear commitment to improving air quality. This legislation implements ambitious, binding emission reduction commitments for 2020 and 2030 into domestic law. Air quality has improved significantly over recent decades, with the UK reducing emissions of all the major five air pollutants. For example, since 1970 we have reduced emissions of nitrogen oxides by 69%, emissions of PM10 by 73%, and emissions of PM2.5 by 76%. Emissions will continue to reduce thanks to the action we have already taken, and we will publish a new clean air strategy in 2018 setting out how we will work towards our 2020 and 2030 commitments.
The Bill will ensure that the body of existing EU environmental law continues to have effect in UK law. It will be for Parliament—and, in some cases, for the devolved legislatures—to make any future changes in legislation after we have left the EU. The power under Clause 7 will be used to amend legislation to ensure continued operation of legislation, enabling the Government to continue to meet their environmental objectives.
Amendment 186, tabled by the noble Lord, Lord Adonis, and to which the noble Baroness, Lady Brown, spoke, would compel the Government to set out a strategy on the EU emissions trading system. This amendment is unnecessary given that our Clean Growth Strategy, published last year, clearly sets out our guiding principles on reducing emissions. We are considering the UK’s future participation in the EU ETS after our exit. We remain firmly committed to carbon pricing as an emissions reduction tool, while ensuring that energy-intensive and trade-intensive businesses are appropriately protected from any detrimental impacts on competitiveness.
Lord Adonis
The Minister said that the Government are “considering”; does that mean that they might propose to continue our membership?
Lord Callanan
This is a matter for the negotiations but it is certainly one of the factors we are considering. We will seek to ensure that our future approach is at least as ambitious as the current arrangements. Furthermore, we have set ambitious emissions reduction targets framed by the Climate Change Act 2008; leaving the EU does not change that.
As I have said, the purpose of the Bill is to ensure continuity and clarity in our laws without prejudice to the ongoing negotiations with the EU. I do not believe this amendment would help to achieve that, and I hope noble Lords will not press it.
I shall say a word on Amendment 260, also tabled by the noble Lord, Lord Adonis, which seeks to restrict the use of the Clause 17 power to weaken environmental protection. I reassure the noble Lord of the Government’s commitment to maintaining our strong environmental protection as we leave the EU. As such, it is essential that we ensure that the legislation which protects the environment remains coherent and tidy, so that it continues to function effectively after our exit.
While the noble Lord’s amendment is well intentioned, we cannot accept it. This is because it would restrict the Government’s ability to ensure that the consequences of the Bill—most notably the repeal of the ECA—were reflected throughout the statute book. It would also restrict the Government’s ability to bring to an end tidily the law and procedures that the Bill repeals. This is a vital part of providing businesses and individuals with the continuity and clarity needed for when the UK leaves the EU.
I want to make clear that these powers may be used only in consequence of, or in connection with, the coming into force of a provision of the Bill itself, not our withdrawal from the EU. Any changes made to environmental legislation to deal with the consequences of provisions of the Bill will be purely to ensure that the changes caused by this Bill are properly reflected in the statute book. To continue to work effectively and appropriately, the statute book must be tidy. It would not be proper, for example, that once the Act has been repealed, there are still references to the ECA lingering in a ghostly way across the statute book. This does not include adjusting important environmental legislation where—although I cannot imagine how this would diminish environmental protection—there must be no uncertainty as to whether the Government can make these statutes clear and up to date, ensuring their effectiveness by reflecting the consequences of this Act.
Case law and an array of legal authorities provide a very narrow scope for Governments to exercise powers of this type. As such, they cannot be used to make bigger, more substantive changes to equalities, human rights or environmental legislation; if needed, these will likely arise from our withdrawal from the EU and not from the effects of this Bill. They would therefore be made using the Clause 7(1) power where there is a deficiency arising from withdrawal. In this way, both minor technical amendments and more substantial amendments will be subject to appropriate scrutiny procedures. I hope the noble Lord is satisfied that the Government remain committed to maintaining environmental protections throughout the process of leaving the EU, and that this will enable him not to press this amendment.
I turn to Amendment 317, tabled by the noble Lord, Lord Wigley, which proposes a new clause in relation to common frameworks for environmental protection. As noble Lords will agree, protection of the environment is a key concern and I am grateful to him for raising this important issue. Common approaches are being considered in a number of areas, which will help to provide the necessary environmental protections. While the UK Government and the devolved Administrations sometimes make different choices on implementation of some policies, these common rules provide significant benefits, such as making it simple for businesses from different parts of the UK to trade with each other and enabling us to meet our international obligations and, therefore, protect our common resources. This is pertinent to the environmental commitments and protections that he rightly raised.
The proposed new clause would require the Government to publish consultation proposals for the replacement of European frameworks with UK ones. It is not the position of the UK Government, nor of the devolved Administrations, that the existing EU frameworks will be replaced by our own common frameworks in every instance. Noble Lords will be aware that the Government have been working closely with the devolved Administrations to determine where future frameworks—legislative or non-legislative—will be required when the UK leaves the EU. We are making good progress in constructive discussions, which continue to be guided by the principles agreed at the Joint Ministerial Committee on European negotiations in October 2017.
We hope, of course, to make further significant progress over the coming weeks and months. However, I recognise the importance that this is not just a conversation between Governments. The increased scrutiny and input of Parliament, the devolved legislatures and wider stakeholders are therefore welcomed as discussions on these issues move into a greater level of detail. As we move forward, this wider engagement will include stakeholders interested in the environmental issues that the noble Lord has raised. I therefore hope my reassurances will enable him not to press his amendment.
Finally, I turn to Amendment 67A, tabled by the noble Baroness, Lady Miller. I agree that it is vital to continue to support our fantastic farmers and growers as we leave the EU. The Government are determined to grow more, sell more and export more of our great British food and drink. Indeed, such exports reached a record level of £22 billion in 2017. On 27 February, the Government launched a formal public consultation, inviting views on a range of possible paths to a brighter future for farming. Health and Harmony: The Future of Food, Farming and the Environment in a Green Brexit describes how, in future, money can be redirected from direct payments under the common agricultural policy—which are purely based on the amount of land farmed—to a new, more appropriate system of paying farmers public money for public goods such as, principally, their work to enhance the environment and invest in sustainable food production. Other public goods which could be supported include investments in technology and in skills to improve productivity.
The consultation seeks views on the huge opportunities that exist for UK agriculture to improve its competitiveness: developing the next generation of food and farming technology, adopting the latest agronomic techniques, reducing the impact of pests and diseases, investing in skills and equipment and collaborating with other farmers and processors. It also discusses the introduction of an agriculture Bill that breaks from the common agricultural policy, providing the UK with the ability to set out a domestic policy that will stand the test of time. This could provide legislative powers, including measures to create new schemes to promote and increase agricultural productivity and resilience.
The Government are vigorously pursuing the measures needed to create a strong, profitable and sustainable future for food producers in this country. Our plans will be strongly influenced by information and evidence from the very many stakeholders in the industry. I hope my reassurances will enable the noble Baroness not to press her amendment.
Baroness Crawley (Lab)
We understand that consultation has yet to start on this new watchdog—that is, on the type of watchdog that we want in the future. However, perhaps the Minister would give us a clue as to what the Government would like to see as far as powers for this watchdog are concerned. For example, would they like the new watchdog to have the same sanctioning powers on Governments that the European Commission has at the moment, to which my noble friend Lord Rooker referred?
Lord Callanan
I thank the noble Baroness for her interest in this. I am sure she will understand that I cannot go any further at the moment. We hope to launch the paper shortly, but all these matters—what powers it will have, et cetera—will be a matter for the consultation.
Lord Hannay of Chiswick (CB)
The noble Lord has given us a trailer on the consultation for the new agricultural system. Will he tell us which of the elements that he has referred to could not be introduced under the common agricultural policy as it is currently practised?
Lord Callanan
As the noble Lord is aware, I said that the common agricultural policy is based on land-based production subsidies, whereas we can now move to other, different policies instead. This is one of the benefits of Brexit; the common agricultural policy has been one of the worst things the European Union is responsible for.
Lord Wigley
On that very point, if there is going to be a new, overarching agricultural Bill, will the Minister confirm that this would be applicable only to England, since agriculture is totally devolved to the three other nations?
Lord Callanan
Yes, I believe Scotland, Wales and Northern Ireland will be able to pursue their own policies in this regard—which is another benefit of Brexit.
Baroness Jones of Whitchurch
My Lords, I thank everyone who has contributed to this debate, and I thank the Minister for trying to set the record straight on this issue. As the Bill has progressed, I have sat through many happy hours listening to lawyers around the Chamber making some very thoughtful and considered contributions about the meaning of different parts of the Bill. Very often, we non-lawyers end up wondering whether these things matter or whether it is a case of dancing on the head of a pin. Then, of course, you begin to realise that they do matter and that some of these disagreements concern very profound and important points for our future, and I have felt that again today.
I have listened to a number of disagreements about what is and is not in the Bill and what guarantees we can and cannot have on the environmental principles that are already in the Bill. I have also listened to the guarantees that the Minister has attempted to give. However, in addition to the views that have been aired around the Chamber today, we have had our own legal opinion, which says something very different—that the principles that we are trying to outline are not readily embraced by and incorporated in the Bill. That is why we are trying to put them in with this new wording. Those legal differences are not just about the environmental principles that we have been debating; they are also about the recitals and preambles that we dealt with in an earlier debate. Therefore, there are some profound legal differences that need to be resolved at some point.
The Minister kept saying that he wanted to provide legal certainty, but I think that we are ending up with legal uncertainty, which is precisely what our amendments attempt to deal with. Amendments 66, 112, 113 and 317 give clarity. They spell out in detail in one simple form what the principles and the Government are attempting to achieve. You do not have to cross-reference different parts here and there to see what that might entail; the amendments spell it out in simple detail. I think that there is a lot to be said for proceeding on that basis as far as a layperson is concerned. As the noble Lord, Lord Deben, said, we are not asking for anything more; we are just asking for what is in the existing provisions. We are just trying to put it into language that most people would be able to understand and not tie it up in legal knots.
Lord Deben
Perhaps I may ask a single question. Would the noble Baroness be willing to sit down with the Minister and go through this amendment, removing anything from it which is not in the present law so that he would have a chance to accept it on Report?
Baroness Jones of Whitchurch
Yes, absolutely. In fact, I would go further than that. I am sure that we could provide the evidence not only in terms of international obligations but in terms of Article 191, where all these things can be found. However, let us do that trade and see where the gaps lie, and perhaps we can make some progress on that basis. Certainly, we would welcome any opportunity to iron out some of the differences that appear to exist.
The Minister made reference to the 25-year environment plan—which is great—and to the PM speaking about the need to have comparable environmental rights. Again, of course that is fine, but it is not the same as having the legal certainty of something being in the Bill. Furthermore, I think I said in my opening speech that the new policy statement on environmental principles will not have the same legal status as something that is on the face of the Bill. Therefore, we need that further certainty.
The Minister made reference to a number of consultations that are taking place. That is fine but we get only one stab at this Bill and we are being asked to accept an awful lot of promises regarding things coming on stream in months or, sadly, even longer—issues that should be set out in the Bill. It is unfortunate that we are being asked to accept that there will be deadlines for these things. The noble Lord, Lord Krebs, referred to Einstein’s theory of relativity, clearly making the point that these timetables are just impractical in terms of getting everything consulted on and in place by Brexit day. As I said, we would very much welcome the chance to work some of these things through so that we can have more certainty.
The noble Lord, Lord Wigley, made a very strong case for common frameworks. Again, I do not think that they are properly captured in the Bill, and I know that this comes up again in other sections of the Bill. Quite frankly, I would have thought that the Government would bite his hand off for the opportunity to sit down and talk about it. The noble Lord made a very compelling case. Certainly on the environment, the need for those common frameworks, despite devolution, is absolutely imperative. Therefore, I hope that there can be further discussions around that as well.
“Equality and discrimination
(1) The purpose of this section is to ensure that the withdrawal of the United Kingdom from the EU does not diminish protection for equality in domestic law.(2) All individuals are equal before the law and have the right to the equal protection and benefit of the law.(3) All individuals have a right not to be discriminated against by any public authority on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.(4) The following provisions of the Human Rights Act 1998 apply in relation to the rights conferred by subsections (2) and (3) as they apply in relation to Convention rights within the meaning of that Act—(a) section 3 (interpretation of legislation);(b) section 4 (declaration of incompatibility);(c) section 5 (right of Crown to intervene);(d) section 6 (acts of public authorities);(e) section 7 (proceedings);(f) section 8 (judicial remedies);(g) section 9 (judicial acts);(h) section 10 (power to take remedial action);(i) section 11 (safeguard for existing human rights); and(j) section 19 (statements of compatibility).”
Lord Wallace of Tankerness (LD)
My Lords, Amendment 70A stands in my name and that of the noble Lord, Lord Low of Dalston, and the noble Baroness, Lady Lister of Burtersett. It seeks to insert a new clause on equality and discrimination to ensure that the withdrawal of the United Kingdom from the European Union does not diminish protection of equality in our domestic law.
In their White Paper Legislating for the United Kingdom’s Withdrawal from the European Union, it is fair to say that the Government set out very strong commitments to continuing many of the equality laws that exist. Indeed, on Monday evening the noble Lord, Lord Duncan of Springbank, in replying to a debate on family and employment law, gave a very forthright and unequivocal commitment to retaining employment law and things such as the working time directive after we leave the European Union. On page 16 of that White Paper we were promised that,
“all the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU”.
As I said, the purpose of the amendment is to ensure that that is future-proofed.
It is fair to say that the relationship between the development of equality law in the European Union and domestically in the United Kingdom is almost what you could describe as symbiotic. There is no doubt that in many cases—I think this has already been aired in earlier debates—the minimum standards set down by the European Union have been exceeded by what has been brought in in the United Kingdom. On other occasions, the changes that have come about—for example, in 2003 with the expansion of protected characteristics to cover sexual orientation and religion or belief and a subsequent extension to cover age—have been as a result of European law. However, the extension to cover goods and services saw our domestic law overtake that of the European Union. Therefore, there has been progress, but an important part of that has been our membership of the European Union.
It is important to recognise that the Women and Equalities Select Committee of the House of Commons, in a report in February 2017, concluded:
“Ensuring that equality protections are maintained is not simply a matter of transposing existing EU law. In order to protect rights, the Government needs to take active steps to embed equality into domestic law and policy. The steps we recommend would entrench equality into the UK legal and policy framework and would ensure that the UK retains a strong, undiminished record of equality after it leaves the European Union”.
The purpose of the amendment is to give substance to that conclusion of the Women and Equalities Select Committee in the other place, and I am indebted to the Equality and Human Rights Commission for instigating this amendment.
As I have indicated, equality rights are currently underpinned by EU law. The right to equal pay for work of equal value, the protection of pregnant workers and many others cannot be removed from our domestic law as long as we are part of the European Union. However there are concerns that at some stage in the future a Government—not necessarily the present Government—may seek to erode these rights. The amendment seeks to provide an overarching domestic guarantee of non-discrimination by the state—in other words, a homegrown replacement for the safety net for equality rights which are currently provided under EU law.
Of course, a sovereign United Kingdom Parliament could at any stage repeal this provision but if it is in statute it would be much more difficult to take it away after it has been clearly set out. The Government’s difficulties in trying to remove the Human Rights Act show that when legislation is in statute it achieves a certain safeguard which Governments have to think twice—if not three or four times—about before trying to dismantle.
The right of equality builds on our common law principle of equal treatment without discrimination and is an important signifier of what kind of country we want to be after we leave the European Union. It is similar to what was said in the previous debate on environmental protection. Many of the environmental protection laws have come into the United Kingdom through the European Union. We have often built on them but, as we look forward, we want to be a green country which values fairness and equality.
The amendment’s application would not be confined to Brexit-related legislation but will be an enduring new right in United Kingdom law. It will strengthen protection, for example, for children, who currently have limited protection from unjustifiable discrimination under our domestic law. Subsection (2) of the proposed new clause in the amendment provides:
“All individuals are equal before the law and have the right to the equal protection and benefit of the law… All individuals have a right not to be discriminated against by a public authority”.
Although they sound similar they are different things. Equality before the law means that the law must apply equally to everyone, so outlawing laws that have a directly discriminatory purpose. However, equal protection and benefit of the law means that laws must not have a discriminatory impact or effect unless it is justifiable having regard to the policy aim—for example, a law which caps benefits may apply to everyone but, in practice, a large proportion of those affected may be lone mothers and children and therefore such a law could affect them disproportionately and be incompatible with the new right unless it could be justified.
The proposed new clause also calls for a ministerial statement of compatibility, which parallels what is required in the Human Rights Act. It will support effective parliamentary scrutiny of new laws as parliamentarians in both this House and the other place consider the Government’s explicit policy justification for any potentially regressive measure. The right to challenge discriminatory laws in the courts provides an essential mechanism to ensure that the new right is enforceable by those affected. It will not impact solely on justifiable different treatment, so ensuring that the courts can take account of the policy justification for the measure in question, and will provide the flexibility necessary to deal with new and unforeseen circumstances.
The enforcement mechanism in the amendment is the same as for the convention rights under the Human Rights Act, with which our courts are wholly familiar when considering compatibility of laws with fundamental rights. It is completely different and distinct from the scheme under the Equality Act 2010. The provision will operate alongside existing rights in the Equality Act 2010 but will not replace them. Where the Equality Act 2010 provides an exception to the prohibition of discrimination because Parliament has determined that specific conduct should not be unlawful, this would also be expected to be treated by the courts as justifiable under the new right for the same reasons.
This is an important proposal. It is intended to apply across the United Kingdom but obviously its application in Scotland, Wales and Northern Ireland would require discussion with the devolved Administrations. The amendment seeks to ensure that the equality rights which have been developed as part of our membership of the European Union—of which we are justifiably proud—will be proofed into the future as we leave the European Union. I commend the amendment to the House. I beg to move.
Lord Adonis (Lab)
My Lords, I have four amendments in this group. They raise exactly the same issues as those raised by the noble and learned Lord and I have nothing to add.
Baroness Lister of Burtersett (Lab)
My Lords, I support Amendment 70A, to which I have added my name. It has a forward-looking approach which addresses the need to set our homegrown equality standards against which new laws will be measured by our courts after we have left the EU. I am grateful to the EHRC for promoting this amendment and for its assistance with it.
Returning to our earlier debate about children’s rights, among other things, as the noble and learned Lord said, the proposed new clause provides protection for children against unjustified discrimination. This contrasts with the provision under the Equality Act 2010, under which children are not protected from age discrimination in the provision of services and public functions. It requires a Minister to make a statement of compatibility when introducing new legislation, which will include that it does not unjustifiably discriminate against children. It also provides a mechanism for children to challenge laws and actions by the state which have a discriminatory impact on them.
As I argued on Monday, it is important, as the UK leaves the EU, that children do not lose the important protections they currently enjoy under the Charter of Fundamental Rights. The proposed new clause would replace the EU safety net for children’s rights with the UK’s own guarantee of fair and equal treatment for children. In doing so, it sets domestic equality standards against which new laws will be measured and makes our domestic courts the arbiter of equality compliance. It is a necessary addition to our equality laws to protect rights as we leave the EU.
The need for adequate legal protection for children against the discriminatory impact of laws is demonstrated by the way different cases have fared in the courts recently. In one case, currently the subject of appeal by the Government, the High Court held that regulations implementing the social security benefit cap, to which the noble and learned Lord referred, are discriminatory and unlawful in their impact on lone parents with children under the age of two. In his judgment, Mr Justice Collins referred to the difficulty, and often impossibility, of lone parents with children under two being able to do paid work and concluded:
“Most lone parents with children under two are not the sort of households the cap was intended to cover…Real misery is being caused to no good purpose”.
In this case the claimants were able to rely on convention rights, yet an earlier case on the same issue but from a slightly different perspective had failed in part because of the difficulties in doing so. The point of the example is to ask why discrimination that affects the welfare of children should be subject to such legal complexities. We have heard today about the problems created by legal complexities. The proposed new clause provides a straightforward domestic solution to a clear right to non-discrimination by the state to replace the loss of protection provided to children as we leave the EU.
Women are another group for whom this amendment is especially important, not least because of the responsibility they still tend to have for the everyday care of children and older people. Organisations representing women such as Fawcett and the Women’s Budget Group, of which I am a member, are concerned about the potential impact on women of our withdrawal from the EU and fear the possible regression of women’s and related rights despite welcome assurances from Ministers. Like the noble and learned Lord, I too welcome the strong statement made by the noble Lord, Lord Duncan of Springbank, on Monday in our debates then. He gave strong assurances, particularly on the working time directive. Nevertheless, the research to which I referred on Monday and the experience of my noble friend Lady Crawley, which she recounted in the same debate, suggest that the history of the UK Government’s engagement with the EU on the development of equality law is not as rosy as Ministers repeatedly suggest. I am afraid that concerns remain about what might happen if and when we leave. In response to such concerns, as noble Lords have already heard, the Women and Equalities Committee stressed—to take a slightly different quote from its report—that:
“It is therefore important for the Government, during the process of leaving the EU, to ensure that robust equality protection is embedded at each milestone”.
This amendment is a means of doing just that at this very important milestone. Given all the Government’s assurances about their commitment to equality, I cannot think of a single reason why they should not want to accept this amendment.
At the start of Second Reading, the right reverend Prelate the Bishop of Leeds asked us: at the end of this process, what sort of Britain do we want to inhabit? Many noble Lords subsequently referred back to that vital question. I believe that equality and human rights are fundamental values, which must stand at the heart of that Britain. Acceptance of this amendment would send a strong signal about the kind of country we want Britain to be.
Lord Low of Dalston (CB)
My Lords, I too rise to speak in support of Amendment 70A, which has just been moved by the noble and learned Lord, Lord Wallace of Tankerness, and spoken to by the noble Baroness, Lady Lister.
I apologise that I did not speak at Second Reading. My apology is in the same terms as that of the noble Lord, Lord Paddick, on the second day in Committee, who explained that he had taken the view that he was unlikely to be able to add anything new, bearing in mind the large number of speakers.
As we have heard from the last two speakers, the Government have strongly proclaimed their intention of maintaining existing equality protections once we leave the European Union. The proposed new clause contained in Amendment 70A provides the means of ensuring that this intention is fulfilled. It is thus in very much the same case as Amendment 66, which, as the noble Lord, Lord Deben, pointed out, does nothing more than what the Government want to ensure. It addresses concerns raised by the Women and Equalities Committee in another place, as we have heard—concerns that our exit from the European Union risks losing the entrenchment of our rights, provided by their under- pinning in EU law. To achieve this, the UK needs to replace the EU’s equality safety net with our own right to equality.
We in Britain are rightly proud that we have the strongest equality law in the world, which, in many areas, goes beyond what EU law requires. Yet some important protections—for example, for disabled people, who are naturally very close to my heart—as a result of the impact of EU law go beyond what we have been ready to do domestically. For example, the Coleman case in the European Court of Justice established that it is unlawful to discriminate against individuals because they care for a disabled person. When the underpinning of the EU law is taken away, there is a real risk that a future Government could seek to chip away at such protections. We have already seen this in the Red Tape Challenge under the coalition Government, when the existence of the EU safety net protected much of the Equality Act 2010, but we still saw provisions outside the EU directives being undermined. Many important protections in the Equality Acts could not have been changed at that time because they were part of EU law, as well as our own law. After Brexit, this will no longer be the case. Areas that some commentators have suggested may be at risk post Brexit even include aspects of equal pay legislation. This clause will set the equality standard against which new laws will be measured and make our courts the arbiter of equality compliance.
We have already heard what the Women and Equalities Committee stressed: ensuring that equality protections are maintained is not simply a matter of transposing existing EU law. To protect rights, the Government need to take active steps to embed equality into domestic law and policy. The proposed new clause specifically protects against disability discrimination and requires that a Minister must make a statement of compatibility when introducing new legislation. Specifically, this must include an undertaking that it does not discriminate on grounds of disability. This establishes an important mechanism for holding the Government to account in relation to new measures with a potential impact on disabled people. The clause also provides a mechanism for disabled people to challenge laws and actions taken by the state that have a discriminatory impact.
Sadly, it is all too true that the rights of disabled people need further protection in this way. For example, the High Court found, as recently as December of last year, that regulations determining entitlement to personal independence payment unlawfully discriminated against disabled people. The court held that the regulations were “blatantly discriminatory” against those with mental health impairments and that they were manifestly without reasonable foundation. In that case, the claimant was able to rely on her rights under the European Convention on Human Rights because she was able to show that the personal independence payment scheme falls within article 1 of the first protocol to the convention, which protects property rights. Therefore, the right not to suffer discrimination in the enjoyment of a convention right under article 14 of the convention was engaged. However, obtaining a remedy for such discrimination should not depend on whether the discrimination can be tied to a convention right. That is why a free-standing right to equality in UK law is needed, which is what the proposed new clause is intended to achieve.
Lord Cashman (Lab)
My Lords, I rise briefly to speak in favour of these amendments. I preface my remarks by saying that I agree absolutely with my noble friend Lady Lister of Burtersett. Human rights, fundamental freedoms and civil liberties define a country and its approach to civilisation. I remember 30 years ago looking on in horror as discrimination was visited on lesbians, gay men and bisexuals in this country by the then Conservative Government in Section 28 of the Local Government Act. That should remind us that there is never a continuous progressive line on equalities and human rights, and that we need to reinforce the protections that we have.
It is essential to guard against the excessive transfer of power from Parliament to the Executive and to ensure that any changes to fundamental rights and freedoms are subject to full parliamentary scrutiny. I believe that is a matter of constitutional principle, as I have said on many occasions in your Lordships’ House and it bears repetition.
New scrutiny procedures introduced in the other place do not address this concern. They provide a mechanism, in the form of a sifting committee, to recommend—I emphasise “to recommend”—that the affirmative scrutiny procedure be used. I look forward to the Minister’s confirmation that such a recommendation does not have to be accepted by the Minister. Furthermore, stronger safeguards are required in the Bill to exclude changes to equality and human rights from the scope of these delegated powers.
I turn to Amendment 70A, having dealt with the principles of Amendments 161, 259 and the others in this group. I congratulate the noble and learned Lord, Lord Wallace of Tankerness, on the way he introduced it, and the noble Lord, Lord Low, and my noble friend Lady Lister. Amendment 70A would introduce a new clause to ensure that the rights to equality presently enjoyed in accordance with EU law are enshrined in domestic law after the UK leaves the EU. Therefore, there is arguably no reason why the amendment should not be accepted. Indeed, for the Government to deliver on their commitment to non-regression on these rights, the UK needs to replace the EU’s equality safety net, referred to by the noble and learned Lord, with our own domestic right to equality. Amendment 70A would achieve this by setting a standard that all individuals are equal before the law and have a right not to be discriminated against by a public authority. For these reasons and many others, particularly the lessons of history, I support the amendment and others in the group.
Baroness Whitaker (Lab)
My Lords, I add my support to this group of amendments for all the reasons so eloquently set out by noble Lords. It would indeed be a retrograde step if the Government did not take advantage of these amendments to provide safeguards for our citizens.
Lord Judd
My Lords, I hope we are not going to end up with a minimalist position whereby if there is anything in which we are found to be lagging behind Europe, it has to be incorporated in the arrangements being made for the future. I agree totally with those who said that the kind of Britain I want to leave to my children and grandchildren is one that is a beacon for the principles of human rights and equality, in which we are seen to be leaders in the world. From that standpoint, I hope we will take this opportunity to make sure that we are making the necessary arrangements to ensure this.
Baroness Crawley
My Lords, I also support these amendments. The further embedding of equality principles in our legislation is an argument we would all accept.
Lord Mackay of Clashfern
My Lords, I ask the noble and learned Lord, Lord Wallace of Tankerness: assuming the amendment proposed on the status of EU law brought into this country’s law is passed—in other words, if it became primary legislation—what would be the relationship between that and the amendment?
Baroness Hayter of Kentish Town (Lab)
My Lords, we have heard repeatedly and correctly in the Chamber, given the Government’s assurance that all the rights enjoyed by British citizens on 29 March next year will still be in place on 1 April, that our task is to make sure that is the case. Clearly that is what these amendments are framed to do: ensure that the rights to equality we presently enjoy in accordance with EU law are enshrined in domestic law after exit day. That is needed because we have that safety net at the moment, which means that those rights cannot be removed, but, as I think the noble and learned Lord, Lord Wallace, said, we will need our own homegrown safety net to ensure the rights are protected. As we have heard, Amendment 70A sets the standards that all individuals are equal before the law and all individuals have a right not to be discriminated against by a public authority, which I am sure we all accept. As my noble friend Lord Cashman reminded us, we cannot take those for granted. He dealt with Amendments 161 and 259, so I will not repeat that. I repeat the words of my noble friend Lady Whitaker: we must make sure that there can be no retrograde move away from where we are now.
I feel fairly sure that the Minister concurs absolutely with what we are trying to achieve. I hope he can either accept this method or undertake to provide a similar one so that it can be written into the Bill and does what he and others want: to preserve all the rights we have, so that, on April Fools’ Day next year, we are not April fools.
Lord Low of Dalston
My Lords, if the noble and learned Lord, Lord Wallace, does not want to respond to the question from the noble and learned Lord, Lord Mackay, perhaps I might have a go. If I heard him and remember correctly, the noble and learned Lord asked what the relationship to this amendment would be if the Government were to introduce their own right to equality. If that is the question, the answer is quite straightforward. If the Government were to bring in their own freestanding right to equality, they would essentially have accepted the amendment and there would be no need for it because they would have introduced it into primary legislation of their own motion.
Lord Mackay of Clashfern
My Lords, I am sorry but that is not exactly the question, which was on the effect of the retained EU law brought into this country, assuming it is given the status of primary legislation. That is a different question from the one the noble Lord, Lord Low, has kindly answered. But it is quite an important question, because there is a danger at least of a degree of conflict between the two. It is just a question that I do not know the answer to.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
The noble and learned Lord, Lord Wallace, will have the opportunity to respond to the question posed by my noble and learned friend Lord Mackay after I have set out the Government’s position.
I thank noble Lords for this brief debate on this extremely important subject. Amendment 70A, tabled by the noble and learned Lord, Lord Wallace of Tankerness, seeks to ensure a firm basis for equalities protections as we leave the EU. In that sense, and in response to the noble Baroness, Lady Hayter, I of course understand and sympathise with the motivation behind the amendment and recognise the noble and learned Lord’s interest, shared by many others on all sides of the Committee. Indeed, the noble Lord, Lord Adonis, tabled Amendments 101A, 133A, 161 and 259 —I thank him for his brevity in not addressing them—which seek to restrict the powers in Clause 7 from making any changes to equalities and human rights legislation.
However, as I will endeavour to set out for the benefit of the Committee, we believe that these amendments are unnecessary given our commitment to maintaining existing equality and human rights legislation and, more widely, to sustaining our strong track record in this area. Amendment 70A would in fact give rise to significant new rights—which is not, of course, the purpose of the Bill—and in all likelihood would raise difficult questions, as my noble and learned friend Lord Mackay indicated, regarding legal certainty.
The Government have already made clear our commitment that all the protections in and under the Equality Acts 2006 and 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU. This has been stated unequivocally on several occasions, including in the March 2017 White Paper that preceded the Bill, the equality analysis we published in July 2017, and in the government response of October 2017 to the Women and Equalities Select Committee’s report, Ensuring Strong Equalities Legislation after the EU Exit.
As further assurance, the Government tabled an amendment in the other place—now paragraph 22 of Schedule 7—that will secure transparency in this area by requiring ministerial statements to be made about amendments made to the Equality Acts under each piece of secondary legislation under key powers in the Bill. These statements will in effect flag up any amendment to the Equality Acts and secondary legislation made under those Acts, while also ensuring that Ministers confirm that, in developing their draft legislation, they have had due regard to the need to eliminate discrimination and other conduct prohibited under the 2010 Act. We further confirmed in the other place that similar statements will be made in relation to other Brexit Bills. So we have clearly shown our commitment to maintaining the protections in our existing equality legislation, and ensuring that Brexit will not see the UK somehow regressing in this area. In contrast, Amendment 70A would go much further by creating new freestanding rights which would, indeed, apply in circumstances where the Charter of Fundamental Rights does not. Let me take a few moments to explain this in a little more detail.
First, subsection (3) of the new clause proposed by Amendment 70A takes an element from the Charter of Fundamental Rights, strips it of its original context and creates from it an exceptionally wide-ranging anti-discrimination duty. The effect of this is to go well beyond the requirements of the equivalent charter rights, which, as has been said, apply to member states only when they are acting within the scope of EU law, and well beyond the requirements of current domestic law. It would, for instance, introduce a legal duty on public bodies not to discriminate on grounds of language, property, birth or political opinion. That may sound reasonable on the face of it, but if we consider language for a moment, this duty could, for example, give all non-English speaking users of government services a right to claim discrimination if any of those services is available only in English and not in their own first language. This could ultimately mean that all public services would have to be provided in a very wide array of languages, at a substantial and disproportionate cost, which perhaps would even make some discretionary services unviable.
As many noble Lords will be aware, the key wording of subsection (3) of the new clause proposed by Amendment 70A originates in Article 14 of the European Convention on Human Rights. Again, I want to be very clear on this point: nothing in the Bill affects the Government’s ongoing commitment to the ECHR, which is, of course, given further effect in domestic law by the Human Rights Act 1998. Against this backdrop of clear commitments to the European Convention and to maintaining all the protections in and under the Equality Acts, I respectfully suggest that the concern expressed about the future of equality rights after we leave the EU and the assumption that new freestanding anti-discrimination rights are in some way needed to offset the impact of our exit is misplaced.
The Equality Act 2010 is the cornerstone of our equalities legislation. It covers all the requirements of the four existing EU equality directives but also goes much further. For example, our ground-breaking gender pay gap reporting requirements and our public sector equality duty have no equivalent in EU law. Also, there is no existing EU directive that prohibits, as our Equality Act does, discrimination by providers of goods or services because of age, disability, religion or belief and sexual orientation. We are proud of the UK’s track record on equalities and we do not need to be part of the EU to sustain that excellent record.
Subsection (2) of the new clause proposed by Amendment 70A seeks to establish a legal provision that everyone is equal before the law. However, that very principle is already reflected in the rule of law in the UK and is one of the longest-established fundamental principles of the UK’s constitution. The common law requires public authorities to act reasonably when exercising their powers, and this includes a requirement not to discriminate arbitrarily between different cases.
Finally, subsection (4) of the clause proposed by Amendment 70A would, albeit without directly amending the Human Rights Act 1998, have the effect of linking the new rights created by subsections (2) and (3) to the framework of key provisions in the 1998 Act. Again, with respect, I must say that I do not think that this is appropriate. We believe that it would create legal uncertainty and confusion, not least around the existing prohibition on discrimination under Article 14 of the ECHR, as set out in the Human Rights Act 1998. The bottom line is that substantive new rights are not consistent with the intended purpose of the Bill, which is about maintaining the same level of protection on the day after exit as before. It is not intended to be a vehicle for substantive legislative changes such as those proposed and so we cannot accept Amendment 70A, and I hope that the noble Lord feels able to withdraw it.
It is also to this end that, while we agree with and understand the honourable intentions behind the amendments of the noble Lord, Lord Adonis, we cannot accept them as the legislation that underpins these rights and protections will contain many provisions that will become deficient after our exit. Indeed, the response that the Government put out in October 2017 highlighted some of these deficiencies. For example, the Equality Act refers in several places to EU or to Community law. These references are likely to need to be replaced with the term, “retained EU law”. As such, we believe that it is essential that the Clause 7 power is able to address these deficiencies so that we can ensure that the legislation that safeguards these rights and protections can continue to function effectively—which is what I would have thought we all wanted to see. Without this ability, businesses and individuals may be vulnerable to the resultant gaps in the law, which would be counterintuitive to the intentions of the noble Lord.
Equally, it cannot be the intention of the noble Lord to prevent the Government remedying a breach of our existing international obligations using Clause 8. Both these clauses are subject to the same restrictions on amending the Human Rights Act and the same equalities transparency requirements. In relation to Clause 9, to which Amendment 161, also in the name of the noble Lord, Lord Adonis, refers, one of our clearest similarities with the EU is our shared historic belief in the values of peace, democracy, human rights and the rule of law. It is extremely difficult therefore to envisage that any withdrawal agreement we negotiate with the EU, and by extension the Clause 9 power to implement parts of that agreement, will somehow undermine human rights and equalities law. Rather perversely, Amendment 161 would actually prevent Clause 9 strengthening human rights or equality law on the basis of something agreed in the withdrawal agreement with that effect.
However, as I have already set out, Clause 9 is, like Clause 7(1) and Clause 8, explicitly prohibited from being used to amend, repeal or revoke the Human Rights Act or any subordinate legislation made under it. In the case of Clause 17, I reassure the Committee that these powers may be used only in consequence of, or in connection with, the coming into force of a provision of the Bill itself. We expect that any changes made to equalities or human rights legislation to deal with the provisions of the Bill will be to ensure that the changes caused by the Bill are properly reflected in the statute book and that there is smooth transition in the law. To continue to work effectively and appropriately, the statute book must be tidy. Case law and other legal authorities provide a narrow scope for Governments to exercise consequential and transitional powers of this type. As such, they cannot be used to make truly substantive changes to equalities or human rights legislation.
I hope that what I have been able to say has satisfied noble Lords that the Government remain committed to maintaining equalities and human rights protections throughout the process of leaving the EU and I hope that that will enable the noble Lord to withdraw the amendment.
Lord Cashman
Before the Minister sits down, I asked him a direct question about the sifting committee and whether the recommendations had to be accepted by the Minister. Perhaps he could address that question.
Lord Callanan
I think my noble friend the Leader will be setting out our proposals for the sifting committee in this House. I have not seen the details, but my understanding is that there will be recommendations to the Minister.
Lord Wallace of Tankerness
My Lords, I thank all noble Lords who took part in this debate and I thank the Minister for his reply. He will perhaps not be surprised to learn that I was not wholly satisfied with his reply—although in fairness there was some common ground. He, like me, referred to the White Paper of March 2017 and the commitments that the Government made. Indeed, I accepted and acknowledged that in many cases the rights that have been established in relation to equality in this country have sometimes exceeded those in the European Union. However, that somewhat misses the point, because what I sought to do with this amendment was to ensure that, as we go forward and leave the European Union, these rights will still be there and that no future Government will be able to row back on them without having to give a proper explanation to Parliament.
The Minister made a couple of other points and I will reflect on what he said. I wonder about making the same offer as the noble Lord, Lord Deben, made in the previous debate: if he thinks that some of these go too far, if he and I were to meet and he were to excise the ones he thinks take it beyond what is already there, would he then be prepared to accept an amendment on Report without these? That might be something he would wish to consider.
I also note that while he made the point in relation to subsection (2):
“All individuals are equal before the law”,
as I did in my remarks, that that is part and parcel of our common law, he did not have anything to say about the second part, which refers to having,
“the right to the equal protection and benefit of the law”.
The noble Baroness, Lady Lister, very graphically described the recent case which shows that treating everyone equally before the law does not take account of the fact that some laws might impact disproportionately on some categories of people and end up in discrimination.
Saudi Arabia
(6 years, 9 months ago)
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The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, with the leave of the House I would like to repeat the Answer given by my right honourable friend the Minister for the Middle East in response to an Urgent Question asked in the other place today. The Answer is as follows:
“I have been asked to respond on behalf of the Foreign Secretary as he is currently at an engagement at the Palace.
The Prime Minister has invited the Crown Prince of the Kingdom of Saudi Arabia, His Royal Highness Mohammad bin Salman, to visit the United Kingdom. We are delighted to welcome him and his delegation on his first official visit to the UK, taking place from today until Friday.
During the visit the Prime Minister and the Crown Prince will launch a new and ambitious strategic partnership between our two countries, which will allow us to discuss a range of bilateral matters and foreign policy issues of mutual interest.
The UK Government have a close and wide-ranging relationship with the Kingdom of Saudi Arabia. Saudi Arabia is the UK’s third-fastest growing market for exports, and we continue to work together to address regional and international issues, including Yemen.
The visit will allow for a substantive discussion between the Crown Prince and the Prime Minister on the need for a political resolution to the conflict in Yemen, and how to address the humanitarian crisis.
The United Kingdom fully supports the Crown Prince’s social and economic reform programme, Vision 2030. His visit is an opportunity for him to underline his vision of an outward-looking Saudi Arabia, one that embraces a moderate and tolerant form of Islam and a more inclusive Saudi society. This includes greater freedom for women, in line with the recent statements and reforms made by the Crown Prince.
We believe these reforms are the best course for Saudi Arabia’s future security, stability and prosperity, and it is right that the UK supports the Crown Prince in his Vision 2030 endeavours”.
Lord Collins of Highbury (Lab)
My Lords, I thank the noble Lord for repeating that response to the Urgent Question. There is no doubt that we need a good diplomatic and economic relationship with Saudi Arabia. But as in any good relationship, we must have honesty. I fear that the United Kingdom’s protests against serious human rights abuses in Saudi Arabia are so subtle that they are clearly not being heard. In the eight months since he became Crown Prince we have seen the number of executions in Saudi Arabia double. We, like the Prince, who was rightly enraged at the Houthi rebels’ missile attack on Riyadh in December, condemned that attack. But the response from the Saudis was a 10-day barrage of indiscriminate air strikes on civilian areas, killing and injuring hundreds, including dozens of children.
In July last year, the most reverend Primate the Archbishop of Canterbury said,
“the depth of our relationship with Saudi Arabia in trade and finance … would indicate that we have the options for significantly more leverage than mere condemnation”.—[Official Report, 18/7/17; col. 1523.]
Like the most reverend Primate I wonder what other measures the Government are taking which involve action as well as condemnation.
The Government talk about the peace process in Yemen. What has happened to the United Nations resolution that we drafted, with which the Saudis refuse to co-operate? Will the Minister tonight pledge that we will, as a pen holder on Yemen, demand at the United Nations an immediate ceasefire, proper peace talks and a permanent end to this dreadful war?
Lord Ahmad of Wimbledon
My Lords, as the noble Lord is aware, reforms have been initiated by His Royal Highness the Crown Prince. He is right to raise the important issue of human rights. On the issue of Yemen, we will continue to push for a political settlement with all the influence we have, both through international forums and directly and bilaterally with the Kingdom of Saudi Arabia. On the general issue of human rights, we should look at the record of the Crown Prince. While there are, of course, many areas still to focus on, we must look at the starting point. Some of the announcements that have been made on issues of greater gender equality may, from our perspective, seem like a small step forward. But if we look at the recent history of the Kingdom of Saudi Arabia the reforms we have seen on women’s rights in particular, both in terms of driving and attending sports events, are a positive step forward.
Another area of reform on which I have been encouraged is greater expression and freedom of religion and belief. As the noble Lord may be aware, on the Crown Prince’s visit to the United Kingdom he stopped in Egypt. Another area we have often discussed at the Dispatch Box is the plight of Coptic Christians in Egypt, and I was heartened that during the Crown Prince’s visit he visited the Pope of the Coptic Church and actually did so in the cathedral. We believe these are positive steps forward, especially if looked at through the lens of Saudi society. We will therefore continue to work on a strong bilateral basis to ensure that many of the issues the noble Lord and I have discussed before will continue to be raised, including the important issue of human rights. Because of our relationship with the Kingdom of Saudi Arabia I believe we will be able to see further movement in that respect.
Lord Wallace of Saltaire (LD)
My Lords, I recognise that our leaving the European Union makes Saudi Arabia even more important as a partner than it has been up to now, and also more important as an export market. However, can we have an assurance, first, that the closeness of our military relationship will not either implicate us in what is happening in Yemen or prevent us from making the necessary criticisms of the mistakes that the Saudis appear to be making there? Secondly, since many wealthy Saudis and members of the royal family have homes and investments in Britain, can we have an assurance that in the fight against corruption we will assist with transparency and that, when it comes to the likely applications for asylum in Britain from some of those who have fallen out, they are taken one by one and fairly? I appreciate that that is a very delicate area. Lastly, will the Minister tell us how we will help with the process of social reform? We have all learned that revolution is much worse than evolution. If the Saudis are just starting on a very long and painful process of evolution, how are we going to assist in that?
Lord Ahmad of Wimbledon
I thank the noble Lord. He will know from his own experience at the Foreign Office that the relationship is important, as he has rightly articulated. We will continue, on a bilateral basis, to implore reform upon the Kingdom of Saudi Arabia, primarily through the drive we have seen from His Royal Highness with some of the reforms he has brought forward such as those on business relations. He raised the important issue of defence. I can give him the reassurance that our defence relationship and any contracts in that respect are subject to the strictest criteria in making those assessments, and those continue to be looked at on a case-by-case basis. He is right to say that the process of reform within the Kingdom of Saudi Arabia is very slow and challenging, but through Saudi Vision 2030, which sets out a broad agenda for social reform and greater equality for women, we will continue to support the efforts of the Kingdom of Saudi Arabia and His Royal Highness in this respect.
Lord Hannay of Chiswick (CB)
Perhaps the Minister could reply to two questions on Yemen. First, what is the duration of the lifting of the blockade on humanitarian supplies by Saudi Arabia—which was very welcome when it came—and do we believe that the humanitarian supplies are really getting through now and that the blockade is not inhibiting them in any way? Secondly, does he not see the force of the request made by the noble Lord, Lord Collins, that we reactivate things in the Security Council? The peace process in Yemen is pretty moribund and it needs a new breath of life. If we really are leading the drafting on this in the Security Council, surely we should start some work on it now, not sit there with the pen paralysed in our hands.
Lord Ahmad of Wimbledon
Taking the noble Lord’s second question first, it is not about being paralysed with a pen in the hand, but as the pen holder of course we take our responsibility seriously. It is also important, as we see the reform agenda in the Kingdom of Saudi Arabia, to use our bilateral relationship to get the political solution in Yemen that we all desire. In answer to his first question, a positive stance has been taken by the Kingdom of Saudi Arabia. Indeed, as the noble Lord will know, in Yemen both the ports of Hudaydah and Saleef have been opened. Since 20 December 2017, when the blockade was lifted, there have been 53 visits by different vessels, of which 32 have delivered food and 23 have delivered fuel. But I also acknowledge that when you look at the challenges in Yemen—I was looking at the background to this—21 million people in Yemen need aid. That is 76% of the population. This is very much just the beginning and we will continue to work with the Kingdom of Saudi Arabia to ensure that the traction we have seen—the visits that have been made by different vessels—continues to focus on bringing relief and aid to those 21 million people.
Baroness Manzoor (Con)
I welcome the visit of the delegation from Saudi Arabia and I hope it is successful, for both the UK and Saudi Arabia. I also welcome the reforms that are taking place in Saudi Arabia. We must not forget that Saudi Arabia is a new country and is only 50 years or so into its development. Therefore, the changes that have been made are quite significant. Social reform—the 2030 vision—is really important. Can my noble friend the Minister say how the UK will help support that reform to go at a much faster pace than it currently is?
Lord Ahmad of Wimbledon
I think we have seen the reforms. My noble friend is quite right to raise that. I have already alluded to the fact that we have seen a beginning—and it is a beginning—of addressing some of the issues of gender equality, such as women driving or women attending sporting events. Tomorrow is International Women’s Day and I understand that the Kingdom of Saudi Arabia will officially mark it for the first time. There is a long road still ahead but cinemas are also opening in Saudi Arabia—I believe Vue is opening 30 cinemas. These are small steps but we should continue to give encouragement across the piece.
Leveson Part 2: Sunday Times
(6 years, 9 months ago)
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The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given by my right honourable friend the Secretary of State for Digital, Culture, Media and Sport to an Urgent Question in the other place. The Statement is as follows:
“This morning we saw reports in the media of a potential fraud and data protection breach by a former private investigator. The allegations are of behaviour that appears totally unacceptable and potentially criminal. Investigation is therefore a matter for the police and the House will understand that there is only so far I can go in discussing the specific details and allegations. More broadly, some people have already formed the conclusion that this revelation should require us to change policy on press regulation. Policy, of course, should always be based on all available information.
It is worth noting that the activity described apparently stopped around 2010, before the establishment of the Leveson inquiry. Indeed, it was precisely because of cases such as this that the Leveson inquiry was set up. This sort of behaviour was covered by the terms of reference of that inquiry, and Mr Ford’s activities were raised as part of the inquiry.
As we discussed in the House last week, and then again on Monday, there have been three detailed police investigations. A wide range of offences were examined and more than 40 people were convicted, and many went to prison. Today’s revelations, if proven, are clearly already covered by the law, and appear to be in contravention of Section 55 of the Data Protection Act 1998. As described, they would also appear to be in contravention of the new Data Protection Bill currently before this House.
What is more, the fact that this activity stopped in 2010 underlines the point that the world has changed. Practices such as these have been investigated, and newspapers today are in a very different position from when these alleged offences took place. This view is in fact strengthened by today’s example because the behaviour we have discovered today took place before the Leveson inquiry, and existing law is in place to deal with it. Criminal behaviour should be dealt with by the police and the courts, and anyone who has committed a criminal offence should face the full force of the law.
The future of a vibrant, free and independent press matters to us all. We are committed to protecting it. We want to see the highest of standards. We must face the challenges of today to ensure that Britain has high-quality journalism and a high-quality discourse to underpin our democracy for the years to come”.
Lord Stevenson of Balmacara (Lab)
My Lords, the shocking revelations some of the press and other media earlier today about allegations of blagging commissioned by the Sunday Times are, in the words of the Secretary of State,
“totally unacceptable and potentially criminal”,
and the right thing is for them to be investigated by the police. However, the key issue is that the Secretary of State has refused to reconsider the decision to close the Leveson inquiry. Let us be clear: this decision was not supported by the vast majority of those who responded to the public consultation and it was strongly opposed by the chair of the inquiry, Sir Brian Leveson, whose letter is available in the Library.
I say again to the Government that letting down the victims of this type of press activity is breaking all the promises they were given, and is a disgrace. In light of this, I wonder whether Minister can explain why it is not in the public interest to complete the Leveson inquiry, given that, far from being an isolated event from a previous age, today’s revelations confirm that phone hacking and other criminal behaviour was more widespread and affected a wider range of individuals than was disclosed in the written evidence given to part 1 of the inquiry, and that some of the oral evidence given to the inquiry was, at the very least, incomplete, so that, in Sir Brian’s words, it,
“remains unclear exactly how widespread these and similar practices have been throughout the print media”.
It may be that this sort of behaviour has ceased but it is in the public interest to be certain about that. Neither Leveson part 1 nor the civil or criminal trials have provided definitive answers about who did what to whom. Sir Brian suggests that the public interest would be served only by,
“a detailed, reasoned report which covers the whole of the available evidence”.
While there is much about the new press regulator—IPSO—that can be welcomed, the Secretary of State indicated in the other place today that more needs to be done in terms of IPSO’s as yet untested low-cost arbitration system, and in relation to the way apologies and retractions are dealt with. It is surely in the public interest to get this right so that victims of press intrusion can actually get the redress they so patently have not had in the past. Although included in the original terms of reference, there has been no proper investigation of failures of corporate governance and management at News International and other newspapers.
On how to go forward, we currently have two press regulation models, and that is clearly unsustainable. Voluntary self-regulation may well be the right approach, but it will not work unless there is public confidence, particularly when so much has been revealed about wrongdoing, including the events occurring after the publication of the first Leveson report.
When he announced last week that he was dropping the Leveson inquiry, the Culture Secretary said that he was doing do so because he felt the public interest lay in looking forward. I still believe that there is more that unites us on this than divides us. We all want a review of the future of quality journalism and for there to be an assessment of what is required to sustain that for the benefit of our democracy and polity. Where we differ is that we think that the public interest demands that the new inquiry should start with an examination of the recent history, culture and practice of the press, police and politicians. The Government clearly want to draw a veil over that. They should be very careful, particularly when they think they are acting in the public interest.
Lord Keen of Elie
My Lords, the Government have to take decisions about what is proportionate, appropriate and in the public interest. Our analysis is that the terms of reference for part 2 have already largely been met and that the cost and time of part 2 would be disproportionate and not in the public interest.
Lord McNally (LD)
My Lords, one of the things we did not have last Thursday when the noble and learned Lord made his Statement was Sir Brian Leveson’s letter. In both Houses, an impression was given that Sir Brian basically accepted what was going along. Through Hansard I urge every Member of this House to go to the House of Lords Library and look at the letter, which is a devastating six-page indictment of what this Government have done. He makes it very clear that he wanted to go on with it. He does not accept that IPSO is up and running so wonderfully. He points out examples, such as the Manchester terrorist outrage reported by the noble Lord, Lord Kerslake, where there was intrusive press behaviour, and in the letter he quotes recent worrying police and media collusion. He also challenges the Government about cost. It is a devastating indictment. Does the Minister think that the way the Government have handled this is in any way in the spirit of the Inquiries Act 2005, which requires consultation with the chairman as a safeguard so that no Government will cut and run from an inquiry? That is exactly what this Government have done. Will he again consider a more constructive response to what was said by the Official Opposition? We were getting this right when we were working together. It has gone badly wrong since the Government have started cutting their own deals with the press barons.
Lord Keen of Elie
My Lords, of course since the 2005 Act we have to consult the chairman of an inquiry, and that is exactly what we did. Thereafter we had to make a judgment about the way forward. Newspapers today are in a very different position from when the phone-hacking scandal occurred back in 2011. The events just reported relate to a period between 1995 and 2010. We have seen significant reforms to press regulation, and we have discussed that before in this House. It is our considered opinion and judgment that it is not appropriate or proportionate to proceed with part 2 of the inquiry.
Lord Prescott (Lab)
My Lords, as an active victim of telephone hacking, I was shocked to hear a private investigator working for the Sunday Times announce that he was sent on fishing expeditions to look at what information there was about me and the whole Labour Cabinet and that in his investigations he conducted illegal acts. That is shocking and totally unacceptable and it is why Lord Justice Leveson has made it clear that he wants to see the inquiry continue. Since the Government continue to take the view that they will not proceed with part 2 or implement Section 40, can the Minister confirm that the House will have legislation before it to make the changes which the Government have talked about? That would presumably mean that we would be allowed to have a vote on the very issue of whether we agree with the Government’s conclusion against the unanimous view of both Houses on having such an inquiry. If that is to be the case on such legislation, would it be useful to have Lord Justice Leveson look at this incident of blagging with the Sunday Times and Mr John Ford so that we could be informed when we have the debate in this House on whether we agree with the Government’s objective to close down a second inquiry or Section 40?
Lord Keen of Elie
My Lords, the conduct of John Ford is indicative of criminal conduct. That will be a matter for investigation by the police and, in due course, upon their report, in appropriate terms, consideration of prosecution, with the law in place being sufficient to address it in that way. I am sure the noble Lord will agree that in cases where we see reports of such conduct, it is not for us to prejudge them but to approach them in a calm, considered and coherent way. As regards the proposal to repeal Section 40, as indicated before, it is the Government’s intention to bring forward legislation on that point at an appropriate time.
Lord Inglewood (Con)
My Lords, I wonder whether my noble friend may be able to clarify something which has slightly puzzled me about the Statement. The second paragraph states:
“this sort of behaviour was covered by the terms of reference of that inquiry”—
that is the Leveson inquiry—
“and Mr Ford’s activities were raised as part of the inquiry”.
Then the penultimate paragraph states:
“This view is in fact strengthened by today’s example because the behaviour we have discovered today took place before the Leveson inquiry, and existing law is in place to deal with it”.
It seems to me that if the behaviour has been discovered today, it cannot have been in front of the Leveson inquiry. I would like clarification of exactly what is meant here.
Lord Keen of Elie
My Lords, my understanding is that some of the allegations attributed to Mr John Ford were known of at the time of the Leveson inquiry and it is in that context that the Statement was made. As to the scope of the inquiry at the time, there are aspects of part 1 that touched upon this, but the terms of reference of the inquiry have also been partly met through the police investigations which took place.
European Union (Withdrawal) Bill
Wednesday 7th March 2018
(6 years, 9 months ago)
Lords ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-V(b) Amendment for Committee, supplementary to the fifth marshalled list (PDF, 55KB) - (7 Mar 2018)
Lord Wilson of Dinton
Lord Wilson of Dinton (CB)
My Lords, in moving Amendment 71, I will also speak to Amendments 116, 253 and 257, which are in my name and the names of my noble friend Lord Lisvane and the noble Lord, Lord Tyler, and the noble and learned Lord, Lord Goldsmith. My noble friend Lord Lisvane has asked me to convey his apologies for not being here to move the amendment himself, but he has to be absent to speak at a memorial service in Cardiff for an old friend. I am sure the Committee will understand that reason.
I feel we are now coming to the heart of the Bill. I confess that, while listening to the debates, I have found myself thinking of the Bill as creating a Frankenstein’s monster. It is sewing together 40 years of EU law, snipped around to fit with this country’s law. Clause 7 gives a Minister of the Crown the power to snip away at EU law and British law to try to get them to fit together. It is a task on a huge scale, and I do not believe anyone, wherever they are working, can quite get their mind round it at the moment or round what the consequences will be.
These amendments would tighten, in two ways, the threshold which the Minister of the Crown has to reach in order to be able to exercise the powers. They would tighten it by providing, first, that the powers could be used only where it was “necessary” to use them, not where it was considered “appropriate”. Secondly, they would give an objective test for whether the use of the powers was necessary, rather than the subjective test of whether the Minister considered it appropriate.
I believe that such changes are needed and would be justified by three things. First, there is the sheer scale of the task being undertaken. Of course, there are limits to the power—it can only be used to correct deficiencies in EU retained law which arise from withdrawal from the European Union and do so in areas which are not excluded by Clause 7(7)—which are important. But there are still huge swathes of law which could be amended under the powers. From listening to a sample of the debates that the Committee has had over the last days, those include human rights, the environment, the welfare of animals—there is very little in the legislation we are dealing with that does not affect most aspects of people’s lives in this country.
The power itself is very broad: to make law which has the status of an Act of Parliament. An extraordinary subsection, Clause 7(5), says:
“Regulations under subsection (1) may make any provision that could be made by an Act of Parliament”.
We are talking about the power to make Acts of Parliament without going through the processes of Parliament, which I find breath-taking.
Viscount Hailsham (Con)
And in an unamendable sense, because it is to be done by resolution—there can be no amendment to those resolutions.
Lord Wilson of Dinton
The noble Viscount reinforces the point which I am trying to make. The Explanatory Notes explain that the power also extends to,
“altering Acts of Parliament where appropriate”.
We are talking about the power to make law and to amend existing law. This is the dream of tyrants through the ages. It is something which is repugnant to the history of this country and the development of our legal system. My argument to the Committee is that the House should lean as hard against it as it can, provided that does not get in the way of achieving the desired result of a functioning legal system. We should not leave leeway which allows Ministers to do things which would be policy changes. I am uneasy about the danger that policy changes could come through the use of the power.
When you try to marry 40 years of legislation with British law, there will be endless choices to be made: you could go this way; you could go that way. Policy is tied up in the interstices of quite small decisions about how the laws should be married together. We should lean against anything which encourages policy change and we should focus the Minister’s power exclusively on achieving a functioning legal system, without going wider. If the law as it emerges needs to be improved, it should be improved by separate legislation that goes through proper processes. We should give only the power that is strictly necessary from the point of view of the objects of this legislation.
Another point I draw to the Committee’s attention is the number of people who will be able to make and amend law. I am not a lawyer—I was 50 years ago, but I am not now—but if I read the Bill correctly, it gives the power to a Minister of the Crown, as defined in the Ministers of the Crown Act 1975. Section 8 of the Act says that a Minister of the Crown is anyone who holds,
“office in Her Majesty’s Government”.
I have not checked this, but my memory is—it used to be imprinted on me when I was working in the Civil Service—that you can have up to 109 Ministers in the Government, so 109 people are being authorised to make or to amend law. In addition, the Commissioners of Customs and Excise will be given the power to make law and amend law, subject to the restrictions. That is another seven people—a Permanent Secretary and a number of directors-general—being given this power which tyrants dream of.
In addition, I draw the Committee’s attention to where the Explanatory Notes say that the power could include,
“sub-delegating the power to a public authority where they are best placed to deal with the deficiencies”.
So we are talking about giving public authorities the power to make law without going through parliamentary processes and to amend law. What is a public authority? According to Section 14, “public authority” is defined by Section 6 of the Human Rights Act 1998. If you read that Section 6, which I will give in its entirety, it says in subsection (3) that,
“‘public authority’ includes … a court or tribunal”.
I ask the Minister: are we seriously proposing to give the power to make law to a court? This is constitutional territory which is completely novel. Paragraph (b) in that subsection says that “public authority” includes,
“any person certain of whose functions are functions of a public nature”.
The proposal before this Committee is that the power to make and amend law within the conditions set out in the clause could be capable of being given to any person certain of whose functions are of a public nature, which in essence is any public servant. I put it to the Committee: is this necessary or reasonable?
Lord Wilson of Dinton
Is this reasonable without reference to Parliament, or to the lightest sifting procedure where any recommendations can be made?
I ask the Minister whether he has an estimate of how many people may be given the power to amend law and make law. I would be interested just to know the number. If you have so many people, possibly hundreds, given the power, you should restrict it as much as you possibly can, so far as is consistent with the objects of the Bill.
Why do I think that the phrase “the Minister considers appropriate” is inadequate? First of all, “appropriate” is a word which should be avoided as much as it possibly can. In my last jobs in the Civil Service, I was sometimes faced with proposals that the Minister should be able to do something “when appropriate”. I always reached for my red pen and struck it out.
Lord Wilson of Dinton
I think we are making the same point, which is that it either conceals inadequate thought, or it is devious.
Of course, the truth is that, if you are in government, you want to surround the Minister and yourself with plump cushions of legal protection. The legal phrase is “ex abundanti cautela”. It is about excessive caution—you do not want to take risks. I have to say to the Committee that, in this case, I think the scale of the powers proposed is so extensive that we should lean against giving Ministers plump cushions of legal protection; it should be the strict discipline of an objective test of what is necessary.
It is interesting that the Government themselves, in their White Paper last March, used the language of necessity. The White Paper twice said that the powers would only be usable “where necessary”. In the cases which it provided where the powers might be used, it used the word “need”: it used the language of necessity; it did not use this language of appropriateness. I think it is only recently, with the sudden alarm that the scale is going to be so great, that the desire for plump cushions has arisen. I think that the Government are backing away from an undertaking only to have the power usable where it is necessary, which they gave in March last year and which they should have stuck to.
There are all sorts of arguments which may be used, such as that the word “appropriate” is used in other legislation. I think that is true, but I do not think that it is justified in this case, where the scale is so extensive. It could be argued that, when faced with a choice, there are different solutions and, therefore, there is no solution which is necessary. That is a flimsy argument—that horse will not run. What we are saying in this amendment is that the power should be used where its use is necessary, not where the solution is necessary.
The Deputy Chairman of Committees (Lord Haskel) (Lab)
My Lords, if this Amendment is agreed, I cannot call Amendments 72 or 73 because of pre-emption.
Lord Sharkey (LD)
My noble friend Lord Tyler has added his name to Amendments 71, 116, 253 and 257. Unfortunately, he is unwell and unable to be in his place today. He has, however, advised me —extensively—to rely heavily in my remarks on the report of the DPRRC published on 1 February. As I am sure that Members will know, the report was highly critical of this Bill. It noted that:
“The Bill confers on Ministers wider Henry VIII powers than we have ever seen”,
and went on to discuss some of these powers in detail. The first it examined was the use in the Bill of “appropriate” instead of “necessary” as a test for action by secondary legislation. The committee pointed out that this gives the Minister much wider discretion than the Government’s White Paper commitment not to make major changes to policy beyond those necessary to ensure continued proper functioning of the law after we leave the EU. Instead of a test based on objective necessity, the Government have substituted the much wider and entirely subjective test of the Minister’s judgment about what he or she considers appropriate. The Government must explain why they have abandoned the White Paper commitment. It would help us to understand their reasoning if the Government could also provide the House with concrete and substantive examples of where a test of necessity may fail to produce continued proper functioning of the law.
I am sure that when he does this, the Minister will want to acknowledge and deal with paragraphs 8 to 10 of the DPRRC report, which concluded, via a worked example, that a proper test of necessity does not prevent his choosing between possible solutions when the “necessary” threshold is in fact met. I am sure that he will tell the House why he disagrees with the DPRRC’s recommendation in paragraph 12, which simply says:
“The subjective ‘appropriateness’ test in clause 7 should be circumscribed in favour of a test based on objective necessity”.
As the DPRRC remarked, the Bill is packed with Henry VIII clauses, and it might be worth remembering what actually happened when the Minister’s predecessors, Thomas Cromwell and Lord Audley, presented the original Henry VIII power, the Bill of Proclamations, to Parliament. Historians have disagreed about Cromwell’s motives but not about what the Bill sought to do—to make the King’s proclamations enforceable as law by the courts. Both Houses of Parliament saw the evident dangers in this and both resisted. The eventual outcome, the Act of Proclamations, was a heavily revised version of the original Bill. It showed Parliament’s strength of feeling on the issue and its skill in avoiding direct confrontation with the King. In those days, the penalty for defying the Executive was a little sharper-edged than a visit from the noble Lord, Lord Strathclyde. In the end, Parliament passed the Bill but amended it to ensure that the provisions for enforcement would be wholly unworkable—and so it proved.
I am not suggesting exactly the same approach, but I do suggest that we take the same view as our predecessors about giving wide, direct law-making powers to the Executive. We should do what Parliament did in 1539—we should resist.
Lord Lang of Monkton (Con)
My Lords, I welcome the opportunity to speak to this group of amendments and support those spoken to by the noble Lord, Lord Wilson of Dinton. I congratulate him on how he exposed the ramifications that reach so far into our constitution. It saves me the task of trying to tackle it.
It is a shame that the House is not more fully attended tonight. That is nothing to do with my personal egotism—quite the reverse—but this is such an important subject; I am very glad that we have reached it in the Bill, and it deserves the closest of attention. I speak in support of Amendments 71 and 72, as well as Amendments 76, 77 and others in this group. In so doing, I am keen to focus less on the Brexit-related provisions than on the constitutional implications of granting Ministers special powers to undertake the Bill’s purpose, while not limiting and containing such powers and enhancing scrutiny of the resultant secondary legislation.
The amendments themselves rein in Ministers’ powers from when they are appropriate to only when they are necessary, and are very straightforward. In the case of the amendment yet to be spoken to by my noble friend Lord Hailsham, “essential” is injected into the proceedings as well, giving a threefold choice to your Lordships. However, it is a transparent illustration of why the amendments are needed. “Appropriate” is so bland, broad and subjective as to be almost meaningless, as has been said, and it gives the Minister excessive influence and discretion. “Necessary”, by contrast, is more specific and requires justification—and I believe that the courts prefer to handle litigation over “necessary” than “appropriate”, for reasons one can understand. Clause 7 is stuffed with powers that need to be addressed in this way. It is time limited to some extent by subsection (8). I welcome that, and I welcome in passing the concession on sifting granted by my noble friend the Leader of the House in her Second Reading speech. But the clause is one that cries out for tighter control and closer scrutiny.
The Constitution Committee reported extensively on the Bill in three volumes—a unique event—so the Government have known for a whole year of the concern that we expressed on such matters and have heard it often repeated since. I am no longer a member of the committee, but I plead guilty to being partly responsible for the first of those three reports. Again unusually, that report was published before even the White Paper was produced, let alone the Bill itself, a procedure that I rather recommend to Select Committees. It makes life very much easier and gives room for one’s imagination to fly. However, the essence of the report was to recognise that the massive task of legislative retrieval would need special powers for Ministers. The Government repeated that in their White Paper and quoted our report in support, but they rather cynically omitted and ignored the vital qualification that we had stressed that such new powers had to be accompanied by tighter controls and the safeguards that we recommended—explanatory memorandums, certification of statutory instruments by Ministers, strengthened scrutiny procedures and so on. I heard the comment that the noble Lord, Lord Wilson, made about the Constitution Committee’s recommendation as an alternative to “appropriate”. I am glad to say, “Not me, guv”—I was off the committee by the time that report came out.
Our recommendations were largely ignored in the first report, such that when the Bill appeared last autumn the Constitution Committee, then under the capable hands of the noble Baroness, Lady Taylor of Bolton, felt obliged to point out that,
“the Bill weaves a tapestry of delegated powers that are breath-taking in terms of both their scope and potency”.
Since then, there has been some progress, but not very much and not nearly enough.
The amendments in this group are not just a matter of trivial semantics; they are the granular embodiment in microcosm of a fundamental principle—namely, that one pillar of our democracy is the balance of power between the Executive and Parliament. This Bill, if unamended, would tilt that balance quite heavily towards the Executive. To do that would be to degrade what will be an historic Act in due course and jeopardise the rights of Parliament. These amendments and others to come are not about Brexit itself; Brexit is important and the Bill is vital to help us to secure that. I want it to pass into law and soon. But the amendments are about something every bit as important —who is going to guard the constitution if not this House?
Ministers want their legislation to get through quickly and painlessly; officials are loyal to their Ministers and fancy a quiet life. The other place has an interest, but one that is often secondary to political obligations of Members, and the pressure on them from other events. I hope that my noble friend is listening to this debate and that the Government will at last respond to the case being put to them and respond not just in this clause but throughout the Bill, right up to and including Clause 17, perhaps by reference to changes that they have already agreed to the Sanctions and Anti-Money Laundering Bill. Debate in Committee would then proceed just a little faster.
It falls to us in this House to guard the gate on behalf of Parliament and democracy and to uphold the role of the constitution in protecting both. If the balance between Parliament and the Executive is lost, the rule of law and our freedoms are at risk. The time when we take back control of our laws is not the time to allow the corrosion of our law-making process.
Lord Bilimoria (CB)
My Lords, if I may just follow on from the noble Lord, Lord Lang, I often say that this House’s role is to be the guardian of the nation. To build on what the noble Lord, Lord Wilson, said, when we go back to the beginning of all this—the referendum—it was all about taking back control and sovereignty and not bypassing Parliament. What happened with Article 50? The Government tried to bypass Parliament. Now we have this withdrawal Bill, giving powers to make and amend law. As the noble Lord, Lord Wilson, said, there are over 100 Ministers, and it can be delegated to government departments—once again trying to bypass Parliament.
Under an earlier amendment, I quoted Dominic Grieve, a former Attorney-General, who recently said:
“Having just spent four months considering the EU (Withdrawal) Bill … I don’t think I have ever seen a piece of legislation that conferred such power on the executive to change the law of the land by statutory instrument … and where the entire structure was so closely interwoven that the same end could often be achieved by different routes”.
That is a former Attorney-General from the government party.
Then there was the Strathclyde review. Let us not forget what happened in 2015 when this House was criticised for flexing its political muscle. The review said that we should,
“understand better the expectations of both Houses when it comes to secondary legislation and, in particular, whether the House of Lords should retain its veto”.
We were openly bullied and told, “Don’t you dare challenge a statutory instrument again”. In fact, I remember in that debate, the Government went so far as to say, “You are threatening the very existence of this House if you threaten us any more”. Now we have the potential for thousands and thousands of statutory instruments. Are we going to challenge every one of them and threaten our very existence every day? Do Henry VIII clauses give Governments the power of royal despots?
Viscount Hailsham
Not only that, but the more tightly constrained the language of the Bill, the more readily the courts will intervene.
Lord Bilimoria
I thank the noble Viscount for that intervention. At the moment, the courts very rarely intervene. They had to intervene with Article 50 being put through Parliament; that was fundamental. This House defeated the Government twice by almost 100 votes each time in two of the biggest votes in the history of our Parliament—614 of us voted in one and 634 in the other. Do we want a situation where this Parliament or the Government are continually challenged by the courts? We do not want to go there, and this is why these amendments are important.
I conclude that the power to amend all EU-derived primary and secondary legislation by the Government without sufficient scrutiny, checks and control, bypassing Parliament, goes against the ultimate supremacy of Parliament itself.
Lord Beith (LD)
My Lords, from this side of the Committee I shall speak to Amendment 244A, in my name, which comes from the Constitution Committee and was mentioned by the noble Lord, Lord Wilson, in his opening remarks. The amendment’s purpose is to provide a more objective test and a requirement for Ministers to state that they have applied an objective test. Should they have failed to do so, they become accountable for not having done so. That is the value of it. It is in no way exclusive of the series of amendments in the remainder of the group, almost all of which replace “appropriate” with “necessary”. I will come to that in a moment. I want to appreciate the words a few moments ago from the noble Lord who is the former—and much respected—chairman of the Constitution Committee. His contribution is one that Ministers really ought to note.
We are dealing with wording in this legislation that worries us enough in this context. However, noble Lords should be in no doubt that, if this wording remains in this legislation, subsequent debates will take place around the idea that, “It was included in the withdrawal Bill and there were some very serious issues raised in that, so it must be acceptable” and that it must be reasonable to use such a shallow test of appropriateness for very far-reaching statutory instrument powers. Numerous other Bills will come before us in the course of this Parliament which have statutory instrument powers in them, and this and future Governments will draw on the precedent of how this legislation is worded.
As to the distinction between “appropriate” and “necessary”, the suggestion I have heard that Ministers do not realise they are open to legal challenge is, I think, quite wrong. Ministers are well aware that they might be open to legal challenge, and that is why they prefer “appropriate” to “necessary”. It gives them a “plump legal cushion”—that wonderful expression of the noble Lord, Lord Wilson—behind which they can hide. It is just not good enough; we have to find better wording. If Ministers are unhappy with necessity, they must come up with something more effective. We find the word “appropriate” used in many contexts. It conjures to mind the sort of instructions for a day out that say “Appropriate footwear should be worn”. That clearly indicates to the person who has to make the decision that they have a fair degree of discretion—it could mean hiking boots or other firm-soled shoes, as long as it is not stilettos or ballet pumps. They have a choice. Ministers are desperately trying to preserve choice for when they bring forward statutory instruments under this legislation.
The problems of the statutory instruments are not confined to Henry VIII provisions, as the noble Viscount, Lord Hailsham, pointed out. There is the inability to amend any of these statutory instruments, whether they are Henry VIII in their impact or whether they impact merely on previous statutory instruments. The inability to amend them grossly weakens Parliament’s ability to deal with matters that would normally be in primary legislation.
I am not only sympathetic to the amendment that the committee itself has put forward, which has my name on it, or something like it, but I am also very supportive of the attempt to find a better word than “appropriate”. So far, at any rate, necessity seems the right provision.
Lord Cormack
My Lords, I have added my name to a number of amendments that delete “appropriate” and insert “necessary”. They are all in this group. I do not claim any particular merit for that amendment: the noble and learned Lord, Lord Goldsmith, is, I believe, the lead name on this amendment. The fact is, we have one thing in common. Whether is it “essential”, as my noble friend Lord Hailsham will doubtless seek to persuade us in a few minutes, whether it is “necessary”, used in the context described by the noble Lord, Lord Wilson, when he moved his amendment so admirably, or whether it is a bare “necessary”, I do not mind. I frankly have a slight preference for the wording of the noble Lord, Lord Wilson.
We are in a very sad place when, having been told that we were taking back control, what we are doing is bestowing control. Parliament is bestowing control—if this goes through—on the Executive. I have quoted before in your Lordships’ House the famous Motion moved in 1781, I believe, in another place by Colonel Dunning: “The power of the Crown has increased, is increasing and ought to be diminished”. Substitute “Executive” for “Crown” and that is what this is all about. I also think of the immortal words of my friend the late father of my noble friend Lord Hailsham, who talked about an “elected dictatorship”.
Are we really seeking to leave the European Union—which I believe is a foolish step—to bestow on the Government the power which Parliament should take? That is the fundamental question. We should not bestow the power on or allow any Minister—whether he or she be ever so high or ever so low, whether he or she be at the top of the 109 or at the bottom, it matters not—to change the law of the land, and then indeed extend it, as the noble Lord, Lord Wilson, pointed out in his admirable speech, to public bodies and to the courts. We live in a parliamentary democracy. Your Lordships’ House rightly has much less power than the elected House, but we can act as a check and a balance and as an encourager to those in another place. These are probing amendments tonight, of course, but I am confident that this will come to a vote on Report, and we should say to our colleagues in another place, “Do not give up the power which you exercise as representatives, not delegates, of your constituents, because if you do that, it will be a real nail in the coffin of democracy”.
I personally believe that a referendum is inimical to representative democracy. But, as we have said before, we are where we are. We are moving away from the European Union, but we must move away as a parliamentary democracy, where power ultimately resides not in No. 10 Downing Street, the Treasury, or in any ministerial office but in the Chamber at the other end of the Corridor. Your Lordships’ House has a particularly important role in stiffening the sinews of those at the other end of the Corridor. There is an enormous wealth of experience in your Lordships’ House, which was demonstrated by the noble Lord, Lord Wilson, this evening, and which would have been demonstrated, I am sure, with equal eloquence by the noble Lord, Lord Lisvane, had he been able to be with us. We in a sense must see ourselves as the servants of democracy, but with a duty to put some real strength in the directly elected House.
I hope that we will have a response from the Minister this evening that will indicate that he understands what this is about. He, of course, is one of the 109. He may be low down on the list, but he is there. Whether he is 109, 108 or 73, I know not and I care not—but he is there. I hope that at the very least he will repudiate any notion of exercising power that it is not for him to exercise. We have to address this issue, whether we think in terms of Henry VIII or Thomas Cromwell or Oliver Cromwell, all three of whom would have looked upon this as a marvellous mandate. We have a duty. Tonight we are probing, but there will come a night when we must vote if the response is not as it should be this evening.
The Lord Bishop of Leeds
My Lords, I add my voice to those who are expressing caution. I sympathise with Ministers. Somehow a balance has to be struck between the technical freedom and flexibility to deal with matters as they arise—that is a legitimate concern—and the constitutional questions that have been raised this evening. The words matter. The word “significant” is one of my pet hates, where people use it because they do not want to find a more precise word. You always want to ask, “Significant of what?” They probably mean, “It’s important” or “It matters to me”.
“Appropriate” is another one. It is a word that creates space when we do not want to be precise—but when you are dealing with matters of law you need precision. It seems to me that the very simple mechanism of changing “appropriate” to “necessary”, with some criteria by which it could be deemed to be necessary or unnecessary, offers the sort of balance that the Committee is looking for.
Lord Campbell of Pittenweem (LD)
My Lords, the noble Lord, Lord Wilson, said that it was 50 years since he had practised as a lawyer. Perhaps I may observe to him, once a lawyer, always a lawyer—and he certainly demonstrated that in the way in which he introduced this amendment. The effect of the statute before us is to provide an unfettered discretion, and we should be extremely slow to provide unfettered discretions to anyone. You would not give an unfettered discretion to the captain of a golf club. The idea that we will give 109 Ministers an unfettered discretion seems to me to fly in the face of all constitutional propriety.
It is not even the Secretary of State who is asked to exercise these powers. That frequently appears in statutes where a power is afforded. In this case it is any Minister of the Crown—and, added to that, public authorities, as widely defined. It is difficult to imagine public authorities understanding the whole question of discretion, as we see time and again in the courts when judicial review is successfully taken against local authorities, for example. As the noble Viscount, Lord Hailsham, pointed out a moment or two ago, if you have the power to make by regulation such provision as you consider appropriate, the prospects of judicial review are nil. There will be no review because, in any circumstance where a subjective test has been imposed or offered to the Minister, there can be no challenge. Necessity, on the other hand, is capable of challenge and leaves open the whole question of judicial review where the test of reasonableness arises in the course of the action—in this case of a Minister, or indeed of any of these public authorities.
When the bus with “£350 million a week” was going around the country, and when those who emerged from it, including the blonde bus conductor, told people, “We want to take power back from the European Union and Brussels”, no one said, “We want to take power back so we can give it to 109 Ministers or public authorities”. If they had said that, I rather fancy that the bus would not have received the generous welcome that it did on many occasions.
Lord Dykes (CB)
My Lords, it is a great pleasure to follow five or six scintillating and convincing speeches, all saying similar things, and I entirely concur with what was said. Therefore, I can be very brief. First, I thank my noble friend Lord Wilson for his remarks. I apologise to him for missing the first minute and a half of his speech because I naively thought that two government Statements would last a bit longer than they did; they were very brief indeed. I surmise that my noble friend referred to my noble friend Lord Lisvane, a very good friend to many of us. I assume he is on onerous public duties in Herefordshire. Sadly, the noble Lord, Lord Tyler, cannot be present due to illness. Therefore, two sponsors of the amendment are sadly unable to be here but that in no way weakens the strength of this message for the Government. I hope the Ministers on the Front Bench will listen very carefully to these words.
It is also worth noting that, apart from a later big grouping, this group contains the largest number of amendments of any group since the Committee proceedings began. This is the subject that most exercises the Members of this Committee and, I think too, quite a number of MPs although they are sometimes under much greater pressure for obvious reasons not to say too much about it.
I was very struck by what the noble Lord, Lord Sharkey, said and by what he said representing the noble Lord, Lord Tyler. Since I am an amateur and not an expert on these matters, I was impressed by the comments of the Bar Council on its worries about these matters. In paragraph 60 of its general statement, it said:
“Clause 7 empowers Ministers to make regulations to ‘prevent, remedy or mitigate’ any ‘failure of retained EU law to operate effectively’ or ‘any other deficiency in retained EU law’. Clause 7(5) includes an open-ended power to make ‘any provision that could be made by Act of Parliament’. There are comparable Henry VIII powers in Clauses 8(2) (in respect of regulations to ‘prevent or remedy’ any breach, arising from Brexit, of the UK’s international obligations”.
It went on to say in paragraph 61:
“We consider that these provisions (and in particular Clause 7) continue to raise serious concerns both from the perspective of the rule of law and the sovereignty of Parliament and in respect of legal certainty”,
which we sometimes forget. By the way, as the sunset clause possibilities in Clause 8 have been mentioned by at least one speaker, in paragraph 67, the Bar Council adds:
“While we recognise that the Henry VIII power in all three clauses (7-9) is subject to sunset provisions, we do not think that this is sufficient to address the above concerns. As noted in the introduction to this paper, the operation of the amending powers and sunset clauses will need to be carefully reconsidered in the light of whatever is ultimately agreed for any transitional period or under the Withdrawal Agreement”.
I agree with the passionate remarks of my good friend, the noble Lord, Lord Cormack, about the dangers facing this Parliament—mainly the other House, of course, but also this one—in allowing these dangerous provisions to go through without any amendment. I anticipate a major expression of unease, to put it mildly, when Report stage comes along. I hope and pray that will be so, and we look forward to the Minister speaking in the framework of that need to assuage our anxiety when he comes to reply.
Viscount Hailsham
My Lords, I rise to speak primarily —subject to pre-emption, whatever that means—to Amendments 73 to 79 and Amendments 117 to 119, which are in my name.
I think we ought to start the debate—although we have started it already—by reflecting on how very wide the powers contained in Clauses 7 to 9 are. They are powers exercised by regulation: mostly by the negative procedure, but some by the affirmative procedure. However—this is the critical point—in both instances, the regulations when laid cannot be amended. That raises an issue that I hope this House will come to on some subsequent occasion, because I have a number of amendments in my name on that very subject.
These powers are very wide-reaching. One way of ascertaining how significant they are—I hope the right reverend Prelate will forgive me if I use the word “significant” in this context—is to look at paragraph 2 of Schedule 7, which lists the provisions that can be made only by the affirmative procedure. I cite a few examples: the creation of a public authority and presumably the powers to be given to it; the transfer of legislative powers from an EU entity to a UK-based public authority; the levying of fees without specific limit, which I am sure noble Lords know we will come to later in Committee; the creation of criminal offences that attract a custodial sentence of up to two years, which, again, we will come to later in our debate; and the creation of powers to legislate or amend existing powers. These powers are not trivial in character. I have not sought to identify the various powers that could be exercised by way of the negative procedure, because their name is legion.
There is one fundamental rule in politics, which I have learned from 31 years in the House of Commons: if you give powers to Ministers and officials, those powers will be abused—sometimes by design and sometimes by inadvertence, but the abuse will happen and that is certain. It is especially so when the powers are created by secondary legislation because the parliamentary oversight is slight and ministerial oversight is often non-existent. So the question your Lordships should be asking—I agree with my noble friend Lord Lang that it is a pity more noble Lords are not asking themselves this question tonight—is whether the language in the Bill is sufficiently tightly drawn to prevent abuse. The answer to that question is manifest to all of us and all noble Lords who have spoken: no. The Bill does not prevent abuse; it enables abuse.
The powers given to Ministers are “appropriate”. That is a weasel word. Nobody is better placed than I to describe it as such. It is a subjective word, very difficult to define in advance, impossible to challenge and non-judicable. That is why, when I was a Minister, I used it often—at the Dispatch Box, in drafting and in correspondence. I knew full well, as does every person who has stood at the Dispatch Box, that “appropriate” means precisely what the Minister wants it to mean. The noble Lord, Lord Campbell, is quite right about that. Might I suggest the Corbyn/Johnson test to your Lordships? It is very useful. I look to my side of the House and ask, “How many of your Lordships want to see Mr Corbyn possessed of these powers?” I now turn to the other side of the House, lest noble Lords think I am being partisan, and ask, “How many of your Lordships want to see Mr Johnson possessed of these powers?” The joke is that you can reverse the question and get the same answer.
We should not allow the draft as it is. I accept that the distinction between “necessary” and “essential” is pretty minor. I can live perfectly well with the word “necessary”. “Essential” is one notch higher in the hierarchy of requirement but I accept that “necessity” has been hallowed by legislation in the past. I encounter that word frequently in regulatory law, and the noble Lord, Lord Campbell, was absolutely right to touch on the point of judicial review. If you use the word “necessary”, it makes things easier to challenge. There have been many appeals in the regulatory framework where the courts have held that the test has not been laid out.
I want to comment on two other amendments I have ventured to propose. Amendments 74 and 117 require the Minister to have “reasonable grounds” for his or her decision on the need to trigger the regulation-making powers. I will be open about this: my purpose is to tighten the test, to make it judicable and to limit the discretion. I would very much like to know from the Minister why he objects to the use of reasonable grounds as the criterion for exercising the power. I am sure he is not going to say that he wants to rely on unreasonable grounds; that is not, I think, an argument he would like to put forward. We are entitled to know the justification.
I have one very small point on Amendment 75, which includes a reference to redundancy. What does that reference add to what is already covered by the retained part of Clause 7(2)(a)? It comes to this: the main issue for this House is to require a test of necessity to be imported into these three clauses and elsewhere in the Bill where the Government want us to accept a lower threshold of need—or, more precisely, put no threshold at all. I regard this as matter of considerable importance and I want to know—as I am sure the Committee does—why the Government want us to prefer a word that gives the maximum discretion to Ministers, but the minimum control and influence to Parliament and the courts.
Lord Wallace of Saltaire (LD)
My Lords, my name is on some of these amendments. I will be extremely brief. We are now at the core of the Bill, and at the core of how the Government respond to it. I cannot recall reading two such critical reports from committees of this House as the two we have had on these clauses— for example the suggestion that Clause 9 is wholly unacceptable and the suggestion that Clause 7 leaves very considerable uncertainty, both of which are from the Delegated Powers Committee. I therefore ask the Minister to offer us the prospect that the Government will come back on Report with their own recognition of the strength of feeling in this House. Without question, the Government will lose heavily on this the first time it is tested, and quite possibly again after it has gone back to the other place if the Commons sustains it.
We are in a position at which we need from the Government some reassurance on these constitutional issues, as well as these issues of trust, as they put through a Bill with a huge range of flexibility. We need reassurance on the Government’s future intentions, as their future intentions on much of this are still not entirely clear. I simply ask the Minister to be generous and to stretch his freedom of action as far as he can in the way he responds.
Baroness Whitaker (Lab)
My Lords, the noble Lord, Lord Lang, pointed out that we are a bit thin on the ground for such an important set of amendments, but the Minister should know that there is behind us an army. I have had more representations on Clause 7 than on any other part of the Bill—representations from national organisations, human rights organisations, advocacy organisations, legal organisations, professional organisations, and from individuals. There is very widespread civic concern over these clauses, and the Government should heed it and accept these amendments, which have such widespread support also in your Lordships’ House.
Lord Mackay of Clashfern (Con)
My Lords, the existence of these powers in the Bill has created an apprehension in a lot of people that the Government are proposing to use the powers in some way to undermine something that is valuable to them. It is therefore important—apart altogether from the argument that examines the detail—that we examine this carefully. The noble Lord, Lord Wilson of Dinton—with his background of great success as a civil servant, no doubt contributed to by his early experience as a lawyer—has moved the amendment in a way that has made it extremely clear. It is quite clear to me that necessity is a better test on which to leave these powers than the discretionary test of “appropriate”. It is not absolutely right that discretion is not subject to judicial review, but at least an objective test is certainly more likely to lead to successful judicial review if it is transgressed.
We have to remember the huge task involved in trying to put these two systems together; the European system, which has been here for 45 years, has been working alongside our system and kept separate from it over all that time. That is by no means an easy task. Indeed, what we already discussed with regard to Clauses 2 and 3 illustrate that. It is difficult and time consuming, and we must ensure that the solutions we suggest to the Government are practical and will enable this to be done in a reasonable time so that the statute book can be right on Brexit day.
I anticipate that the test of necessity will be an easier one to apply for those entrusted with the power than the test of what is appropriate. The latter involves an element of judgment, which is not always easy to exercise; whereas if it is obvious that these two bits do not fit together, it is necessary to do something about it. As the noble Lord, Lord Wilson, said, it is not necessary to circumscribe the solution. The argument that necessity suggests not only that the amendment is required but also what particular amendment is required stretches the matter a little far. So long as it is necessary to do it, that is a sufficient test for our purpose, and then it is for the Minister to do his best to sew these two pieces together.
I am somewhat alarmed at the survey by the noble Lord, Lord Wilson, of the people entitled to use this power, and the Minister may well have something to say about that. However, there is a lot of work to do, and we do not want to overwork the Ministers with necessary adjustments when they ought to be doing something else. There is certainly plenty to do between now and Brexit.
In addition, it has been said that this is surrendering the power of Parliament to the Executive. To an extent that is true, but Parliament retains a veto in respect of every single regulation, either by a negative or an affirmative resolution. It is true that we do not want to have thousands of these if we can possibly avoid it, apart from anything else. But there is an element of control there. How practical that would be is, I think, doubtful. There is an urgent need now to circumscribe these powers so that they work properly and effectively but not excessively. As I said, a lot of people have worries about human rights, equality rights and a whole lot of other rights. Sometimes people have spoken in conversation or in observations to the press or whatever, which does not represent the Government’s policy. This helps to inflame the idea that the Government are using these powers to take away all that has been so dearly won. I do not think that is true, but we should try to remove the possibility that this idea can be represented.
Lord Goldsmith (Lab)
My Lords, these are hugely important amendments. The Minister will have noted that not a single Member of the Committee has spoken in favour of the present position in the Bill. From all sides of the Committee, it has been stated that the Bill, as it stands, is not acceptable. I am sorry that the noble Lord, Lord Lisvane, is not present today, for reasons that we all entirely understand. Noble Lords will recall what he said at Second Reading, when he talked about this as the biggest transfer of power from Parliament to the Executive in peacetime. I entirely agree. I agree with what has been said by the noble Lords, Lord Wilson of Dinton, Lord Cormack and Lord Lang of Monkton—with whom, or rather under whom, I was privileged to serve on the Constitution Committee, when he chaired it. I agree also with the noble Lords, Lord Beith, Lord Wallace of Saltaire and Lord Campbell of Pittenweem. Everybody has taken the same position in relation to that.
Let us look at the key amendment, Amendment 71, to which I am privileged to have added my name, just to note the importance of what it does. It would replace the statement that “the Minister considers it appropriate” with “it is necessary”. As a former Minister, as a former adviser to Ministers and as a practising lawyer, I fully see the significance of that change. I know as a lawyer that if I am able to say to the judge, “All that is required is that the Minister considers it appropriate—how can you say that he did not? How can you second guess that?”, I am home and dry. If, on the other hand, I have to show that it is necessary—not just in the Minister’s decision, not just on reasonable grounds, but that it is in fact necessary—then that is the test that the court has to undertake in order to satisfy itself. The point behind these amendments is that nothing less than that will do to enable this huge transfer of power to the Executive from this House.
I do not need to repeat the remarks made by other noble Lords about how taking back control should not mean taking back control by the Executive—that is not what anybody had in mind. I do not need to repeat the remarks about the number of Ministers that this gives power to. I am not even sure that the figure of 109 is right. I recall, in government—no doubt the Minister will tell me that it does not apply here—that all Ministers can act, and often do act, by their officials. The Carltona principle means they can sign the instruments, so it may mean that the 109 is multiplied manifold. I have no doubts about their good intentions, but this is not what our system requires, and we should not be giving it up in these circumstances.
Other noble Lords, including the noble Lords, Lord Bilimoria and Lord Dykes, and the right reverend Prelate the Bishop of Leeds, have also spoken powerfully in favour of these amendments.
I have a couple of other points to make, as most of what I wanted to say has already been powerfully and clearly expressed by noble Lords. The most important point is the one I started with, which is that the Minister must see the unanimity of view, as it appears at the moment, around the Committee about the change that needs to be made. We can debate whether it is essential or necessary. I rather agree with the noble Viscount, Lord Hailsham, that “necessary” has become a term well understood by the courts and so it is probably the better one to have, but the end aim is the same. That it is not a decision for the subjective view of the Ministers is the other key point on which we agree.
One point that I want to deal with, which has not had much discussion so far—although the noble Lord, Lord Beith, raised it—is Amendment 244A. It proposes that there should be a statement by a Minister as to the need for the change, and it is not simply a policy change. There is merit in that proposal, I would suggest, though not as a substitute for the amendments we are proposing. I draw attention to the similarity with Section 19 of the Human Rights Act, an excellent provision which requires that a Minister has to certify that a piece of legislation is compatible with the convention rights. We see it on the very front of this Bill itself. I am sorry that the noble and learned Lord, Lord Irvine of Lairg, is not in his place. He had a lot of involvement in making sure that that worked, by insisting that when it came to certifying that legislation was compatible, it was not just on a wing and a prayer.
Viscount Hailsham
I am grateful to the noble and learned Lord. Taking his point, if you were to combine the certification together with the requirement that the Minister had to have reasonable grounds for triggering regulatory power, then one has a very high degree of protection, does one not?
Lord Goldsmith
I am grateful to the noble Viscount. I would go further. First, I would say that the amendment needs to change the test so that it is “necessary”, not “considers necessary”, not “considered on reasonable grounds”. Secondly, the way the Human Rights Act certification works is that it is not enough for the Minister to have “reasonable grounds” that it may be compatible. What is required—at least when I was in government, and as a result of the diktat that was given to the Civil Service—is that the Minister must have legal advice that, more likely than not, the court would agree. I am glad to see the Minister nodding because that means that the same principle is being applied under this Administration as under the Administration in which I was privileged to serve.
Therefore, I take the noble Viscount’s point, but it is important that it is not just a consideration but an actuality based not on reasonable grounds but on fact. Obviously there is some judgment to be made about “fact” but it needs to be clear and there might, in addition, be a role for something like Amendment 244A.
This is the second time today that this Committee has considered the use of the word “appropriate”. Those who were not able to be present may wish to read the report of the earlier debate when we considered the use of the word “appropriate” in rather different circumstances—whether judges could and should rely on European case law in reaching decisions and whether it was enough that they should find it relevant or appropriate. One noble Lord who is not in his place suggested that the judges could use the law if they found it “helpful”. My worry is that that is exactly what the Government think “appropriate” means here. If this power means that Ministers can make regulations and changes because they think it helpful to do so, that is not what this House should allow them to do.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, I thank noble Lords very much for what has been an excellent debate. I use the word “debate” but only one point of view has been expressed and I have heard the message from all sides. However, I shall address the issues under consideration.
I say, first, to my noble friend Lord Cormack that he has put an intriguing thought into my mind. I will speak to my officials first thing tomorrow morning to find out where I, as a Minister of State, come in this list of 109—I suspect more towards the bottom than the top but we will find out.
The noble Lord, Lord Wilson, asked me about the number of people who will be able to exercise this power without parliamentary scrutiny—a question that I suspect is almost impossible to answer. I think that the main issue is not the number of people but the number of limitations on the exercise of that power. The power is time limited and clearly limited in what it can be used for. It may only prevent, remedy or mitigate deficiencies in EU law, and of course secondary legislation is subject to well-established parliamentary procedures. Where legislative powers are sub-delegated to public authorities, this will always be subject to the affirmative procedure.
I am pleased to have the opportunity to revisit what is clearly a very important issue in the context of the Bill. The Government will place some additional draft examples of statutory instruments or parts thereof in the Library of the House. That is something that a number of noble Lords have asked for in meetings that I have had with them, so I will ensure that that happens—most likely tomorrow.
I have listened with interest to the many contributions today, and to the extensive contributions of the Constitution Committee, which I had the pleasure of speaking to this morning along with my colleague in the other place, the Solicitor-General. I have read the reports of that committee and of the Delegated Powers and Regulatory Reform Committee, which have very much helped to frame our thoughts on this issue.
As a number of noble Lords have said, both those reports go into great detail on the scope of the delegated powers. As many noble Lords will also be aware, they come out with quite different recommendations. As I said at Second Reading, we are approaching this matter in a spirit of collaboration. The Government are looking very closely at how the powers in the Bill are drawn and how they will be exercised, particularly in the light of the committee recommendations and developments in other pieces of legislation.
As the Constitution Committee notes, comparable arguments were made during the passage of the sanctions Bill through this House and a mutually agreeable position was found in that instance. That has clearly informed the committee’s recommendation and we are receptive to the arguments made in its report. I am confident that a mutually agreeable position will be found.
As I will explain in a moment, the Government do not see the DPRRC’s recommendation as workable. However, we would very much like to talk to noble Lords following the debate, with an eye to coming back to this issue on Report.
As noble Lords will appreciate, the situation that this Bill responds to is, quite simply, unprecedented. A vast amount of EU law is being transferred to our statute book, including thousands of EU regulations. As such, the programme of secondary legislation to ensure that this law operates effectively must match that. In the face of such a task, it has always been clear that the Government will need relatively broad delegated powers to deliver a functioning statute book. Indeed, the Constitution Committee outlined in its interim report that “relatively wide” delegated powers were inevitable.
I understand that there are noble Lords who have had concerns about delegated powers for some time, and the Government are keen to continue listening to suggestions in order to improve those areas of the Bill. That listening process started during this Bill’s passage through the other place, where a number of changes were introduced to reduce the scope and increase the parliamentary scrutiny of the delegated powers. However, we cannot significantly restrict the scope of these powers, which, it is acknowledged, need to be broad.
Let me deal directly with the concerns raised by the noble Lord, Lord Wilson. Much of the concern about the delegated powers focuses on the use of “appropriate” to describe the discretion afforded to Ministers when making regulations to correct deficiencies. In case there is some misunderstanding here, let me be clear: “appropriate” in Clause 7 does not give Ministers unrestricted discretion to correct anything that they may wish or like. Corrections must not be appropriate per se; they must be appropriate to correct the particular deficiency they are addressing. The threshold for ministerial decisions is set firmly within the context of those purposes.
I appreciate that there is a degree of subjectivity to these tests—but that is true of almost all tests, and it is important to acknowledge that there are limitations on the power. Parliament polices the Government’s interpretation of its vires to act through the mechanism of the Joint Committee on Statutory Instruments, which I have no doubt will take a keen interest in instruments under this Bill; and ultimately, as a number of noble Lords have pointed out, these tests are litigable in the courts. So we cannot responsibly remove “appropriate” from the Bill.
I will now delve into the detail of the various different permutations of amendments seeking to restrict the scope of the delegated powers. The first amendments I would like to discuss are Amendments 201, 243 and 245, tabled by the noble Lord, Lord Bassam, which attempt to ensure that Ministers have considered that exercises of the main powers are made for good reasons and are reasonable courses of action. These match the Constitution Committee’s recommendation, and a smaller group were added to the Sanctions and Anti-Money Laundering Bill.
Amendments 74, 117 and 139, tabled by my noble friend Lord Hailsham, seek to write into the Bill that Ministers’ consideration of the appropriateness of any exercise of the delegated powers must be made on reasonable grounds. This is the right type of approach in not altering the fundamental scope of the powers.
Lord Cormack
Is my noble friend saying that he has made his mind up—or the Government have made their collective mind up—on retaining “appropriate”?
Lord Callanan
If my noble friend will forgive me, I will discuss that in a second.
Ministers make their decisions on secondary legislation based on reasonable grounds in the normal course of events. The use of these powers will be subject to the usual public law principles designed to ensure that the Executive act reasonably, in good faith and for proper purposes. I accept, however, that noble Lords have principled and legitimate concerns and we will ensure that these are addressed and that the reasonableness of a Minister’s courses of action is made clearer. Given the views expressed today, I would like to engage in further discussions with noble Lords with a view to returning to this issue on Report.
Amendments 71, 72, 76, 77, 78, 79, 116, 118, 140, 229, 253, 254, 257, 258, 264, 265, 276, 277, 290 and 291, which were tabled by noble Lords including the noble Lord, Lord Lisvane—to whom I spoke yesterday and I understand why he is not in his place today—the noble Lord, Lord Foulkes and the noble Viscount, Lord Hailsham, seek to exchange “appropriate” for “necessary”, about which we have had a great deal of debate, in the main powers and schedules in which it can be found. I understand noble Lords’ concerns but, as I have stated, this would have a serious impact on our vital programme of secondary legislation to prepare our statute book for exit day. “Necessary” is a high bar to meet. The courts have said that the nearest paraphrase for “necessary” is “really needed”, but such a test would be too constrictive.
Lord Newby (LD)
Can the noble Lord give an example of where something is not really needed? Surely the whole point of this legislation is only to do things that are really needed—not to do anything that you think, when you wake up in the morning, might be a jolly good idea.
Lord Callanan
If the noble Lord will have a little patience I will get on to that in a second.
If regulations could only make “necessary” provisions, the powers would be heavily restricted to a much smaller set of essential changes. For example, if the Government wanted to change references in legislation from euros to sterling, we would expect such a change to be considered “appropriate” both by the courts and, I hope, by this House, but it might not be considered “necessary”.
We might manage to ensure that our statute book is in a legally operable state, but it would not be in its most coherent form, or arranged in a way that best promotes our national interest. I am sure that this Committee does not intend to restrict the Government from legislating coherently or in the national interest, but that may be the unintended consequence of amendments which swap “appropriate” for “necessary”.
I note that some of the amendments in this group contain wording suggested by the DPRRC in its report on the powers in this Bill. In particular, I was interested in the assertion that:
“The operative test in Clause 7 should be whether it is necessary to deal with the problem, not whether only one solution follows inexorably”.
I first highlight that I do not believe that these amendments break up the necessity process in the way that the committee intends. I also question the merits of breaking up the necessity test in the way that the committee suggests. In its report, the committee cites the example of a deficiency in which there is:
“A requirement to collect and send information that will no longer be accepted by the EU”.
The committee states that it,
“is clearly a deficiency that it is necessary to remove from the statute book: it cannot be right to retain a redundant legal duty that amounts to a waste of time, effort and public money”.
However, I question whether this change is strictly necessary, or whether it is merely appropriate. The committee asserts that it cannot be “right” for this arrangement to continue—and I agree with it—but is it strictly “necessary” that it be removed? What great harm, after all, would be done if the information were still sent? The statute book would continue to function, albeit illogically and not in the public interest. But is it necessary, in a strict legalistic sense, to have the statute book working logically and in the public interest, or are all our changes merely appropriate? In these sorts of instance we cannot with any certainty predict the way in which a court might rule. It is precisely to guard against such a decision that the Government cannot support the suggestion made by the committee.
Viscount Hailsham
Is the Minister saying that he will not accept these amendments because he might be defeated in court? If so, that is a thoroughly bad reason.
Lord Callanan
I think I have made my position clear on that but, nevertheless, I also said that we are listening and endeavouring to satisfy the concerns of noble Lords.
Amendments 73, 119 and 141 tabled by the noble Viscount, Lord Hailsham, and also spoken to by my noble friend Lord Lang, meanwhile used “essential” rather than “appropriate” to limit the discretion of Ministers in exercising the delegated powers. This really is very similar to the amendments which propose the use of “necessary”. I think that a court would likely interpret the meaning of “necessary” and “essential”—in this context—in much the same way and, therefore, I will not repeat the arguments that I have already made.
Lord Cormack
I beg my noble friend to talk to his ministerial colleagues and think again, otherwise the Government will suffer the most massive, crushing defeat when this comes up on Report.
Lord Callanan
I said at the start that I am setting out a position, but I have heard the messages that came to me from all sides of the Committee and I very much take on board the point that my noble friend makes. I shall state again that, despite their breadth, these are not powers designed to deliver major policy changes and they can only be read in light of their purpose. For Clause 7(1), that is to “prevent, remedy or mitigate” deficiencies arising from withdrawal.
Amendment 244A, tabled by the noble Baroness, Lady Taylor, the noble Lords, Lord Beith and Lord Dunlop, and the noble and learned Lord, Lord Judge, touches on a point to which I will return to in more detail later, but I will stress now the risks of introducing additional legal uncertainty by creating new and untested definitions to the law. However, I am conscious of the need for transparency in this process and we will look to see how, in line with developments and other legislation, we can ensure that ministerial decision-making about the appropriate exercise of the powers is more transparent to the Committee.
Amendment 75, tabled by my noble friend Lord Hailsham, allows me the opportunity to expand upon the reasons why we are taking the correcting power and to build upon the arguments made in previous days of debate. Areas of our domestic law, such as those relating to EU obligations, will be redundant when we leave the EU. The Bills repealed by Schedule 9 are an example of this. Some noble Lords will consider that having provisions that do nothing on the statute book is not harmful. Indeed, the Easter Act 1928, which was never commenced, continues to sit on the statute book with no effect and causes no harm. My noble friend Lord Hailsham and the noble Lord, Lord Campbell, also argued that there is no legal recourse under the use of powers under Clause 7. That is not strictly correct. If the threshold set out in the Act is overstepped the regulations can be struck down by judicial review.
Lord Campbell of Pittenweem
The noble Lord was helpful in trying to give an example for something else. Could he give an example of where something that was “appropriate” could not be covered by the principle of necessity?
Lord Callanan
I do not have any additional examples beyond the ones I have already given, but I will certainly write to the noble Lord with alternative information on that.
However, the Government and I believe that a majority of noble Lords in this House will agree that the statute book is not truly effective unless it is tidy. The Bill is designed to provide clarity and certainty on the law; if we cannot remove or correct these redundant provisions this goal will be undermined. However, having said all that, as I have set out, I would be very happy to engage in further discussions with noble Lords. I have very much heard the messages given from all sides of the Committee with a view to returning to this issue on Report. On the basis of those assurances, I hope that noble Lords will feel able not to press their amendments.
Lord Wilson of Dinton
My Lords, I thank the 13 noble Lords who spoke on the amendment, all of whom were unanimous in their support of the need to change Clause 7(1). There was a lot of support for the substitution of “necessary” for “appropriate”. I am not going to go through what was said because, first, I agreed with everything; and secondly, it was said so eloquently that it would be otiose for me to add to it at this hour of night.
The Minister has clearly heard the voices of so many noble Lords in favour of some change to Clause 7(1). I say respectfully that he seemed to be speaking with two voices. One was a clear, fierce defence of “appropriate”. I have to confess that I found some of it surprising. I would have thought, faced with EU retained law expressed in the euro, that that would be a deficiency that one needed to correct and that it would be necessary to correct it. However, I will study what the Minister said with interest. On the one hand he spoke with a fierce voice defending the present drafting. On the other, he referred three or four times to the need to discuss before Report. At one point, he said that he was sure that a mutually agreeable position would be found. We need to study exactly what he said. Against that background, I beg leave to withdraw my amendment.
Baroness Bowles of Berkhamsted (LD)
My Lords, when we discussed Clause 2 and the Constitution Committee’s amendments, I said I did not wish to exclude the three paragraphs that the Constitution Committee wanted to exclude; I wish to exclude them instead from amendment under this paragraph. With the discussion we just had about what is necessary rather than just appropriate, to put as much as possible beyond the temptation of amendment by the Government seems to be a good idea. That was the approach I outlined previously. As far as this clause is concerned, it is in line with the Constitution Committee and with the Bingham Centre report, and in view of the state of my voice, I think it is best if I just say that I beg to move.
Lord Callanan
My Lords, I am tempted to send some cough sweets to the noble Baroness to help her: she certainly has my sympathy, and I suspect the Prime Minister’s sympathy, for the difficult position she is in. I am grateful to her for the amendment and this debate.
The noble Baroness has proposed to limit the Clause 7(1) power so that it is only possible to correct deficiencies in domestic legislation in two circumstances. The first is where the deficiency is of any type provided for in this Bill and that the legislation was a statutory instrument made under Section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act. The second, for all other EU derived domestic legislation, is that inappropriate EU references are the only type of deficiency which may be corrected.
I understand the noble Baroness’s well-intentioned desire to, where possible, protect from amendment legislation which has already been considered in detail by this House. However, while Section 2(2) of the ECA has been a crucial tool in the Government’s implementation of our EU obligations, it is far from the only way the Government have implemented EU obligations in the 45 years of our EU membership. Indeed, many noble Lords have been vociferous in encouraging Governments past and present to do more under primary legislation and specific powers and less under Section 2(2). Furthermore, whether a deficiency is in primary or secondary legislation is not, I believe, a meaningful indication of the type of deficiencies which might arise in it, or the significance of the correction that needs to be made.
To be ready for exit day a large number of fairly straight-forward changes will need to be made to primary legislation in exactly the same way as in secondary legislation made under the ECA. For example, Section 42(5) of the Employment Relations Act 2004, concerning information and consultation, will require amendment as outlined in the draft regulations the Government have already published. This power relates to the implementation of a directive. This directive has already been implemented in our domestic law and the relevant implementing legislation will be converted to retained EU law by the Bill. Once the UK has withdrawn from the EU, this power will have no practical application. I hope noble Lords will accept that we need to be able to make appropriate corrections to such deficiencies. The power therefore needs to be broad enough to allow for corrections to be made to both primary and secondary legislation for the full range of deficiencies. Textual and technical changes must be made in primary legislation if we are to have a functioning statute book on exit day.
The Government’s contention is that what matters is not the status of the law that is being amended but the purpose of the amendment. Indeed, some provisions of secondary legislation made under Section 2(2) are extremely important, which is why the Government have provided for the sifting committee and affirmative procedure to ensure that all regulations are subject to the appropriate level of scrutiny. For example, much of the vital statutory protections of the rights of workers in this country lies in regulations made under Section 2(2) of the ECA. We have already published details of some of the corrections that will be required here, and I hope they have laid concerns to rest. They are also representative of the type of corrections that will arise throughout the statute book and will need to be corrected to ensure that important areas of law continue to function.
I hope I have persuaded the noble Baroness of the Government’s position that it is the substance of the change, not where it is being made, that matters, and that she therefore feels able—if she can do so—to withdraw her amendment.
Baroness Bowles of Berkhamsted
My Lords, I beg leave to withdraw the amendment.
Baroness Hayter of Kentish Town (Lab)
My Lords, I will speak also to Amendment 82, which itself is amended—or, in truth, corrected—by Amendment 82A.
Amendment 80 is pretty simple and is very much in line with the amendments we have debated today, which aim to restrict the very wide powers that Ministers—be they Minister number 1 or number 109 —have dreamed up for themselves in this Bill. The amendment would remove from Ministers the discretion to extend the definition of what constitutes a deficiency in retained law. That is important, given that Ministers have taken considerable powers to correct what they consider to be deficiencies. So it would be a two-way gain for Ministers: first, they could extend what they define as a deficiency and then they could use their powers to correct it.
The main thrust of Amendment 82 is to prevent secondary legislation under Clause 7 from being able to change the Equality Act 2010 or subordinate legislation made under that Act, or, indeed, later legislation, as in Amendment 82A. Again, it is about not reducing the rights and remedies that are available under EU retained law. While we were drafting Amendment 82 we also put in wording to restrict the ability under Clause 7 to impose taxes, fees, charges and to create quangos or introduce new criminal offences under secondary legislation. However, as I have alerted the Minister, we will not deal with that at this point because three separate groups are coming up and we will discuss the issue of criminal offences and fees later. The important thing for now is not allowing Ministers to extend the definition of deficiency or to use the regulations under Clause 7 to change the Equality Act and the subordinate legislation that flows from it. I beg to move.
Baroness Ludford (LD)
My Lords, I support Amendment 80 in the name of the noble Baroness, Lady Hayter. I cannot speak for her, but my remarks will also encompass Amendment 80A in the name of my noble friend Lady Bowles who, as the Committee will appreciate, is not in a fit state to speak to her amendment, although it relates to Clause 7(3).
Clause 7(3) is rather strange. It was inserted by the Government on Report in the other place. I am trying to resist the word “sneaky”, but the Government gave with one hand and took with another. On 16 January, David Lidington said in the other place:
“The Government remain of the view that the power in clause 7(1) is crucial. We do not take delegated powers lightly, and we want them to be tailored as tightly to their purpose as possible. We have therefore listened to hon. Members’ concerns about the scope of the power in clause 7(1), and in bringing forward Government amendments 14 and 15, we have built on the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve)”.—[Official Report, Commons, 16/1/18; col. 838.]
Amendment 14 was the one that led to the change in Clause 7(1) to put in “are” instead of “consist of but are not limited to”. So it was more specific on what ministerial powers could cover.
Baroness Whitaker
My Lords, I support my noble friend’s Amendment 82. Yet again it is the issue of using secondary legislation under Clause 7 to make changes, in this case to the Equality Act 2010 or to subordinate legislation made under that Act, or to reduce rights or remedies under EU retained law,
“in comparison with the position immediately before exit day”.
Your Lordships’ Committee made its views on the abuse of Clause 7 abundantly clear during the earlier debate. Surely the same reasoning applies.
Lord Beith
My Lords, I follow my noble friend Lady Ludford in querying what is intended by Clause 7(3) and hope that the Minister will be able to draw on his limited stock of examples to provide me with one—indeed, with something that fulfils this definition:
“There is also a deficiency in retained EU law where the Minister considers that there is … anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2)”.
In that case, why does it not fall within subsection (2)? Can the Minister give me an example of something which subsection (3)(a) would provide for but which subsection (2) has not provided for?
Baroness Goldie (Con)
My Lords, this has been a short but interesting debate covering an important point. When my ministerial colleagues in the other place moved the amendment that inserted into the Bill the subsection that Amendment 80 would remove, the Government’s reasoning was accepted by the other place without a Division. That is an onerous responsibility upon me, and I hope I can replicate that performance and satisfy any concerns the noble Baroness has.
As we heard at Second Reading, most of the House accept that the power in Clause 7(1) is essential but, was as said then, the Government are looking forward to using the expertise of this House to tighten any slack in the power and ensure that it is capable of neither too much nor too little. I have just addressed the importance of retaining Clause 7(3)(b), but I repeat that the Government believe we can be a responsible Government only by ensuring that we can provide for all the types of deficiency we discover.
Subsection (3)(a) provides that the meaning of “deficiencies” in Clause 7 includes those of a similar kind to those set out in subsection (2). The noble Baroness, Lady Ludford, and the noble Lord, Lord Beith, asked what this means and whether there are any examples. This ensures that, for example, deficiencies relating to arrangements between public authorities in the British Overseas Territories and the EU and its member states, or between the UK and the EEA and EFTA states are caught by the definition of a deficiency. They are not included in the list in subsection (2) but are very much of a similar kind to the types of deficiencies listed, and it is important that the power is wide enough to allow the Government to correct them. This House accepted at Second Reading the principle of resolving all the deficiencies in retained EU law using the power in Clause 7, and we cannot do this without both a type of sweeper—I think the legal term is “ejusdem generis”—and a power to provide for additional kinds of deficiency if they are later identified. I say to the noble Baroness, Lady Ludford, that that is why the clause is drafted the way that it is.
May I seek clarification from the noble Baroness, Lady Hayter? I was not quite clear whether she wanted to speak to Amendment 82 or whether she is forgoing that for the moment for the purposes of this debate.
Baroness Hayter of Kentish Town
I am speaking to only a part of Amendment 82 and to Amendment 82A —in other words, to the bits about not using Clause 7 to remove any rights and standards or to repeal or revoke the Equality Acts 2006 and 2010 or any subordinate legislation made under them. There is obviously much more in Amendment 82. There is stuff about criminal sanctions, raising taxes and setting up public bodies. I was making the point that I am not talking about those now because we have separate groups on those topics. The bit of Amendment 82 and Amendment 82A are about not using this power to make any changes under the Equality Acts.
Baroness Goldie
I am very grateful to the noble Baroness. I am looking at my speaking notes. It is a little difficult to disentangle the points to which she has just alluded. If the Committee will indulge me, I will perhaps try to cover the general points.
Baroness Hayter of Kentish Town
I emailed the Minister’s advisers very early this morning and spoke to them earlier, so I would hope they had got the Minister’s notes in the right place.
Baroness Goldie
I thank the noble Baroness. I shall soldier on as best I can with the material I have. By way of general comment on Amendment 82, I hope I can reassure the Committee that I understand the concerns many noble Lords have regarding the scope of the powers we are seeking to take in the Bill. I shall use this opportunity to allay, I hope, some of the concerns as we look at the general premise of this amendment in relation to the Clause 7(1) power.
The general concern is about the ability to create new public authorities, which was alluded to by the noble Baroness. Let me make it clear that we have been listening to Members of this House and the other place; the noble Baroness is not alone in having these concerns. As such, we have made it a priority to find a solution that will satisfy both Parliament and the objectives of the Bill, and the Government are looking very closely at whether the key powers need to be drawn as widely as they are in this regard. We will revisit this matter in more detail when we reach the amendments in the name of the noble Lord, Lord Newby, but I hope this satisfies the noble Baroness on this point for now and signals our commitment to listen to the concerns of noble Lords.
The noble Baroness, in her amendment, expressed some concerns about the power to create criminal offences. We will come back to this in more detail later in the debate on these clauses when we respond to the amendments in the names of the noble and learned Lord, Lord Judge, and the noble Viscount, Lord Hailsham. If the noble Baroness wishes me to do so, I will deal with that in more detail now, but perhaps that is one of the areas she is happy for us to deal with later.
The noble Baroness also expressed concern about not losing any EU functions. The Government are committed to ensuring continuity, but there are a small number of functions it would be inappropriate for us to transfer to a UK public authority after exit. Examples might include the functions of the Translation Centre for the Bodies of the European Union or the Authority for European Political Parties and European Political Foundations. The Clause 7(1) power makes provision to remove these functions, but only if, outside the EU, they were somehow deficient, not simply because the Government disliked them as a matter of policy.
The noble Baroness raised the important matter of maintaining rights, standards and equalities protections, and I want to make it clear to noble Lords it is not the intention of this Government to weaken these as a result of our exit from the EU. It is for that very reason that it is necessary for Ministers to have the ability to make adjustments to any relevant legislation to ensure we can continue to enjoy these rights, standards and equalities as we currently do when we are no longer part of the EU.
To reassure noble Lords of the Government’s commitment to ensuring transparency around any amendments made to equalities legislation, we tabled an amendment in the other place that will require Ministers to make a statement in the Explanatory Memoranda of all SIs made under this power and the Clause 8 and 9 powers confirming that they have had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Equality Act 2010.
Would the noble Baroness like me to respond on data protection? It is very helpful to get that reassuring shake of the head. In conclusion, I thank the noble Baroness for perhaps simplifying the matters immediately before us. I hope that the points I have raised in addressing her first amendment, and then those parts of her Amendment 82 she is concerned about, are enough to demonstrate the need for the power to have such scope and to be able to address all the deficiencies, including those alike to the types listed in Clause 7(2). In these circumstances, I urge the noble Baroness to withdraw her amendment.
Baroness Ludford
Before the noble Baroness, Lady Hayter, responds, forgive me, but I am not sure I have entirely grasped this. Are the Government going to have another look at Clause 7(3)? In the other place, the Government changed Clause 7(2) so that instead of saying that deficiencies “included” but were “not limited to” those in a list, it now says “the deficiencies are” the list. However, Clause 7(3) adds, “Oh, but by the way, we can do things ‘similar’ to those in the list”. The Minister has not explained why the Government cannot lengthen the list to obviate the need for a provision that says Ministers can do “similar” things. That is why I say the Government are giving with one hand, in Clause 7(2), but then coming back with Clause 7(3) and saying, “Oh well, we’ve limited ourselves there, but we’re going to expand our powers here”.
The noble Baroness referred to these changes being passed without a Division, but a bloc of five or six government amendments was voted on in one Division. I am not aware that in the other place they really distinguished between the amendments, because the one tightening this up was lumped in with the one expanding it. I do not know whether I am being overly cynical here, but it seems to me that a fairly clever government operation in the other place gave with one hand and took with another. I would like an assurance that the Government will have another look at this.
Baroness Goldie
I would say to the noble Baroness that our elected counterparts in the other place were able to scrutinise this Bill in detail. The Government were transparent in what they were doing when they brought forward the amendment that passed without a Division. Indeed, it was for Members of that place to raise objection to the way in which the amendments were structured, and I understand that no such objections arose—and at the end of the day, it passed without a Division.
Let me deal with the substantive point raised by the noble Baroness. I was trying to explain that if we accept the principle, as the House appears to, that we need this corrective provision to let us deal with deficiencies on withdrawal, the Government are trying to ensure that there is a flexibility. I made it clear in responding to the noble Baroness, Lady Hayter, that this is about having the powers to do what we need to do, but being conscious that we do not want these powers to enable Governments to do too much. It is equally important that they are empowered to do what they need to do and that the powers do not restrict them so that they are only able to do too little.
Part of the difficulty with the complexity of what confronts the statute book is that there is a degree of unpredictability in the events with which we are dealing. We do not know quite what difficulties may arise. That is why there is a desire to build in the flexibility created by Clause 7(3). I did endeavour, in responding to the point raised by the noble Lord, Lord Beith, to give an example of the kind of things that are not in Clause 7(2) but would actually be covered by subsection (3). There is no further comment I can make to the noble Baroness, other than to repeat my reassurance that the Government are anxious to work with this House in trying to make sure that this clause is responsible, but also workmanlike and capable of managing the difficult situations that may arise, so that action can be taken to correct deficiencies without harm being caused because the power does not exist to do that.
Lord Adonis
I took it as quite a significant move on the Government’s part for the noble Baroness, Lady Goldie, to say that she was open to discussions about limiting the power to create new public bodies—and it is one that we welcome. That power, I know, has caused concern in the House. The noble Baroness has shown herself to be so emollient that we very much hope to hear a great deal more from her in the next six days of Committee. We will welcome her presence at whatever hour of the night she wishes to speak.
Baroness Goldie
I am not one to spurn the comments of attractive gentlemen, particularly when they are honeyed compliments uttered by the noble Lord, Lord Adonis. As I have said in previous debates, I may not always be able to acquiesce on points that he makes, but I understand that my noble friend the Minister is prepared to look again at the creation of new bodies. I cannot provide further detail at this stage, but it is an area where we have an open mind.
Baroness Hayter of Kentish Town
I thank the noble Baroness for that. Obviously, we will come on to a grouping of amendments specifically about public bodies—perhaps even tonight. I will deal firstly with the amendment to take out Clause 7(3) on page 5. I was a little worried when the Minister said that it allowed some flexibility—which I take to mean wriggle room, or wanting to do something that is not quite allowed for. The noble Baroness, Lady Ludford, described the problem of subsection (3) better than I could. Our concern is partly that we are again back to the implications of where the Minister considers something—which is a very wide way of saying that where a Minister considers, without any test, they can then define something as “similar” to another deficiency. We may have to return to this, because I do not think that it is robust enough.
Her particular example did not help her case, given that Clause 7(2)(d)(i) involves the EU, an EU entity, a member state, or a public authority and a member state. EFTA and NATO must be the only other two bodies: could we just not write those in? To put in a whole clause just to allow for EFTA does not seem to me, with all that discretion, very appropriate. So I think we may want to return to that.
Amendment 82, as amended by Amendment 82A, is very much about not using regulations to amend, repeal or revoke either the Equality Act 2006 or the Equality Act 2010—or, indeed, to reduce any right conferred on a person by retained EU law, if it were to be made less favourable. The Minister may have said that that was not the intention but, without the words in our amendment, clearly that would be possible. For the moment, I hope that we can revert to the specifics, such as public bodies, taxes and criminal offences and put that to one side. However, we may need to return later to subsection (3). I beg leave to withdraw the amendment.
Baroness McIntosh of Pickering (Con)
My Lords, I am most grateful to speak to Amendment 81, which for these purposes is joined with Amendments 95, 96, 100, 227C and 244. I see that the noble Lord, Lord Bassam, is not in his place. I would be interested to hear the content of the other amendments, but they seem to make very positive noises that there should be no increase in legislative burdens on individuals in businesses; that we should not exceed what is essential and not impose greater burdens; and that the Government should seek to make only technical changes and not to change policy materially.
I speak specifically to Amendment 81, which relates to deficiencies arising from withdrawal from the EU and considered in this group. The difficulty that I have with the wording as it stands in Clause 7(4) is partly because it contains a double negative and does not seem to be plain English, saying,
“retained EU law is not deficient merely because it does not contain any modification of EU law”—
and so it goes on. So partly the amendment is to express what is clearly meant, to seek greater clarity, but it also goes to the timing of the laws deemed to be deficient.
I think that it was my noble and learned friend Lord Mackay of Clashfern who said earlier that it was for Parliament to veto any statutory instrument put forward by government through the normal procedures of negative or affirmative resolution. Someone else in an earlier debate said that it should be the right of Parliament to be able to scrutinise amendments that fall under this clause—and, I would argue, particularly under Clause 7(4). So the question really to the Minister is to ask, if there is to be this scrutiny, at what stage this scrutiny would take place. My understanding is that the Minister is going to be able to act before Brexit to be able to prevent a deficiency from arising. My question is at what stage that would be and how Parliament will have the opportunity to scrutinise that. Also, if failure of retained EU law is a type of deficiency, and a failure means that the law does not operate effectively, we have already established that deficiency could cover a wider range of cases where it does not function appropriately or sensibly. Guidance as to who will actually decide what the deficiency is and when it will apply will be extremely helpful.
I mentioned at the outset that subsection (4) is not immediately clear. One turns to the Explanatory Notes and particularly paragraph 120, which says:
“Subsection (4) provides that the retained EU law in the UK is not deficient just because the EU subsequently makes changes to the law in the EU after the UK has left, or planned changes come into effect after exit. The law is being preserved and converted as it was immediately before exit day. The EU might go on to make changes to its law but those subsequent changes and the consequent divergence between UK and EU law do not by themselves automatically make the UK law deficient”.
I am not sure that this entirely clarifies the situation, nor does paragraph 116, relating to the earlier subsection (2). I want to probe the Minister to perhaps tease out what is the legislative deficiency, whether there is more than one stage at which it can apply, and who actually decides. If it is the Executive, at what stage can Parliament call them to account to scrutinise that? I hope that, in summing up on Amendment 81, the Minister can clarify, to create greater legal certainty, the legal basis for the functional restriction—where this is contained in a directive and therefore not retained or transposed into domestic law—to be described as a deficiency.
Baroness Bowles of Berkhamsted
My Lords, I speak only to Amendment 227C, just to say that this is a sort of “double omnibus” amendment in that it covers the whole Bill and also puts together, in its proposed new paragraphs from (e) onwards, some ideas about how to address in a generic way some of the concerns that other noble Lords have expressed in what I call the “Thou shalt not” clauses. Clearly, we cannot go through the Lobbies 20 times to deal with them all but, if this kind of formulation is adopted, we could achieve something that was both votable and covered a lot of the common ground that there appears to be when looking at other amendments, many of which will be spoken to later. I will limit my comments to that for now.
Baroness Hayter of Kentish Town
In the absence of my noble friend Lord Bassam, I just want to encourage the Minister—though I am sure it is already in his notes—to comment on Amendment 244, which appears in this group. It requires that:
“The statement under sub-paragraph (2) must include a certification that the regulation does no more than make technical changes to retained EU law in order for it to work following exit, and that no policy decisions are being made”.
I appreciate that the Minister and other Ministers have said all the way along that this is not about making policy, so it should be an easy certification on this occasion for a Minister to sign. I hope that that might be accepted.
Lord Callanan
My Lords, Amendment 81 in the name of the noble Baroness, Lady McIntosh of Pickering, concerns the core concept of this Bill, namely that it preserves and makes functional the law at the moment of the UK’s exit from the EU. As the long and learned debates in this House and the other place demonstrate, this is of course something much simpler said than done. We can all agree that the law in the UK should not be considered deficient simply because the EU adopts a new law once the UK has left. The Bill reflects that with the provision in Clause 7(4) and, therefore, this would not constitute a valid trigger for the use of the power in Clause 7(1).
It is also the case that the law is not deficient simply because EU law, as is often the case in some areas, contains provisions that are adopted before our withdrawal but only come into force or apply after exit day. This reflects the approach taken in Clause 3, which provides for the conversion of direct EU legislation that is operative in the UK immediately before exit day. As the Government set out when we debated Clause 3, we believe that it is right that we incorporate only that law which is operative at the time of our exit. It is surely not taking back control to this Parliament and the devolved legislatures if we simultaneously preserve the automaticity of new provisions of what was EU law becoming operative in our law, months or perhaps years later. It would be unacceptable for EU law provisions to flow automatically into the UK many years after we have left and would undermine the clarity and certainty this Bill is designed to provide. That is why Clause 3 preserves only the law as individuals and businesses were bound by it immediately before exit day, and why that decision is reflected in Clause 7(4), which makes it clear that the law is not deficient simply because it does not contain planned future changes to EU law. In preserving EU law, the Government have drawn a line in the legal sand on exit day. Wherever the line was drawn, the outcomes would, of course, please some and not others. I note that the controversial ports regulation, although already in force, will enter into application only days before exit day. Clause 7(4) merely reflects this line in the legal sand.
Baroness Hayter of Kentish Town
Although Amendment 244, in the name of my noble friend Lord Bassam, asks for,
“a certification that the regulation does no more than make technical changes … and that no policy decisions are being made”,
I take the point that policy choices may be being made. Although it is not in this group, Amendment 244A says that there would be a certificate saying that either the change was just technical or a policy choice has been made. That amendment may not be in this group, but I am interested whether the Minister is closing his mind to the idea that there should be a certificate from the relevant Minister. That is what this amendment aims to do.
Lord Callanan
No. As I have made clear throughout the Bill, our minds are not closed on many of these matters. I think I gave the noble Baroness an example. It is a difficult distinction to draw about what is making policy or what is a policy choice. As I said, the choice between two regulators can be said to be a policy choice, but it is certainly not our intention to use any of the power in the Bill to massively expand on different levels of policy. It is our intention to impose a snapshot on exit day and ensure that the law is compliant and tidy, as we have said.
Baroness McIntosh of Pickering
My Lords, I am most grateful to the Minister and to all who have contributed to this little group. While I am grateful to my noble friend for his reply, I am not sure that he addressed the question of timings, and I am slightly concerned about the scope for judicial reviews. I end with the comment that the wording I seek to delete refers to the earlier Amendment 18, on which we had a lengthier debate, and to which I will return on Report. However, I beg leave to withdraw the amendment.
The Lord Speaker (Lord Fowler)
Amendment 82A, which is an amendment to Amendment 82, therefore falls.
Amendment 83
Lord Newby
Lord Newby
My Lords, this amendment simply asserts a long-established principle of British practice and law, namely that public bodies are created via primary legislation. There are good reasons for this principle. Public bodies perform important functions. They cost money to establish and run, and they can often themselves levy fees and charges or bring enforcement actions in the courts. They typically have quite a big impact on the people and organisations that they regulate. They are, in short, important. They should not be capable of being established via secondary legislation for the simple reason that such legislation does not allow their purposes, scope and operating practices to be subject to adequate debate.
In the Commons, debate on any statutory instrument is limited to 90 minutes. While we can take slightly longer in your Lordships’ House, the nature of statutory instruments, as the Minister knows, is that they can only be approved unamended or rejected outright, except in the most extreme circumstances. If we attempt, as we very rarely do, to reject them outright, we are accused by the Government of exceeding our powers, and the noble Lord, Lord Strathclyde, is wheeled out to threaten us with dire consequences.
I had rather hoped that the noble Lord, Lord O’Donnell, who had planned to be in his place, was in his place, because he wrote the Cabinet Office guidance which clearly explains to Ministers that they should use primary legislation when establishing public bodies. However, in order to check whether I was right in thinking that it was normal practice to establish public bodies by primary legislation, I had a look at the public bodies that the Government proposed to abolish in the Public Bodies Act. These were a very wide range, from the Administrative Justice and Tribunals Council to the Victims’ Advisory Panel.
I asked the Library to discover by what power this random cross-section of public bodies had been established. Of the 34 listed in Schedule 1 to the Bill they looked at 27. They were without exception established by primary legislation, and while it is unsurprising in the case of larger entities such as the Competition Service—established by the Enterprise Act 2002—it was also the case with relatively insignificant ones such as the Home Grown Timber Advisory Committee, established by the Forestry Act 1967, or the Railway Heritage Committee, established by the Railway Heritage Act 1996. So what the Government are proposing in the Bill is without precedent. Certainly, any body established to fill a gap created by our exit from the EU would be more important than some of those I have already mentioned.
Is such a departure justified? I do not, as a matter of principle, believe that it is, but if it were to be justified, the only grounds I could imagine the Government plausibly advancing were that there were simply far too many bodies to be established by primary legislation by exit day. At first sight this argument looks as though it might have some merit. There are, excluding the EU’s core institutions such as the Commission and the Parliament, some 54 other EU bodies described by the EU as,
“specialised agencies and decentralised bodies”.
Virtually all of them are set out in Amendment 263, in the name of the noble Lord, Lord Whitty. But the truth is that we will not need to replicate anything like that number.
Clearly, we will not need to replicate the functions of the European Police College, or the Translation Centre for the Bodies of the European Union, or the European Institute for Gender Equality. We will not need to create new bodies in the area of financial regulation. In some cases, the question of whether we need to create new bodies or not is extremely unclear. The Prime Minister, in her speech last week, suggested we would be seeking associate membership of three bodies, which we are already members of by virtue of our European membership—namely, the European Medicines Agency, the European Chemicals Agency and the European Aviation Safety Agency. It is clear that, if we stayed in those bodies, the need to replicate them would be very small, if needed at all. However, the negotiating mandate published today by the European Council states that:
“The European Council further reiterates that the Union will preserve its autonomy as regards its decision making and excludes participation of the United Kingdom as a third country to EU institutions, agencies or bodies”.
It seems that, since the point at which I first drafted my speech for this evening, we may need to create three more bodies than I had originally envisaged. None the less, the total number we are talking about is substantially smaller than 54 and, almost certainly, is less than 10. Indeed the Government have already admitted that some bodies which will need to be created, will be created by primary legislation. We heard earlier today, when we were talking about environmental protections, that there will be an environmental protection Bill with a new environmental body created within it which replicates some of the functions of European environmental agencies.
So, despite the lack of clarity, we are talking about a relatively small number of bodies for which primary legislation should be needed—and there is almost certainly time for that legislation. Before leaving the subject, I would like to refer back to the debate we had earlier, when we discussed Euratom, and also discussed Amendment 263 in the name of the noble Lord, Lord Whitty. That debate asked an extremely important question of the Government, which was: will they publish strategies explaining how these various bodies are to be replicated, or not replicated, and what we should do to fill any gaps, so that we know what is happening? The answer given by the noble Lord, Lord Callanan, consisted of a single sentence. He said that it,
“would be neither helpful to Parliament, nor in the national interest”.—[Official Report, 21/2/18; col. 252.]
I suggest to the noble Lord that both those statements were false. It will be in the interest of Parliament to know how the Government intend to fill gaps in respect of public bodies caused by our leaving the EU. For the noble Lord to assume that he knows what is in the interest of Parliament is rather extraordinary. What he really means is that it is not in the interest of the Government to say what they will do to fill the gaps, because they clearly do not know. They do not know where they will get to in the negotiations and I suspect that, regarding some of these bodies, they do not know, full stop. I invite the Minister in his reply this evening to be a bit more gracious towards the noble Lord, Lord Whitty, and his suggestion, and to commit the Government to come forward with some suggestions as to how they are going to fill the gaps that they are about to create.
On the amendment itself, it is very straightforward. There is a well-established principle in British practice and law that public bodies are established by primary legislation. The Government are seeking to tear up that convention for no good reason and they should desist.
Lord Adonis
My Lords, the difficulty with having been in this House for a number of years is that all these debates come round and round. I wish that the noble Lord, Lord Newby, was right in saying that this is the first time we have been faced with sweeping powers for Governments to reform public bodies by secondary legislation. He may remember that one of the first acts of the coalition Government in 2010 was to introduce the Public Bodies Bill. I vividly remember the debates on that Bill because it gave sweeping powers to the Government to abolish public bodies by statutory instrument. Because it is the job of the Opposition to oppose draconian attempts by Governments to seize Henry VIII powers, those of us on this side of the House made exactly the same speech as the noble Lord, who was then sitting on the Bench opposite, has made, saying why that should not happen.
There was then one of those classic showdowns between the House of Lords and the House of Commons. From memory, it centred on whether the Youth Justice Board, which at that time was threatened with abolition, should be capable of being abolished and whether it should be done by primary or secondary legislation. We all thought that was a very bad idea because it was doing such a brilliant job of dealing with the problem of young offender institutions. I believe we saved the Youth Justice Board, and all the brilliant developments in penal policy that we have seen in this country in the last eight years, which have been such a phenomenal success, are no doubt due to its survival at the insistence of the House of Lords in 2010.
The proposal put forward by the noble Lord is all immensely worthy and I obviously support everything he has said. The power grab by the Government which the noble Lord, Lord Callanan, who I see is now back in his place, is trying to undertake is utterly reprehensible. I thought I heard the noble Baroness say earlier that the Government are prepared to move on this. I hope that the noble Lord and the noble Baroness have been speaking so that we can bank this great act of liberalism on the part of the noble Lord. It will be the first one that we have heard since he assumed his current place but we would welcome it greatly.
I simply note that in the great scheme of the United Kingdom leaving the European Union, this is a small issue. It is a classic House of Lords issue where we will probably achieve a great victory. It will make no difference whatever in the great scheme of things but I suppose that is why we are here.
Lord Hannay of Chiswick (CB)
My Lords, I rise to take the place of my noble friend Lord O’Donnell, who unfortunately cannot be here, to make it clear that there are quite a few others on these Benches who share his views. I would not be so unwise as to talk about the collectivity of Cross-Benchers—I have been around long enough to know that that does not exist—but there are quite a few, and for the same reason. I hope that when he comes to reply to this debate, the Minister will not again trot out the “housemaid’s baby” argument that he has been using all evening—that it is a very small one and nothing terrible is going to happen, et cetera. We are talking here about some quite significant decisions which, as the noble Lord, Lord Newby, said, have invariably, and quite correctly, in the past been taken by primary legislation.
I know—this is very welcome—that in her Mansion House speech the Prime Minister rather reduced the number of public bodies that might have to be created following our leaving. She has recognised that we would do much better to stay in a number of the public bodies that already exist in the European Union, and we will see whether that bears fruit in the negotiations. That might reduce the list but it does not remove the problem. Therefore, this amendment deserves wide support from all round the Committee. It would be an extremely unwelcome and dangerous precedent if we started delegating the powers to set up these public bodies to a government Minister with only a resolution available and the nuclear option to stop it. I support the amendment.
Lord Whitty (Lab)
My Lords, as the noble Lord, Lord Newby, was kind enough to refer to my amendment, which was probably misgrouped at an earlier stage when we were discussing Euratom, I wish to underline the points that he makes. At that time I asked the Minister to set out for Parliament the approach to the EU agencies that the Government were going to take in the negotiations. Frankly, the noble Lord was far too dismissive of that approach, and it would do him some good now if he were to say that at some point during the course of the Bill the Government will set out the line that they will take. After all, as has been said, the Prime Minister has set out her line in relation to some of those agencies. Unfortunately, within 48 hours, the EU has effectively said, “Sorry, that is not on”—not only for the post-transition period but for the transition period itself. While we were continuing to follow the rules and procedures of those agencies, we would no longer take part in their activities. We have an issue here.
I was a bit diffident about the coalition’s Public Bodies Bill—I did not want to embarrass the noble Lord, Lord Newby, who has been so kind to me—but, as my noble friend said, the achievement of the House of Lords was to knock out an enormous schedule. The Chief Whip, who was the Minister in charge of the Bill at that time—he is now in his place—looks less fraught with this Bill than he did when he was dealing with the Public Bodies Bill. In the end he wisely convinced his colleagues that he had to drop the huge schedule that gave carte blanche powers to the Government to abolish or tweak the responsibilities of a host of public bodies. That Bill was to abolish bodies or alter their remit; this Bill is to set up entirely new bodies. Unless we do that knowing what the overall approach is, this House cannot give the Government that degree of power.
Mention has been made of the new environmental body. Strictly speaking, under this clause as it currently stands, the Government would be able to establish, under secondary legislation, the kind of body that the noble Lord, Lord Krebs, who is no longer in his place, was arguing for earlier—a body so powerful it could sanction other public bodies, including the Government, if it was able to reproduce the powers that presently rest with the European Commission. That is an enormous power, which this House would not allow the Executive arm of government on its own without primary legislation conducted through the two Houses.
I recognise that there is a timescale problem for the Government, but might it be possible to set up some of these bodies in shadow form? If there are 10 bodies, as the noble Lord suggests, there may be a need at least to stop the process before the final passage of this Bill. To have permanent public bodies to regulate large swathes of our public life, industry and personal behaviour—even if there are only a dozen of them—would require primary legislation. This House needs to assert that it does and the Government need to accept that.
Lord Beith
My Lords, I support my noble friend Lord Newby on one specific reason why it is primary legislation that we use, and should use, for the creation of public bodies, even in these circumstances. He referred to the somewhat limited procedures in both Houses, but particularly in the Commons, for dealing with statutory instruments, but one abiding characteristic of them is that they do not admit of amendment. When a public body is being created, even in the short timescale we are talking about here, its remit, terms of reference, composition and the powers it can exercise are incapable of amendment. The idea that the Government would produce so perfect a form that it would not benefit from amendment, or even discussion of amendment, is so fanciful that I am sure the Minister will not advance it. Surely primary legislation capable of amendment, even if addressed with greater speed than normal because of the circumstances, is the only defensible way of doing something as extensive as creating a public body.
Baroness Altmann (Con)
My Lords, I have added my name to these amendments. I believe that public bodies should be established by primary legislation. Parliament must have the opportunity to properly scrutinise and access the expenditure associated with trying to replicate bodies to which we already belong. The Bill, and in particular Clause 7, contains elements that are frightening to those of us who believe in parliamentary democracy. Handing such powers to the Executive is a gross dereliction of duty. I encourage my noble friend to urgently ask his department to reconsider the Government’s current intention to leave so many excellent EU agencies and try to recreate our own versions.
Baroness Whitaker
My Lords, it must be inherently undemocratic for bodies that have significant obligations, for instance under the Equality Act or the Human Rights Act, not to be set up with the full parliamentary scrutiny of primary legislation, so I support these amendments.
Baroness Hayter of Kentish Town
My Lords, I think the good news is that we heard a hint earlier that this might be one of the areas where we are going to hear a bit of movement tonight. If the Chief Whip will allow us to go home after this group, we will be sent home in a very happy mood.
My name is also on these two amendments and I will not make the case again, because the noble Lord, Lord Newby, made the clearest of cases against the use of secondary powers to create new quangos, with others adding similar reasons for why this is not just a power too far but is in breach of government guidelines.
I will add only two points. First—this is a slight gripe, I am afraid—in answer to my Written Question as to whether there were other examples of NGOs established by secondary legislation, the noble Lord, Lord Young of Cookham, said that it was not possible to answer other than “at disproportionate cost”. But the Government must have known why I was asking this Question—they have a brain—and I would have thought that if there were some public bodies set up by secondary legislation they could have found a few examples. This was some time ago. Unfortunately it is an undated letter—like many I get from the Government —but it is HL1651, so I think it was probably last year that I asked it.
My second point—and in a sense it is really the point touched on by the noble Lord, Lord Beith—arises from my experience both as a consumer representative and as a former member of various regulatory bodies set up always by statute. It is simply to say that the very way we establish those bodies—whether it is the Charity Commission, the Competition Commission, the Legal Services Board or the National Consumer Council of which my noble friend Lord Whitty was such an eminent chair until the Public Bodies Act abolished it—affects how they do their job. The founding statute will spell out their task and set out the “have regards to” that influence how they set about their work. It will also define who sits on their boards, how they are appointed, to whom they report and whether, for example, they have a duty to heed consumers in the relevant industry, the regulated industry itself, the employees, the wider social considerations such as the environment or things like that—and indeed their degree of independence from the Government. It is a crucial part of the function of many public bodies.
Such limitations on the powers of those public bodies, and the requirements for how they operate, are written in primary legislation. They can be discussed carefully, they can be amended—as we did before with others, as the noble Lord, Lord Beith, said—they can be debated in this Chamber or in the other place, and they could have pre-legislative scrutiny. For example, setting up a new public ombudsman—as the Member in the other place Mr Jenkins has been recommending—could come by a Bill and could be amended after consultation with the relevant interested parties. That is the way that we should set up public bodies. Instead, this Bill says to a Minister, “Well, you decide. You decide how to set it up; you decide how its board will be established; you decide who to appoint it—probably you could decide to appoint your friends to it”—and Parliament will nod it through. That is not good enough and this power must be dispensed with.
Lord Callanan
My Lords, I welcome the opportunity to respond to the debate, if only to confound all the prejudices of the noble Lord, Lord Adonis, that I am some inflexible hardliner who never gives him anything he might want and that only my noble friend Lady Goldie can—I was going to say “satisfy him”, but perhaps I should not use that word. He could not put a cigarette paper between us, by the way. She might do so with more charm than me, but we are saying essentially the same thing.
I understand that a number of noble Lords are concerned about the scope of this power and I reassure your Lordships that the Government are listening to those concerns. When Clause 7 was drafted, we thought it would be only sensible for the sake of contingency to include in its scope the ability to establish new public authorities to ensure, as many amendments in the other place sought to ensure, against losing any important functions as they are transferred over from the EU, as no such public authority may currently exist in the UK. Certainty and continuity are, after all, the watchwords of the Bill.
We have been clear that our preference will always be, where possible, to transfer any functions returning from the EU to existing bodies in the UK, but it has proven necessary to legislate in parallel with negotiations because of the strict Article 50 timeline. Therefore, we do not know at this stage exactly which functions are returning. We must make this legislation without prejudice to those negotiations, where, as the Prime Minister said in her Mansion House speech last week, we are looking to continue a productive relationship with various EU bodies as part of our deep and special partnership.
The noble Lord, Lord Whitty, asked about our strategy towards the agencies. Where there is a demonstrable national interest in pursuing a continued relationship with any EU body or agency, the Government will consider carefully whether we should do so. However, as he knows, it is ultimately a matter for negotiations. We remain committed to keep Parliament as fully informed as possible without prejudice to our negotiating position.
However, we already know of one function that we expect to return to the UK and which it is agreed does not sit happily with any existing public body: our environmental protections. This prompted the Secretary of State for Environment, Food and Rural Affairs to announce our intention to consult on a new, independent and statutory body to advise and challenge the Government and potentially other public bodies on the environment—we discussed this extensively earlier—stepping in when needed to hold these bodies to account and enforce standards. As such, we need to retain the power until we can be confident of delivering all necessary legislative changes without it.
It is for this reason that I am sorry to say that we will not be accepting Amendments 83 and 94 in the name of the noble Lord, Lord Newby, which seek to remove this ability from the scope of the power. The Government have a responsibility to safeguard against the potential disruption and confusion caused to businesses and individuals as we exit the EU, and we believe that the ability to create new public authorities plays a big part in ensuring this. However, the Government also recognise their responsibility to Parliament in listening to Members’ concerns regarding the legislation it seeks to pass. Therefore, I can assure noble Lords that the Government are working hard on finding a resolution to this matter that will satisfy the concerns of noble Lords—maybe even the noble Lord, Lord Adonis—and we will revisit it on Report. In the meantime, with those assurances, I hope the noble Lord will be able to withdraw the amendment.
Lord Newby
My Lords, I am most grateful to everybody who has spoken in this debate and to the Minister for his reply. On several occasions this evening he has managed to combine Dr Jekyll and Mr Hyde in the same speech and he has repeated that performance here. I am pleased, none the less, that the Government are considering how to deal with this issue. The only thing that slightly concerns me, both in this case and others where we have had the same response from the Government Front Bench, is that that clock is ticking quite quickly towards Report. The fact that the Government are thinking about it is better than their not thinking about it, but we will soon come to a point at which their thoughts need to be crystallised in something that we can look at.
The noble Lord, Lord Whitty, made an extremely sensible suggestion for how we can deal with some of these issues in the short term, with the establishment of shadow bodies, and I hope that is one of the options the Government will consider as they move forward. We shall return to this, in one form or another, on Report, but for this evening I beg leave to withdraw the amendment.