All 8 Commons Chamber debates in the Commons on 22nd Jan 2020

Wed 22nd Jan 2020
Wed 22nd Jan 2020
Wed 22nd Jan 2020
European Union (Withdrawal Agreement) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong & Ping Pong: House of Commons
Wed 22nd Jan 2020
Telecommunications Infrastructure (Leasehold Property) Bill
Commons Chamber

2nd reading & 2nd reading: House of Commons & 2nd reading & 2nd reading: House of Commons & 2nd reading & Programme motion
Wed 22nd Jan 2020

House of Commons

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
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Wednesday 22 January 2020
The House met at half-past Eleven o’clock

Prayers

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
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Prayers mark the daily opening of Parliament. The occassion is used by MPs to reserve seats in the Commons Chamber with 'prayer cards'. Prayers are not televised on the official feed.

This information is provided by Parallel Parliament and does not comprise part of the offical record

[Mr Speaker in the Chair]

Oral Answers to Questions

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office was asked—
Ben Spencer Portrait Dr Ben Spencer (Runnymede and Weybridge) (Con)
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1. What steps his Department is taking to help ensure value for money in public sector infrastructure investment.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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2. What steps his Department is taking to help ensure value for money in public sector infrastructure investment.

Jeremy Quin Portrait The Parliamentary Secretary, Cabinet Office (Jeremy Quin)
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This Government are working to level up economic and social infrastructure, with an additional £100 billion investment commitment. We will ensure that all citizens across the UK benefit. The Cabinet Office works closely with Her Majesty’s Treasury through the Infrastructure and Projects Authority. This helps to ensure that taxpayers get good value for money. The IPA evaluates and assures major projects from their initial stages through to completion.

Ben Spencer Portrait Dr Spencer
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May I first congratulate the Minister on his appointment? He should be aware of the detrimental impact on Runnymede and Weybridge from our over- stretched road network, particularly the A320 and M25. What are the Government doing to target investment at the modern infrastructure that all our communities and businesses need?

Jeremy Quin Portrait Jeremy Quin
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I thank my hon. Friend for his kind words and congratulate him on his election to this place. I can reassure him that the Government are committed to investing across our regions and nations, including the south-east. A business case has been submitted for the A320 north corridor; it is at an early stage, and the Department for Transport is working closely with the local authority to develop the scheme. Between 2015 and 2020 the Government will have spent nearly £18 billion on England’s strategic roads. On the M25 this is delivering additional capacity, including through junction enhancements.

Jerome Mayhew Portrait Jerome Mayhew
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I too welcome the Minister to his place. He should be aware that Broadland needs the construction of the western link road, the missing link in Norwich’s answer to the M25. What steps is he taking to ensure that public money is spent efficiently so that all communities represented in this House get the infrastructure they deserve?

Jeremy Quin Portrait Jeremy Quin
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I thank my hon. Friend for what I believe is his first question in this place, and for his kind words. This is not just a concern of his Broadland constituents; by the sound of it, it is a concern shared by his constituency neighbour and my neighbour here on the Treasury Front Bench, my hon. Friend the Member for Norwich North (Chloe Smith). I understand that a business case for the link has been submitted and that officials from the Department for Transport are engaging with the local authority. My hon. Friend the Member for Broadland (Jerome Mayhew) is absolutely right that the IPA, through direct support, and independent assurance reviews and leading a network of project delivery professionals, helps drive cost-effectiveness across Government.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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One of the biggest projects that the Government have to deliver is the restoration and renewal of this Palace, which is one of the most loved buildings in the world. If we are to do that, we need skills that currently are not available in the workforce. Does the Minister agree that this presents a major opportunity to ensure that in every constituency in the land young people are being trained in those skills so that everybody has an investment in this building?

Jeremy Quin Portrait Jeremy Quin
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I agree with the hon. Gentleman. This is a great opportunity to ensure that we upskill our workforce. We are very proud of the fabric of this building, and very proud of what it symbolises for our country, and it will be great if we can make certain that we are engaging people across the United Kingdom in the work that needs to be done.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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Yesterday it was established that the majority of supply chain contracts for the offshore wind farm Neart Na Gaoithe are going abroad. When are the UK Government going to incentivise the auction process so that bidders who use local supply companies such as BiFab and CS Wind in Scotland are awarded the contracts, creating further green jobs?

Jeremy Quin Portrait Jeremy Quin
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Throughout Government we are determined to ensure that we have the simplest possible process for procurement, and the Government Contracts Finder has made certain that we have more transparent procurement, which helps SMEs, among others. The hon. Gentleman raises a good point, but I will have to look into the specifics.

Rosie Cooper Portrait Rosie Cooper (West Lancashire) (Lab)
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3. What plans the Government have to reform the civil service.

Oliver Dowden Portrait The Minister for the Cabinet Office and Paymaster General (Oliver Dowden)
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This new Government are committed to delivering on Brexit and seizing on the exciting opportunities presented by our new manifesto, but in order to do this we need to build on the successful reforms of the civil service since 2010, going further and faster to ensure that it has the new skills, such as in data analytics, better training, greater accountability and the right pay and incentives to transform the United Kingdom.

Rosie Cooper Portrait Rosie Cooper
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The Institute for Government estimates that the number of civil servants based in London is growing, with two thirds now working in the capital. How does the Minister reconcile that with the Prime Minister’s statements about moving Whitehall Departments to the north of England and making Government more relevant to people in the north, for example my constituents in West Lancashire?

Oliver Dowden Portrait Oliver Dowden
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The hon. Lady raises a very important point about the need to move Government activity out of London. That is why, for example, we have created a default whereby when new agencies are created, they must be located outside London and the south-east. I know that the Prime Minister is determined to go further and faster with that agenda.

Robert Courts Portrait Robert Courts (Witney) (Con)
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I welcome the manifesto commitment to offer guaranteed interviews for veterans—people for whom public service is so hugely important—in the public sector. Will the Minister confirm that the Government will be taking that forward with real energy as they consider wider reform?

Oliver Dowden Portrait Oliver Dowden
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As ever, my hon. Friend raises an important point. People who have served in our armed forces can also make an enormous contribution to wider life, including in the civil service. That is why I am determined that we deliver on that manifesto commitment, and I have already instructed officials to make that happen.

Jon Trickett Portrait Jon Trickett (Hemsworth) (Lab)
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Thank you, Mr Speaker. This is the first time I have asked a question with you in the Chair, so congratulations.

The Government are right to press forward with looking carefully at how we can modernise the civil service, whose independence and professionalism, as I am sure we all agree, are essential to good governance. On current trends, it looks as though the Government are going to spend £50 million in this Parliament on political appointees. Is that a wise decision? Three of them earn as much as the Prime Minister, more or less, and one of them thinks it is okay to advertise on his blog for “weirdos and misfits” to apply for the civil service. Meanwhile, 40% of professional civil servants in the Department for Exiting the European Union have left in the last year—it is a shambles.

As Minister for the civil service, will the right hon. Gentleman give the House an assurance now that he will protect civil service professional standards, even though that may mean that from time to time he comes into conflict with politically inspired chaos from No.10 Downing Street?

Oliver Dowden Portrait Oliver Dowden
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The hon. Gentleman has raised a large number of points. First of all, I can of course reassure him that the independence and integrity of the civil service will be upheld. I notice that he has taken an interest in Dom Cummings’ blog; he is very welcome to register his interest in applying for such a role. However, the point that the hon. Gentleman was making is important: if we are to have a good civil service for the 21st century, it is essential that we harness all the talents of this nation. That includes, for example, people with data analytics skills and a diversity of talent.

Andrew Bowie Portrait Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
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I know that my right hon. Friend agrees with me that this is a Government for the entire UK—one of Scotland’s two Governments, in fact. In the spirit of civil service reform, what thought has he given to moving more civil service jobs out of London—to the north-east of Scotland, for example?

Oliver Dowden Portrait Oliver Dowden
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As ever, my hon. Friend raises an important point, and I look forward to joining him this Friday in the north-east of Scotland. I am sure that we will discuss exactly those sorts of opportunities. Recently, I saw a large new hub being created in Edinburgh so that we can bring together Government services for Scotland in one place.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Every Government should get the civil service that they deserve, and this oddball bunch of hard Brexiteers are possibly entitled to their army of weirdos and misfits. Given that Dominic Cummings practically runs this Government, let us celebrate this Government of all the wackos!

It is also rumoured that the Minister’s right hon. Friend the Chancellor of the Duchy of Lancaster is to be made de facto Deputy Prime Minister. How does he fit into this talent pool agenda? Is he entirely sure that he has the approval of Mr Cummings?

Oliver Dowden Portrait Oliver Dowden
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I can think of no one whom I would rather work alongside in delivering reform of the civil service than my right hon. Friend the Chancellor of the Duchy of Lancaster, who has done so much to reform education and justice. I am sure that he will help do exactly the same in relation to the civil service.

Sally-Ann Hart Portrait Sally-Ann Hart (Hastings and Rye) (Con)
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4. What steps his Department is taking to (a) support and (b) protect people standing in elections.

David Amess Portrait Sir David Amess (Southend West) (Con)
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12. What steps his Department is taking to (a) support and (b) protect people standing in elections.

Chloe Smith Portrait The Parliamentary Secretary, Cabinet Office (Chloe Smith)
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Everyone should be able to participate in politics without fear. The increasing level of abuse directed at those in public life is a worrying trend, which stops talented people standing for public service and puts voters off politics. We in Government work across a range of Departments and other bodies to ensure a thorough response to incidents and deliver the best security advice and support. We are also committed to introducing a new electoral offence of intimidating a candidate or campaigner in the run-up to an election.

Sally-Ann Hart Portrait Sally-Ann Hart
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I thank the Minister for that response, and I welcome her back from maternity leave; it is a pleasure to see her back in her place. Does she agree that at times during the last election the commentary and actions of others were misleading, inaccurate and vicious, and that there should be no place for that in our politics, regardless of political persuasion? What steps does she think we should take to ensure that, as leaders in our communities across parties, we conduct our engagement together in an open, respectful and honest way?

Chloe Smith Portrait Chloe Smith
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I thank my hon. Friend for her kind words and welcome her to her place, along with all new Members. She is absolutely right to set the tone that we should aim to strike in the Chamber and in our work for our constituents. Robust political debate is fundamental, but threats and other forms of abuse are not acceptable. I extend to her the invitation that I have recently circulated to hon. Members, to talk to me about any aspect of the elections that they have recently experienced after this session at 1 o’clock, when I shall be delighted to hear more.

David Amess Portrait Sir David Amess
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Now that we have a Government elected with a majority, can we please address the situation whereby people can post online abuse without having to have their names and addresses published?

Chloe Smith Portrait Chloe Smith
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First, I think that companies need to tackle such abusive behaviour and take responsibility for that on their services. That could include taking steps to limit the use or abuse of anonymity. The Government are also taking forward measures to put digital imprints on online political material. That will be a way to help voters to see who is saying what and hold them to account.

Lindsay Hoyle Portrait Mr Speaker
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I call Mike Amesbury.

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
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According to the international fact-checking agency, First Draft News, almost 90% of ads posted on Facebook by the Minister’s party in the first few days of December were misleading. Does she agree with the Information Commissioner—

Lindsay Hoyle Portrait Mr Speaker
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Order—Question No. 5, and then we will come back to you.

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
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5. What assessment he has made of the level of accuracy of political advertising in the 2019 general election.

Chloe Smith Portrait The Parliamentary Secretary, Cabinet Office (Chloe Smith)
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Thank you very much for that helpful clarification, Mr Speaker.

We do not assess or regulate political arguments, which can be rebutted as part of normal debate. In a free democracy it is for voters to decide on the value of those political arguments, but we think that our regulation should empower voters to do so and be modernised. That is why we are taking forward the digital imprints regime, which I just referred to.

Mike Amesbury Portrait Mike Amesbury
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Thank you, Mr Speaker—I will go again. According to the international fact-checking agency First Draft News, almost 90% of the ads posted on Facebook by the Tory party in the general election were misleading. Does the Minister agree with the Information Commissioner that the current electoral laws on digital campaigning are not fit for purpose?

Chloe Smith Portrait Chloe Smith
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I welcome the hon. Gentleman back to his place and back to Question No. 5. I think I dealt with the point about regulation in my response, but I am afraid I have to add that the report that he refers to is entirely discredited. I think he misses the point in another way as well: we trust voters to make their decisions on political arguments, and in the biggest decision of all voters chose the Conservatives to take matters forward.

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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I am sure that the Minister would agree that the UK should lead with best practice when it comes to political campaigning. If she is confident that the Tory party adverts were beyond reproach during the general election, why will she not ask the Electoral Commission to conduct an independent review of political advertising?

Chloe Smith Portrait Chloe Smith
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I welcome the hon. Lady to her place on the Opposition Front Bench; this is the first time that I have engaged in questions with her. I think that, in her question, she misunderstands the fundamental nature of independence. I am not in a position, and neither is any Minister, to direct the Electoral Commission, and nor should we be. Moreover, she entirely misses the point; the voters took their choice on the validity of the arguments put at the general election, and her side’s were not good enough.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
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6. What steps he is taking to ensure the preparedness of Government Departments for the UK leaving the EU on 31 January 2020.

Michael Gove Portrait The Chancellor of the Duchy of Lancaster (Michael Gove)
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I welcome you to the Chair, Mr Speaker.

In 10 days the United Kingdom will once more be an independent nation and ready to assert our international role with renewed confidence. Departments across Government are undertaking all the necessary work to embrace these new opportunities, and we will continue to do so during the implementation period, which ends on 31 December.

Robert Halfon Portrait Robert Halfon
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One of the most important things we can do as we approach independence day is to have a highly skilled workforce. Will my right hon. Friend ensure that, when businesses and organisations bid for Government contracts, apprentices make up a high proportion of their workforce?

Michael Gove Portrait Michael Gove
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My right hon. Friend is right that one of the many benefits of leaving the EU is the chance to overhaul Government procurement to make it more efficient, more responsive and more flexible, and to ensure that British talent takes its place at the forefront of wealth creation, and at the heart of that must be more young British apprentices. This will develop the skills we need to succeed in the 21st century.

John Spellar Portrait John Spellar (Warley) (Lab)
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14. Those fine words will mean nothing if the contracts do not go to British companies, so will the Government take the opportunity at last to give priority to British firms and get local authorities and other public bodies to do the same? Let’s give business to British firms employing British workers.

Michael Gove Portrait Michael Gove
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I am very grateful to the right hon. Gentleman for making the case that was made so eloquently by Vote Leave in 2016. There is more joy in heaven over one Member for Warley who repenteth than over many others who still take a different view. He is absolutely right; one of the many benefits of Brexit is that we can buy British and put British firms, British workers and the whole United Kingdom first.

Jason McCartney Portrait Jason McCartney (Colne Valley) (Con)
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7. What steps the Office for Veterans’ Affairs is taking to (a) support and (b) care for veterans.

Johnny Mercer Portrait The Minister for Defence People and Veterans (Johnny Mercer)
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No previous Government have been more committed to our armed forces, as shown by our creation of the new Office for Veterans’ Affairs. The Government are championing veterans and will ensure that the UK is the best place in the world to be a veteran. Today we are publishing our response to the consultation on the strategy for our veterans. This is the first stage of a step change in the nation’s relationship with her military and veterans community.

Jason McCartney Portrait Jason McCartney
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As a Royal Air Force veteran and president of the Huddersfield branch of the Royal Air Forces Association, I am delighted that the Government are cracking on in delivering the veterans’ railcard, which will leave more money in the pockets of those who have made a unique commitment to our country. Can the Minister confirm details of when the railcard will be available and confirm that discounted rail travel will also be available to veterans’ families?

Johnny Mercer Portrait Johnny Mercer
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I thank my hon. Friend for all the support he gives to veterans in the House. The veterans’ railcard will be available by Armistice Day this year, and the support will extend to families so that they can enjoy the advantages of discounted travel as well.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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8. Whether he has plans to bring forward legislative proposals to implement the recommendations of the 2018 review of parliamentary constituency boundaries.

Chloe Smith Portrait The Parliamentary Secretary, Cabinet Office (Chloe Smith)
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As we set out in our manifesto, the Government will ensure that we have updated and equal parliamentary boundaries, making sure that every vote has equal value. We continue to monitor closely the current legal proceedings in relation to the Boundary Commission for Northern Ireland’s final report. The final reports of the four boundary commissions and the 2018 boundary review were submitted to the Government and laid before Parliament in September 2018. We will provide further details in due course.

Liz Twist Portrait Liz Twist
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Do the Government intend to legislate for the proposals in the previous review, or will they be conducting a new review with new parameters?

Chloe Smith Portrait Chloe Smith
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As I said, we will bring forward details in due course, and I can assure the hon. Member that those will follow our manifesto commitment to equal boundaries and equal vote values. I sincerely hope that her party believes in the same thing.

Margaret Ferrier Portrait Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
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T1. If he will make a statement on his departmental responsibilities.

Michael Gove Portrait The Chancellor of the Duchy of Lancaster (Michael Gove)
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The year 2020 will be one of growth and opportunity for our entire United Kingdom. The year has started positively with the restoration of devolved government in Northern Ireland, and I pay particular tribute to all the parties involved. I am delighted to say that the Prime Minister has ruled out a divisive rerun of the Scottish independence referendum and has encouraged our colleagues in the Scottish Government to concentrate on the day job and ensure that they improve health and education for the citizens of Scotland. I am glad that the political division and uncertainty that a referendum would cause have been ruled out, and I look forward to meeting Ministers from the devolved Administrations in Cardiff next week to see how we can work together in the interests of all.

Margaret Ferrier Portrait Margaret Ferrier
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Can the Minister take the necessary steps to confirm Heather Anderson as the new MEP for Scotland following the election of my hon. Friend the Member for Stirling (Alyn Smith) to this House, and can he confirm that the UK Government will not allow the voters of Scotland to be under-represented in their European Parliament when it votes on the withdrawal agreement that they have overwhelmingly rejected?

Michael Gove Portrait Michael Gove
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The hon. Lady has made a fair point, and it gives me an opportunity to congratulate the new hon. Member for Stirling (Alyn Smith), who served with distinction in the European Parliament. We will, of course, do everything we can to ensure that there is appropriate representation for every part of the United Kingdom for the remaining 10 days of our membership.

Selaine Saxby Portrait Selaine Saxby (North Devon) (Con)
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T3. Will my right hon. Friend set out for the benefit of the House the work being done across Government and co-ordinated by his Department to ensure that farming communities like mine in North Devon climb, soar and succeed as a result of Brexit?

Michael Gove Portrait Michael Gove
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It was one of the joys of my previous job as Environment Secretary to visit farmers in North Devon. Theirs is some of the finest produce in the United Kingdom, and as we leave the European Union there will be an opportunity for us, on a global stage, to ensure that that Devonian produce reaches all the customers that it deserves to reach.

Cat Smith Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
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What plans have the Government to bring the House of Lords into the 21st century? If, as I suspect, the answer is none, may I remind the Chancellor of the Duchy of Lancaster that it was the House of Lancaster that won the Wars of the Roses, and may I suggest, if the Government are looking to relocate their lordships, that we have a fine mediaeval castle in the city of Lancaster which has recently been vacated by the Ministry of Justice?

Michael Gove Portrait Michael Gove
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I yield to no one in my admiration for the Duchy of Lancaster. I recognise that as the Government decide where agencies of both Government and Parliament should go we should think fondly of the north-west as well as Yorkshire and the north-east, but I cannot help saying to the hon. Lady that when she talks about fratricidal conflict in mediaeval times, when people were putting each other to the sword, she reminds me of nothing so much as the deputy leadership contest of the Labour party.

Giles Watling Portrait Giles Watling (Clacton) (Con)
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T4. Thank you for calling me, Mr Speaker, and may I say how lovely it is to see you in your place?The Government’s aim of creating a level economic playing field between the north and the south is laudable and much needed, but can the Minister assure me that, in the rush to create this much-needed equality, we will not overlook deprived coastal areas in the south, such as some in the Clacton constituency which have been overlooked so often in the past?

Jake Berry Portrait The Minister for the Northern Powerhouse and Local Growth (Jake Berry)
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The reason that, in just 10 days’ time, we on this side of the House are getting Brexit done is so that we can drive growth across our United Kingdom. From Clacton to Caithness, from Holyhead to Hull, we will be investing millions of pounds in communities, not least £2.5 million in the coastal community of Clackers.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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T2. I wonder whether the Chancellor of the Duchy of Lancaster shares my concern about the lack of transparency in campaigns, and about rumours of wrongdoing in previous campaigns. Will he be responding to the recommendations of our all-party parliamentary group on electoral campaigning transparency, which include regulating the ability of campaigns to target voters on the basis of personal data, and streamlining national versus local spending with a per-seat cap on total spending?

Chloe Smith Portrait The Parliamentary Secretary, Cabinet Office (Chloe Smith)
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I will be taking a look at that report, and I shall be happy to talk to the hon. Lady further.

Jack Brereton Portrait Jack Brereton (Stoke-on-Trent South) (Con)
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T5. As office costs are substantially cheaper in Stoke-on-Trent than in London, and it is only an hour and a half away on the train, does my right hon. Friend agree that it would be the perfect place for the relocation of civil servants?

James Cleverly Portrait The Minister without Portfolio (James Cleverly)
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First, let me thank my hon. Friend for being such a passionate and effective advocate for the city of Stoke-on-Trent. Let me also welcome my hon. Friends the Members for Stoke-on-Trent North (Jonathan Gullis) and for Stoke-on-Trent Central (Jo Gideon), who have joined him on these Benches.

The Government have made it clear that the civil service needs to be less London-centric if it is to attract the best talent and do the best possible job. The Cabinet Office has established the Places for Growth programme to drive the necessary planning and preparation in Departments for the relocation of roles, including senior grades, out of London and into the regions in all parts of the United Kingdom.

Abena Oppong-Asare Portrait Abena Oppong-Asare (Erith and Thamesmead) (Lab)
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Thank you for calling me, Mr Speaker, and congratulations again.

More than 1,000 voters have lost the chance to have their say in local elections because of the identification requirements that have been highlighted over the past two years. That figure is 30 times higher than the total number of allegations made about polling station fraud in the whole of England in 2018 and 2019. Does the Minister agree with Professor Toby James from the University of East Anglia that there is no evidence to justify the introduction of voter ID requirements? I say that because the hon. Lady said earlier that we must trust voters when they make their decisions.

Chloe Smith Portrait Chloe Smith
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I welcome the hon. Lady to her seat. On this question, the evidence is on our side, the experience is on our side from pilots and Northern Ireland and, what is more, the British people are on our side as this was a core part of our manifesto. The Labour party needs to ask why it is not on the right side of this question.

The Prime Minister was asked—
Bim Afolami Portrait Bim Afolami (Hitchin and Harpenden) (Con)
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Q1. If he will list his official engagements for Wednesday 22 January.

Boris Johnson Portrait The Prime Minister (Boris Johnson)
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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.

Bim Afolami Portrait Bim Afolami
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I welcome the announcement from the Government this week that tougher sentences, an end to early release and a complete review of the management of convicted terrorists are among a range of measures designed to strengthen this country’s response to terrorism—a promise made by this Prime Minister and a promise delivered. [Interruption.] Does he agree that we need to do everything we can, whatever it takes, to stop sickening terrorist attacks taking place?

Boris Johnson Portrait The Prime Minister
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My hon. Friend is absolutely right about the threat that we face. That is why this Government are putting more resources into catching terrorists, and it is why we have announced a major shift in the UK’s approach to the sentencing and management of terrorist offenders. This Government will do all that we can to keep our people safe.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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Next Monday, we will be commemorating Holocaust Memorial Day. It is a time for us all to reflect on the horrors of the past and to remind ourselves of the evils of Nazism, genocide, antisemitism and, indeed, all forms of racism, which we must always be implacably determined to root out wherever it appears.

This Saturday, hundreds of millions of people will be celebrating Chinese new year around the world, and I am sure that the Prime Minister will join me in welcoming the year of the rat and inviting all Chinese people to have a great time.

If a worker earning just over £12,500 a year receives a £300 bonus, how much of that bonus does the Prime Minister think that worker should be allowed to keep?

Boris Johnson Portrait The Prime Minister
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Let me join the right hon. Gentleman in what he has said about the importance of Holocaust Memorial Day and of stamping out the resurgence of antisemitism in our country. On his point about the low-paid, I think perhaps the best answer I can give him is to remind him that just this week this Government increased the living wage by the biggest-ever amount so that people on the living wage will be receiving an extra £1,000 a year. If he wants further elucidation on his point, perhaps he could ask a better question.

Jeremy Corbyn Portrait Jeremy Corbyn
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Greggs is currently giving 25,000 workers a £300 bonus, but some of those workers who are on universal credit will be allowed to keep only £75 of that £300. If the Prime Minister can answer my question and show me that that is just and fair, I will buy him a vegan roll from Greggs myself. The first aim of universal credit, which is set to affect 6 million people, was to make work pay, but when low-paid workers cannot even keep their own bonuses, it is clear that the Government are punishing, not supporting, people. Will the Prime Minister do something to ensure that workers at companies such as Greggs who are on low pay will be allowed to keep their bonuses?

Boris Johnson Portrait The Prime Minister
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Under this Government, people on low pay will be able to keep more of the money that they earn. It is this Government who are cutting national insurance contributions for everybody in the country, and it is this Government who were increasing the living wage. It was the right hon. Gentleman who voted against tax cuts for the low-paid to the tune of £7,800.

Jeremy Corbyn Portrait Jeremy Corbyn
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The Prime Minister himself fought with unbelievable levels of energy to protect the bankers’ bonus. Why can he not do something about the low-paid on very low wages who need to be allowed to keep their bonuses? The Resolution Foundation report published yesterday highlighted the serious distress caused by the dysfunctional nature of the universal credit system. One claimant says, “Sometimes you are starving”, another said, “It was…horrendous”, and another said:

“It was very hard for me because I’m not very good at computers.”

Does the Prime Minister think that universal credit is meeting its second aim of making the social security system simpler?

Boris Johnson Portrait The Prime Minister
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Yes, indeed; we are making the social security system simpler because we have massively reduced unemployment. On the right hon. Gentleman’s specific point about Greggs, as far as I can understand the situation, Greggs is producing record figures—£7 million extra. One person, I believe, has complained about the bonus system that the right hon. Gentleman remarks upon, but that is in the context of unparalleled growth in employment, with 359,000 more jobs in this country this year than last year and the International Monetary Fund now confirming that the UK economy will grow faster than the eurozone. When is he going to stop talking Britain down and start recognising the extraordinary achievements of the UK economy?

Jeremy Corbyn Portrait Jeremy Corbyn
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The real issue is that many people in work are also in poverty and have to access universal credit, with almost 1 million on zero-hours contracts and more people rough sleeping than ever before. Those are the issues that ought to be concerning the Prime Minister. The third aim of universal credit, it was claimed, was to reduce poverty, but we know that it is having the opposite effect. Under this Government, 65 million meals were handed out by the Trussell Trust food banks over the past five years. The five-week delay for new claimants is leaving people without enough money to cover basic needs. Why is the Prime Minister not taking action to end this punitive and vicious five-week wait for benefits?

Boris Johnson Portrait The Prime Minister
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Universal credit has in fact succeeded in getting 200,000 people into jobs. Contrary to what the right hon. Gentleman says, the number of people in poverty has diminished by 400,000 under this Government and wages have been increasing solidly for the last 22 months. Labour is supposed to have had a period of reflection since the last election—it is supposed to have been reflecting on the result of the general election. Labour has decided, as far as I understand it, that what it wants is even more Corbynism—a four-day week, increases in taxes on working people and uncontrolled immigration from everywhere. I refer the right hon. Gentleman to the answer that the British people gave to him four weeks ago.

Jeremy Corbyn Portrait Jeremy Corbyn
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Wouldn’t it be truly wonderful if the Prime Minister answered a question about universal credit? He has dodged every question on it. The reality is that about half the people going on to universal credit are worse off as a result. The same is true of the very cruel and callous two-child limit under universal credit, which caps benefits for larger families. There are half a million more children living in poverty than there were in 2010 and the number of children in deprivation has soared in the last few years. Why does the Prime Minister just not have the guts to admit that there is a link between poverty and the two-child limit?

Boris Johnson Portrait The Prime Minister
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The right hon. Gentleman cannot accuse me of failing to answer the question when I have answered it very clearly a couple of times. There are 400,000 fewer people in poverty and there has been a substantial reduction in child poverty. He does not like the answers. The reality is that there is a massive increase in employment and growth in this economy. I really think it is time that the Labour party changed its tune, although I have some good news for the leader of the Labour party. He was voted by Labour members as the most popular Labour leader since records began. I want him to know that those sentiments are warmly shared by many on this side of the House.

Jeremy Corbyn Portrait Jeremy Corbyn
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The Labour party will never abandon the poor of this country. The levels of child poverty are a national scandal. The Prime Minister seems unable, incapable or unwilling to answer that question.

Universal credit had three aims. It was meant to make work pay, but low-paid workers are not even allowed to keep their bonuses. It was meant to be simple, but it has created mind-numbing complexity. It was meant to reduce poverty, but it is driving people to food banks. As we have seen today, the Prime Minister is not able to answer questions on it. The fact is that this Government have baked in austerity for tens of millions of people. When will he finally accept that the universal credit system is broken, damaging and dangerous to people’s living standards, and that it should go?

Boris Johnson Portrait The Prime Minister
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The right hon. Gentleman wants to do nothing else except keep people in the welfare trap and stop helping people out of welfare and into work. I think he should pay tribute to all the people who, by their own hard work, have found fantastic jobs over the last year. He should pay tribute to the growth in employment in the UK economy.

Quite frankly, it is this Government who are getting on with delivering on the priorities of the British people: 40 new hospitals, 50,000 more nurses and 20,000 more police officers. The Labour party is still split from top to toe about whether to stay in the EU or to remain run by the EU. It still cannot make up its mind, and he still cannot make up his mind. We deliver on the people’s priorities.

Ben Bradley Portrait Ben Bradley (Mansfield) (Con)
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Q2. I welcome Ofsted’s annual report on our schools. It was released this week and shows great progress, not least that 86% of schools are now rated good or outstanding. With every school in Mansfield set to benefit from a funding increase later this year, the Government can be proud of the progress they are making. However, there is more to do, not least dealing with the 14% of schools that still do not reach that standard, many of which are based in areas that experience all sorts of other inequalities, too. What more can my right hon. Friend do to support and intervene in those schools to level up our education system and make sure that every child can access a good education, regardless of their postcode?

Boris Johnson Portrait The Prime Minister
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I congratulate my hon. Friend on the passion he brings to this debate and to this subject. He is entirely right that Ofsted’s most recent report shows that standards for the kids he and I care about are rising, with 86% of schools now rated good or outstanding. Of course there is more to do, which is why we are investing £40 billion more, but I am regretfully obliged to compare the performance of the schools to which he draws attention with the schools in Scotland where, through no fault of the pupils, performance in maths and science is at a record low.

Perhaps the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), who is about to rise to his feet like a rocketing pheasant, will explain why his party is still so obsessed with breaking up our Union rather than delivering for the children and the pupils of Scotland.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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I associate myself with the remarks about Holocaust Memorial Day on Monday. We should always stand up against antisemitism and any form of racism.

Last night, the Lords voted to reinstate the Sewel convention that the devolved Governments must give consent to legislation that affects them. Devolution is under attack from this Tory Government. Powers are being grabbed back to Westminster, and there is no respect for the people of Scotland, Wales and Northern Ireland, their Governments or their decisions. Yesterday, the Welsh Assembly became the third devolved Parliament to refuse consent for the Tory Brexit Bill. Why are the UK Government ignoring the principle of consent for our national Governments?

Boris Johnson Portrait The Prime Minister
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The right hon. Gentleman knows full well that it is no part or implication of the Sewel convention to break up the oldest and most successful political union in the world.

Ian Blackford Portrait Ian Blackford
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I am afraid that the Prime Minister ignores the Smith Commission, which recognises that it is up to the people of Scotland to determine their future. The Prime Minister just does not get it; this is an unprecedented attack. Scotland said no, and we meant it. Not only does he not have the legislative mandate for his Bill, but he does not—[Interruption.] As those on the Government Benches bray, it is clear that this place simply does not accept the reality that the Scottish Parliament speaks for the people of Scotland. The devolution settlement must be respected. Prime Minister, all three devolved Parliaments—and even the House of Lords—have called on you to end your Government’s attack on devolution. Will the Prime Minister stop the attack on our Parliaments?

Boris Johnson Portrait The Prime Minister
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I agreed for a second with the right hon. Gentleman, because he said that Scotland said no and it meant it. He was right: the people of Scotland said no to independence in 2014 and they meant it. They meant it because they were told it was once in a lifetime, both by Alex Salmond and his protégé Nicola Sturgeon, and indeed by the right hon. Gentleman; they were told it was a once-in-a-generation event. The people of Scotland did this because they know full well that £9 billion net comes from the UK to Scotland and that 60% of Scotland’s trade is with the rest of the UK, and they can see the vast investments in manufacturing that come from the UK to Scotland, be it in Rosyth—£1.5 billion in building fantastic ships—or at Govan, where there are fantastic investments in manufacturing. We support manufacturing in Scotland; the Scottish National party Members support nothing except manufacturing grievances, and they know it.

Mark Eastwood Portrait Mark Eastwood (Dewsbury) (Con)
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Q3. After being inundated with complaints from the people of Dewsbury and Mirfield, does the Prime Minister agree with me that the Northern rail service is no longer fit for purpose?

Boris Johnson Portrait The Prime Minister
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I can confirm to my hon. Friend that we have indeed started a process that could result in either stripping Northern of its franchise or issuing it with a very different form of contract.

Mary Glindon Portrait Mary Glindon (North Tyneside) (Lab)
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Q4. Both myself and the Northern Powerhouse Minister are concerned that power cables over the Tyne are a real barrier to businesses securing work for large renewable energy structures. Will the Prime Minister, through his good offices, undertake to support the National Grid’s energy transmissions bid to Ofgem for the permanent removal of the cables and to unlock the potential of the Tyne?

Boris Johnson Portrait The Prime Minister
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The hon. Lady is right to raise this issue with me. Of course it is right that these decisions are independently made by Ofgem, but I appreciate the problem that she raises and we will do whatever we can to ensure that it is sorted out as fast as possible.

Sarah Dines Portrait Miss Sarah Dines (Derbyshire Dales) (Con)
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Q6. My right hon. Friend will know that the quarries of the Peak district provide a huge proportion of the national building and mineral needs of this great nation. We would be delighted to see him in the Derbyshire Dales, so that he can see at first hand the men and women who work at the quarry face, who will be at the heart of the post-Brexit economy, and look at the need for my local Ashbourne bypass—this is necessary to deliver Brexit to the people. Does not this support for these hard-working people show who the real Conservatives are and that this party is the party of the working man?

Lindsay Hoyle Portrait Mr Speaker
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Order. May I just say that Prime Minister’s questions is going to run on because of this and that we must have short questions? I will work with Members, but Members have to work with the Chair.

Boris Johnson Portrait The Prime Minister
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Thank you, Mr Speaker. I thank my hon. Friend very much for what she has said. I will certainly do whatever I can to see her in the Derbyshire Dales as fast as possible and to get to the bottom of what we can do to support the bypass at Ashbourne. She is right: we speak for working people. I thought it was sad and surprising that the president of the Durham miners’ gala should say the other day that Conservative MPs are not welcome. I hope that the Leader of the Opposition will dissociate himself strongly from those remarks.

Mohammad Yasin Portrait Mohammad Yasin (Bedford) (Lab)
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Q5. This week, the Cater Street surgery in Kempston was placed in special measures. Such is the extent of the GP crisis in our country that the surgery has had to rely on locums and was found to have a three-month backlog of new-patient files. Will the Prime Minister urgently increase the funding for primary care services, for the safety, health and wellbeing of the 4,000 of my constituents who are patients at the surgery?

Boris Johnson Portrait The Prime Minister
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The hon. Gentleman raises an excellent point. As he knows, we are hiring not only another 50,000 nurses but 6,000 more GPs to deal with the very problem that he raises.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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Q8. Cheltenham’s Renewable Design Company supplies low-carbon heating systems, such as ground-source heat pumps. Does my right hon. Friend agree that we need a successor to the non-domestic renewable heat incentive so that the roll-out can accelerate and we can send a message, in this year of COP26, that global Britain will be a force for a greener planet?

Boris Johnson Portrait The Prime Minister
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Absolutely. I congratulate my hon. Friend on everything he is doing in Cheltenham to encourage renewable heat supplies, including ground-source heating. I can confirm that we are indeed looking for successor arrangements to the renewable heat incentive.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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Q7. Brexiteers will be cheered by the fact that a possible trade deal with America might raise GDP by 0.2% and one with New Zealand and Australia might raise it by 0.02%, but they should be sobered by the fact that such trade deals, if achieved, would claw back only one 30th of what the Prime Minister’s own Government say leaving the single market and customs union will cost. Given that Cabinet Ministers are now breezily talking about divergence from our biggest trading partner—the 27-country trading bloc—will the Prime Minister commission and publish impact assessments so that it is clear to all in pharmaceuticals, aerospace, car manufacture, ceramics and food and drink just what these breezy gambling deals might cost?

Boris Johnson Portrait The Prime Minister
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I might take the hon. Gentleman more seriously if he would deal with the fact that 60% of Scotland’s trade is with the rest of the United Kingdom. His proposals for a break-up of the United Kingdom would necessitate a border at Berwick. He is proposing that the pensioners of Scotland should have their assets now denominated in a new currency whose name the SNP cannot even specify.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con)
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Q10. The need to prevent the build-up of green algae in the Solent means that local authorities such as Test Valley Borough Council cannot grant planning permission for children’s homes and care facilities and to small self-builders. There is a blockage in the system; I urge my right hon. Friend to get out his plunger and make sure that the Department for Environment, Food and Rural Affairs, the Ministry of Housing, Communities and Local Government, Natural England and the Environment Agency all work together to protect our waterways, to make sure that housing commitments can be met.

Boris Johnson Portrait The Prime Minister
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We will make sure that the ministerial Dyno-Rod is employed to sort out the blockage that my right hon. Friend is experiencing. It is important that we deal simultaneously with nitrate neutrality and satisfy our environmental needs while ensuring that her community gets the housing that it needs. I think there is a way forward and I would be happy to take it up with her.

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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Q9. Rail users in Halifax and across the north are suffering every week because of the Government’s failure truly to invest in rail infrastructure over the past decade. The north now needs both HS2 and Northern Powerhouse Rail to make a real start in tackling the north-south divide. Will the Prime Minister commit to publishing the already late Oakervee report this week, and to delivering both these projects in full, to deliver a rail service that is fit for purpose for my constituents and for the north?

Boris Johnson Portrait The Prime Minister
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The hon. Lady raises an important issue. We are already investing a record £48 billion in rail services, excluding HS2. It is right that we should look at the value that this country could get from a scheme as costly as HS2, with estimates now rising to £100 billion. I assure the hon. Lady that the Oakervee report will indeed be published in full in due course.

Craig Whittaker Portrait Craig Whittaker (Calder Valley) (Con)
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Q13. Misery is a polite word to explain the daily commuting experience of those using the Calder Valley train line. It is not just about cancelled, late or even broken-down trains; it is about infrastructure. Will my right hon. Friend sit down with me and the trains Minister to see how heads can be knocked together finally to clear the bottleneck in the £3.9 billion trans-Pennine upgrade, which is at a standstill?

Boris Johnson Portrait The Prime Minister
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My hon. Friend makes a good point, following on from the question from the hon. Member for Halifax (Holly Lynch). We are indeed committed to improving the trans-Pennine route and will be investing very considerable sums to ensure that that is done.

Marsha De Cordova Portrait Marsha De Cordova (Battersea) (Lab)
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Q11. A damning inspection by Ofsted and the Care Quality Commission concluded that Wandsworth Council’s special educational needs and disability provision is weak and requires significant improvement. There is a backlog of 170 outstanding education and healthcare plan assessments, and when an assessment has been carried out, as in the case of my young constituent with autism, he is being forced to wait months before that plan is implemented. It is scandalous that these children are not getting a decent education, so does the Prime Minister agree that every child with a special educational need or disability should have the right to a good education, and will he address the funding shortfall in SEND provision?

Boris Johnson Portrait The Prime Minister
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I remind the hon. Lady that this Government are putting another £780 million into SEND provision. We are encouraging the creation of more SEND schools across the country. She mentions Ofsted, which is, of course, a paradox, as Ofsted is the best guarantor and protector of children of all abilities, and the manifesto to which the Labour party is still committed proposes to abolish Ofsted.

James Sunderland Portrait James Sunderland (Bracknell) (Con)
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Q14. My right hon. Friend will know that the Bracknell constituency is the proud home of more than 150 internationally focused companies. Will he please reassure the House that what is being done to develop new post-Brexit worldwide trade deals is for the benefit of everyone in Bracknell, Crowthorne, Finchampstead, Sandhurst and, of course, right across the UK?

Boris Johnson Portrait The Prime Minister
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From the 31st of this month, we will begin the process of negotiating free trade agreements not just with the EU, but with friends and partners around the world, so Bracknell will be at the epicentre of global free trade.

Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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Q12. The Prime Minister has said that he wants to be known as a Brexity Hezza, and so, on that basis, will he commit to giving the Humber docklands the sustained support that Michael Heseltine gave to the London docklands to transform it from the 1980s onwards?

Boris Johnson Portrait The Prime Minister
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The hon. Lady raises a very important point. That is among the schemes that we are certainly looking at and, as you know, Mr Speaker, we are looking also at the potential for free ports around the country, which can deliver a great deal of benefit to coastal communities.

Julian Knight Portrait Julian Knight (Solihull) (Con)
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Solihull is next to Britain’s second biggest city, yet many of my constituents—myself included—struggle to get adequate broadband, which is something that is repeated across the House. Does the Prime Minister agree that this is a matter that needs intense parliamentary scrutiny, and will he commit to put the Government’s shoulders to the wheel to get providers to improve our country’s broadband?

Boris Johnson Portrait The Prime Minister
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Together with the Secretary of State for Digital, Culture, Media and Sport, I chaired a meeting only a couple of days ago with all the broadband providers. It would be fair to say that we collectively wielded the knout over their heads, because I agree with my hon. Friend that we need to make progress. We will make progress and we will deliver gigabit broadband, with £5 billion going into that programme over the next five years.

Alex Cunningham Portrait Alex Cunningham (Stockton North) (Lab)
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Q15. Last week, the Prime Minister did not know anything about a plan to dump radioactive waste in my Stockton North constituency, but I hope that he remembers what I told him a few weeks ago in my request for a new hospital—that men in his constituency live 14 years longer than those in mine. Just when is he going to end the scandal that means that Teesside men have the same life expectancy as those in Ethiopia, and to tackle the health inequalities in our area?

Boris Johnson Portrait The Prime Minister
- Hansard - - - Excerpts

The hon. Gentleman’s point is absolutely valid. The discrepancy in life expectancy in this country is a disgrace. None the less, it is coming down, and it will come down. Life expectancy overall is at an all-time high. On his specific issue of the disposal of nuclear waste, I understand that my hon. Friend the Environment Minister has written to him on the matter.

Amanda Solloway Portrait Amanda Solloway (Derby North) (Con)
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You may have noticed, Mr Speaker, that it has been a long time since I was a teenager. [Hon. Members: “Never!] My memory has faded over the years, yet I still remember the embarrassment and shame that I felt each month when I had my period: we could not afford sanitary products, and I was forced to use toilet paper or, when we did not have that, newspaper. Will the Prime Minister acknowledge the work of Amika George, founder of the Free Periods campaign group, which means that no young women of school age in this country should ever have to feel the shame that I felt and remember all those years ago?

Boris Johnson Portrait The Prime Minister
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I congratulate my hon. Friend on the campaign that she is waging on this issue, and I am delighted to tell her that free period products are to be made available to all schools and colleges in England so we can ensure that no young person’s education isdisrupted by their period. I would like to pay particular tribute to the work of Amika George, who has done so much to bring about change. I remind the House that it is when we get Brexit done, which we will—and which the Opposition would still block—that we will be able to cut VAT on sanitary products and make period products cheaper for everybody in the country.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
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As we approach the moment when we will leave the European Union, the Prime Minister will be aware of concerns in Northern Ireland. We welcome his assurance that there will continue to be unfettered access for Northern Ireland businesses to the UK single market, but does that commitment also apply to goods moving from Great Britain to Northern Ireland?

Boris Johnson Portrait The Prime Minister
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Emphatically it does.

Prevent Programme

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

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.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

12:30
Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the Home Office’s oversight of the police in their operation of the Prevent programme.

Brandon Lewis Portrait The Minister for Security (Brandon Lewis)
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Counter-terrorism policing in this country is operationally independent, and that is an important principle. The operational independence of our police from Government is integral to our democracy. The Home Office does, however, carry out oversight of the police on behalf of the Home Secretary.

We are clear that the right to peaceful protest is a cornerstone of our just society and an indispensable channel of political and social expression. Counter Terrorism Policing South East has, for example, stated categorically that it does not classify Extinction Rebellion as an extremist organisation, and that the inclusion of Extinction Rebellion in its guidance to frontline officers was an error of judgment. The police have recalled the guidance and are reviewing it.

I want to reiterate that Extinction Rebellion is in no way considered an extremist group under the 2015 definition of extremism; the Home Secretary has been clear on that point. The police have also made it clear that they regret any offence caused by the inclusion of the Ukrainian tryzub symbol in their internal educational document. That document was produced to help frontline officers and staff recognise and understand a wide range of signs and symbols that they may come across while on duty. As the police have said, the document explicitly states that many of the symbols are not of counter-terrorism interest. Unfortunately, far-right groups do have a history of misappropriating national symbols as part of their identity, and that was the reasoning behind the inclusion of several symbols. We recognise that the tryzub—Ukraine’s state coat of arms—carries constitutional importance as well as both historical and cultural significance for the people of Ukraine, and we sincerely regret any offence caused to the Ukrainian nation or its people.

Diane Abbott Portrait Ms Abbott
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The Minister will be aware that guidance issued by the counter-terrorism police on extremist ideologies as part of the Prevent programme did include Extinction Rebellion. He is telling the House now that it was an error of judgment; the Opposition argue that it was a very serious error of judgment. Can he tell the House whether he agrees with Sir Peter Fahy, the head of Prevent from 2010 to 2015, who said that Extinction Rebellion

“is about lawful protest and disruption to get publicity…very different from terrorist acts”?

We also understand that in the guidance document, there is mention of organisations such as Greenpeace, the “Stop the badger cull” campaign, the Palestinian Solidarity Campaign, and the Campaign for Nuclear Disarmament, and of vegan activists. Can the House be provided with a list of the organisations mentioned in the counter-terrorism police guidance? What is the basis for the inclusion of groups such as vegan activists? Will the Secretary of State accept that in a democracy there is a fundamental right to disagreement and non-violent campaigning, and that interfering with or denying that right—even through an error of judgment—is a fundamental breach of the democratic contract between the Government and the governed?

Finally, there is supposed to be a review of Prevent, which we understand will report back in August. Can the Minister tell me who the leader of the Prevent review is, now that Lord Carlile has stepped down? Can the Minister also assure the House that the review will indeed report back in August?

Brandon Lewis Portrait Brandon Lewis
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The right hon. Lady outlined the importance of protest groups and their ability to raise the profile of the issue they are protesting about. We absolutely agree with that. As I said, we are very clear that the right to peaceful protest is a cornerstone of our just society, and an indispensable channel of political and social expression. The police have recalled the guidance and are reviewing it, and both we and the police have said that protest groups are not extremist groups, and that membership of a protest organisation is not—nor should it ever be—an indicator that an individual is vulnerable to being drawn into terrorism. It is important that protest groups have that space. We believe in, defend and fight for freedom of speech, and will continue to do so.

The statutory deadline for the review to be completed and its findings shared remains 12 August 2020. The next steps are being considered right now and will be announced in due course.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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There is no doubt that this is a difficult area, but the Home Office always used to see its job as the protection both of life and of our way of life. Unfortunately, in the almost impossible task of preventing every act of violence and of terrorism, the Home Office has sometimes slipped somewhat into thought police mode. Will the Minister remind all the agencies that we all subscribe to the French saying, “I may detest what you believe, but I will defend to the death your right to say it”?

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

As ever, my right hon. Friend makes a very important point, and he has confirmed my point. I hope that everyone across the House believes in freedom of speech, and in people’s right to that freedom; we need to defend that right. I assure him that the Home Secretary and I meet counter-terrorism police and our agencies weekly, and we will raise this issue with them in our very next meeting.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I congratulate the shadow Home Secretary on securing this urgent question.

The suggestion that campaigning for peace, and for environmental and human rights, should be regarded as an extremist activity is ludicrous, but it is also a threat to civil liberties. Freedom of speech is essential in a democracy, and it is under attack like never before in our society. I want to be assured that the Government will condemn all attacks on freedom of speech, and will also support freedom of assembly.

Last year we saw a striking contrast between the way in which protests outside this House by Extinction Rebellion were policed, and the way other protests were. Extinction Rebellion was kept very far back from Parliament; others—including some leave protesters—were allowed right up close to Parliament, and to shout in the face of female MPs without any interference. Will the Minister look into that?

Scotland takes a very different approach to the Prevent strategy, placing it in the context of Safer Communities, and relying on the traditionally stronger relationships between the community and police in Scotland. Will the Minister consider adopting that approach in England? Does he see that doing so might prevent the sort of problems we saw with this mistake last week, and make the Prevent strategy more effective in England?

Brandon Lewis Portrait Brandon Lewis
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To give some context, Counter Terrorism Policing creates a range of guidance documents for use across the whole of policing, not just by counter-terrorism officers or Prevent practitioners. It produces these documents to help frontline officers and other colleagues make informed decisions, including about protecting crowded places at times of protest—something that Figen Murray has done amazing work on.

The signs and symbols document that became the subject of the Guardian article was produced to help the police and close partners identify and understand signs and symbols that they may come across in their day-to-day working lives, so that they know the difference between the symbols for the many groups they may come across. But these things have to be done correctly and in the right context. The police themselves have recognised that this was an error of judgment, and they have withdrawn the document and are reviewing it.

John Whittingdale Portrait Mr John Whittingdale (Maldon) (Con)
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Does my right hon. Friend appreciate the enormous distress and offence that this has caused across Ukraine? Does he share my view that this symbol needs to be removed from the police guidance? Will he also take this opportunity to reiterate that this country remains a very strong friend and supporter of Ukraine?

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

My right hon. Friend makes a very good point. My right hon. Friend the Minister for Europe and the Americas has spoken to his opposite number in Ukraine today. I am likely to see one of my opposite numbers in Zagreb over the next couple of days, and I will express the huge regret felt by the Government about the fact that this happened. We have a very valuable and positive relationship with our friends and partners in Ukraine. We look to see that continue and strengthen as we look outward as a global country while we leave the European Union.

Christian Matheson Portrait Christian Matheson (City of Chester) (Lab)
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The only factor that is radicalising people with these concerns is their legitimate and understandable worry that we are not addressing climate change quickly enough. Will the Minister respond to the question from my right hon. Friend the shadow Home Secretary about who is now leading this programme, as he did not manage to address that? Does he share my concern that the Prevent programme and anti-terrorist strategy has had its credibility damaged by this action, and that he will need to work to restore its credibility?

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

The Prevent programme is fundamentally about safeguarding and supporting vulnerable individuals to stop them becoming terrorists or supporting terrorism. The hon. Gentleman should be acutely aware of the context. Extinction Rebellion should not have been in the document in the first place. The police have outlined that that was an error of judgment; they have withdrawn the document, and they are reviewing it. The Prevent review will go ahead, and we will make further announcements about its chairmanship and progress before the review reports fully in August.

Alicia Kearns Portrait Alicia Kearns (Rutland and Melton) (Con)
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I start by expressing my steadfast support for the Government of Ukraine, with whom I have worked to counter violent extremism and threats from those who cause discontent and division in our country. Violent extremism is a scourge, and Prevent helps to keep us safe. What information can my right hon. Friend share with me regarding the plan for when someone has been convicted of a serious terrorist offence, gone to prison and come out? What support will there be to ensure that they do not become re-radicalised and go on to commit more crimes, and to ensure that we keep our people safe?

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

My hon. Friend, who has huge experience in this field, makes a very important point. Yesterday the Government announced moves and measures to ensure that people who commit the most heinous crimes, including terrorism, will see longer, more severe sentences, and victims can have confidence in that. It is also right that we continue to do everything we can to ensure that people who commit an offence are able to reform and move forward. There are lessons to learn. The Prevent review is looking at the lessons to be learned from what happened at Fishmongers’ Hall. My hon. Friend is right: we need to continue to work in this area to ensure that we keep our society safe.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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The police might say that this was an error of judgment, but it is also part of a pattern. Footage of my arrest for peaceful protest against fracking was used in Prevent training sessions back in 2015. In 2016, the Home Office said that support for anti-fracking was not an indicator of vulnerability to extremism, but years later, evidence shows that four police forces were still identifying anti-fracking as a perceived extremist risk, so can the Minister tell me why we should now trust his Department on this subject? What is it doing differently? In particular, what reassurance can he give us that he will advise the police to ensure that any policing in the run-up to, and at, COP 26 is within the law and appropriate?

Brandon Lewis Portrait Brandon Lewis
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First, as I said earlier, the police in this country have independence, and it is important that we protect and respect that. They have said that this was an error of judgment. They have withdrawn the document and are reviewing it. The guidance documents that Counter Terrorism Policing produces are used across policing and by partners to deal with groups, including at public events in public venues. The hon. Lady refers to COP 26, which is coming up soon and is a tremendous opportunity for this country to outline what we do. I have absolute confidence that our police will do as they always do at these events, which is to do our country very proud.

Damian Green Portrait Damian Green (Ashford) (Con)
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I was glad to hear the Minister make a clear distinction between the rights to free speech and to peaceful protest, which are absolutely part of this country’s values, and terrorist activities. The two should be kept firmly apart, and the latter prevented. Can he be more specific about the use of probation, which will clearly be an important part of counter-terrorist activity in the wake of London Bridge?

Brandon Lewis Portrait Brandon Lewis
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As my right hon. Friend rightly outlines, probation is an important part of this, and can play an important role in rehabilitation work. We have lessons to learn from the tragedy of Fishmongers’ Hall, and the system is looking at those. Yesterday, the Government announced changes that we will make to prison sentences, to ensure that we do everything we can to keep people safe and keep those who commit these crimes in prison for longer. We are always looking to learn, and to improve, so that when people come out of prison, they are properly reformed and safe to be in society.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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Counter-terror police across the country do great and incredibly important work to keep us safe, but that is why this guidance was such a problem: we cannot afford confidence in their work being undermined. When did the Home Office see this guidance, and has the Minister asked to see all similar guidance from all police forces across the country, to ensure that no other counter-terror groups are making the same mistake?

Brandon Lewis Portrait Brandon Lewis
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As I say, the police have withdrawn the document and are reviewing it. I fully respect, and the Government respect, the independence of the police, and those guidance documents are part of their independence. The police produce those documents for their officers in the work that they do, and it is right that we respect that. The Home Secretary and I meet representatives and the leadership of counter-terrorism police and other partners on a weekly basis. We will raise this issue with them, to ensure that they are focused on the importance of getting this right. Those documents are about alerting their officers to all the types of groups and symbols that they may deal with in their day-to-day work. We need to acknowledge the regret that the police have shown over this error of judgment, and the fact that they are reviewing the document.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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When the Prevent review takes place, will the Minister ensure that particular attention is given to the intractable problem of proselytising within jails by people who have been jailed for long periods for terrorism offences? They cannot be kept in isolation throughout their long sentences, and if they are not in isolation, there is a danger of them radicalising others. Special attention needs to be given to that problem during the review.

Brandon Lewis Portrait Brandon Lewis
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My right hon. Friend makes a good point about the challenges within prisons. I will certainly ensure that his comments are taken on board as we go further with the Prevent review, which we will ensure reports back by August.

Afzal Khan Portrait Afzal Khan (Manchester, Gorton) (Lab)
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If the Government are serious about conducting a proper, independent review of Prevent, can the Minister give an assurance that they will engage with key Muslim organisations, such as the Muslim Council of Britain, and will heed the advice of the Muslim community?

Brandon Lewis Portrait Brandon Lewis
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The hon. Gentleman makes a good point. The reviewer will want to ensure that they engage with a wide range of people across all communities. Of course, Prevent works with not just the Muslim community but the far right and across our entire community. The reviewer will be independent, but we will encourage him to consult very widely.

Matthew Offord Portrait Dr Matthew Offord (Hendon) (Con)
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I wish to echo the previous question. We enjoy policing by consent in this country, and I am rather uncomfortable about the fact that some religious communities feel that the Prevent programme does not subscribe to their view of the world, and in some ways discriminates against them. Will the Minister use the review to engage with the Muslim Council of Britain and others?

Brandon Lewis Portrait Brandon Lewis
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As I say, the reviewer is independent and will consult widely with the groups that they see fit to. The Prevent programme, I have to say, is working and is successful. Prevent has made a significant impact. It is stopping people being drawn into terrorism. Just in 2018-19, some 101 projects were delivered in London alone to address vulnerabilities to do with education, socialisation and substance abuse. This project is working; we just want to make sure that what is good gets even better.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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I welcome what has been said about the error of judgment being acknowledged by the police. However, further to what other hon. Members have said, I stress that if such an error of judgment can take place the effect is unfortunately to undermine confidence in Prevent and to raise questions about the culture within which it is operating. On the review, what steps will be taken to ensure there is not a culture that allows such an error of judgment to take place and to undermine an important operation?

Brandon Lewis Portrait Brandon Lewis
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We need to be clear that the document was produced by the police for the police’s use and purpose. That is separate from the wider Prevent programme, which works across a huge range of communities and organisations around country. It is very successful in safeguarding and protecting vulnerable people and, as a result, our society, which we should be lauding and very pleased with. From the police’s point of view, as I have said, they have withdrawn this document and are reviewing it.

Rachel Maclean Portrait Rachel Maclean (Redditch) (Con)
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Does the Minister agree that we must never lose sight of the possibility of reform, even for the worst criminals and terrorists who have committed heinous crimes? Will he update the House on when we will start the programme of recruitment for specialist counter-terrorism probation officers, which I think will be welcomed to keep our society and our constituents safe?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a very good point. It is important that we remember that people are able to reform, and we want people to reform. Obviously, we want to get the balance right, while making sure that the British public are clear that the Government are on their side and that people who commit heinous crimes will serve severe, proper and long sentences, because our first priority is to keep people safe. We made the announcement about the increase in counter-terrorism funding just yesterday, and we will be updating the House on when and how it is spent, but we are keen to move quickly to ensure that we keep our country safe.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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May I thank the Minister for putting the record straight on Extinction Rebellion and all that? May I also give a plug for the quality of the work of my local police in delivering the Prevent programme and in supporting Members of Parliament? I have recently had some really awful death threats against me and my staff, and I have received such a level of support—not just in being effective, carrying through an investigation and arresting two people, but in phoning up and giving support day to day. I know lots of Members have received that support, and I hope it can continue, but may I thank the people who supply it to Members?

Brandon Lewis Portrait Brandon Lewis
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The hon. Gentleman makes a very generous but very correct statement, and I absolutely echo that. I am very fortunate and often humbled in this job on a daily basis in seeing the work that our counter-terrorism police do, in partnership with local police and indeed our agencies. I would argue that we have got the best in the world, and day after day they keep us safe.

Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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I hope Ministers have had a look at Policy Exchange’s paper titled, for better or worse, “Extremism Rebellion”. Although we may defend people’s right to hold views about green anarchism, eco-socialism and radical anti-capitalist environmentalism, I want to make sure that there is no tacit approval from either Dispatch Box for what the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) called “disruption”—I would say it is a deliberate policy of disruption. Will the Minister reassure me that the Government know what they are dealing with?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes an interesting point. I suspect he is also referring back to some of the difficult situations the police had to deal with not that long ago, but he is right that it is separate. As I have said, Extinction Rebellion is not considered an extremist group under the 2015 definition of extremism, and we are clear on that.

Catherine West Portrait Catherine West (Hornsey and Wood Green) (Lab)
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Will the Minister show some common sense and assist the police in understanding the difference between young people being involved in Extinction Rebellion or CND and—within the Prevent programme assessment that will take place this year—looking at the real risks with the insufficient numbers of skilled probation officers looking after extremely troubled and dangerous criminals?

Brandon Lewis Portrait Brandon Lewis
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I suspect the hon. Lady has not had a chance to see the document she is referring to, because it does specifically say:

“The document in question…explicitly states that many of the groups are not of counter-terrorism interest”.

As I have said, however, the police have acknowledged that it was an error of judgment to have that reference in there, and they have withdrawn it. They are reviewing it, and it is something that the Home Secretary and I will be continuing to talk to them about.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
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Prevent is supposed to stop Islamist extremism. This morning I was alerted to the fact that a pro-Iranian regime charity known as the IHRC—the Islamic Human Rights Commission—is apparently circulating to schoolteachers via digital education services a programme for its genocide memorial day. This includes a video that compares the Nazi holocaust to Israeli actions in Gaza, and a series of book and video lists directing children to further material critical of Israel and diminishing the deaths of 6 million Jews in the holocaust. Will my right hon. Friend launch an urgent inquiry into what this organisation is doing and why these things are on digital education platforms? Will he work with the Charity Commission and the Department for Education to stop this happening again?

Brandon Lewis Portrait Brandon Lewis
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My right hon. Friend has given a very stark and concerning example of the kind of issues and details that Prevent and indeed our police deal with. He is right to highlight the education sector, which in 2017-18 accounted for some 33% of referrals to Prevent, which works across extremism and not just in one particular area. I will certainly follow up with him directly on the issue he has raised to make sure that this gets proper attention.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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I have been a member of Scottish CND for many years. Does the Minister agree with me that it is ludicrous, perverse and offensive that an organisation of people peacefully protesting indiscriminate murder with nuclear weapons has ended up in this document?

Brandon Lewis Portrait Brandon Lewis
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The police are reviewing the document. As I said earlier, it is a guide that is there to help the police identify and understand a range of organisations they may come across. It does not in any way suggest that membership of or affiliation with non-proscribed groups would be sufficient to trigger some kind of Prevent referral, or that we would consider non-violent protest as a potential indicator for extremism. I can give her the assurance that, as I say, we protect people’s right to freedom of speech and the right to protest, which I think is an important part of our society, and this document is being reviewed.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
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How many officers are occupied in monitoring terrorists who have been released?

Brandon Lewis Portrait Brandon Lewis
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Obviously, terrorists who have been released from prison are monitored by probation or the police themselves, depending on the structure of their release. I hope my right hon. Friend will understand that I am not in a position to comment—which I think would be a security issue—on the specific numbers and how we deal with the matter. However, it is an issue we are alert to and it is an issue on which, as I have said, there are lessons to learn from what happened at Fishmongers’ Hall, and that piece of work is ongoing.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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The Minister will know that the word “Islam” is the Arabic word for peace. Does he agree that the focus of Prevent activity should be to ensure that people in the Muslim community do not misrepresent, misconstrue and corrupt the words of the Koran, as opposed to what people fear is the focus of Prevent, which is that there is too much Islam and too much Muslim ideology? Surely the focus should be that people do not corrupt the teachings in a way that brings about terror, and we should be encouraging mainstream Muslim organisations to work with us for the good of all.

Brandon Lewis Portrait Brandon Lewis
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I understand the point the hon. Gentleman is making, and I think he is right to differentiate between two different issues. The heart of what the Prevent programme is about backs up his point, because the Prevent programme is fundamentally about safeguarding and supporting vulnerable individuals to stop them becoming terrorists or supporting terrorism. It is not about what religion they have and how they practise their religious beliefs; as I say, it is about stopping people becoming terrorists. It is working and it is successful, as I have said, and it does make a significant impact in stopping people being drawn into terrorism in the first place.

Through the Counter-Terrorism and Security Act 2015 —bear with me for a second if you will, Mr Speaker, because the context is important here—we introduced the Prevent statutory duty. That duty requires local authorities, schools, colleges, universities, health bodies, prisons, probation and the police, as part of their day-to-day work, to prevent people from being drawn into terrorism. It does have a very clear and specific purpose, which is about keeping our country, and vulnerable people, safe.

Gary Sambrook Portrait Gary Sambrook (Birmingham, Northfield) (Con)
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Will the Minister join me in congratulating Waqar Ahmed and his team in Birmingham on all their excellent work with Prevent and on becoming national leaders in the field, which is mostly because a lot of their work is community-led and bottom-up? It is disappointing, therefore, that a number of Birmingham Labour councillors have attempted to undermine the process. Will he do everything he can in the Home Office to ensure that the police are given the powers they need to keep our streets safe?

Brandon Lewis Portrait Brandon Lewis
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Absolutely. My hon. Friend is absolutely right to highlight this issue, and the good work that we see in such communities is a huge credit to the organisation and the people he has mentioned. We are determined to make sure that the police know they have our full support in doing all the work they do to ensure they protect vulnerable people and keep our country safe. I think their independence is a key part of the structure of that. We thank them for what they do, and we thank such organisations, as my hon. Friend has so rightly represented.

Stuart C McDonald Portrait Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
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Is the Minister able to state unequivocally that the Ukrainian coat of arms will now be removed from this document?

Brandon Lewis Portrait Brandon Lewis
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As I said earlier, that document has been withdrawn. The police are reviewing it, but I am not going to interfere with the independence of our police. This is a document drafted by the police for the police and we respect their independence, but they have outlined that they regret this happening and have explained why it happened so I do not expect to see this kind of mistake again in future.

Dehenna Davison Portrait Dehenna Davison (Bishop Auckland) (Con)
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County Durham police do excellent work in protecting people right across Bishop Auckland, Spennymoor, Shildon and Barnard Castle. Given the threatening tones I heard yesterday, unfortunately, I will be contacting them to talk about the safety of my team at the Durham miners’ gala in July. Does my right hon. Friend agree that preserving the operational independence of the police, including the counter-terror policing unit, is of the utmost importance in keeping our streets safe?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes an important point. All of us in society sometimes see things, as she has rightly outlined, and I did see the comments yesterday, which are very concerning. She is absolutely right to raise that issue with the relevant authorities, and I am happy to discuss that with her as well to make sure that it is properly taken forward. It is right that we continue to defend the independence of our police and make sure that they know that we are there to support them in the brilliant work they do in keeping us safe.

Points of Order

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
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13:01
Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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On a point of order, Mr Speaker. This morning, Jaguar Land Rover announced the loss of 500 jobs—accounting for more than 10% of the total—at the Halewood plant in my constituency as it moves from a three to a two-shift system. Given the ongoing uncertainty about Brexit and the UK’s trading relationship with the EU, worse may be to come, so can you, Mr Speaker, advise me about how I can ensure that Ministers and the Prime Minister himself take this existential threat to the auto manufacturing industry in Liverpool as seriously as they should, and seek to help those losing their jobs as much as they can?

Lindsay Hoyle Portrait Mr Speaker
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This has rightly been raised on the Floor of the House, and I would expect those on the Treasury Bench to have quickly made a note and I am sure this will be brought to the Prime Minister’s attention. This will have a serious impact on the north-west and I recognise how important those jobs are. That is now on the record and I hope others will follow up on it.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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On a point of order, Mr Speaker. Those of us who campaigned in the previous Parliament for a review of the law on assisted dying were informed informally by the Government that an inquiry might take place. In advance of my Westminster Hall debate on this subject tomorrow, may I have some guidance on which Department and which Minister in the new Government we could follow this up with?

Lindsay Hoyle Portrait Mr Speaker
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I am sure that that will be taken on board as well. I recognise that there has been real frustration around this and I know that the hon. Lady will, through her good offices, seek help from the Table Office too. I think that would be a good way forward.

David Linden Portrait David Linden (Glasgow East) (SNP)
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On a point of order, Mr Speaker. I seek your guidance on how I might use the procedures of this House to resolve a case with the Home Office. This morning, my office received a call from UK Visas and Immigration regarding a visitor visa application. Listed in the application is the daughter of the applicant, a constituent of mine who has the later stages of motor neurone disease. UK Visas and Immigration is refusing to deal with my office regarding the case unless we can produce a signed mandate from the applicant, who is currently in China. My office has never been asked to do this before and this in essence means that everything is being delayed and we are wasting time for a constituent who does not have long left. Can you, Mr Speaker, advise on how we can cut through the red tape in the Home Office and perhaps have a more compassionate approach to dealing with my constituent?

Lindsay Hoyle Portrait Mr Speaker
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I thank the hon. Gentleman for giving me notice of this point of order. It is not an issue for the Chair, but I recognise his frustration and he obviously quite rightly wants to take up his constituent’s case and the issue of the child visa. I am sure that people will be listening to this and I hope his concern is now being heard by Ministers and will be acted on.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
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On a point of order, Mr Speaker. Do you remember that, when we were first elected, we were not allowed to read our questions? Is there not at least a possibility that were Members required to remember their questions, at least some of them would not bang on for so long, and all our time could be used more effectively?

Lindsay Hoyle Portrait Mr Speaker
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When the right hon. Gentleman and I came in together in 1997, it was frowned upon to read a question; people had to do the question without help and assistance. We have a new Parliament with a lot of new Members learning the ropes, but hopefully people will get into the habit rather quickly of asking a question without aid.

Desmond Swayne Portrait Sir Desmond Swayne
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Further to that point of order, Mr Speaker. I hate to bang on, but it is the older ones who are the worst.

Lindsay Hoyle Portrait Mr Speaker
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And there is your proof: just because somebody reads their question, that does not stop us taking a lot more time.

European Union (Withdrawal Agreement) Bill

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 22 January 2020 - (22 Jan 2020)
Consideration of Lords amendments.
Lindsay Hoyle Portrait Mr Speaker
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I must draw the House’s attention to the fact that financial privilege is engaged in Lords amendment 1.



Clause 7

Rights related to residence: application deadline and temporary protection

13:05
Steve Barclay Portrait The Secretary of State for Exiting the European Union (Steve Barclay)
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I beg to move, That this House disagrees with Lords amendment 1.

Lindsay Hoyle Portrait Mr Speaker
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With this we may take Lords amendments 2 to 5, and Government motions to disagree.

Steve Barclay Portrait Steve Barclay
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Less than a fortnight has passed since we last debated the Bill in this House. Since then the House of Lords has sat for nearly 40 hours to debate more than 100 amendments. The noble Lords in the other place have asked this House to think again on five matters and I will address each in turn.

Turning first to Lords amendment 1 on citizens’ rights tabled by the noble Lord Oates, I know that noble Lords share the Government’s commitment to putting the rights and welfare of citizens at the heart of our withdrawal negotiations. The first part of the amendment establishes a declaratory system and the second part requires Ministers to bring forward regulations making provisions for those with declaratory rights to apply for a document evidencing their rights. This amendment would mean the successful EU settlement scheme in its current form would need to be abandoned, because there would be no need to register if people could later rely on a declaration that they were already in the UK. This would make null and void the 2.8 million applications and the 2.5 million grants of status that have already been completed. The Government would, under this amendment, also be unable to issue digital status to EU citizens without also issuing physical documents, including to those already holding a digital status under the current scheme. That would increase the risk of fraud and raises costs to Government and citizens.

Anneliese Dodds Portrait Anneliese Dodds (Oxford East) (Lab/Co-op)
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Surely the Secretary of State is aware that his own Ministers have also been stating that it might be possible for people to print off emails, for example, to provide that confirmation. There seems to be a huge number of mixed messages here. He will also be aware that many of those citizens are already being asked for that proof by employers. Surely the Government should deal with the system as it is actually being used, rather than his imagined reality of it, which is rather different.

Steve Barclay Portrait Steve Barclay
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The hon. Lady anticipates my next point, which is on the interplay between a physical document and the digital status, because, as she knows, digital status is more secure than any physical document could ever be, and furthermore all successful applicants receive a confirmation letter and can download secure share codes which can be printed or sent to anybody an EU citizen might need to show their status to in the future. The key is the number that is there, and digital status is the most secure, but of course people can print off the email that they receive.

The vote to leave included a desire for greater control of our borders. We need to be able to differentiate between EU citizens who arrived pre-exit and have rights set out in this Bill and EU citizens who arrive after we leave, who will be treated the same as the rest of the world under the forthcoming immigration Bill. Despite the good intentions, a declaratory status does not allow for that differentiation, so I urge Members to reject this amendment.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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The Secretary of State will understand that there are, of course, some people for whom the challenge of applying for status is considerable, and the Government have said they will give reasonable consideration to those who have reason not to have applied by the deadline. One group that I and other colleagues are particularly concerned about is children looked after in the care system by local authorities, which do not in many cases have either the resources or the expertise to pursue applications for those children to obtain settled status. Will the Secretary of State assure the House that they will be protected, as they would be under a declaratory system?

Steve Barclay Portrait Steve Barclay
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The hon. Lady makes a fair point, and I know that she has taken a close interest in the issue over many years. As she will be aware, we have committed £9 million to work with vulnerable groups and to help sectors, including the one to which she refers, with using the settlement scheme, and we have introduced a grace period to allow additional time if there are reasons why people need to apply late.

The fact is that the scheme has no charge and almost 3 million people have applied. It is working well, but we have an outreach programme, which includes 57 organisations and money to address the hon. Lady’s point.

Stuart C McDonald Portrait Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
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The Government have previously disputed estimates from respected think-tanks that tens—probably hundreds—of thousands of European economic area nationals will fail to apply by the deadline and therefore lose their rights. Do the Government have their own estimate of the numbers? If they do not, how on earth can the Secretary of State dispute those figures?

Steve Barclay Portrait Steve Barclay
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That is in part why the Government have put a grace period in place; that reflects many previous debates in this House that included concerns raised by the hon. Gentleman and others about whether people might miss the deadline. Almost 3 million people have applied, which is a reflection of the fact that the scheme is working very effectively.

Steve Barclay Portrait Steve Barclay
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I shall make a little progress before taking further interventions.

I turn to their lordships’ amendments 2 and 3, on the interpretation of retained European Union law. Amendment 2, tabled by Lord Beith, would remove the power to set which courts may diverge from retained Court of Justice of the European Union case law, and how. Amendment 3, tabled by Lord Mackay, would insert a mechanism whereby any court thinking that CJEU case law should be departed from may ask the Supreme Court to decide.

The other place has one of the greatest concentrations of legal talent in the world, and it is only right that the Government’s intentions on such a sensitive matter should be examined by their lordships, and that challenging alternatives should be proposed. The Bill ensures that time is built in to allow consultation of the senior judiciary in all jurisdictions. It is worth repeating what my noble Friends Lords Callanan and Keen said: we will, of course, also consult the devolved Administrations.

In proposing amendment 3, the noble and learned Lord Mackay has made an interesting proposal, but the Government cannot accept this recreation of the CJEU’s preliminary reference procedure.

Robert Neill Portrait Sir Robert Neill (Bromley and Chislehurst) (Con)
- Hansard - - - Excerpts

As a fellow lawyer, my right hon. Friend will know the importance of the doctrine of binding precedence—stare decisis—to our common law system. That was what the amendments sought to deal with.

Anyone looking at the Lords Hansard will see that we were clearly close to a compromise with Lord Mackay, in which the necessary scheme to disapply EU law would be dealt with not necessarily by the Supreme Court but by courts of appellate jurisdiction. If we do not accept this amendment as it currently stands, will the Government try again to find a compromise when the matter goes back to the Lords? This is a fundamental principle on which we ought to be able to find agreement.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

My hon. Friend speaks with authority and constructively about how the issue could be addressed. Let me reassure him that the Government do intend to consider and consult rigorously to ensure that CJEU case law is properly domesticated after the end of the implementation period.

Let me set out to the House, especially hon. and learned Members, that the power in clause 26 is sunset until the end of the year—the point at which courts will start interpreting retained EU law. Any change to the rules of interpretation will come in time for litigants and the courts. We will ensure that there is legal clarity at all times on the rules of interpretation.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
- Hansard - - - Excerpts

I rise to support the proposal of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), to go back to the Lords for a compromise on the matter. Of all the changes incorporated in the withdrawal Act in the past month or two, this is the weakest; it opens a swathe of problems for both Government and judiciary. Lord Mackay got very close to getting it right, and we should talk to him again.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I always listen intently to the constructive points put by my right hon. Friend, my predecessor but one. I draw his attention to the fact that we are committed to consulting the senior judiciary on our approach to this matter, which is my right hon. Friend’s underlying point.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
- Hansard - - - Excerpts

The Secretary of State says that he is going to consult the devolved Administrations. However, the problem is that at present the Government speak to them without taking any cognisance of their answers. Will he give me an assurance that when he consults with the devolved Administrations on this matter, he will not only listen but actually take their advice on board?

13:15
Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

There was a meeting between Ministers and devolved Government representatives yesterday about taking on board the input of the devolved Administrations during our discussions on the next phase of negotiations. There have been instances in which my counterpart in the Scottish Government has paid tribute to one of the Ministers in the Department, for example, in the early consultation on the withdrawal agreement Bill. I appreciate that the hon. and learned Lady’s position will always be to desire more consultation and for the UK Government to take further note, but we are consulting and will continue to do so.

Joanna Cherry Portrait Joanna Cherry
- Hansard - - - Excerpts

I am grateful to the Secretary of State for giving way again. It is not that I desire more consultation, but that I want the British Government to take on board what the Scottish Government say—

Joanna Cherry Portrait Joanna Cherry
- Hansard - - - Excerpts

Effective consultation, as the hon. Gentleman says.

As the Secretary of State will know well, the difficulty is that the Cabinet Secretary Michael Russell, the most senior Scottish Government official with whom the British Government deal, is clear: he is listened to if he is lucky, but they never take his advice on board.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

To say “never” contradicts comments that Mr Russell has himself made, but the hon. and learned Lady has made her point about consultation.

None Portrait Several hon. Members rose—
- Hansard -

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I shall make a little more progress before taking further interventions. I urge Members to reject both amendments.

I turn to Lords amendment 4, tabled by the noble Lord Dubs. Although the Government humbly disagree with the amendment, we recognise his sincerity about and dedication to this issue and the constructive scrutiny that he has provided on behalf of vulnerable children. The amendment would remove the provision that amends the European Union (Withdrawal) Act 2018 to require the Government to report on their policy on unaccompanied asylum-seeking children.

I can only say again, as I did in our previous debates, that the Government’s policy is unchanged. Delivering on it will not require legislation. The Government have a proud record on supporting the most vulnerable children. The UK has granted protection to more than 41,000 children since the start of 2010. In 2018, the UK received more than 3,000 asylum applications from unaccompanied children, and the UK deals with 15% of all claims in the EU, making us the country with the third highest intake in Europe. Indeed, in the year ending September 2019 the intake rose to more than 3,500.

Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
- Hansard - - - Excerpts

I am pleased that the policy has not changed, but why is the Secretary of State changing the legislation?

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

The right hon. Gentleman pre-empts the passage that I am just coming to.

As hon. Members will be aware, my right hon. Friend the Home Secretary wrote to the European Commission on 22 October on this very issue. The amendment in no way affects our commitment to seek an agreement with the EU. Primary legislation cannot deliver the best outcomes for these children, as it cannot guarantee that we will reach an agreement. That is why this is ultimately a matter that must be negotiated with the EU. The Government are committed to seeking the best possible outcome in those negotiations.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

Over the past three and a half years, there have been many arguments and debates about European citizens’ rights and their protection. Refugee children are among the most vulnerable in the world—surely none of us, regardless of the side of the argument we were on, wants their safety or the possibility of their being reunited with their families to be undermined in any way. Why, then, are the Government so determined to take such provision out of the Bill rather than going with the amendment, which would offer a guarantee and reassure everyone in the House?

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

For the reasons that I have alluded to; this is an issue that the Home Secretary is addressing.

None Portrait Several hon. Members rose—
- Hansard -

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I give way to the previous Chair of the Home Affairs Committee—I am conscious that that election is still to come.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
- Hansard - - - Excerpts

The Secretary of State has still given no reason. Why take the provision out of the 2018 Act? It is in previous legislation. There are loads of things in legislation through the decades that the Government say they disagree with, but amendments are not needed because they have said they disagree, and they do not remove those things from the statute book. That is what makes us suspect that he wants to remove it, because for some reason he thinks that it will restrict what he wants to do, and in the end, therefore, he will betray the commitments that have been made to the most vulnerable children. If not, he should keep the provision in the Act.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

Let me address that head-on: the reason is that the purpose of the legislation is to implement in domestic law the international agreement that we have reached. That is what the withdrawal agreement Bill is doing and that is why we do not support the amendment. What drives the right hon. Lady’s concern is whether the protections will be in place for unaccompanied children. I draw her attention again to the Government’s record as one of the three best countries in the EU. The figures show that this country has the third highest intake and deals with 15% of all claims in the EU. That is the policy that the Government and the Prime Minister are committed to, and it is reflected in the Home Secretary’s approach.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
- Hansard - - - Excerpts

At this late stage in the Secretary of State’s comments, will he reflect again on Lords amendments 4 and 1? If what he says to the House is true, there is no principle at stake. If the policy and the determined will of the Government remain the same when it comes to unaccompanied child refugees, there is nothing to be lost. There was no strong defence of the Government position in the House of Lords. I urge him to consider this matter wholly and listen to voices across the House who believe that it would be better to see legislative provision than not.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I draw the hon. Gentleman’s attention to the comments that I have made: the policy has not changed and the Government’s commitment is reflected in the record, and that is why the amendment should be resisted.

Lords amendment 5 seeks to recognise the Sewel convention. The convention is already found in statute, in the Scotland Act 1998 and the Government of Wales Act 2006. However, the convention in no way limits parliamentary sovereignty. As hon. Members will recall from the Miller case, the Sewel convention is fundamentally political. It was found then not to be justiciable and to reflect it in this statute should not change that.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

The Prime Minister has made it clear that he thinks that the Union is important, as I do, but it is unprecedented that the Senedd, the Scottish Parliament and the Northern Ireland Assembly have refused consent for the Bill. The Welsh Government have made it very clear in refusing consent that it is because the UK Government can potentially force them to accept international obligations in the future relationship, which could impact on devolved competences. When we think about such things as the NHS, that will be absolutely crucial. Will the Secretary of State be clear whether he is going to work with—as well as just meeting and ticking the box—the devolved Administrations on the future negotiations, or is he going to impose this, generating further conflict and damage to the Union?

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

The hon. Gentleman and I both treasure the Union and want to work to ensure that it is preserved. To address his point, we had a meeting yesterday with devolved representatives, including the Welsh Government, to hear their input in the next phase. We are committed to working with the Welsh Government, among others, as we shape that negotiation.

As was noted in the other place, the issue that I was describing is not quite what the amendment turns on. As the noble Lord Callanan said when responding to this amendment yesterday:

“What matters is that the Government continue to uphold the Sewel convention”.—[Official Report, House of Lords, 21 January 2020; Vol. 801, c. 1074.]

We have done so in the passage of this Bill, including by ensuring that devolved Ministers will have a clear role in the functioning of the independent monitoring authority, particularly in their role in nominating to its board members with specialist devolved expertise.

On 17 January I wrote to Mike Russell and Jeremy Miles, my counterparts in the Scottish and Welsh Governments, to make clear the Government’s commitment to the legislative consent process and the enduring power and value of our historic partnerships. We are of course disappointed that the devolved legislatures have nevertheless not consented to the Bill.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
- Hansard - - - Excerpts

Will the Secretary of State give way?

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I will take one more intervention, but the direction from the Chair is that I should allow other Members to speak in the debate and not take undue time.

Wayne David Portrait Wayne David
- Hansard - - - Excerpts

Given the Secretary of State’s reference to the letter to the Welsh Government and the Welsh Minister, how does he square the circle of wanting, on the one hand, to reinforce the principles of Sewel and so on, but on the other, wanting to amend the legislation to withdraw the commitment?

Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I am bit bothered about time. We have quite a few Members who want to make speeches. I remind Members that they cannot just walk in and put a question to the Minister—let us all work together for one another.

Steve Barclay Portrait Steve Barclay
- Hansard - - - Excerpts

I was trying to be generous in taking interventions, but I will take your direction, Mr Speaker.

We very much respect the devolved Governments’ opposition to Brexit as a whole, but the legislative consent process should not be the place to show such disagreements; rather, it is for voicing concerns with parts of legislation that relate to devolved competences. The refusal of legislative consent in no way affects the Sewel convention or the Government’s dedication to it. However, as recognised by both Mike Russell and Lord Sewel, these are not normal times. Given those circumstances, I urge Members to reject this amendment.

We have covered significant ground in debating this Bill. Once passed, it will stand as an historic piece of legislation. I therefore hope that the House will respectfully disagree with their lordships’ amendments.

Thangam Debbonaire Portrait Thangam Debbonaire (Bristol West) (Lab)
- Hansard - - - Excerpts

I rise on behalf of the Opposition to explain why we oppose the Government on all five of their motions to disagree with their lordships.

On EU citizens’ rights, their lordships passed an amendment providing for, first, a declaratory system for gaining settled status and, secondly, for a physical document. The declaratory system would honour the previous Government’s pledges to EU citizens living here before we leave the EU that they would enjoy the exact same rights as before—we are just asking this Government to honour that. It would avoid the cliff edge of time limits—the grace period still means that there is a time limit—and pressures on people who have the legal right to be here but who, for various reasons, are being asked for yet more evidence or have only been given pre-settled and not yet settled status.

The Government talk of the 2.5 million people who have been granted status, but many of those who have applied for settled status and are entitled to it have been granted only pre-settled status, which does not give that promised certainty. Many people are not aware that they need to apply, particularly those who have been here since childhood. Others may not apply in time, for many good reasons. The Secretary of State says that late applications for good reasons will be considered, but we do not really know what good reasons will count. That does not give certainty.

The Minister in the other place argued that declaratory registration is not necessary because the current scheme addresses all problems, but it does not. The arbitrary time limit and the problems and delays in securing status all risk making some people who should be lawfully resident unlawfully resident past the time limit.

The physical document—the other part of the amendment—is vital. Surely we in this Chamber all know that internet signals are not reliable. People do not all have smartphones. Other categories of non-UK citizens have a physical document, so it is not surprising that the Residential Landlords Association say that it is deeply concerned about the lack of physical proof and that landlords are not, and should not be treated as, border police. In a perverse justification of the policy, Ministers have said that providing a physical document, as this amendment proposes, would make a future Windrush-style scandal more likely. On our understanding, it is the exact opposite.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

My hon. Friend is making an absolutely crucial point. That is very much what we heard in evidence from experts at the Home Affairs Committee during the Windrush inquiry in the last Parliament. They talked about the importance of physical documents and the declaratory system issue.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

My hon. Friend makes exactly the right point. Government Members should consider that the Joint Council for the Welfare of Immigrants, the3million and the Residential Landlords Association have all warned that there is a risk that landlords and employers will be reluctant, without that immediate physical proof that other Windrush citizens lacked, to let a home or offer a job to EU citizens.

Jamie Stone Portrait Jamie Stone
- Hansard - - - Excerpts

The shadow Minister has referred to poor communications. As I have mentioned many times in this place, they are very bad indeed in my constituency. Broadband is at best indifferent. I suggest to the House therefore that many EU citizens are being disadvantaged when trying to get into the system at all because of where they live.

13:30
Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

Yes, the hon. Gentleman is absolutely right.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
- Hansard - - - Excerpts

My hon. Friend will be aware that the Brexit Select Committee in its former incarnation recommended a physical document. Many Members will have had this experience: constituents apply for further leave; employers say, “Prove you have leave”; they are told by the Home Office, “Apply to the checking service”; lots of employers refuse to do that, and as a result our constituents lose their jobs. Is that not precisely the kind of reason we need a physical document?

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

My right hon. Friend is exactly right. I ask Government Members to imagine a future constituency surgery in which they are asked to explain to their constituents who are EU citizens why they have been denied a physical document or settled status or have experienced delays in getting that status changed, and have thus been refused a job or a home—because their MP refused to back this amendment. Their constituents will ask, “Why did you vote this way?” and they will need a good answer.

Stewart Hosie Portrait Stewart Hosie (Dundee East) (SNP)
- Hansard - - - Excerpts

The hon. Lady will have heard the Minister say that online status is more secure, but someone with leave to remain or who is here on a spouse visa gets a physical residents’ permit. If online status were more secure, the Government would have done away with that, but they have not. Is that not the point? The Minister’s point about security is no justification for opposing Lords amendment 1.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

That is spot on. It is why many EU citizens in my constituency say they feel singled out—because they do not have what other non-UK citizens have, which is a physical document.

I turn to the CJEU and Lords amendments 2 and 3. In clause 26, the Government signal their intention to create chaos and uncertainty in our legal system. I can do no better than quote from the noble Lord Pannick, who said he supported the amendment for the following reason:

“Clause 26 is fundamentally objectionable, because it would give the Minister a delegated power to decide which courts should be able to depart from judgments of the Court of Justice and what test those courts should apply.”

He went on:

“These are powers which step well over the important boundary between the Executive and the judiciary. They are matters which should not be decided by Ministers.”

Later he said—and he was absolutely right—that

“once they are conferred the political and legal constraints if they decide to act unreasonably are limited.”—[Official Report, House of Lords, 20 January 2020; Vol. 801, c. 984.]

The Government ask us to trust that they will not go beyond existing constraints, but that is not good enough. Clause 26 would lead to different interpretations of the law in higher and lower courts, greater uncertainty and therefore more litigation. That cannot be what the Government want. Amendment 2 therefore simply deletes the entire provision.

Amendment 3 was a compromise proposed by a Conservative former Lord Chancellor, Lord Mackay—surely a man whom Government Members would want to listen to. He tried to find a compromise whereby the ministerial right to make regulations would be removed. Instead, any court could consider the possibility of departing from case law but would have to set out its reasons and refer the case to a higher court. What on earth could be the problem with that?

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
- Hansard - - - Excerpts

Surely my hon. Friend accepts that ultimately the test of when courts can diverge from EU law should be set in this Parliament and applied by our courts and that, if there is any question, it should be referred to the Supreme Court. That would maintain the division between Parliament and the courts.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

The problem is that we are allowing Ministers to set the terms and test, which is an unacceptable breach of the boundaries between the Executive and the judiciary.

The Government have had plenty of time to consider the provisions of the European Union (Withdrawal) Act 2018. If they want more time, just giving Ministers broad and sweeping powers is not the answer. They could, if they wanted, bring a short Bill before Parliament with proposed amendments that we could debate and scrutinise in the usual way. Every Government Member must understand—it seems that several possibly do, although they are no longer in their places—that if they pass the Government’s motions to disagree with amendments 2 and 3, the separation of powers will be blurred, there will be legal chaos and it will be impossible for Parliament to change. These are not powers that should be exercised through regulation. We should not risk ministerial interference in judicial processes. The Government should think again and withdraw their motions to disagree. If they do not, we will vote against them.

Thirdly, I turn to child refugees and Lords amendment 4, to leave out clause 37, which amends clause 17 of the 2018 Act and thus removes the obligation on the Government to negotiate future arrangements to protect unaccompanied child refugees. This is such a modest provision—it also reflects the Government’s own commitment—that it seems extraordinary and inexplicable that they are removing it. I have very dark and deep suspicions about why, though I want to be charitable and I am hoping there may be a good answer.

As Lord Dubs said, it is partly the scattergun of justifications that leads one to be suspicious. He was asked by Ministers to trust them, and he very generously said that as individuals he did trust them but that he did not trust them as a Government—because their predecessor Government had form on this. They promised to take 3,000 children on the Dubs scheme, as originally committed to, but took fewer than 500 in the end. The Government have boasted, as the Secretary of State has just done, about the number of children given refuge in this country, but have ignored the fact that most could not and did not come by the safe or legal routes that currently exist, even when entitled to them under the current law. They were often trafficked or took dangerous journeys in order to reach their family members, because they felt they had no other choice. We are talking about reuniting families, but removing the already restrictive access to safe and legal routes does not decrease the risk of trafficking; it increases the risk.

Stephen Kinnock Portrait Stephen Kinnock (Aberavon) (Lab)
- Hansard - - - Excerpts

My hon. Friend is making an excellent statement. Does she think that the phrase “global Britain” means we stop supporting and giving sanctuary to some of the most vulnerable people in the world? [Interruption.]

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

Of course not—hon. Members on the Government Benches seem to agree with my hon. Friend—but if so why remove the provision? Why not keep it in?

The Government say there is no change of policy, but the removal of clause 17 is a change of policy. They complain that leaving the provision in will act as a pull factor, but that rather indicates that what they want is a change of policy. They tell us that this is not the right Bill for the provision and that it should be in the immigration Bill, but clause 17 is context and time-specific: it directs the Government to a negotiating objective during the very time limited period—a matter of months—that they now have to agree the future relationship. As the Secretary of State has said, we cannot bind our neighbours to our national law, so that is not a valid argument against putting any other commitment in any other law. This provision only commits the Government to a negotiating aim. They say it can be done through rules, but a negotiating aim cannot be pursued through immigration rules. So which is it—is it law, is it rules, is it an aim, or is it no change at all, as they have also claimed?

The Government have said the provision would bind their hands in negotiations but then became offended at the accusation that they were using children as a bargaining chip. Again, which is it? Are children a limit on the negotiations or not? They have also justified their argument on the grounds of the election manifesto, but the only words in that manifesto were:

“we will continue to grant asylum and support to refugees fleeing persecution”.

There is not a word in that manifesto that implies this change of policy—and it is a change of policy—on child refugees. Just saying that it is not a change does not make it so. If it is not a change of policy, why does the provision need to be removed?

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
- Hansard - - - Excerpts

The shadow Minister brings up a hugely important area. As a former chairman of the all-party group on human trafficking and modern slavery, I consider it a very important issue. I hope the Government will commit to coming back to us, but separate from the Bill. I accept their argument that this Bill is the wrong place for this provision. It is much more important elsewhere.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

I thank the hon. Gentleman for that point and for his partial agreement—I think—but if it is not acceptable in this Bill, why would it be acceptable in another? It is a negotiating aim, and we are told by the Secretary of State that the negotiations have already started.

To my understanding, all that has happened is that the Home Secretary has written a letter. I think that was in November. We have not yet heard what reply there has been or about any negotiations. I do not want to believe that the Government think so little of our country that they are pulling back from protection for the very small number of children that this clause originally covered. I hope that we as a country are secure enough in ourselves to be generous to those fleeing persecution. I ask Government Members to consider that this motion demonstrates a lack of compassion. The Government’s reasons are contradictory and there are no justifications in the manifesto for removing this very modest, limited but necessary provision to protect some of the most vulnerable children we can imagine.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
- Hansard - - - Excerpts

Many of my constituents have been in touch with me, including Kirsty, who told me that her granddad was forced out of Czechoslovakia as a child after world war two and came to the UK as a refugee, where he was reunited with his parents. Many of my constituents have experience of that family reunion, and they, too, do not understand why the Government would want to row back on it. Does the hon. Lady agree that the Government really must change their mind?

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

I thank the hon. Lady for that intervention. It is clearly important to put on the record again that we are talking about reuniting children with an adult relative who is here legally. We are not talking about people who have no right to be here; we are talking about protecting the requirement to negotiate that. We really, really ask the Government to think again, and if they do not, we will vote against the motion.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
- Hansard - - - Excerpts

May I add, very briefly, to what my hon. Friend has said about family relationships? We also want the Government to stick to the principle that this should be an adult to whom the child is related, not just a parent.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

My hon. Friend is absolutely right. I do want the Government to stick to that commitment. For the Government to ask us simply to trust them because it will pop up in another bit of legislation is just not good enough.

Let me finally deal with Lords amendment 5, which relates to devolution. This will be the shortest part of my speech. The Sewel convention provides that when Parliament wants to legislate on a devolved matter, it will not normally do so without the relevant devolved institution being properly consulted. All we want to do is ensure that that happens. Our devolved nations need to know that Government assertions about UK sovereignty in clause 38 are properly and legally tempered by respect for the law, conventions, and practices on devolution. That seems completely reasonable to us.

Wayne David Portrait Wayne David
- Hansard - - - Excerpts

Does my hon. Friend agree that despite what the Government are saying, the impression is being given that they wish to undermine the Sewel convention through their act of opposing this amendment?

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

That is indeed the impression that seems to be being given. I suggest that Conservative Members, particularly those who are newly elected and represent constituencies in Scotland and Wales, should ask themselves whether this is what they told their voters back in November. Did they tell them that they would be voting against respecting devolution? Is that what they said to their constituents?

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
- Hansard - - - Excerpts

The hon. Lady will, of course, be aware that the Northern Ireland Assembly, the Welsh Senedd and the Scottish Parliament have refused consent. What does it say about the so-called partnership of equals if the three devolved Parliaments are completely ignored by the British Government?

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

I think what it says is that the Government will consult, but they are not listening. I think it mighty suspicious that the refusal to respect the amendment comes after those devolved legislatures said that they did not consent.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - - - Excerpts

The Government talk so much about democracy during election campaigns, but is it not time they accepted that listening to our devolved communities is very much part of democracy? They cannot just go out and talk about democracy and forget that.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

The hon. Lady is quite right. That is one of the problems that we had during the previous iteration of the Bill, and even more in the case of this one.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

I will give way once more, and then I must finish.

Bernard Jenkin Portrait Sir Bernard Jenkin
- Hansard - - - Excerpts

I am the first to acknowledge that the hasty publication of the original European Union (Withdrawal) Bill, including clause 11, left a scar because of the lack of consultation, but the Sewel convention remains on the statute book. It is not being deleted. We do not repeat everything important in every Act simply to re-emphasise it. That is a kind of virtue signalling that it is not necessary to include in this legislation.

Thangam Debbonaire Portrait Thangam Debbonaire
- Hansard - - - Excerpts

If the hon. Gentleman thinks that the convention is already law and we should respect that, why not just accept the amendment? Clause 38, which it seeks to amend, makes the somewhat obvious statement that this Parliament is sovereign. Why does that need to be in the Bill? I should like the Secretary of State at some point to make a commitment, on the record, that the Government will not introduce legislation on devolved matters without proper consultation.

This was a bad Bill in October, and it is a worse Bill now. Amending it is not stopping Brexit; it is about the future, and our long-term relationship with our neighbours. Scrutinising and amending legislation and holding the Government to account—it seems odd that I have to remind the Government of this—is exactly what we are supposed to do in both Houses.

Again I ask Conservative Members, especially those who are newly elected, whether they really think that this is what their voters wanted. Their voters may well have voted for Brexit—the Opposition accept that—but did they vote for the Government to break trust with the country on child refugees? Did they vote for the separation of powers between the judiciary and the Executive to be blurred? Did they ask for Ministers to be given more ability to interfere with the independence of the courts? Did they really vote to treat people who have been here legally for years, who have the legal right to be here, who have families and jobs and live here, to be treated differently, as second-class citizens? Did they vote for central Government to be able to impose their will on the devolved legislatures?

13:45
The Government have asked us to trust them, but, on all these matters, why should we need to rely on trust? We are lawmakers. Why should we not include this in the legislation? After all, the Prime Minister has changed his mind many times on many things. Why should we just accept this on trust? If Conservative Members think that that is what their electorate voted for, I say that they have a dim view of their own voters. This is now on them. I can absolutely promise that when these provisions unravel and the consequences emerge, Labour Members—with no pleasure or satisfaction whatsoever—will be saying to Conservative Members, “We did warn you.” We will vote against the Government today.
None Portrait Several hon. Members rose—
- Hansard -

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

Order. Very short contributions are required, as there are only 20 minutes left. For two minutes, Sir William Cash.

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

I simply want to say that I concur entirely with what the Secretary of State has said, and to refer very briefly to Lords amendments 2, 3 and 5.

Let me say first that the Government’s arguments about the question of the lower courts in relation to the Supreme Court are completely valid. I think that an enormous number of complicated problems will emerge from Lord Mackay’s amendment. The use of expressions such as “is of the opinion” and

“set out the reasons for that opinion”

will create a quagmire of interpretation.

As for Lords amendment 5, when I had the pleasure of advising on the Canadian constitution back in about 1982, I engaged in extensive discussions with Mr Geoffrey Marshall of The Queen’s College, Oxford, who is the greatest authority on the question of conventions. I entirely agree with the Government’s position on that, in the light of my own experience of what conventions actually mean, and I have to say that I have heard a lot of hogwash this afternoon in support of the alternative view.

Eleanor Laing Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

Christine Jardine.

Joanna Cherry Portrait Joanna Cherry
- Hansard - - - Excerpts

Should not the Scottish National party’s Front-Bench spokesman have been called?

Eleanor Laing Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

No. This is not a Second Reading debate.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

My apologies. Let me just say that I fully support the statement by the hon. Member for Bristol West (Thangam Debbonaire) that this is not about trying to refight the argument over Brexit; it is about what is best for the future of the country. In their manifesto just last month, the Government promised voters that the rights of European citizens would be protected. I appeal to Conservative Members to stand by that, particularly when it comes to the vulnerable children whom we have already discussed, who are separated from their families, who are refugees, and whom we can reunite legally with their families in this country. Why are the Government so reluctant to put that back in the Bill and protect it by law?

May I end by saying one tiny thing about the Sewel convention? The Government say much about protecting the United Kingdom, but I would ask them to consider how often they undermine their own argument and tie the hands of those of us on the Opposition Benches who want to protect and work for the United Kingdom. I learned a long time ago that impact is intention, and regardless of the intention in respect of the Sewel convention, the impact of it is to damage our own argument. The Liberal Democrats will therefore oppose the Government, and will support all five amendments.

Bernard Jenkin Portrait Sir Bernard Jenkin
- Hansard - - - Excerpts

The devolution question has been running ever since the publication of the European Union (Withdrawal) Bill in the summer of 2016—or 2017, I cannot remember—and there has been an erosion of trust. I plead for us to try to rebuild that trust between the different bits of the United Kingdom, because they will have to exist even if at some distant future date Scotland becomes an independent country. The question is: how are we going to rub along together?

I want to add a particular point about the supremacy of EU law. There is no power grab in any of this. The powers that are being held by the United Kingdom Government are simply the powers that were being held by the European Union since the inception of devolution. Some are arguing that the repeal of the European Communities Act 1972 means that there is an implied power grab from the devolved Assemblies and that these matters are not automatically being transferred back to the Assemblies. However, these are powers that the devolved Assemblies never held. In fact, the EU has the power to make international agreements that grab more power from the devolved Assemblies without any consultation whatever, so what we have is an improvement in the situation.

I understand why these matters become inflamed, but we should try not to inflame the division that exists between us on other matters by using this issue. That is not going to improve the harmony of the relations between this Parliament and the devolved Parliaments, or between this Government—any Government—in Westminster and the devolved Governments. I appreciate why some might take a different view because they have an agenda—which I completely respect, I really do—but this is not the time, in this Bill, to start fomenting those particular issues.

Philippa Whitford Portrait Dr Philippa Whitford (Central Ayrshire) (SNP)
- Hansard - - - Excerpts

The SNP group supports all five of the Lords amendments and will therefore be voting against the Government. With regard to a declaratory system, the Secretary of State keeps saying that it will make things more confusing, but it would make it a registration rather than an application. The difference is that under such a system, there would be a guarantee of acceptance, which does not exist at the moment. The Government say that between 85% and 90% of EU or EEA citizens will get settled status quite easily, but that means that between 300,000 and 450,000 people will not. We can see that the people who are struggling with this are those who have had career breaks or caring responsibilities, which is particularly affecting women. There has been no sign of an equality impact statement on this, but there simply should be. The elderly and frail who have been here for decades have been overlooked, including people in care homes or those with dementia. It is wrong to have even the slightest threat hanging over such people who have spent their whole lives here.

The question of a physical document is also really important, as other Members have explained, with regard to dealing with landlords and employers, particularly because the internet is not always accessible. The Secretary of State said that people could download the email that they are sent that explains their status, but that email explicitly states that it is not proof of status. It does not provide such a document, even if it is printed. I am sorry, but after Windrush, EEA citizens and others do not trust the Home Office not to lose, delete or change their records.

Amendments 2 and 3, relating to clause 26, would remove the delegated power of Ministers to decide which courts and which test should be used to set aside ECJ judgments. This power steps away from the principle of precedence and raises concerns about judicial independence. The Conservatives put in their manifesto that they wanted to rebalance power between the Executive, Parliament and the courts. That starts in this Bill, and we should be very wary of it.

Amendment 4 relates to Lord Dubs’ amendment to restate the Government’s commitment to unaccompanied child refugees. Removing this proposal was probably the thing that most shocked MPs on both sides of the House, who felt that the Government simply could not justify it. At the end of transition, the UK will be outside the Dublin system, and transferring an application for refugee status from one country to another will disappear. The problem is in paragraph 319X of the immigration rules, which is all about the cost of a child coming and the ability to accommodate them. It pays no attention whatever to what is best for the child. That is what the Dublin system does, and the original clause simply said that the Government had to negotiate on this. There is nothing in that for the Government to object to.

Amendment 5 relates to clause 38. We are in unprecedented territory when all three devolved Parliaments have voted against giving legislative consent for this Bill. This is not just Governments; this is not just people who have the same agenda. It is the Parliaments that have voted in this way, and this Government ignore that at their peril. People now feel that, after 20 years, devolution is threatened not just by this Bill but by the former changes. Devolution is precious to people, even to the people who do not support independence, and the Government riding rough- shod over it really sends a message of disrespect. The Prime Minister likes to define himself as the Minister of the Union, but he cannot maintain a relationship or a marriage through force. It has to be based on respect. If all of this leads to the crumbling of the precious Union, he will have only himself to blame.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
- Hansard - - - Excerpts

Given the shortness of time, I will limit my remarks to those subjects that have not been addressed at length today. On amendment 1, which deals with the declaratory system and the documents, I want to make two points as a former Immigration Minister. First, on the declaratory system, I think it is important that we should have the current system, which encourages people to establish their status and ensure that it is clear now. The lesson that I took from Windrush was that one of the problems was that people laboured for many years under the sometimes correct but often incorrect understanding that they had a legal right to be here and all the appropriate documents, only to discover many years down the line that they did not. Encouraging European Union citizens to register and establish that certainty now is sensible, and taking the existing system—which, as the Secretary of State says, has already had 2.5 million successful grants—and effectively having to restart it would not be a good way of delivering certainty.

On amendment 4, which deals with the so-called Dubs amendment, the Government are trying to establish an important principle. I have not heard this set out particularly clearly, but the question is whether Parliament should legislate for the Government’s negotiating objectives. That position was never taken by the Government in the last Parliament, but because the Government did not have a majority, that Parliament forced certain negotiating objectives on the Government. I think it is better to re-establish the traditional mechanism whereby Governments negotiate treaties and bring them to Parliament for ratification into law. That might sound like a minor point, but it is an important one to establish. The Minister in this House has made it clear, as has Lady Williams in the other place, that the Government’s policy has not changed. There is now a relatively short period of time until the end of this year, and it is worth saying that the European Union has committed in three separate paragraphs of the political declaration to agreeing our future relationship by the end of this year, as well as our having made that commitment. I am therefore confident that we will have re-established the Dublin regulation in practice by the end of this year, which is why I firmly support the Government in rejecting this amendment.

Finally, the Sewel convention is already enshrined in statute. I listened carefully to what the hon. and learned Member for Edinburgh South West (Joanna Cherry), who is no longer in her place, said about this. Consulting someone, listening to them and taking into account their views is not the same as doing as they say. The problem is that it seems to me that the three devolved legislatures are simply refighting the Brexit argument. In 2014, the people of Scotland decided, for a generation, that they wanted to be part of the United Kingdom, and in 2016, the United Kingdom voted to leave the European Union. If the devolved legislatures were accepting of that decision and were trying to help the Government to deliver it in a better way, that would be one thing, but they are trying to refight the battle that they lost.

14:00
Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
- Hansard - - - Excerpts

Last year, I visited the camps in Calais. I met some refugee children, camped in the woods, who longed to be reunited with family members living in the UK. Those children have fled war and violence. It is only right that we uphold our moral duty and afford them the right to arrive in the UK safely. They are at risk of abuse and exploitation by traffickers. If safe routes are not provided, all this measure does is make dangerous channel crossings more likely.

Amendment 4 puts back provisions that were taken out of the previous withdrawal agreement, preserving the rights of refugee children to travel to the UK from an EU country after Brexit. The Conservatives claim to be the party of the family, yet this policy and their actions exacerbate divisions that cause harm and distress and put these children’s lives at risk. I have no faith in the Government to protect such rights in other legislation. Their track record on doing anything to support refugee children coming to the UK is appalling. Amendment 4 is in the right place; it should be in this Bill. The amendment speaks to our humanity as a country. If it is not agreed to, we will be failing in our moral duty.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
- Hansard - - - Excerpts

I want to set this debate in the big picture. People voted for Brexit, and in December they voted to get Brexit done. It has taken us three and a bit years to reach this stage, and we will be leaving the EU in just a few days’ time. Then we will have to move quickly into negotiating the long-term deal. Time and again over the past few years, I have heard EU counterparts say, “The problem with the British Government negotiators is that we don’t know if they can carry Parliament with them.” It is so important that we send the message to the rest of Europe that what is agreed with the EU can be passed through this Parliament. That is why it is so important that we pass the withdrawal agreement that was agreed through this Parliament. Yes, there are important matters raised by these amendments. Of course we want to support child refugees; we always have done. Of course we must make sure that EU citizens’ rights—[Interruption.] And incidentally, we always will support child refugees. Of course we must also support EU citizens, but the right place to do that is in other legislation, not in this Bill.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

In the last Parliament, the Home Affairs Committee produced a report calling for a declaratory system and also a physical document. It is possible to have a declaratory system that protects rights, but also to ensure an incentive for people to apply and get the document. If all of us in this House were suddenly told that our rights to get healthcare, rent a house or get a job depended on the workings of a Home Office computer system, we would have no confidence in it. That is why people want to know that there is a permanent document. I urge the Secretary of State to think again, because this will go wrong, and also just to accept the Dubs amendment. Do not put at risk or cast any doubt on this country’s commitment to child refugees.

Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
- Hansard - - - Excerpts

I think we should be thankful that we have the opportunity to think again on these matters; I rather regret that we have so little time.

On the issue of a declaratory right, I am very open to the spirit of having a declaratory system. It would send a wonderful signal about how open we are and how welcome people are to stay, but the sheer truth of it—I say this as the former Minister responsible for domestic preparedness in the Department—is that it is way too late to be making this decision now. I am afraid the proposal shows rather an ignorance of how government systems work and of the whole business of delivering a system that can work for literally millions of people. If the proposal were accepted, we would have to abandon giving status to millions of people. It needs to be removed from the Bill, so that we can get on and deliver status for people in a system that is working.

On Lords amendment to clause 26, the power is sunsetted to the end of the year. On the amendment from the noble Lord Dubs, this is one of those areas where we should be thankful that we are thinking again, but, bearing in mind that it is not long since we heard a general acceptance in this House of the proposition that we are all here to pursue the common good in good faith, it is deeply regrettable that some Members have sought to suggest that there would be any lack of commitment on our part to family reunion for refugee children. It is quite wrong. [Interruption.] The hon. Member for Airdrie and Shotts (Neil Gray) says that actions speak louder than words. We will earn the respect of the public by delivering.

14:05
One hour having elapsed since the commencement of proceedings on consideration of Lords amendments, the debate was interrupted (Programme order, 20 December 2019).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83F), That this House disagrees with Lords amendment 1.
14:05

Division 20

Ayes: 338


Conservative: 338

Noes: 252


Labour: 187
Scottish National Party: 45
Liberal Democrat: 8
Democratic Unionist Party: 6
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Lords amendment 1 disagreed to.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83F).
Clause 26
Interpretation of retained EU law and relevant separation agreement law
Motion made, and Question put, That this House disagrees with Lords amendment 2.—(Steve Barclay.)
14:27

Division 21

Ayes: 348


Conservative: 341
Democratic Unionist Party: 7

Noes: 246


Labour: 188
Scottish National Party: 45
Liberal Democrat: 8
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Lords amendment 2 disagreed to.
Motion made, and Question put, That this House disagrees with Lords amendment 3.—(Steve Barclay.)
14:43

Division 22

Ayes: 350


Conservative: 342
Democratic Unionist Party: 7

Noes: 247


Labour: 188
Scottish National Party: 44
Liberal Democrat: 8
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Lords amendment 3 disagreed to.
Clause 37
Arrangements with EU about unaccompanied children seeking asylum
Motion made, and Question put, That this House disagrees with Lords amendment 4.—(Steve Barclay.)
14:59

Division 23

Ayes: 342


Conservative: 341

Noes: 254


Labour: 188
Scottish National Party: 45
Liberal Democrat: 8
Democratic Unionist Party: 7
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Lords amendment 4 disagreed to.
Clause 38
Regulations
Motion made, and Question put, That this House disagrees with Lords amendment 5.—(Steve Barclay.)
15:15

Division 24

Ayes: 349


Conservative: 342
Democratic Unionist Party: 6

Noes: 246


Labour: 187
Scottish National Party: 45
Liberal Democrat: 8
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Lords amendment 5 disagreed to.
Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments 1 to 5;
That Steve Barclay, Paul Blomfield, Jack Brereton, Thangam Debbonaire, Mr Mark Harper, David Rutley and Dr Philippa Whitford be members of the Committee.
That Steve Barclay be the Chair of the Committee.
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Mike Freer.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

Telecommunications Infrastructure (Leasehold Property) Bill

2nd reading & 2nd reading: House of Commons & Programme motion
Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Second Reading
15:30
Matt Warman Portrait The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Matt Warman)
- Hansard - - - Excerpts

I beg to move, That the Bill be now read a Second time.

With apologies to T.S. Eliot, it is obvious that the naming of Bills is a difficult matter, but this Bill’s title does not do it justice. The Government are committed to delivering the infrastructure that this country needs, and the Bill is the first step on that road. To continue to channel T.S. Eliot, we know that if we do not deliver that infrastructure, too much of this country will be a digital wasteland.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
- Hansard - - - Excerpts

The Minister is right: this is the first part of a much greater endeavour. An increasing number of younger people find that they can do without a landline at all, so can he reassure me that this great, expensive endeavour will not be overtaken by the development of new technology, particularly as regards 5G, that will render it obsolete?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

I can absolutely assure my right hon. Friend that our approach to connectivity is technology-agnostic, and 5G is very much part of the solution, rather than something leading to the exclusion of connectivity. He is right to imply that we aim to go significantly beyond current demand to pre-empt the sort of problem that would occur if we did not build far in advance.

The Prime Minister and this Government have been unwavering in their commitment to the delivery of high-speed, reliable, resilient connectivity to every home and business as soon as possible. For the United Kingdom to remain at the forefront of the global economy, our businesses and consumers must have access to the tools they need to thrive. Already, our superfast broadband programme covers over 96% of the country and has brought connectivity to more than 3 million premises that would otherwise have been bypassed by commercial deployment.

Seema Malhotra Portrait Seema Malhotra (Feltham and Heston) (Lab/Co-op)
- Hansard - - - Excerpts

Labour Members recognise the importance of faster broadband. Indeed, I have worked with previous Ministers on this, and on the issue of notspots in my constituency. Does the Minister agree with me on the importance of the issue to young children, who need to study and do their school homework, and to people working at home? Issues have been raised about that in my constituency. Does he agree that the essential criterion of affordability must also be part of the Government’s strategy?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

Yes, the hon. Member is absolutely right. Teachers can only teach at the pace of the slowest broadband in the class if they are using digital technology; we have to be cognisant of that. We, with Ofcom, also have to be determined to ensure that competition continues to preserve the low prices that this country has typically benefited from.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

May I make a point of clarification? I was talking about children studying at home, and being able to do their homework. That is the issue raised with me by my constituents, particularly in areas where there are leasehold properties.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The hon. Member is absolutely right. My point about teachers was that when they send pupils home to do their homework, pupils must of course have to have the tools to do it. The pencil is now digital, shall we say?

On that point, the universal service obligation will give people in the UK the legal right to request a decent and affordable broadband connection if they cannot get 10 megabits per second, and we intend to invest £5 billion to ensure gigabit-capable networks are delivered without delay to every area of the country. We are proud of the work that we have done, and continue to do, to support deployment across the United Kingdom, from the Scottish highlands to Cornwall, from Armagh to Anglesey, but the digital revolution is far from finished.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

I give way to the former Chair of the Select Committee on Digital, Culture, Media and Sport.

Damian Collins Portrait Damian Collins
- Hansard - - - Excerpts

And I am standing for re-election, as the Minister knows.

The Bill gets rid of unnecessary delays in rolling out superfast broadband, which is what consumers want. He will know that in some areas of the country, particularly rural, notspot areas, one of the problems is that alternative providers—say, to Openreach—will not come in and provide superfast broadband because they are concerned that it will be overbuilt by another operator. Are there things we can do beyond the scope of the Bill—things he is working on now—to give more certainty to people who want to invest in the network, but want to make sure that they get a fair return if they do?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

Absolutely. My hon. Friend will know that the single greatest barrier to rolling out in the final 20% of the country is the risk of overbuild, which makes roll-out uneconomic and potentially makes using public funds even harder. We are absolutely working hand in glove with Ofcom on that, and to ensure that the system that we design ensures that the money—as my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) said, it is a significant amount—is spent in the best possible way.

Those gigabit-capable connections, by which I mean 1,000 megabits per second and above, will ensure that British businesses can retain their global reach. They will be a catalyst for entrepreneurs in areas such as cyber-security, big data and artificial intelligence, and will support innovation in operations that use cloud services and blockchain technologies. They will transform how and where people work and collaborate.

Perhaps the most exciting promise of gigabit broadband is for consumers, because as we all know, poor internet connections hold people back. They prevent children from doing their homework, the ill from arranging appointments to see their doctors and those who need it most from saving money online. It was superfast broadband that facilitated the rise of Netflix, Spotify and the iPlayer; gigabit broadband, with its improved reliability, resilience and speed, will herald the era of the internet of things, the connected home, integrated transport networks and personalised healthcare, and that is why this Government are committed to investing in it across the country.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
- Hansard - - - Excerpts

I wonder what conclusions my hon. Friend draws from York, which became a gigabit city in 2008, and whether the Government are looking at that example and learning from what has happened in that great city.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

York is an exemplar for these sorts of projects. It demonstrates why investment is the right thing to do for the commercial sector, and why it is right for the state to support it. I look forward to the other place seeing the Bill in much more detail. That will happen imminently, I am sure—or maybe not; we will see.

As I say, superfast broadband facilitated the original internet that we are so familiar with, and gigabit will do so much more. It will support older people in staying independent for longer, will allow people to work how and where they choose to a much greater extent, and will make sure that commuters can join up their life in a much more effective way. However, the benefits for businesses and consumers can be realised only if digital infrastructure providers such as Openreach, Virgin Media, CityFibre and many others—increasingly more—can access homes, workplaces and public buildings such as hospitals and train stations. It is for that reason that this Government have made the deployment of gigabit broadband one of our key priorities.

With this Bill, we are taking the first hammer blow to the barriers preventing the deployment of gigabit connectivity. We will similarly take aim at new-build homes that are being built without access to futureproof connections, and we are exploring how we can make it easier for digital infrastructure providers to share the infrastructure of others, and how we can promote 5G mobile services by simplifying the planning regime.

Daisy Cooper Portrait Daisy Cooper (St Albans) (LD)
- Hansard - - - Excerpts

The Minister mentioned delays. I welcome the Bill, although it is overdue, and its objectives. One of our challenges, however, is that up to 3,000 applications a year could be going to the tribunal from suppliers wanting to secure access. The Minister said that he would be taking a hammer to the delays and barriers; what will he do to ensure that the tribunal has the capacity and resources to process those applications and ensure that they go through?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The hon. Lady is absolutely right that the system is only as good as the resourcing behind it. We will explore every option to ensure that the tribunal gets those resources. We are confident that what we are proposing will work—we will make sure that it does—but of course we are open to considering what we can do to make it better as soon as we might need to.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

I thank the Minister for giving way again. Will he clarify how he envisages the Government working with the devolved Administrations and councils —we should bear in mind the very good work with Transport for London on connectivity through tube stations—so that we get the maximum for the investment made from the public purse?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

Telecommunications is a reserved matter, but I have already discussed how the system will work through the equivalent tribunal schemes in the devolved Administrations. The hon. Lady is absolutely right that although bodies such as TfL are not directly affected by the Bill, we are working with colleagues at the Department for Transport to make sure that London and other places get the connectivity that they deserve on public transport. Plans are forthcoming for wider deployment of the wi-fi system that is currently available only in stations.

As I say, the Bill ensures that those living in blocks of flats and apartments—known by the telecommunications industry as multi-dwelling units, or MDUs—are supported in accessing new networks. Operators have raised concerns that multi-dwelling properties are proving exceptionally difficult to connect. As I am sure Members will know, operators require the permission of a landowner before they are permitted to install equipment on a property.

Flick Drummond Portrait Mrs Flick Drummond (Meon Valley) (Con)
- Hansard - - - Excerpts

I welcome the Bill, which will help those people, but what about commercial tenants in business parks? I am thinking particularly of rural areas such as Meon Valley, where there are problems with connectivity.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

My hon. Friend is right that we should not simply look at residential property. We are exploring with the industry what that issue looks like; the Bill has been carefully designed to make sure that it delivers on what both the Government and industry feel is right. Obviously, commercial property is different. It is less prone to the sorts of issues that we are tackling here, but I will be happy to work with my hon. Friend to see what we can do to help Meon Valley in particular.

For those who own their houses, the issue is simple: they request the service and sign a contract, and an operator does the installation. However, for those in flats, whether rented or owned as a leasehold, the permission of the landowner or building owner is required for the common areas—the basement, corridors, stairwells and so on. Currently, on identifying a property in their network build area, operators will attempt to contact landlords, request permission to install, and offer to negotiate a long-term agreement on access. Those wayleaves set out the responsibilities of both the landlord and operator in respect of the installation.

Evidence from operators, however, suggests that across the UK’s major digital infrastructure providers, about 40% of requests for access issued by operators receive no response. That cannot be acceptable. Through inactivity, a building owner can prevent multiple families and households from accessing the services that, as so many people have said, are essential for modern life. The UK’s digital infrastructure providers are already upgrading this country’s broadband network. Failure to address this issue now will give rise to pockets of connectivity disparity. Neighbours will have different connections, based on whether they own a house or flat, and on whether their landlord is engaged or absent. That cannot be fair, and the Government are acting to address it.

This is about commercial realities. The Prime Minister and I made it clear to the industry only last week that we want nationwide access to gigabit-capable connection as soon as possible. Our ambition is to deliver that by 2025.

Edward Timpson Portrait Edward Timpson (Eddisbury) (Con)
- Hansard - - - Excerpts

We all welcome the Government’s commitment to full-fibre broadband, particularly in Eddisbury, where it remains pretty woeful, but the quality of mobile phone coverage also leaves a lot to be desired. Will my hon. Friend update the House on what is being done through the shared rural network to improve that through a final agreement, and will that include indoor as well as outdoor coverage?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

My hon. Friend is right that mobile coverage, while unrelated to the Bill, is an essential part of the connectivity solution. We have committed to the industry concluding its negotiations in the first 100 days of the Government, which takes us to the middle of March, and we are on track for that. On measurement of a network, we have historically been lumbered with standards that are not terribly useful. We need to do more to ensure that we provide the right kind of information to consumers; Ofcom and the Advertising Standards Agency have a hand in that, alongside Government.

If operators are to achieve our ambitious target, they need to get on and deploy their engineers and civil contractors, and to keep them moving to maintain momentum. They cannot afford to keep their teams idle while they wait for a response from a landlord that never materialises; from a commercial point of view, it makes more sense to bypass the property and its residents and deploy elsewhere to prevent that situation. The Bill will create a new application process in the courts that will allow operators, when faced with an unresponsive landlord and with a resident requesting a service, to apply to the courts to gain the rights to install.

It is important to make it clear that the new court application process is a last resort for operators. The key goal of the legislation is to increase the response rate to operators’ requests for access. The Government have always believed—and continue to believe—that the best, most efficient way for operators to install equipment in a property is through a negotiated agreement being reached between the operator and the landlord.

In December 2017, this House passed the Digital Economy Act, which among other things updated the electronic communications code. The code provides a regulatory framework for the relationship between landlords and telecommunications operators and includes provision for the operator to use the lands chamber of the upper tribunal, or its equivalent in the devolved Administrations, to have rights imposed in situations where a landlord is unresponsive.

To the best of my knowledge, as I speak, operators have not sought to use that power to address an unresponsive landlord, in part because they estimate that it will cost £14,000 per application, including legal fees and administrative costs, and take six or seven months in practice, and the outcome would by no means be certain. However, there are estimated to be 450,000 multi-dwelling units in the UK, housing some 10 million people. If operators’ current 40% failure-to-respond rate is projected across the country, we are talking about 180,000 cases and some £2.5 billion in costs. I am sure that Members will agree that the money and effort would be better used delivering better connections. The new process proposed by the Bill is proportionate and balanced, and places an exceptionally low burden on the landlord and a high evidential requirement on the operator.

An operator will be expected to have a tenant in the property who has requested a service. They will have issued multiple requests over 28 days and, thereafter, a final notice that explicitly says that the court may be used to gain access, and they will be able to show evidence of all the above to the courts. A landlord who wishes to take themselves out of the policy’s scope need respond to only one of the operator’s multiple notices. I am sure that hon. Members will agree that responding when someone writes is simply a courtesy. The expectation is that applications made to the tribunal through the provisions in the Bill will allow judges there to make decisions based on operators meeting an evidential threshold. This will allow decisions to be reached quickly and efficiently. Discussions are still ongoing about how we can make the process even faster.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
- Hansard - - - Excerpts

The Minister has said that landlords will have opportunities to respond. If, for whatever reason, they do not respond, and they find themselves in the tribunal, will any costs fall upon them?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The charging landscape will be set in collaboration with the tribunals and—I suspect that the hon. Gentleman will care about this in particular—the devolved Administrations, but the whole point of this regime is for it to be faster and far more affordable than the current regime. As we work with our colleagues in the Ministry of Justice and the devolved Administrations, we will have that at the front of our minds.

If applicants are successful, they will gain interim rights under the electronic communications code in relation to a property. Those rights will allow them to install, maintain and upgrade infrastructure for a period no longer than 18 months and will be accompanied by strictly defined terms regarding their use. These terms, which we have committed to consulting on publicly, will set out the standard to which works must be completed, and will make it clear that care must be taken to minimise the impact on other residents. If an operator wishes to continue providing a service to the building after the interim code rights have expired, and the landlord continues to be unresponsive, applicants may use provisions in the electronic communications code to apply for full rights. Time-limiting the rights to a maximum of 18 months incentivises operators to continue their efforts to contact landowners so as to avoid the cost, time and uncertainty of making a further application to the tribunal. It also ensures that where a landowner does engage, there is sufficient time for negotiations to take place and an agreement to be reached without disruption to residents’ broadband service.

To conclude, this is a technical Bill that achieves a specific purpose, but it does that in the context of the Government’s significant scale of ambition in this area. Gigabit broadband will be the enabling infrastructure of the next century. It will turbo-charge businesses, facilitate innovation and change how we work, live and engage in society, and how society engages with us. It is good for every part of this country, for our economy and for the public. The Government will support every home—every family wanting to shop online, and every pupil wanting to do their homework—whether it is in the middle of a city or the middle of nowhere, and whether it is a mansion, a terraced house or a block of flats. The Government will help them all to be part of this country’s gigabit future. I commend the Bill to the House.

15:52
Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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It is a great pleasure to speak on the Bill as the shadow Minister for Digital. I start by declaring an interest: before entering the House, I worked as a telecommunications engineer for 23 years, rolling out telecoms infrastructure in countries as diverse as Germany and Nigeria, Britain and Singapore. I have a lifelong interest in and passion for digital and technology. I love a good network.

I am afraid that the 10 years I have been in Parliament has coincided with a rapid decline in the quality of our telecommunications infrastructure—not because of my move, but because successive Conservative Governments chose to leave everything to the market. As a consequence, at a time of digital revolution, of which the Minister spoke, when so much could have been achieved, we have instead had 10 wasted years. The last Labour Government oversaw a communications revolution, with first generation broadband reaching 50% of all households within 10 years. Labour understood the importance of supporting both investment and infrastructure competition. Under the Conservatives in the past decade, fibre has reached only 10% of homes and without meaningful support for competition.

Our telecoms infrastructure is letting us down, economically and socially, and it is our towns and villages that are suffering most, with farmers and rural businesses, the poor and the isolated in a digital no man’s land. We have lost a decade, and we need to make up and build out the full-fibre infrastructure that the country needs.

The Conservatives talk about unlocking the whole of Britain’s potential, and we are at the top of the class in business, research and technology, development, science and education, but how can we continue to lead on bottom-of-the-table infrastructure? The OECD ranks us 35th out of 37 countries for broadband connectivity, although ours is the fifth largest economy, and 85% of small and medium-sized enterprises said that their productivity was adversely affected by unreliable connections in 2019.

Seema Malhotra Portrait Seema Malhotra
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My hon. Friend is making an important contribution to the debate. Does she agree that it is important to assess what this will achieve in practice, and to establish whether we will then be getting anywhere near the levels of full-fibre coverage in leading nations such as South Korea or Japan? Should we not measure the outcomes to ensure that the poorest and most distant communities can have the broadband that they need and deserve, and—as I said earlier—should we not also ensure that affordability remains at the core of the Government’s strategy?

Chi Onwurah Portrait Chi Onwurah
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I pay tribute to my hon. Friend’s experience and knowledge of the digital sector, which makes her very aware of the importance of ending the current digital divide. I shall say more about that in a moment.

Jonathan Edwards Portrait Jonathan Edwards
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I was glad to hear of the hon. Lady’s expertise in the building of infrastructure. The situation in rural Wales is particularly dire. I could name a host of villages in Carmarthenshire, including Abergorlech, Pont-ar-goth, Brechfa and Llansawel, where there are cables coiled along the posts which have not been connected. Will the hon. Lady please have a discussion with her colleagues in Cardiff so that some progress can be made in improving connectivity in the villages in my constituency?

Chi Onwurah Portrait Chi Onwurah
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The hon. Gentleman paints a disturbing picture of rural communities that have yet to have the connectivity that they require, but it is also very true of the country as a whole. Telecommunications are not a devolved matter but the responsibility of the UK Government, and we need to look to them to ensure that we have the environment and the investment that are necessary to deliver fibre for everyone.

Sadly, our wasted 10 years in telecoms are not limited to fixed infrastructure. As we have heard, mobile and the softer infrastructure of regulation have also been left to languish, and that will have an impact on the effectiveness of the Bill. Conservative Governments have entrenched the digital divide in the UK: 11 million adults lack one or more basic digital skills, and 10% of households do not have internet access. At this rate, there will still be 7 million people without these skills in 2028, which is tantamount to leaving one in 10 of our population permanently disenfranchised. It is a real issue of social justice: for instance, the West End food bank in Newcastle receives many visits from parents who have been sanctioned because they cannot sign on online.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

My hon. Friend is continuing to make an excellent speech. Does she agree that it is important to address the issue of notspots as well as the issue of speed of broadband access, and not just in rural areas? Thousands of households even in big cities like London, and more than 1,000 in my constituency, have little or no access to broadband.

Chi Onwurah Portrait Chi Onwurah
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My hon. Friend has made another important point. Notspots do happen, even in city centres. There are householders who can see Canary Wharf from their windows, but cannot connect with its broadband network. We need to take responsibility for ensuring that we have a network infrastructure of fibre that reaches every home.

This wasted decade in telecoms has made many of us digiphobes. Two decades into the online age, we still do not have any date for the online harms Bill, even though the harms it addresses—children accessing pornography and online grooming—were well identified 10 years ago. Newer harms from algorithms, artificial intelligence, the internet of things—which the Minister did mention—and data dominance are ignored, repeating the mistakes of the past. We need a robust legal framework that deals with privacy, data, age verification and identity, complemented by measures that put in place protections for vulnerable people online, not ones that kick in after they have already been exposed, compromised, abused or scammed.

This wasted decade has allowed algorithms and disinformation to take hold of the news online. It is said that a lie gets around the world before truth has had a chance to get its shoes on. Unfortunately, this Government have taken 10 years just to tie their laces. They have failed to understand the opportunities and challenges of the digital revolution in the way in which the Labour party did. A decade of inaction has seen regulatory and infrastructural failures at the expense of the British people and British businesses.

Edward Timpson Portrait Edward Timpson
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The hon. Lady talks about Labour’s record, and we heard about its plans during the general election to nationalise the broadband network. Is that still the Labour party’s policy, and is the £100 billion figure that BT estimates would be necessary to do that something that she would be prepared to admit to at the Dispatch Box?

Chi Onwurah Portrait Chi Onwurah
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I would like to ask the Minister whether he feels that the current regulatory environment is delivering for businesses and people. Does he feel that a regulatory environment where we have a monopoly—Openreach is a monopoly that is regulated, but not as a monopoly; it still has market share—is the right environment in which to deliver the digital economy that we need? The answer is clearly no. As for the solution to that, I can say with absolute certainty that the Government have absolutely no ideas and, more importantly, no plans to address this. We need to ensure that a monopoly network—which is what Openreach currently is—is enabled to deliver the excellent service, speeds and infrastructure that the whole country needs.

We recognise that the Bill is an acknowledgement by the Government of their current failure and an acceptance that the market as it stands is not delivering, but what is it actually trying to achieve? The Prime Minister has held three different positions on broadband infrastructure in six months. Standing to lead his party, he promised to deliver full-fibre connectivity to all households by 2025.

Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) made an important point in highlighting the issues in Wales, and I would ask that the UK Government look at the recent Welsh Labour Government’s review of the superfast broadband project to roll out full-fibre broadband throughout rural premises in Wales, only 16% of which are currently covered.

Chi Onwurah Portrait Chi Onwurah
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I welcome my hon. Friend. She makes an excellent point: an active Government can really make a difference in ensuring that all their citizens can benefit from broadband. It is a real pity that we do not have such an active Government in Westminster.

As I was saying, the Prime Minister first promised full-fibre connectivity to all households by 2025. Then the Conservative manifesto committed his Government to

“a massive programme of improvements for our roads”—

and—

“gigabit-capable broadband to every home and business across the UK by 2025.”

What is gigabit broadband? However, the Queen’s Speech dropped the 2025 reference altogether, saying only:

“New laws will accelerate the delivery of gigabit capable broadband.”—[Official Report, 19 December 2019; Vol. 669, c. 32.]

I am sure the Minister knows as well as I do that gigabit-capable broadband can be delivered through various forms of infrastructure, not only fibre.

Whichever promise the Government are thinking of keeping, they will not do it through this Bill. As the Minister said, it provides a bespoke process for telecoms network operators to gain access to multiple-dwelling buildings in order to deploy, upgrade or maintain fixed-line broadband connections in cases where a tenant has requested electronic communication services, but the landlord has repeatedly failed to respond to an operator’s request for access. Network builders say that they face significant challenges, and if they cannot identify or do not receive a response to requests for access from the building owner, they cannot proceed with network deployment. According to Openreach, 76% of MDUs miss out on initial efforts to deploy fibre because of challenges in gaining access.

The Bill takes into account the fact that landlords are not always responsive or eager to meet their tenants’ needs, but it is not a hammer blow. Its ambition is laudable, and we will not vote against it, but it will not achieve any of the multiple and contradictory aims that the Minister and the Prime Minister have talked about. It has a number of failings and needs to be significantly improved through scrutiny. First, it does not go far enough. The sector has welcomed the Bill, but not with any great enthusiasm. The trade body techUK says that the Bill

“does not go far enough,”

and that,

“from new builds to street works,”

many issues

“have not been tackled by the Government’s Bill.”

Charlotte Nichols Portrait Charlotte Nichols (Warrington North) (Lab)
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Does my hon. Friend agree that, given other well-known leasehold issues, such as rising ground rents and other charges levied by distant landlords, access should not result in extra service charges and that there might be a need to assess and reform the legal relationship between leaseholders and freeholders?

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

I welcome my hon. Friend to the House and to this debate, and I thank her for that excellent contribution. I was coming to that point, but let me make it now and agree with her. The need for this Bill is a reflection of the broken leasehold system, which Labour has significant plans to reform and change, but which the Government apparently have no intention of doing anything about, despite the misery in which many leaseholders find themselves as a consequence of the actions of freeholders.

I do not expect the Minister to be able to address the leasehold issue—although I hope he will say something about it—but he can address the issue of full-fibre broadband. He must be aware that BT said in its response to the Bill that the Government need to go further. BT said that, with the right fiscal, regulatory and legislative enablers, it would be prepared to commit funding to Openreach to fit 15 million homes with fibre by 2025. That would account for 50% of the 30 million that need to be reached, but that raises two questions. First, where would the other 50% come from? I hope the Minister can share with us his plan—it would be good to see one. Secondly, without the enablers that BT refers to, how many homes does the Minister expect to be reached by BT? We need a plan from the Government before we can have any confidence in their vague promises.

We recognise, as I think the Minister acknowledged, that the internet is now an essential utility for modern life. However, the Government’s “Future Telecoms Infra- structure Review” talked of bringing telecoms operators’ powers into line with other utilities. Does this Bill do that? It is not clear. Electricity and gas operators are empowered under the Rights of Entry (Gas and Electricity Boards) Act 1954 to gain entry to a property at all reasonable times, should the landlord or occupier damage the maintenance of a connection. Where water companies are under an obligation to provide water to a property, they are entitled to enter any premises for the purposes of determining whether or how to exercise their powers, and the same powers are extended to sewerage providers.

However, this Bill gives no statutory right of access to telecoms companies and places no obligation on landlords to facilitate access. I am not saying the Bill should do that, but I am trying to understand how the Government are treating telecoms. It would be nice to have a sense that the Government understand the difference between telecoms and other utilities. Other utilities are permitted to force entry to ensure there is no threat to life or safety. Although I believe online harms are a real danger, I do not believe they are the same thing.

For other utilities, such as energy, there is competition only in the retail layer, not the infrastructure layer. I will come back to that point but, given the Government claim to be encouraging infrastructure competition, it will create complexities that need to be explored. From what I can see, although the Minister talks a lot about exploring things, those complexities have not been considered so far.

Given the confusion on what kind of utility telecoms are, it is not surprising that doubts remain on whether this bespoke process will actually work or have any impact at all. What constitutes a meaningful response from a landlord? Can they just acknowledge the request? There is a question on whether the tribunals will have the right resources and expertise. The Country Landowners Association has observed that there is an existing code of practice. Why is that not working? What assessment has or will be made of the effective impact of these processes and costs on businesses? I understand there has been no impact assessment, and I expect to hear when one will be made.

We have heard that the Bill is a hammer blow. The Government promise to accelerate broadband roll-out but, as we have also heard and as I am sure many Members are aware, mobile is an important part of that and the Bill does not mention it. Some 96% of urban areas can get 4G reception from all four operators, compared with only 62% of rural areas; 5% of the UK landmass gets no mobile coverage whatsoever. Rural mobile coverage is set to increase due to an industry project recently announced by Ofcom, and 5G has finally launched in the UK, so we expect to see network roll-out from the mobile operators.

Mobile UK, the industry body, has called on the Government to ensure that mobile and fixed-line broadband services receive equal focus and attention. Does the Minister have any plans to support mobile network roll-out, or is that to be left to the market?

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - - - Excerpts

The hon. Lady is raising an important point about mobile, which has huge potential. We have the technology to bring broadband into the home, but the big issue is the size of the data packages. Families find mobile prohibitive because it uses up their data allowance within a matter of days. Should not the Government work with the mobile companies to ensure these products are far better suited for family use?

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

The hon. Gentleman makes a good point, and affordability is a consequence of the level of competition, of the profits that mobile operators are making and of network capacity. The Government can address all those things, but they are apparently choosing not to do so.

The Government claim to be supporting infrastructure competition, and the “Future Telecoms Infrastructure Review” says that infrastructure competition is most effective at delivering investment. Where is the support for infrastructure competition in this Bill? What requirement is there on landlords and internet service providers to support infrastructure access for more than one telecoms operator? Residents will not be able to choose their supplier, leaving them liable to be fleeced by a single provider.

This is particularly important because of the wasted decade we have seen, which has allowed the re-monopolisation of the broadband network to take place. The last Labour Government delivered infrastructure competition in first generation broadband. It survives to this day, which is why people can get decent broadband from providers such as TalkTalk, Plusnet and Sky, as well as BT, but the Conservative Government gave BT hundreds of millions of pounds of public money, to establish, in effect, a monopoly on second generation superfast broadband. The Government were warned at the time, and not only by me, that that would entrench BT’s monopoly, but Ministers refused even to use the word “fibre”, as if by ignoring it, they could make demand for it go away. Other countries require shared access to building infrastructure. Have the Government examined case studies in other countries, such as France, which has a much higher proportion of MDUs than we have and much better infrastructure access competition? Speaking of MDUs, the definition in the Bill seems to imply that the situation is the same for a two-flat house conversion as for a block of flats with 100 apartments in it. Is that really appropriate?

The Minister mentioned new build. In 2008, I ran Ofcom’s consultation on fibre access for new build, and since then we seem to have made absolutely zero progress. What recommendations or guidance for new build apartments, and what other policies, is he proposing to ensure that new build houses have fibre access? As has been suggested, the huge question overshadowing this is the relationship between leaseholders and freeholders. Leasehold is broken. Labour has promised to end it, but, unfortunately this Government appear to have no meaningful proposals.

In conclusion, telecoms companies need to be able to deploy infrastructure quickly and effectively. Absentee and bad landlords can deprive residents of decent broadband by not co-operating, but telecoms companies should not be able to fleece residents or crowd out smaller competitors, and savings must be passed on to consumers. There is much the Government could be doing to deliver the infrastructure we need. We support the aims of this Bill but fear that the measures are not properly thought through and will not make a significant difference. We need a proper plan to overcome 10 wasted years.

When, last week, I said that Big Ben was the only telecoms infrastructure the Government could plan for, the Minister told me off, saying that, “as an engineer”, I should know that Big Ben “is not telecoms infrastructure”. He clearly does not know his telecoms infrastructure, as bells and beacons were our earliest forms of telecoms, which is, in essence, communicating at a distance, as the Spanish Armada found out. They were supported by public investment—[Laughter.] The Minister laughs, but he knows that we want to make sure that we have public investment to support the telecoms infrastructure, which provides a public good. It is sad that although the Government are happy to leave our infrastructure stuck in the past, they refuse to learn lessons from it. Under the Conservative party, one wasted decade may become two, and the British people will be the biggest losers.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
- Hansard - - - Excerpts

Let us have the usual courtesies respected during maiden speeches. I call Anthony Mangnall to make his maiden speech.

16:18
Anthony Mangnall Portrait Anthony Mangnall (Totnes) (Con)
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Mr Deputy Speaker, thank you. I am going to try to be simultaneously positive and brief in my deliberations in this debate on telecommunications infrastructure. I hope to be able to contribute my views on this issue and address the House for the first time as the Member for Totnes.

May I first congratulate my colleagues across the House whose maiden speeches have preceded mine? They have done little to calm my nerves, but they have highlighted the breadth of new knowledge, experience and talent that has been brought to this place. I wish my hon. Friend the Member for Bury South (Christian Wakeford) good luck in making his maiden speech later this afternoon. I also wish to pay tribute to my predecessor, Dr Sarah Wollaston. She took many views across this House, but she always treated me with courtesy, respect and decency. She served the constituents of Totnes for nine years, with diligence and hard work, and I wish her well.

My constituency of Totnes is a landscape of vivacious variety and beauty. From the rolling moorlands of Dartmoor to the meanderings of the rivers Avon and Dart, and with a coastline that stretches from Bantham to Brixham, it is unquestionably the most beautiful constituency—a fact that has only been underlined by the visits in recent months by my right hon. Friends the Members for Uxbridge and South Ruislip (Boris Johnson), for South Staffordshire (Gavin Williamson), for South West Norfolk (Elizabeth Truss), for South Northamptonshire (Andrea Leadsom) and for Braintree (James Cleverly), along with countless others. Quite what I have done to deserve such visits, I am unsure.

I am proud to be the representative of the hill farmers of Dartmoor, the fishermen of Brixham, the superior gin distillers of Dartmouth and Salcombe, and the independent small business owners of Kingsbridge and the booming town of Totnes, confirming that this is a constituency rich in history, innovation, individuality and character, as well as natural beauty. From its landscape to the vibrant economic hubs of our towns and villages, there is no other place in this country quite like it.

In fact, I can boast of the world-famous Brixham fish market, which allows connoisseurs of fine fish—fine British fish, I hasten to add—to purchase from the comfort of their own home using cloud-based technology. How about that? We also have numerous community partnership groups—such as Pete’s Dragons or Young Devon—whose work provides hope, comfort, opportunity and support to those most in need. Of course, for those of a military mindset, we are home to Britannia Royal Naval College, the epicentre of our naval officer training course and, perhaps just as importantly, the site where the first significant encounter between Her Majesty the Queen and His Royal Highness the Duke of Edinburgh took place.

Anthony Mangnall Portrait Anthony Mangnall
- Hansard - - - Excerpts

Later.

We have many successes, of which we are proud, but we also have underlying issues, which I hope to be able to address as the representative for Totnes. The closure of Dartmouth’s cottage hospital in 2017 has left a community fearing for its future health provisions. With a health and wellbeing centre scheduled to be built in the coming months, there are still calls for beds, X-ray units and a minor injuries unit. I hope that my right hon. Friend the Member for South West Norfolk will forgive me if I am somewhat persistent on the matter.

Towns such as Dartmouth, and towns in other rural constituencies, can easily be cut off without properly resourced frontline services and transport links. In fact, connectivity—both transport and digital—in Devon and the south-west lags far behind that in the rest of the country. I know that I speak for all my colleagues in the south-west when I say that those are two issues on which we will be working together.

The Second Reading of this Bill gives a clear sign of the Government’s commitment to providing improved digital connectivity across this country. I welcome this action and look forward to working on this Bill and future Bills that will improve connectivity for my urban and rural communities. Our road and rail infrastructure leaves much to be desired: any Member of this House who has travelled up and down the A303, A30 or A38 will understand the need for action. Major infrastructure projects all too often find themselves being talked about rather than implemented. I hope that this new outward-looking Britain will take an energetic approach to our transport networks.

The Australian bushfires that so grimly greeted the start of 2020 are yet another acute wake-up call for us to engage on the issue of climate change. Our hosting of this year’s COP26 in Glasgow is an opportunity for Britain to lead the world in combating climate change and stave off ecological disaster. Global Britain can be the champion of a green future. In my constituency, I hope to inform that debate by the creation of my own climate change expert group. I look forward to that engagement with my constituents.

I could, like every Member of this House, wax lyrical about my constituency for many hours, but I shall not. Conscious of the time, I shall move on to what my constituents might expect of me. Given that one of my predecessors was a communist spy and another a mystic, I feel it is only acceptable for me to outline what sort of politician I might be. To do so, my explanation to the House can begin only by thanking the right hon. Lord Hague of Richmond, Baroness Helic of Millbank and Chloe Dalton, with whom I have worked on a range of different subjects over the past 12 years. Their guidance, advice and friendship are part of the reason I am here today, and I am grateful to them for their persistent patience, kindness and generosity. It was while working for them in 2012 that I saw the creation of the preventing sexual violence in conflict initiative. By 2014 more than 150 countries had signed up to our commitment to tackle this issue—to tackle the culture of impunity and bring perpetrators to justice. This year we have a renewed opportunity to reinvigorate our leadership on this initiative and to drive forward action into progress and deliverance.

Last year I played a small role in helping to shut down the UK’s domestic trade in ivory—many Members of this place were active and engaged in helping to close that trade. Together, this House took the right course, by closing the UK’s market, implementing some of the toughest legislation in the world and encouraging others to follow. I am proud of the work that I have done with many Members of this House and the other place to introduce and implement this policy and that of preventing sexual violence in conflict, showing that the UK can take global leads on many issues.

Away from Westminster, I have had the benefit of working for two shipping companies, in Singapore and the United Kingdom. While those firms very nicely indulged my love of politics, they also taught me some of the finer points of international trade, business and negotiation—skills that I hope to be able to use in this House. They also highlighted the UK’s shipping sector, which is an often overlooked jewel in the crown of British business and enterprise.

As Members may have recognised, the direction of my speech is about seizing opportunity, expanding on what we have as a nation and restoring what we have lost. This country has taken a momentous step. I understand the fears and concerns about not knowing every element of our future, but we must reflect on the things that we do well and the areas in which we can grow. To do so is to recognise that the answer to globalisation is localisation, which, if achieved, can help restore faith in politics and in this place. If we can get this right, we can promote our regions and deliver the opportunity to which the Prime Minister so frequently refers. I hope to use my experience from shipping, politics and charity to guide me through Westminster waters in the coming months and years, doubtlessly with the help of my Whip—whether she is holding my hand or leading me is to be decided.

I am eager to play my part in the fisheries and agriculture Bill, to seize the opportunity to expand in our fishing and farming sectors and to take back control of our waters and own the agricultural destiny that we have before us.

The south-west has often been overlooked by successive Governments of all persuasions—whether Labour, Conservative or coalition. It is now more important than ever to ensure that we see through our promises by tackling climate change, implementing major infrastructure projects and creating a field of opportunity by reducing business rates, encouraging innovation and cultivating entrepreneurialism in every region of this country.

Mr Deputy Speaker, may I thank you for your patience and this House for its kindness in hearing my maiden speech, and may I offer my sincere gratitude to all those who have supported me both in this House and beyond over the past five months? Those of us who have the privilege to sit in this historic Chamber know that knocking on doors across constituencies enables us to see the very best of our communities and country, from the constituent who decided to vote for me depending on my like or dislike of Marmite, to the enthusiastic member of the public who greeted me and the Prime Minister as her “little teddy bears”—we have all been there. This House now has the duty and expectation to restore our people’s faith in this Parliament, honour our promises, and tackle the burning issues of the day for the good of the country and to demonstrate our global ability.

16:28
John Nicolson Portrait John Nicolson (Ochil and South Perthshire) (SNP)
- Hansard - - - Excerpts

I congratulate the hon. Member for Totnes (Anthony Mangnall) on his very fine maiden speech. I have heard winching described in many different ways, but never before as “significant encountering”. That is one to add to the lexicon. I was very encouraged by some of the things that he decided to highlight as issues of great passion for him, not least the ban on the ivory trade and sexual violence in war. Those are issues that will draw support from across the whole House, and we on the SNP Benches certainly look forward to working with him if he chooses to highlight them in his time here in Parliament.

Digital connectivity is critical to opening up economic opportunity in every part of Scotland. As tele- communications is a reserved matter, the Bill will have effect in Scotland. It is therefore vital, given the Scottish Government’s commitment to digital infrastructure through the Reaching 100% programme, that barriers to commercial deployment are addressed whenever possible. The SNP welcomes these proposals, which will unlock build opportunities for a number of telecoms operators in Scotland who are being prevented by access issues from fulfilling their customers’ demands. The R100 contract provider could also benefit from this legislation reducing the cost of delivery in multi-dwelling units that fall within the scope of the programme.

Scottish Government officials have taken advice from the Scottish Government legal directorate, and at present this Bill does not impact on devolved areas so will not require the legislative consent of the Scottish Parliament. However, the SNP will continue to monitor developments around the Bill, and Ministers in Scotland stand ready to engage with the UK Government and provide advice accordingly.

I also want to highlight issues surrounding new builds. Because of the failure of commercial broadband suppliers and developers to engage, new developments are being built without fibre broadband. In the Queen’s Speech of 19 December 2019, reference was made to forthcoming legislation that aims to resolve the issues around new build properties. The Department for Digital, Culture, Media and Sport published a consultation, “New Build Developments: Delivering gigabit-capable connections”, on 29 October 2018, and a response is expected to be issued within the next three months. Legislation is intended to be introduced shortly thereafter. Discussions with the Department to date have indicated that its current position is that this will be implemented through amendments to building regulations, which are devolved. It will therefore be important for the Minister to engage with counterparts from the Scottish Government to allow for a full evaluation of the proposals to ensure that, at a minimum, they are compatible in Scotland, and to allow the Scottish Government the opportunity to consider where they can go even further.

I know that you will be disappointed, Mr Deputy Speaker, if I conclude this exciting speech at this juncture. I know that you are begging for more, but I feel I should draw to a close. It is, incidentally, my first speech back in Parliament since my re-election, and what a pleasure it is to see you back in the Chair.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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To make his maiden speech, I call Christian Wakeford.

None Portrait Hon. Members
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Hear, hear!

16:32
Christian Wakeford Portrait Christian Wakeford (Bury South) (Con)
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Thank you, Mr Deputy Speaker; I could get used to that. I pay tribute to my hon. Friend the Member for Totnes (Anthony Mangnall), who delivered a rather marvellous maiden speech. Although I hate to disappoint my colleagues, mine will not be as riveting—but neither will it be as long. I congratulate you, Mr Deputy Speaker, on regaining your position in the Chair.

I start by saying how proud I am and how humbling it is to be here delivering this, my maiden speech, on the highly important topic of the Telecommunications Infrastructure (Leasehold Property) Bill. I know what you are thinking, Mr Deputy Speaker. Many of my new colleagues have previously said that they know what you are thinking, but I actually do. You, along with right hon. and hon. Members from all parts of the House, are thinking, “Why would you choose to do your maiden speech during the Telecommunications Infrastructure (Leasehold Property) Bill?” Indeed, as a new Member, I am asking myself the same question. The answer is that, like the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), I have experience working in the telecommunications sector.

I spent several years working in the sector—I reassure colleagues that I was not working for Openreach—and I know that the number of appointments that network operators miss because they cannot access properties creates several disadvantages. First, there was the financial cost to operators of sending an engineer out to a property only for them to be unable to deliver the service. That cost was ultimately passed on to the end-user. Secondly, there is an opportunity cost to not being able to deliver on one job: it meant that engineers could not go and deliver a service at another location, which leads to people waiting longer for an installation than specified under the service level agreements. Finally, the end-users themselves only want one simple thing: a telephony and broadband service. If a network operator is unable to go to their location, they are going without the one basic service that they require. It is right that the Government are committed to delivering gigabit broadband to every single house and business in the country by 2025, and this Bill goes some way to delivering that.

While I am discussing telecommunications infrastructure, it would be remiss of me not actually to discuss infrastructure, and one cannot discuss infrastructure without building a few walls. I hope that my colleagues know where I am going with this. After many years of Labour neglect in the north and our northern towns, the Conservatives have now been able to build our very own blue wall in the north; after those many years of Labour neglect, our northern counterparts from “Game of Thrones” remind us that “the north remembers”.

It is customary in one’s maiden speech to take Members on a virtual tour of their constituency. Mr Deputy Speaker, you have probably heard in maiden speeches many times—indeed, you have just heard from my hon. Friend the Member for Totnes—that everyone seems to have the most picturesque landscapes and the most vibrant towns. I do not want to break with convention. However, I also want to be on your good side, Mr Deputy Speaker. I therefore admit that your constituency clearly has the most picturesque landscape and most vibrant towns, with Bury South obviously coming a very close second.

The constituency of Bury South is rather ironically named; it does not actually contain any single part of the town of Bury. Instead, it is actually the south of the borough of Bury. Bury South is situated to the north of Greater Manchester, although to many it will remain a key part of the county palatine that I know Mr Speaker holds dear: the county of Lancashire. The constituency is made up of the townships of Radcliffe, Whitefield and Prestwich, and the villages of Ainsworth and Simister—places that many people believe to have been left behind. Given the choice in a referendum, as my predecessor mentioned in his maiden speech back in 1997, they would arguably vote for their own Bur-exit and more localisation of powers, along with the creation of town and parish councils.

Radcliffe was previously famous for its paper mills. Like many industrial towns, it has unfortunately seen the decline of the manufacturing industry, and is in need of a new high school and the regeneration of its town centre—two issues that I will be championing in this House and have already been speaking to Ministers about. Prestwich is famous for its municipal park, Heaton Park, which I am sure many hon. Members will have heard of. It is home to several music festivals and large congregations; and although I profess to have attended many, I can confirm to my constituents that not a single one was Parklife.

Prestwich is also home to one of the largest, most vibrant and thriving Jewish communities in the country, and I thank the community from the bottom of my heart for the generosity and kindness they have shown me, before the election and since. This is a community that had real fear in the run-up to the election. Members should not let anyone—either in this House or in any other place—try to convince them otherwise. The best example I have seen of the fear of the community was on the day after polling day, when a Jewish lady approached me in the street as I was heading back to my car, with tears running down her face and the simple message, “Thank you. Thanks to you and the Conservatives, we no longer have to leave the country.” I will hold that meeting with me until the end of my days, because it was a powerful message that resonated with me at the time and will continue to do so.

It has been highlighted to me that I am the first non-Jewish Member of Parliament for Bury South. Certainly, the Financial Times referred to it—but obviously there are other newspaper publications available. I was described as Christian, which quite clearly is neither Jewish nor Muslim—something so obvious I do not quite think it needed writing down, but they chose to do so anyway.

It is also customary to pay tribute to one’s predecessor. I find myself in a much easier position than most when replacing a former Labour Member—and a former Labour Minister, no less—because I received an endorsement from my predecessor, Ivan Lewis. Not only did he endorse me, but on polling day he actually donned a blue rosette and knocked on doors for me. That certainly makes paying tribute to one’s predecessor much, much easier. I have also been very fortunate to get to know Ivan Lewis quite well over the past few months—even more so through meeting him for coffee regularly in the constituency to discuss some of the issues that, while he was not quite able to see them through, we are working on closely to bring to fruition. I would like to pay tribute to the work he has done over 22 years in this place and truly to wish him the best with all his future endeavours.

My predecessor and I share very many similar passions, one being social mobility and one being education and improving our towns. I would like to take a moment to share those passions. One passion that we did not share was football, because unfortunately he did rather side with our noisy neighbours in Manchester—something he likes to remind me about, especially when they defeat us.

Many have asked why I decided to come to this place. As a former insurance broker, I was already hated, so, with not really having a passion for selling houses, I thought, why not go into politics and become a Member of Parliament? So that was the clear direction of travel. All jokes aside, I am a strong believer in social mobility, as a compassionate Conservative, and I believe the best way to achieve social mobility is through education. I declare an interest because, having a very young daughter, I obviously want the very best education for her, but in doing so I also want the best education for every child in this country, and even more so from early years through to further and higher education.

I stood on a platform of policies to regenerate our towns of Radcliffe and Prestwich and to protect our green belt at Simister and Elton Reservoir, on which at the moment there is a fear that thousands of houses will be built. I also fought a campaign based on ensuring that our streets are safe for our residents and not for the criminals, and that our police have the resources that they need to tackle crime. So I was certainly pleased to hear the Queen’s Speech reaffirm the commitment to putting more police on the street and deploying them where they are needed. I also fought campaigns to deliver the new high school for Radcliffe to make sure that every child in my constituency could go to a good-quality and local school; and to tackle the issues of congestion on Bury New Road in Prestwich, which has been described as one of the most congested roads in the north-west of England.

This moment, while filled with pride, is one that too many of my colleagues have also described as rather bittersweet, because unfortunately neither my father nor my older brother Mark could be here. They were lost far too soon, but they have given me a passion to support cancer care, road safety, and drug and alcohol rehabilitation. I am driven each and every day by whether my father would be proud of me. Hopefully today I can say he would be.

I conclude by summing up my approach to this place for the next five years, and hopefully longer: it is nice to be important, but it is more important to be nice.

16:44
Dehenna Davison Portrait Dehenna Davison (Bishop Auckland) (Con)
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I pay tribute to my hon. Friends the Members for Totnes (Anthony Mangnall) and for Bury South (Christian Wakeford), who delivered excellent, engaging and thought-provoking speeches. I congratulate them both on joining us as fully initiated Members of this place. I quoted from Harry Potter in my maiden speech, and I am delighted to be joined on these green Benches by a fellow geek—my hon. Friend the Member for Bury South, who quoted “Game of Thrones”.

It is great to see someone at the Dispatch Box with such knowledge and experience of digital infrastructure. There is no fear of this modern Conservative party being represented at the Dispatch Box by a fibre-optic Fagin like Peter Mannion in “The Thick of It”. I am pleased that this excellent Bill is being spearheaded by the Under-Secretary of State for Digital, Culture, Media and Sport, my hon. Friend the Member for Boston and Skegness (Matt Warman).

It may seem strange to talk about the year 1855 when discussing future-proofing our broadband, but this quote from the pastor Henry Melvill resonated with me:

“a thousand fibres connect you with your fellow-men”.

I am not sure whether Mr Melvill had a Tardis, but he certainly predicted the future, with fibre cabling now literally connecting millions of our citizens.

As I said in my maiden speech, we work best when we work together. As a modern, tech-savvy society, we work best when we are connected, but connectivity can be very bitty around our country. That is why one of my local priorities is improving access to decent broadband and 4G. At the moment, 4.8% of my local properties do not have access to decent broadband, which is more than double the national average. I am delighted to see the Government taking this seriously through the rural gigabit connectivity programme, local full-fibre networks programme and various other schemes. I look forward to working with the Minister on those schemes, to ensure that Bishop Auckland benefits from them in the fullest possible way.

Tom Hunt Portrait Tom Hunt (Ipswich) (Con)
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I apologise for interrupting my hon. Friend’s wonderful speech, but does she agree that it is vital for the Government to work with universities such as the University of Suffolk in Ipswich to bring forward degree apprenticeships focusing on the kind of research needed to provide the first-class digital infra- structure that her constituency needs to thrive?

Dehenna Davison Portrait Dehenna Davison
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I do agree, but I would also make a pitch for other great universities, such as the University of Durham, to be involved in that research. Improving that research to ensure that we get the most cost-effective and efficient infrastructure is really important.

In Teesdale particularly, access to decent broadband is a key consideration for many when moving property. My party has highlighted its commitment to this country becoming the best place in the world to do business online, and I wholeheartedly support that. To achieve that aim, we must do all within our power to ensure that the correct infrastructure is in place, so that local residents are not left time and again with buffer face. Infrastructure is crucial.

I fully support the Bill, because it will help Bishop Auckland constituents and our country in two key ways. First, it will help those living in rented properties. For renters in multiple-dwelling buildings, there is currently no guarantee of access for operators to upgrade digital infrastructure. While there are, of course, good, supportive landlords out there who understand that decent broadband is crucial, the current legislative framework means that, through inactivity, building owners can prevent tenants from accessing decent broadband. With almost 6% of Bishop Auckland residents living in flats, this is not good enough. That is why I am chuffed to support the Bill, which allows telecom companies to gain temporary access rights to a property to install broadband connections where the landlord has failed to respond to multiple requests for access. This is a great, positive step to ensure that renters are protected, and it ties into our wider commitment to improving renters’ lives. I look forward to learning more about the plans of my right hon. Friend and blue-collar champion, the Minister for Housing, who has a great Instagram feed, full of pictures of her in hard hats on building sites.

That leads on nicely to the second theme of the Bill. It will also ensure that new homes are built with fast and reliable broadband in mind. The Bill amends legislation so that new homes must have the infrastructure in place to support gigabit-capable connections, and it will also create a requirement for developers to work with broadband companies to install those connections. That is another excellent step forward in improving our digital infrastructure.

This Government are committed to ensuring that both homeowners and renters are able to access good, high-speed, reliable broadband. In a modern world of flexible and virtual working, it has never been more important for people to have good broadband in their home. When the laptop screen is closed and the working day is done, I find that quality of life is always improved by being able to stream “The Crown” on Netflix without buffering. I will finish with a quote from “The Crown”:

“History was not made by those who did nothing.”

This Bill certainly does something—something good—and I am delighted to speak in support of it.

16:50
Tracy Brabin Portrait Tracy Brabin (Batley and Spen) (Lab/Co-op)
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It is a great pleasure to speak on the Second Reading of the Telecommunications Infrastructure (Leasehold Property) Bill as the shadow Secretary of State for Digital, Culture, Media and Sport. It has been quite a thrilling afternoon, with a couple of fine maiden speeches. The hon. Member for Totnes (Anthony Mangnall), who is no longer in his place, gave a warm and passionate maiden speech. I would certainly be very happy to work with him cross-party on climate change, and especially on violence against women and girls. There was a fine speech from the new hon. Member for Bury South (Christian Wakeford), who was personal and passionate. I can certainly work closely with him on revitalising our high streets, and as Members of Parliament who represent our whole communities, we share a passion for ensuring that people of faith and no faith feel very welcome and secure in the places where they live. We have had very good interventions, too. I thank the hon. Member for Bishop Auckland (Dehenna Davison) for her comment about the need for a better deal for renters.

We have heard today—all our constituents know it to be true—that reliable, fast internet is a crucial part of modern life. Even 10 years ago, a global BBC survey found that four out of five people believe that access to the internet is a human right. If that is the case, it is sadly a right that many in the UK do not enjoy fully. According to Ofcom, there are still nearly 700,000 people in our country without a decent broadband connection. The Government’s universal service obligation requires providers to offer a very minimal service as a baseline, but this is simply not fast enough to take advantage of all the benefits the internet brings. When it comes to the speed and quality of broadband, the figures make for even more grim reading.

My hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah), the shadow Minister for digital—I pay tribute to her many years of experience in this field; she probably knows more about this than anyone in this building—was right to bring up the achievements of the previous Labour Government in this area; to be frank, this Tory Government’s record is shameful. She highlighted the communications revolution that we oversaw in office, with first-generation broadband reaching 50% of all households in only a decade. Under the Conservatives in the past decade, full fibre has reached less than 10% of homes. We must strive for full fibre because of the possibilities that it brings.

This is about modernising our country. As the number of internet devices rises, so must internet speeds, allowing us all to enjoy the benefits of connectivity. We must also support business and opportunity. Increasingly, the world’s marketplace is going online, and the sad truth is that we are being left behind. In Ofcom’s 2017 international communications market report, the UK was ranked 19th out of 19 countries for fibre-to-the-premises connections, and if the Minister will forgive me for repeating the words of my hon. Friend the Member for Newcastle upon Tyne Central—this does need repeating—the OECD ranks us 35th out of 37 countries for the proportion of fibre broadband coverage. For the fifth richest economy in the world and a country with a proud technological heritage—home to the inventor of the world wide web—this simply is not good enough.

As we heard in the maiden speeches, it is our towns and rural areas—from Batley and Cleckheaton in my constituency to the west coast of Cumbria—that suffer most from this neglect. According to 2016 research from the Oxford Internet Institute, there is a 30% gap in internet usage between the south-east, where the figure for internet use is close to 90%, and the north of England, where the figure is closer to 60%. What does this mean in an age when the internet is now where we go to relax, communicate with people, get around, and apply for jobs and benefits? It means in practice that many are locked out of modern society, unable to reap the benefits of the digital age.

What are the Government doing about this? We have heard a lot about levelling up, but since the Prime Minister came to office less than a year ago, he has had not one, not two, but three different positions on broadband connectivity. It is clear that we cannot take this Government at their word, so let us judge them on their deeds—on the provisions in the Bill.

The Bill is designed to enable people who live in flats and apartment blocks to receive gigabit-capable connections when their landlord repeatedly fails to respond to telecommunications operators’ requests for permission to install their infrastructure. We are told by network builders that more than three quarters of multi-dwelling units are missing out on fibre broadband as a result of the negligence of building owners. The Bill provides a bespoke process through which telecoms network operators can gain access to buildings to deploy, upgrade or maintain fixed-line broadband connections in cases where a tenant has requested electronic communication services but the landlord has repeatedly failed to respond to requests for access.

We will not vote against this Bill. Telecom companies need to be able to deploy infrastructure quickly and effectively. Absentee and bad landlords should not be allowed to deprive customers and consumers of decent broadband by not co-operating. We do, however, have concerns. Telecom companies should not be allowed to fleece residents by locking them into dependence on a single provider, nor should they be allowed to crowd out smaller competitors, but what guarantees—I am sure the Minister will respond to this question when he is on his feet—can the Minister provide that this will not happen? If the Bill does make rolling out fibre broadband cheaper and easier, the savings must be passed on to the consumer, not pocketed by the shareholders. Does the Minister agree? Will this be ensured?

Considered more widely, none of the Government’s proposals will provide the step change—the hammer blow—in internet connection that this country requires or that the Prime Minister has promised. The sum of £5 billion quoted in the Conservative manifesto is less than one sixth of the cost needed to roll out full fibre to every home, which the National Infrastructure Commission estimates at £33 billion.

Even if the investment is raised to the level needed, a real concern is that the money spent by Government on fibre roll-out is simply a massive subsidy for existing private operators. The Government put in investment, but keep none of its fruits. We will wait and see whether the Chancellor loosens the purse strings further in the upcoming Budget, but unfortunately, given the track record of the Conservative party, I am not holding my breath.

16:58
Matt Warman Portrait Matt Warman
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I thank the Labour party for its support, however grudging. It is important to say what this Government have done over the last 10 years, however the hon. Member for Batley and Spen (Tracy Brabin) describes them; they have fostered the largest digital economy in the G20. That success does not happen by accident; it happens through effective regulation that supports investment from the private sector. We need a proper plan, she said, and we have got one. What the Opposition have is a plan to nationalise BT at a cost of £100 billion—or at least I think that is what they have, because when she was asked that question, I did not hear a full-throated endorsement of the Labour manifesto position. Perhaps she is just positioning herself for her future leader. None the less, I enjoyed her reference to the Spanish Armada and I look forward to an historical tour de force that covers bells and a whole host of telecommunications infrastructure as we work through the passage of this Bill in Committee.

The hon. Lady raised a number of points. We consulted extensively in ending up with this solution. We will, of course, continue to be flexible where we can be to make sure that it evolves if it needs to. It is, as the hon. Lady said, a bespoke process that is dedicated to the telecoms industry. She is right that it would be silly to suggest that this should be treated in exactly the same way as other infrastructure, but we need to bear in mind the fact that digital infrastructure will become progressively more vital, as well as the question of how we line up the appropriate regimes.

Paul Girvan Portrait Paul Girvan (South Antrim) (DUP)
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When it comes to the infrastructure for broadband and its delivery, we are at the mercy of very few suppliers or providers. Unfortunately, although they put money into their pockets, they sometimes do not deliver at all to rural communities. That is our problem in Northern Ireland: there is money there, but the providers cannot deliver.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The hon. Gentleman is right that effective competition is absolutely essential to rolling out broadband in the best possible way. I have seen for myself in Dundrum and Belfast a whole host of really excellent work in Northern Ireland, demonstrating not only that it can be done but that it can be done at an even more efficient price than in some parts of the rest of the United Kingdom. Good work is going on that promotes competition. The role of the Government is, of course, to make sure we get maximum value for money across the whole of the United Kingdom.

I pay tribute to both the new Members who spoke for the first time. My hon. Friend the Member for Totnes (Anthony Mangnall) asked us to reimagine what a significant encounter might look like, but, more seriously, elsewhere demonstrated the depth of knowledge and breadth of expertise that he brings to this place. His constituents are lucky to have him, even though he is neither a communist spy nor a mystic—to our knowledge. Just as the Bill represents a significant upgrade for broadband in this country, my hon. Friend is an upgrade on communist spies and mystics, so we pay tribute to him.

I also welcome my hon. Friend the Member for Bury South (Christian Wakeford). He was initially somewhat disparaging about the Bill, and I was worried. But he showed genuine expertise on the topic as well as on antisemitism, one of the most challenging issues of our age. I also pay tribute to his courageous predecessor. I know from his funny and down-to-earth speech that he will be a worthy Member of this place.

Finally, my hon. Friend the Member for Bishop Auckland (Dehenna Davison) said that she had seen two new Members becoming initiated into full involvement in this place; I should say that full involvement comes when one colleague like her says something nice about me while another—who I shall not name—heckles to say that she is probably wrong. Welcome to politics. My hon. Friend is of course right to say that the Bill introduces things that will make a real and meaningful difference—not just in urban constituencies, but across the country. People are living in multi-dwelling units and blocks of flats in all our constituencies.

I am also, of course, happy to discuss some of the other issues that various Members raised in this debate. Some of those will come out in Committee. I was grateful to receive applications from a number of Members to serve on the Bill Committee—we will try to ensure that they do not regret it. It will be an important piece of legislation and I am grateful to them for their expertise in this debate and beyond.

To conclude, I am sure that we can continue to work together across the House to bring this important Bill into law as soon as possible, and on the other legislation that forms the building blocks of a comprehensive plan to deliver gigabit-capable networks across this country.

We are bringing this Bill forward first because it allows us to crack on with a plan that we would otherwise have to deliver by waiting for a single, larger piece of legislation. The Bill allows us to address some aspects of a broader challenge, and we will get on with the rest of the plan as soon as possible.

Matt Warman Portrait Matt Warman
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I look forward to encountering the hon. Lady across the Dispatch Box—it would be mean not to give way to her.

Chi Onwurah Portrait Chi Onwurah
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I was pleased to hear the third or fourth reference, I think, to a plan. Will he share with us when he will publish the plan for gigabit-capable broadband delivery?

Matt Warman Portrait Matt Warman
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We will, of course, be talking much more extensively and consulting on various aspects of the plan, which the hon. Lady will see emerge in good time. We are genuinely keen to be collaborative on many aspects of the Bill, because it is good to see cross-party support for a Bill that we all acknowledge is important. We hope to be able to do the vast majority of any legislation with cross-party support, because that is the right thing to do.

Government Members care passionately about this issue, and I am sure that the same spirit will continue as the Bill makes its passage through the House. This is a real contribution to the agenda of levelling up across the country and bringing digital infrastructure to every school, home and classroom in a way that allows all our constituents to benefit from the infrastructure that they deserve, and from a digital revolution that this Government will foster.

Question put and agreed to.

Bill accordingly read a Second time.

Telecommunications Infrastructure (Leasehold Property) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Telecommunications Infrastructure (Leasehold Property) Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 6 February 2020.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Mr Marcus Jones.)

Question agreed to.

School Meals: Hull

Wednesday 22nd January 2020

(4 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Motion made, and Question proposed, That this House do now adjourn.—(Mr Marcus Jones.)
17:06
Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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It is very nice to see you back in your place, Mr Deputy Speaker. I convey my thanks to Mr Speaker for allowing this debate, and it is very good to see the Minister in her place.

I requested this debate to talk about primary school meals and their cost in Kingston upon Hull. I am sure that the Minister will have been told by her civil servants that Hull has had a reputation over many years of taking forward pioneering policies on school food, thanks to councillors such as Colin Inglis and Mary Glew. For a period, Hull had free school meals in all primary and special schools and, in more recent times, it has had a very well supported, low-cost school meals policy, even though most of our primary schools are academies. However, some of those schools have now increased the price of school meals by 200% in the last year. My debate seeks answers on academy accountability and how councils can influence academies’ decision making under the current legal framework.

It will be useful to give a bit of background. Hull is one of the most deprived cities in the country. Twenty years ago, we needed to up our game in terms of educational achievement. While huge improvements had been made, more needed to be done. In the 2003 local elections, Hull Labour campaigned on the connection between good nutrition and educational achievement and on the fact that in order to learn effectively, children must be well nourished. The vision was summed up in four simple words: “Eat Well Do Well”.

Labour believed passionately that by introducing a free, healthy school meal it could break the vicious cycle of educational underachievement, greater welfare dependency with limited life chances, and the subsequent poor health in later years at a great cost to the NHS, and that that could all be linked back to poor nutrition in childhood. Labour won the election and set about turning its manifesto pledge into reality, showing the power that progressive local government can have to help to change lives. The council was adamant that the cost of providing universal free school meals would not lead to cuts elsewhere. It believed that by not taking decisive action to tackle the city’s inequalities, the council would be failing in its responsibilities.

Research has also shown a clear correlation between a healthy diet and improved school performance, attainment, self-esteem and behaviour, and, in the case of breakfast clubs, better attendance and punctuality. It could therefore be argued that the cost of the scheme was a very good investment for the far-reaching and long-term benefit of the health of future generations in Hull.

An evaluation of the Eat Well Do Well programme by Professor Derek Colquhoun at the University of Hull found headteachers to be delighted with the success of the scheme in creating calmer learning environments in which children had the opportunity to reach their potential. For its three-year duration, the programme was the envy of local authorities across the country. It displayed long-term vision and ambition, using the buying power and economies of scale of the local authority to invest in the future of Hull’s children and families.

In addition to tackling food poverty and childhood obesity, the pioneering initiative aimed also to eradicate the social stigma attached to the current free school meals system and ease the bureaucracy of means-testing. It also promoted good practice for parents in making healthier hot food attractive to children—more attractive than cold packed lunches, which were often of poor nutritional value.

Sharon Hodgson Portrait Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
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My hon. Friend is making an excellent speech on a very important subject. On the nutritional value of packed lunches, I am sure she is aware that studies have found that only 2% of packed lunches meet the standards required of food provided in schools. In every way, we should want our children to be eating the food in schools, rather than bringing in packed lunches that, with the best will in the world, are unhealthy. Does she agree?

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I pay tribute to the amazing work that my hon. Friend has done over the years on school food and free school meals in particular. I absolutely agree with her.

It is worth reflecting that in Hull 23% of primary school children claim free school meals, yet Hull City Council has estimated that as many as 800 pupils entitled to free school meals are not claiming them, and we know that many thousands across the country do not take up their entitlements, largely due to parental fears of social isolation or bullying. In addition, thousands of children classed as living in poverty or just above the poverty line but not entitled to free school meals could access Hull City Council’s Eat Well Do Well scheme.

Sadly, the scheme came to an end in the summer of 2007 after the Liberal Democrats took control of Hull City Council and reintroduced charges of £1 per meal. At a time when budgets were not under pressure, Hull’s Liberal Democrats decided to scrap the progressive measure for what I can only consider ideological reasons.

Following on from the undoubted success of Hull’s Eat Well Do Well scheme, two events followed. First, I remember sitting on the Front Bench 10 years ago as an Education Minister in the last Labour Government, and one of the things I was responsible for was helping to set up the free school meals pilots in Durham, Newham and Wolverhampton to get further evidence of the link between nutrition and educational attainment through free school meals. To this day, Newham still provides free school meals.

Lyn Brown Portrait Ms Lyn Brown (West Ham) (Lab)
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As my hon. Friend is saying, there is undeniably a link between educational attainment and free school meals. It is suggested that it can add two months of schooling, which is why Newham Council, in collaboration with its schools, is currently funding again free school meals for children. It is that important. In an area that is arguably the second worst in the country for child poverty, it is an essential. Does she agree that the Government should adopt the same priorities as Newham Council and Newham’s schools?

Diana Johnson Portrait Dame Diana Johnson
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I absolutely agree with my hon. Friend. I pay tribute to her work on social justice and the idea that people ought to have opportunities in their lives and that children should get the support they need in those early years.

A second point came out of the Hull scheme. When the Liberal Democrats got back into power nationally, after a very long time, as part of the coalition Government, they, learning from the experience in Hull—ironically—pushed through free school meals for the earliest years in primary schools, so we now have that from five or seven. When Labour returned to power on the council in 2011, we managed to reduce the price of a school meal to 50p—down from the £1 as set by the Liberal Democrats. That was thanks to an agreement from both the schools and the council.

I see this as a modern-day social contract. The subsidy of 80p per meal was provided by the council: 50p from the public health grant, and 30p from Hull City Council’s general fund resources. The council has been subsidising the school meals of children aged between seven and 11, and I do not think that any other local authority has been doing that very specific job. Again, Councillor Inglis was instrumental in making both the educational and public health cases for reducing the cost of school meals. The cost has remained at 50p, well below the rates of surrounding local authorities, for some years. Although the Eat Well Do Well scheme has ended, Hull has achieved a low-cost school meal and a partnership between our city’s schools and the council for so long, and in the face of national austerity that resulted in massive and unfair cuts in the council’s funding.

I understand that the threshold for free school meals has not risen for 14 years from a family income of about £17,000, so many more working poor families will not be eligible. The scheme that Hull City Council entered into with its academies was of particular benefit to them.

That brings me to why I initiated this debate, and to what has happened over the last 12 months. In January 2019 the price of a school meal in Hull, which had been 50p, doubled to £1 after academy heads decided to reduce their schools’ contributions to the subsidy funding agreement. I understand that that was agreed at a meeting of the Hull Association of Primary Head Teachers. I appreciate that school budgets have been under enormous pressure, and that difficult decisions have to be made. According to a report from the Institute for Fiscal Studies, schools and colleges in England have suffered the biggest fall in funding since the 1970s, and the funding shortfall for Kingston upon Hull in 2020 is £12.5 million. Nevertheless, Hull City Council, which was also under financial pressure, continued its subsidy at the same rate. But in January 2020—this month—the Hull Association of Primary Head Teachers again reduced the money for school meals, so the price has gone up to £1.50 per meal, and plans are being made for it to increase to the full cost of £2.30 later this year.

What has actually happened, however, is not a uniform increase. There is now a postcode lottery in Hull, and the charge depends on which school a child attends. Oldfield Primary School has stuck to 50p, and it is great that it has managed to do so. The co-operative learning trust, with seven primary schools, has not raised its price from £1, but many other schools now charge £1.50. Councillor Peter Clark, the current holder of the education portfolio, said that he did not support the price increases, but the council has no formal powers to affect the decisions that academies make. However, I think that there is a socialist moral case, and a one nation case, for this policy. The art of politics is at least trying to influence events on behalf of the communities that elect us. It is also unclear what has been agreed about continuing to pay a subsidy to schools that then go on to charge the full cost of a meal, and do not use that subsidy for its intended purpose.

This is extremely disappointing, as Hull’s strong reputation for supporting healthy, low-priced school meals cannot simply be abandoned. For me, politics is about standing up when something is not right, rolling up my sleeves and fighting to challenge it. I strongly believe that the benefits of access to low-cost, nutritious food to children in Hull cannot be overstated. These price hikes will mean that those “just managing” working families will be under even more financial pressure, and children may miss out on good nutritious food that helps them to succeed at school and grow up as healthily as possible.

I know that there are many in Hull City Council, and in the academy trusts, who want to do what is in the best interests of children and families in Hull, but who are constrained from doing so. With the academies, the problem seems to be that, owing to a silo-like structure, they can focus only on short-term targets, with too little reference to the needs of the wider community. As a result, academy schools that were meant to innovate are undoing the gains of past innovation in school food, in which respect Hull has of course been leading the way.

There are a number of issues that I would like to raise with the Minister directly. First, local authorities are under a duty to improve the health of their local population, as set out in the Health and Social Care Act 2012. Despite the huge change in the educational landscape, councils are also required to be champions of educational excellence for all children and young people. But how can these two requirements work when there is no accountability flowing from the academies in Hull to the council and the wider community? Is there a place for a review of this relationship?

Secondly, there appears to be no clear requirement or mechanism for co-operation. From a public health perspective, the council has a clear role in dealing with the consequences of health inequalities and mortality, so what does the Minister have to say about the role of education establishments and institutions in co-operating on these public health requirements? Thirdly, there are no formal provisions for a local authority to challenge public decisions from schools on issues such as school meal prices. Accountability is limited to Ofsted, the regional schools commissioner and the Department for Education, and seems to relate only to poor performance. How does this help when all parties want to work positively together to improve health and educational attainment? Should there be an enhanced scrutiny role for the council, for example? In Hull, I do not think that the scrutiny committee looked at what was happening around the arrangements with school food, because it said that it had no powers to do anything about it.

Sharon Hodgson Portrait Mrs Hodgson
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I am grateful to my hon. Friend for giving way. She has been very generous, although she could go on until 7 o’clock if she wanted to detain the House for that long. She mentioned public health, and that reminded me of the pilots, which she also mentioned, in Newham, Wolverhampton and Durham. The funding for those pilots came from the then Education Secretary and the then Health Secretary, the former Members for Kingston upon Hull West and Hessle and for Normanton. They got together and jointly funded the pilots from Education and Health for the very reason that it should not have been only Education that paid for them, because there were going to be huge health benefits as well. My hon. Friend is making a point about local government, but does she agree that this could equally be something for the Department of Health to look at under the public health budget?

Diana Johnson Portrait Dame Diana Johnson
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Yes, absolutely. What I have been trying to say in my speech is that there is a link between education and public health, and that at the moment it is clear that they are completely separate. I am trying to bring them together to work collaboratively. I am also grateful for being reminded that, because the previous business went down early, we have until 7 o’clock to debate this issue. I notice that the hon. Member for Strangford (Jim Shannon) is in his place, and I know that he usually intervenes in Adjournment debates, so I would be happy to give way to him as well.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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First, I congratulate the hon. Member for Kingston upon Hull North (Dame Diana Johnson) on bringing this debate forward. This issue is appropriate to her own area, but it is one that probably applies across all our constituencies. She has referred to subsidy and the provision of school meals. The importance of that for me and my constituency is also very real, because if we did not have that subsidy and help for those families, some of those young children would never have a solid meal in their day. Does she feel, as I do, that when it comes to making provision for those who are at the bottom of the poverty level and who need our help to get at least one square meal a day, the Government need to respond in a very positive way?

Diana Johnson Portrait Dame Diana Johnson
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I am grateful for that intervention, and I absolutely agree with the hon. Gentleman. We have a new Government in place, and I think that they want to deal with some of the long-standing issues in this country around the working poor and how those children can be best served in our schools when it comes to access to hot healthy school food. What Hull was trying to do, from a local authority perspective, was to have those progressive policies that have perhaps been lacking at national level for some time. I am not going to detain the House for much longer. I just have a few more questions, unless the hon. Member for Brigg and Goole (Andrew Percy) would like me to give way to him.

Diana Johnson Portrait Dame Diana Johnson
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Let me return to my questions for the Minister. I want her to be clear about whether it is right that all schools have to take individual decisions on school meal prices, because there was some dispute in Hull about the role of the headteachers association, not being a lawful decision-making body, and each academy school having to go through its governing body to make decisions about school meal prices. I want her to confirm that that is her understanding as well. What do the Minister and the Government think about the postcode lottery that has developed in Hull, with prices in schools varying? How does she feel about one parent taking a child to school and paying 50p a day and another taking their child to a different school down the road and being charged £1.50? Is that what she wants to see happening? Is she aware that there appears to be no restriction on the maximum price that an academy can charge per meal? Does that need to be considered?

The other point is about the efforts made to increase registration of those eligible for free school meals, which obviously is right. We need to ensure that eligible children can access those meals. I am told that the academies are saying that one of the issues in Hull is that the reduced price of school meals acts as a disincentive to getting families signed up for the free school meals that they might well be entitled to. That has an impact on the pupil premium. I am sure that the Minister has looked at that issue already and is concerned about it, so what is her thinking about that? Obviously we want to encourage people to apply for free school meals, but where they are just above the entitlement level—there are a lot of those families in Hull; the working poor—how do we ensure that they can access good, nutritious food at a reasonable cost without causing problems for the school because of the pupil premium policy?

Lyn Brown Portrait Ms Lyn Brown
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I am grateful to my hon. Friend for raising that issue. I say gently to the Minister that the criteria might be outdated, given what is happening in our communities, with 75% of families in poverty having somebody in work. We should not be stopping children who are experiencing real deprivation having a decent meal each day. I genuinely think that the criteria are outdated, outmoded and need some attention.

Diana Johnson Portrait Dame Diana Johnson
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I echo my hon. Friend’s sentiments; that is right. While we need to make sure that money is made available for those children most in need, that particular scheme now needs to be reviewed in the light of what is happening.

Andrew Percy Portrait Andrew Percy
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The hon. Lady will recall that I was on Hull City Council when the free school meal policy was introduced. There was a huge political fight about it. We all wanted to achieve the same thing, but there were big differences. However, the reason for my intervention is to say from the Government side of the House to my hon. Friend the Minister that I, too, believe it is time that we looked at the criteria, for the very reasons that the hon. Member for West Ham (Ms Brown) raised. When I was teaching in Hull, it was not just a case of people who could not afford to send their kids to school with a proper meal; sometimes it was also parents who did not know how to do that. I had kids coming into my classroom who had had chips for breakfast. That is not acceptable. This is not just about the criteria; it is also about how we educate people better to ensure that they are sending kids to school with a proper meal inside them. There is a role for Government here, which is why I would fully support a look at the criteria, but I would also urge my hon. Friend the Minister to do exactly as the hon. Member for Kingston upon Hull North (Dame Diana Johnson) has suggested and do more to address those struggling families—the working poor, as we refer to them, sometimes a bit patronisingly. I hope that my hon. Friend will, under this new Government, look at that as well.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

Not for the first time, I find myself in agreement with the hon. Gentleman. I pay tribute to him for the role that he played on Hull City Council. He was an esteemed member of the Conservative group on the council, although there were only two of them.

This has been a useful debate. Elected local councils are responsible and accountable. Alongside them, unelected academies have power but no responsibility. Academies have a vital role to play in the wider community, but there needs to be some responsibility and accountability locally, as well as through the Department. Can we look at whether rebalancing that relationship is necessary for the good of the coming generations upon which our country’s future depends?

17:30
Michelle Donelan Portrait The Parliamentary Under-Secretary of State for Education (Michelle Donelan)
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I congratulate the hon. Member for Kingston upon Hull North (Dame Diana Johnson) on securing this important debate. I was pleased to see her receive a damehood in the new year honours list.

The hon. Member has helped to highlight the value of school meals, which play a vital role in ensuring that children are healthy, well nourished and ready to concentrate and learn in the classroom. That is why the Department for Education not only sets school food standards to ensure that meals are healthy but provides free school meals for 1.3 million disadvantaged children, as well as universal infant free school meals for 1.4 million children.

I understand the hon. Member’s concerns about what has happened in Hull, which previously subsidised the cost of meals for children who are not eligible for free school meals. I am aware of the local decision to change those subsidies, but I stress that decisions about school food provision are devolved. This decision has been made by the local authority and local primary headteachers, based on their local knowledge and priorities.

To put it in a national context, most parents are asked to cover the full cost of meals for their child. It is important to note, however, that the recent changes in Hull do not affect those children who are already eligible for free school meals. I reassure the hon. Member that we encourage local authorities and school governing boards to give due consideration when making changes if this nature and to consult parents, which means considering the impact of prices.

I am sure that the local authority and primary headteachers will not have taken this decision lightly, and I note that the change is being made incrementally over two years. I have heard the hon. Member’s concerns, and I sympathise with them, but my Department and I believe it is absolutely right that school leaders have the freedom to run their schools as they know best.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

I am grateful for what the Minister is saying. I am interested in this idea that school leaders are acting in their best interests. Of course they are acting in the best interests of their school, but my concern is about the wider public health agenda, which the council has responsibility for, and how best to ensure that schools are fitting into the wider public health benefit that we all want to see.

Michelle Donelan Portrait Michelle Donelan
- Hansard - - - Excerpts

The hon. Member has highlighted the academies programme’s facilitating this, and the Government and I see it as providing opportunities through the key principles of autonomy, accountability and collaboration. Schools are ultimately responsible for delivering the free school meals policy and the actual meals, but the academies programme gives schools the opportunity to collaborate by coming together in strong trusts.

We encourage all academy trusts to build proactive relationships with parents and local communities to create a shared ownership of their school strategy and vision, which is what I think the hon. Member wants to happen. I stress that it is right that decisions are based on the local priorities of the school that has to administer the policy.

Lyn Brown Portrait Ms Lyn Brown
- Hansard - - - Excerpts

I have some sympathy with the Minister, as I have sat on the Treasury Bench and have had to deliver uncomfortable news to Opposition Members on things they are campaigning for, but will she meet me and my hon. Friends the Members for Kingston upon Hull North (Dame Diana Johnson) and for Washington and Sunderland West (Mrs Hodgson) to talk about poverty proofing for schools generally and the kind of advice the Government might be able to provide to councils and schools about how that might proceed? We would find it really useful to talk to her about free school meals and other issues for working families who are struggling because they simply do not have the wherewithal to pay for rent and food. We would very much appreciate an opportunity to talk to her outside this Chamber.

Michelle Donelan Portrait Michelle Donelan
- Hansard - - - Excerpts

I am more than happy to meet the hon. Member, or any other Member, to discuss this subject or any other within my brief, because these are important topics and there is a lot of mileage in what has been brought up today.

I was going to say that it is reasonable that we empower our local academies to make these decisions. It is also absolutely right that we are targeting our support at the families most in need. I have heard the pleas from those opposite and from my own side questioning the current eligibility criteria, to make sure that we are reaching those who are genuinely the most in need. Our Government have committed to review this once the roll-out of universal credit is finished, and I will ensure that I personally examine the eligibility criteria.

On wider funding, the Government have recognised the pressures that schools have faced and we have listened to teachers. That is why we have recently announced the biggest funding boost for schools in a decade, which will give every school the money it needs for its children. This includes levelling up all primary schools to receive a minimum of £4,000 from 2021-22, so the biggest increases are going to the schools that genuinely most need it.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

I am chair of the all-party group on school food, as I know the Minister is aware. The thing campaigners raise with me all the time is that £2.30 is the amount given per free school meal by the Government. Not only is there the eligibility issue, but campaigners say that this amount should be more in the region of £2.73, in order to meet the real costs. This is part of the school funding thing, but the funding that schools are given towards that meal needs to be uprated. Will she also look at that?

Michelle Donelan Portrait Michelle Donelan
- Hansard - - - Excerpts

Yes, indeed. We have committed to increase that amount in line with inflation, but we constantly keep it under review.

I want to take this opportunity to set out the critical role that the Department plays in providing healthy, nutritious food for children, which I know Members are passionate about. This is delivered through a range of programmes, many of which are targeted specifically at the most disadvantaged children. This is part of our strong commitment to promoting social mobility and ensuring equality of opportunity for every child.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

That was a programme on TV last week that specifically talked about food for children in schools. It indicated that there was not an all-round policy across the whole of the United Kingdom whereby all the food had to be nutritious, did not lead to obesity and contained the right numbers of carbohydrates and so on. In other words, we are talking about the sort of food that children need to develop their bodies and minds. The programme indicated that children can get those types of foods in certain areas of the mainland UK but not in all schools. I welcome what the Minister has said about what is going to happen, but how can we make sure that all schools provide the same nutritious food, for the development of the child, both in mind and body?

Michelle Donelan Portrait Michelle Donelan
- Hansard - - - Excerpts

That is extremely important. National food standards are already in place and schools have to adhere to them; they ensure that food is high quality, healthy and nutritious, and that it is lower in fat and salt. I want personally to look at that issue, to ensure that that is happening across the country. We are going further on this, as our forthcoming update on standards has been produced by the Department and Public Health England, to ensure that we are making the meals as nutritious as possible. Alongside that, our healthy school rating system celebrates schools’ efforts to support children in this regard, so we are almost incentivising schools, as well as enforcing this.

We remain committed to ensuring that the most disadvantaged children receive a healthy lunch at school. As I stated, last year about 1.3million disadvantaged children benefited from this important provision. Included in that number were around 10,000 pupils in the city of Kingston upon Hull. The universal infant free school meals programme, introduced in 2014, has proved successful, and a further 1.4 million infant pupils have received free nutritious meals at lunch time.

We know that free school meal take-up is high, but we want to make sure that as many eligible pupils take up and claim free school meals as possible, so we tried to make it as simple as possible by introducing an eligibility checking system, whereby the local authority and school can easily identify those who are eligible. We have also set up model registration forms to make it as easy as possible for parents, and we have provided more guidance at jobcentres for those who are eligible.

In addition to school meals—it is not just about the lunch time offering; it is also about breakfast, which has been mentioned in this debate—the Government continue to support the expansion of school breakfast clubs, and we are investing up to £35 million to kick-start or improve existing clubs in schools, with a clear aim for them to become fully sustainable over the long term. We recently announced that the programme has been extended for an additional year until March 2021. Breakfast clubs ensure that children start the day with a nutritious breakfast—I am a strong believer that breakfast is the most important meal of the day. The hon. Member for Kingston upon Hull North will no doubt be aware that there are already a number of successful breakfast clubs in her constituency.

Our work goes beyond the school gates. The Government’s holiday activities and food programme supports disadvantaged children to access healthy food and enriching activities over the school holidays, which is vital. In 2019, we invested £9 million in local holiday activity and food co-ordinators in 11 authorities throughout the UK. They were responsible for funding and overseeing free holiday clubs so that disadvantaged children in those areas could benefit from high-quality provision during the school holidays. Before Christmas, we launched a grant fund for a further £9 million in 2020.

Diana Johnson Portrait Dame Diana Johnson
- Hansard - - - Excerpts

Unfortunately, Hull did not receive any of that funding for the school holidays. I am growing increasingly concerned about the problem of holiday hunger. Although it is great that money went to 11 local authority areas, many more local authority areas in the country need assistance. Can the Minister say anything about the plans for this year and whether additional funding will be made available?

Michelle Donelan Portrait Michelle Donelan
- Hansard - - - Excerpts

We have already announced the further £9 million. I completely agree with the hon. Member about the importance of tackling this issue. In fact, our manifesto included a £1 billion fund for holiday activities, and we are working on what that will encompass—I believe it will encompass some of these issues.[Official Report, 27 January 2020, Vol. 670, c. 4MC.]

I note the work of the hon. Member for Washington and Sunderland West on the Children’s Future Food inquiry. Although it has not been specifically referred to today, I assure her that the Government will respond to the report in due course. A number of interesting suggestions were made in that review. In the meantime, Ministers have addressed some of the most pressing issues by writing to schools to ensure that they are fully aware of their responsibilities in respect of these matters, including the fact that they should provide access to free fresh drinking water at all times.

I take this opportunity to thank the hon. Member for Kingston upon Hull North again for raising this important issue with me and the House. Our recent funding announcement will be a significant boost to schools, but it is of course right that local authorities and schools have the freedom to decide how they spend their money. I have referred throughout my remarks to how the Government value the continuation of the contribution that school funds make by ensuring that children are healthy and able to concentrate and learn in school. We have an ongoing programme of work that supports our commitments in this policy area, and we are going further by updating the school fund standards and expanding our breakfast and holiday club programmes.

I look forward to meeting hon. Members to discuss the details further, but wish to assure them not only that will I respond shortly to the Children’s Future Food inquiry, but that we will continue to work closely with the sector over the coming months.

Question put and agreed to.

17:44
House adjourned.