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Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty the Queen has signified her Royal Assent to the following Acts:
Windrush Compensation Scheme (Expenditure) Act 2020
Sentencing (Pre-consolidation Amendment) Act 2020.
Speaker’s Statement
Mr Speaker
Following the orders passed on Thursday, virtual participation in questions, urgent questions and statements is allowed for certain Members. I have reintroduced a complete call list for questions, so Members should not rise to try to catch my eye; they should rise only when called. When a substantive question is asked by a Member participating virtually, I shall ask the Minister to answer the question and then call the Member to ask their supplementary question.
Oral Answers to Questions
(3 years, 10 months ago)
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Sir Edward Davey (Kingston and Surbiton) (LD)
The Secretary of State for the Home Department (Priti Patel)
The Government have made it our priority to protect the vulnerable throughout this national emergency, but we do not believe it is necessary to suspend the NRPF condition to do so. It is right that migrants coming to the UK are financially independent; however, practical support, such as rent protections and the coronavirus job retention scheme, apply to those NRPF conditions. We have allocated more than £3.2 billion to local authorities and £750 million to charities to support the most vulnerable.
Sir Edward Davey
The Home Secretary does not get it. People who have worked here and paid taxes here for years are being denied support and falling into destitution. People who have lost their jobs or seen their income slashed can be excluded from the very protections that the Home Secretary cites. Given that the rule disproportionately impacts people in our black and minority ethnic communities the hardest, will the Home Secretary suspend the “no recourse to public funds” rule for the duration of the pandemic?
Priti Patel
I thank the right hon. Gentleman for his question and his comments. The answer is no. Local authorities have provided a basic safety net, and that is because of the significant financial provisions that the Government introduced and the range of measures to support those people who had been working. Because of coronavirus—because of the national health pandemic situation we find ourselves in—we will support people with “no recourse to public funds”, and that assistance is being given under the coronavirus retention scheme and also the self-employed income support scheme, so funds are available. It is wrong to imply that safety nets are not in place. I hope the right hon. Gentleman will pay tribute to local authorities which, throughout this pandemic and this crisis, have been resourced with an extra £3.2 billion to provide vital financial help.
Holly Lynch (Halifax) (Lab)
Further to the comments that the Home Secretary just made, Ministers from the Ministry of Housing, Communities and Local Government wrote to all councils on 26 March asking them to utilise alternative powers and funding to assist those with “no recourse to public funds”, so it seems that the Government have understood in principle that NRPF is counterproductive during the pandemic, but the lack of clarity from the Home Office means that in practice people are still facing destitution. With that in mind, will the Home Secretary look again at the spirit of the Prime Minister’s comments to the Liaison Committee and outline how the Government intend to support these families?
Priti Patel
It is important to put on the record that this is not just about the Home Office; we work across Government and MHCLG—the Department responsible for local government and communities—is obviously central to this issue. In terms of the resources that have been provided, practical support, such as rent protections and the coronavirus job retention scheme, apply to those under the “no recourse to public funds” conditions. The hon. Lady specifically mentioned MHCLG and local authorities; £3.2 billion has been provided. I have been working directly with the Secretary of State for Housing, Communities and Local Government, and I have also been part of discussions with the devolved Administrations, throughout the past 10 weeks, looking at the protective measures and the support that can be provided through the resources provided from central Government.
Joanna Cherry (Edinburgh South West) (SNP)
The Black Lives Matter movement and Public Health England’s review of the disparities in risks and outcomes in the covid-19 outbreak have highlighted the inequalities suffered by black and minority ethnic people in our society. Does the Home Secretary accept that the “no recourse to public funds” policy disproportionately affects people from black, Asian and minority ethnic communities? If she does, why will she not push for it to be suspended, as a concrete step towards tackling the inequalities that so appal many of our constituents?
Priti Patel
I have a number of points to make to the hon. and learned Lady. First, the Government published the report last week on the impact of coronavirus on black, Asian and minority ethnic communities. The findings are indeed shocking and it is right that the Government invest their time and resources, particularly through the Minister for Equalities, to look at the measures that can be put in place. The “no recourse to public funds” policy is one of many policies, and it is right that as a Government we look at all policies that affect all communities in the round, without singling out one particular policy.
Joanna Cherry
I am glad to hear that the Home Secretary is looking at the policy, but I urge her to read a report that came out this time last year by Agnes Woolley called, “The Cost of the No Recourse to Public Funds Policy”. It found that most families with “no recourse to public funds” in the United Kingdom have at least one child who is British by birth, and nearly all those families are black and minority ethnic. Accordingly, “no recourse to public funds” is inherently more likely to affect BAME British children than white British children. Therefore, given this evidence that “no recourse to public funds” is a policy with racially discriminatory impacts, why will she not accept that it needs to go?
Priti Patel
If I may say, it is wrong to characterise the policy as racially discriminatory. It is a fact, however, that, for all communities and people of all backgrounds, there are many financial protections in place through the safety net of the welfare state. In addition, when it comes to children, funds have been made available through the Department for Education in the pupil premium. There are a plethora of support packages, which, combined collectively, are based on individual needs and individual circumstances. It is right that we treat people as individuals and not just categorise them. It is important to recognise that a plethora of issues affect people from black, Asian and minority ethnic communities, but we cannot assume that there is a one-size-fits-all approach, or a single-policy solution, to address those issues. It is right, as I have already indicated, that my right hon. Friend the Minister for Women and Equalities looks at the report that was published last week and that the Government provide a collective response to the many challenges facing the community.
Aaron Bell (Newcastle-under-Lyme) (Con)
The Secretary of State for the Home Department (Priti Patel)
I thank my hon. Friend for his question. My Department is working extremely closely with the police and the fire and rescue services, as he will be aware, to ensure that they receive all the support and PPE that they need throughout this covid-19 outbreak.
Aaron Bell
I thank the Home Secretary for her answer. May I also take this opportunity to put on record my support for the police? I sympathise with those police who were injured in the past few days. I believe that Staffordshire police have done a fantastic job throughout the covid-19 outbreak. They have issued one of the lowest numbers of fines in the country, which is because they have been policing with consent and with the good sense of the people of Newcastle-under-Lyme and the county more widely. On PPE, it is my understanding from them that they are expecting to be reimbursed for the supplies that they have—they have sufficient supplies. Will she confirm that this will be the case?
Priti Patel
I thank my hon. Friend for his question. He represents a constituency with which I am familiar. The work of his local resilience forum, his chief constable and police officers and staff throughout the pandemic has been exemplary. I want to put on the record my praise for them. On PPE supplies, it is my understanding that the force has achieved sufficient supplies. That is something that we have been working on at a national level. The Government have previously indicated that forces should be reimbursed for expenditure and, obviously, we will be working on that across Government.
Bim Afolami (Hitchin and Harpenden) (Con)
The Minister for Crime and Policing (Kit Malthouse)
Stealing someone’s tools is a particularly rotten kind of crime. Not only does it deprive them of their belongings, which is bad enough, but it also often deprives them of their livelihood, notwithstanding the inconvenience that it causes to them and their employers. We are determined to do something about this, which is why I recently convened a group of people from the industry and from policing to look at what more we can do to help. We are spending £25 million on our safer streets fund to drive down exactly this kind of acquisitive crime.
Bim Afolami
I thank the Minister for his response. Will he join me in championing the use of modern technology to combat tool theft such as the ToolWatch app designed by Harpenden residents, Denise and Alan Brett? This technology makes each tool traceable and can help police fight this crime. Will he take this opportunity to champion ToolWatch and help to spread its use in police forces throughout the country?
Kit Malthouse
My hon. Friend is one of the most original thinkers in the House and therefore it is no surprise that he champions innovation in all things, including crime fighting. Yes, he is absolutely right, there is lots more we can do in harnessing technology to fight crime, and I would be very interested, when we get back to normal, to visit his constituents and see ToolWatch for myself so that we can take it and promote it to the industry more generally.
Sir John Hayes (South Holland and The Deepings) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I thank my right hon. Friend for that question. He has long experience of matters such as this in the Home Office and elsewhere. On 1 January, for the first time in decades, the United Kingdom will have full democratic control over our immigration system, giving us power to determine who comes here and for how long. We do not intend to impose a cap, but our points-based system will ensure that only those with the skills our country needs come to the United Kingdom, and it is our expectation that total migration, as a consequence, will reduce.
Sir John Hayes
With the post-covid economy facing unprecedented challenges and the prospect of job losses, in the same spirit that the Home Secretary showed in condemning this weekend’s wicked violence, will the Minister look again at the resident labour market test, which means that jobs have to be offered here before they can be filled from abroad? Rebuilding Britain mean backing British workers.
Chris Philp
My right hon. Friend is correct that we want to encourage as many people as we can from the UK to take up job opportunities that are available. Our objective, ultimately, is to see a full rate of employment. We have laid out the points-based test that will apply from 1 January next year, ensuring that only people with high skills can come here, but it is up to this House and this Parliament to keep that under review, to ensure that we are striking the right balance in the way he describes.
John Redwood (Wokingham) (Con)
I am grateful for all that the Home Secretary is doing to bring in this new policy, which I hope brings higher wages and higher skills, but does it not also require tougher enforcement against the dreadful people traffickers who are making money out of making a mockery of our laws and undermining all that we stand for?
Chris Philp
My right hon. Friend is correct: people trafficking and people smuggling is a shocking offence that causes untold human misery. Last year, Immigration Enforcement made 259 arrests in connection with people smuggling and secured 101 criminal convictions, but I would like to assure him that this is an area where we can, must and will go a great deal further.
Caroline Ansell (Eastbourne) (Con)
The Secretary of State for the Home Department (Priti Patel)
Domestic abuse is a horrific crime that shatters the lives of those affected. We are working closely with domestic abuse organisations, the domestic abuse commissioner and the police to ensure that help and support continues to be available, and more so while the covid-19 restrictions apply.
Caroline Ansell
I thank my right hon. Friend for her commitment to work in this area. One in four perpetrators are repeat offenders, and some have as many as six different victims. In that light, does she agree that greater uptake of Drive, an intensive intervention programme aimed at perpetrators, could save lives, change the narrative and break the generational cycle which sees children raised in homes where they have witnessed abuse go on in later life to be at greater risk of becoming either abuser or victim?
Priti Patel
I wholeheartedly agree with my hon. Friend. She has highlighted many of the challenges but also the opportunities, in terms of how we can work with partner organisations to provide the right kind of support needed to tackle the root causes of domestic abuse, to protect children and to educate them in terms of their own safeguarding. There are many opportunities through which the Government are doing that, so that we can tackle this heinous crime. The landmark Domestic Abuse Bill, which began its Committee stage on 4 June, is a significant opportunity to transform our response to domestic abuse, provide critical support to victims and bring the perpetrators to justice.
Nick Thomas-Symonds (Torfaen) (Lab)
I know that there will be a statement on the events of the weekend following this session, so I will address those matters then. On domestic abuse, I welcome the fact that the Government responded to the calls of Opposition Members and campaigning charities on the need for a funding package for the sector. Labour called for £75 million for domestic abuse services, with specialist services such as those for migrant women protected. Can the Home Secretary confirm how much of that investment has reached the frontline?
Priti Patel
The hon. Gentleman will be well aware of the funding packages that the Home Office, along with the MHCLG and the Ministry of Justice, put towards the Treasury recently. To date, £1.2 million has been allocated to 13 frontline support organisations running key and vital services, including helplines, chat functions and improving technological capabilities, specifically for the covid-19 response. The funding will help to expand helplines and online capability to provide additional support and guidance so that victims can continue to access the support that they need.
Nick Thomas-Symonds
Well, £1.2 million of support for helplines is obviously welcome, but it is a tiny proportion of the overall £75 million, which needs to reach where it is needed as soon as possible. As of 2019, one in six refuges has closed since 2010. In 2017, local authority spending as a consequence of austerity had fallen from £31.2 million to £23.9 million, resulting in 60% of women being turned away from refuges for lack of spaces. That simply is not good enough. Even if the Home Secretary does not know the specific figures today, will she confirm that she will do all that she can to ensure that the money that has been announced actually reaches the frontline? Yes, the Domestic Abuse Bill is coming through Parliament, but we cannot just legislate our way out of this—that money is needed now.
Priti Patel
The hon. Gentleman is absolutely right about the money that is required to go to frontline services. As I indicated, the £76 million of funding that has been allocated to domestic abuse is split across three Departments. The Ministry of Justice has received £15 million for work with local domestic abuse charities through the criminal justice system.
On the hon. Gentleman’s specific question about the need for refuge provision, the Ministry of Housing, Communities and Local Government will be allocating £10 million to domestic abuse safe accommodation services. It is important that we all recognise that that is where the demand is. Throughout this very difficult period where refuges have found it difficult to operate, there has been a wide spread of measures where we as Government, in our engagement with the refuges directly, as well as with the Domestic Abuse Commissioner and the Victims Commissioner, have deliberately sought practical means of support for the frontline throughout this emergency.
Edward Timpson (Eddisbury) (Con)
Building on my right hon. Friend’s answer to the question on refuges, covid-19 has also highlighted the fact that despite the best efforts of the staff in our refuges across the country, including in the north-west, many of those who have sought refuge there, including their children in some circumstances, have not always had access to a good internet connection, which is often a lifeline for them, especially for children who need education. As we start to roll out broadband across the country to fulfil our manifesto commitment, will she commit herself to looking at refuges as one of the organisations that should be at the front of the queue so that people know that access will be there should they seek such sanctuary?
Priti Patel
My hon. Friend makes a vital important point. I have seen for myself, working with refuge and other third-party organisations in the domestic abuse space, the amazing work that they do in terms of internet safety within refuges. We must always put first and foremost the safety of the victims in the environments within which they are living. He is right to highlight the fact that without the internet, too many people, including children, are cut off, and that is a hindrance to their development and wellbeing. I will absolutely take his suggestion away with me and ensure that as we build greater internet safety provisions in refuges for domestic victims, we also think about what more we can do to give them the right kind of safeguards with the right provisions.
Dr Julian Lewis (New Forest East) (Con)
Sally-Ann Hart (Hastings and Rye) (Con)
Giles Watling (Clacton) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I am very glad that this question has arisen. We should be absolutely clear that these crossings of the English channel are extremely dangerous. They are crossing the busiest shipping lines in the world. They are facilitated by criminal gangs who are ruthlessly exploiting vulnerable people. The crossings are also entirely unnecessary because France is a safe country and it has a very well-established and functioning asylum system. We are therefore working with our French counterparts around the clock, sharing intelligence between our National Crime Agency and the French authorities, to stop illegally facilitated crossings and to prevent on-the-beach embarkations.
Dr Lewis
That is a very clear answer as far as it goes, but it appears that French patrol boats are escorting these dangerously overloaded inflatables across the channel until they reach English waters—I should say UK waters—whereupon our patrol boats pick up the occupants and ferry them to our shores. I understand that this is because we have to save people who put themselves, and sometimes their families, at serious risk at sea, but how can we remove perverse incentives to behave in such a dangerous fashion?
Chris Philp
It is worth emphasising that where boats get into difficulties in French waters—for example, if their engine breaks down—the French will pick them up and take them back to France. We must, as my right hon. Friend says, be mindful of safety of life, but we are reviewing our operational practices in these areas, for the reasons he mentions. Half the attempted crossings are intercepted by the French on the beach. We have so far, since last January, returned 155 people who have crossed and we seek to return many more.
Sally-Ann Hart
Migration policy is a core aspect of our national sovereignty. Will my hon. Friend please confirm that the UK will have a fair immigration policy that welcomes people who come to the UK legally, irrespective of nationality or religion, and that we will take back control over illegal immigration?
Chris Philp
I entirely agree with the point my hon. Friend makes, and with the similar points made by my hon. Friend the Member for Dover (Mrs Elphicke), on this topic. We have a points-based system coming into force shortly. We granted asylum or protection to 20,000 people last year, one of the highest figures in Europe, and we welcomed 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Our legal migration methods are entirely fair. We should therefore be policing illegal migration routes with complete effectiveness, and the Home Secretary and I are determined to do that.
Giles Watling
I thank my hon. Friend for his earlier answer, but we know that the migrants, as they cross the channel, sometimes threaten the French navy that they will throw themselves or their children into the sea. That is an appalling act, and we need to get the French navy to step up to the plate and take those people off the boats in international waters. What are we doing now to ensure that this happens?
Chris Philp
Discussions are under way between the UK Government and the French Government. Indeed, I am speaking to my opposite number, the French deputy Interior Minister, Monsieur Nunez, on Thursday this week. There is more we are doing as well, including working with the French OCRIEST, the French gendarmes and the Police aux Frontières—the PAF—to ensure that as many of those embarkations are stopped before they even get on to the water. About 50% are stopped before they get on to the water, but we would like that number to be a great deal higher.
Olivia Blake (Sheffield, Hallam) (Lab)
Kim Johnson (Liverpool, Riverside) (Lab)
The Secretary of State for the Home Department (Priti Patel)
The Home Office is committed to rooting out hate crime across our society, and we are in continued conversations and discussions with the police and partners across Government to ensure that these criminals face justice. The Government have a zero-tolerance approach to the vicious misinformation that seeks to blame any race or religion for the spread of all sorts of coronavirus rumours and misinformation. The deliberate spreading of false information in order to undermine our respect and tolerance for each other has been disgraceful, and obviously we are working across Government to stamp this out.
Olivia Blake
Last month in South Yorkshire there was a tripling in hate crime and, even more shockingly, a doubling in the amount directed at people of east or south Asian descent. Muslim communities have also been attacked and singled out over Ramadan and Eid. What engagement has the Home Secretary had with those communities at risk?
Priti Patel
First, the figures that the hon. Lady has cited are simply shocking, disgraceful and unacceptable. That speaks to a small minority of individuals and their lack of tolerance and respect for the communities she mentions. She specifically asks me about the engagement I have had, but of course across Government, and in the Home Office as well, we are engaging with different groups and different leaders of organisations at a ministerial level, but also at an individual level. I would say to her and all colleagues that we absolutely condemn the appalling racial discrimination and the hateful way in which misinformation has been spread, but also the way in which this has been targeted against specific communities.
Kim Johnson
As we are all aware, there has been a disproportionate number of deaths of black people as a result of the coronavirus, with a number of equality organisations raising concerns about closed online groups mobilising to incite hatred and violence against communities that are becoming covid-19 scapegoats. Stop Hate UK claims that the real number of hate crimes is likely to be much higher as incidents against people and places of worship are significantly under-reported. Can the Secretary of State confirm what specific plans have been put in place proactively to address the feared increase in hate crime?
Priti Patel
I thank the hon. Lady for her very important question and the points she has made. Any form of hate crime is of course completely unacceptable, and we expect the perpetrators of such crimes to be brought to justice. I suggest and ask that anybody who is a victim ensures that they engage with the police and has crimes reported. On the Government’s response and work across Government, obviously the Home Office and MHCLG continue to work closely with the National Police Chiefs’ Council, importantly to ensure that all police forces—we police by consent in this country—are providing assistance to communities and community organisations, and having the right kind of dialogue and support. But we are also encouraging that hate crimes—throughout this pandemic, there are no excuses for them—are reported. I and we, across police and across Government, continue to work with civil society partners. That is absolutely the right thing to do, and we will continue to do so.
Bambos Charalambous (Enfield, Southgate) (Lab)
As the Secretary of State has mentioned, there has been a sharp increase in online hate crime during the coronavirus lockdown. Organisations providing advice and support for victims are predicting a big surge in hate crime following the relaxation of lockdown measures, so what steps are the Government taking to introduce counter-messaging for religious, ethnic and LGBT+ groups that fear an escalation in hate attacks, and what additional funding will be given to the organisations responding to increased demand for advice and support?
Priti Patel
I thank the hon. Gentleman for his question, and he is right to ask about the cross-Government work that we do, and the support that we give to organisations, in the Home Office, but also with MHCLG. It is clear, in particular, that we see a lot of this activity taking place online. We are absolutely making sure that we can tackle that. We have robust legislation in place to deal with cyber-attacks, internet trolls, harassment, and perpetrators of grossly offensive, menacing and obscene behaviour, and we will continue to do so. Of course, through other means, such as places of worship funds and other activities across Government, we will absolutely continue to make sure that such organisations are resourced in the right way and, importantly, that we continue such community engagement and dialogue.
Catherine West (Hornsey and Wood Green) (Lab)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I have been making an assessment of this matter in recent weeks, and following publication of the most recent Office for National Statistics data, I can announce to the House today that, with effect from 15 June, the asylum support rate will be increased by 5%, from £37.75 a week up to £39.60 a week. That is about five times higher than the prevailing rate of inflation, which is currently 0.8%.
Catherine West
That is rather an ungenerous increase, I have to say, given that the rate can be as low as £37 a day for certain people seeking asylum. However, any increase is something I welcome. Could the Minister tell me whether he could live on under £40 a day?
Chris Philp
Well, it is per week: the rate is £39.60 per week. It is calculated by a methodology that is approved by the courts, and it is done with reference to ONS data, based on the incomes of people in the bottom 10% of the population. It is done with reference to figures, by a court-approved method, and that is the right way to fix this thing. I say again that a 5% increase is very substantially higher than inflation.
Rob Butler (Aylesbury) (Con)
Paul Howell (Sedgefield) (Con)
The Minister for Crime and Policing (Kit Malthouse)
The Government are of course committed to delivering an extra 20,000 police officers over the next three years and to putting violent criminals behind bars for longer. That is why we are giving the police literally wheelbarrows full of cash, with £700 million this year to help with the recruitment of 6,000 additional officers by the end of March 2021; 3,005 of those officers have already been recruited.
Rob Butler
May I first ask the Minister to join me in congratulating all of Aylesbury’s police on ensuring that the Black Lives Matter march in the town on Saturday passed off peacefully? Thanks are also due to the organisers and the community partners for their co-operation. Having recently been on a socially distanced patrol with the police superintendent in Aylesbury, I know the increase in officer numbers and the cash my hon. Friend mentioned will be greatly appreciated. Can he assure me that the process of additional recruitment be sustained, despite the undoubted pressures on the public purse due to coronavirus?
Kit Malthouse
I join my hon. Friend in congratulating his local police on the peaceful passing off of the protests in his area on Saturday, and I thank him for taking the trouble in his first few months as a Member of this House to spend some time with his local police. It is always informative, and I urge all Members to do the same.
Of all the promises made at the general election, I know that delivering Brexit and delivering 20,000 police officers are the two closest to the Prime Minister’s heart. With confidence, therefore, I can say that we will complete that task in the time allotted.
Paul Howell
I want to take the opportunity to place on record my thanks to Jo Farrell, the chief constable of Durham and Darlington police force, for the calm and controlled conduct of her force and, in particular, for her excellent weekly cross-party virtual briefings to make sure that local MPs and council leaders are up to speed. In recent calls, one point of concern has been frustration with delays in restarting court proceedings. Will my hon. Friend further encourage the Ministry of Justice to do everything possible to find a safe way to make as much progress as possible in reopening courts, so that all our police forces’ work results in criminals being dealt with?
Kit Malthouse
I join my hon. Friend in offering congratulations to his local police force and chief constable for the work they have done throughout the lockdown. Police across the entire country have done a fantastic job and remained remarkably resilient throughout the last few difficult weeks. He is right that the impact of the crisis on the courts has been profound and has resulted in the workload—the case load—rising quite significantly. Double-hatted as I am between the Home Office and the MOJ, I have a ringside seat on creating a recovery plan for the courts. On Friday, I held a meeting between the courts service, the Lord Chancellor and chief constables from across the country to start to outline the recovery plan to them, and I am confident that it will be put in place quite soon.
Sarah Jones (Croydon Central) (Lab)
As the shadow Home Secretary said earlier, issues around the horrific killing of George Floyd and the protests at the weekend will be dealt with in a statement later this afternoon. Now, I would like to ask the Minister about his “wheelbarrows full of cash”. With many police and crime commissioners, we wrote to the Home Secretary in early May, responding to a letter from the Minister for Crime and Policing to a PCC suggesting that funding for recruitment of the first tranche of the 20,000 additional police officers promised by the Prime Minister be repurposed to fund the response to covid-19 pressures. Will the Minister categorically confirm today that that letter was incorrect and that funding for recruitment of those desperately needed additional staff will not be diverted, and that the wheelbarrows full of cash will continue to be used to recruit those 20,000 police as promised?
Kit Malthouse
I am grateful to the hon. Lady for allowing me to clear up what is obviously a misunder- standing. Throughout the crisis, I have held weekly calls with police and crime commissioners across the country to talk to them about the issues they are facing. One issue brought to us relatively early was cash flow, as a number of forces have faced additional costs during the crisis and they felt that their cash flow—not the absolute cost, but their cash flow—might come under pressure. We therefore agreed to a number of measures, not least advancement of the pension grant and the early delivery of half of the ring-fenced funding for recruitment, to ease that cash-flow pressure. That is a separate issue from the overall cost, and our discussions with the Treasury about that cost and with PCCs are ongoing.
Rachael Maskell (York Central) (Lab/Co-op)
The Secretary of State for the Home Department (Priti Patel)
As we battle coronavirus, I am in constant contact with law enforcement leads, alongside the Policing Minister. We have listened to their needs from the start and empowered our outstanding police officers and forces to reduce the spread of coronavirus and save lives. Of course, central to that are the social distancing measures, and police continue to work constructively across all our communities to engage, explain and encourage, with enforcement the last resort.
Rachael Maskell
There is so much confusion now about social distancing. Despite just guidance having been given, in Wales, legislation was made to give the police the powers they need to put this in place, so what discussions has the Home Secretary had with Cabinet colleagues to introduce similar legislation now, particularly as we are seeing lockdown lifted and more danger being presented into our communities?
Priti Patel
First of all, when it comes to social distancing measures, the Government could not have been clearer that we all need, in order to stop the spread of the virus and control it—[Interruption.] We do, and from a policing perspective, the regulations are very clear in ensuring that we work constructively with our communities to social distance. As I have said, enforcement is the last resort, and the police have the power to issue fines of up to £100 in the first instance. The hon. Lady will be interested to know that 15,000 fixed penalty notices have been issued from 27 March to 25 May. In Wales, which she mentioned, 1,300 FPNs have been issued, taking the total for England and Wales to just under 17,000.
Rushanara Ali (Bethnal Green and Bow) (Lab)
The Secretary of State for the Home Department (Priti Patel)
As set out in my statement last week in the Commons, the public health measures at the border that are being introduced from today are the latest cross-Government measures in our collective response and fight to save lives, protect the British people and, importantly, prevent a second wave of coronavirus. Alongside the Minister for the Cabinet Office and the Secretaries of State for Transport, for Business, Energy and Industrial Strategy, and for Health and Social Care, I have worked across Government and the devolved Administrations, with science and industry, to carefully develop this health policy from a cross-Government perspective.
Rushanara Ali
I thank the Home Secretary for her answer, but the reality is that some of the Government’s response is likely to increase the risk of a second wave. It is also not clear why the Government are not agreeing to a 48-hour fast-track system of quarantining, instead of 14 days, which will do damage to our businesses. What steps will she take to ensure that this can be done in 48 hours?
Priti Patel
First of all, the policy is clear and it has been outlined not just by me but by other colleagues across Government—this is a cross-Government policy. The hon. Lady will be aware that the regulations are public health regulations, and in addition, the specific measures that clearly have an impact on the transport sector are being led by the Department for Transport and other Government Departments. From a health perspective—this is all about health; these are public health measures at the border—we have been guided not just by the science, but by working with the Department of Health and Social Care and SAGE advice and scientific advisers, in how this policy has been developed.
Conor McGinn (St Helens North) (Lab)
Scientists say that the quarantine introduced today has come too late. The police say it is unenforceable. The tourism and aviation industry say that it will ruin them, and the Home Secretary’s Department said that it is very hard to imagine how it will practically work. In contrast, our proposal for a 48-hour testing-led model would be targeted and efficient and would keep the country open for business. Can the Home Secretary explain to the House how her plan is better and why the Government think that they are right and everybody else is wrong?
Priti Patel
To the hon. Gentleman, I would say the following—first of all, this is not my plan; this is a Government plan and Government policy. In terms of the approach that has been taken, the Government have maintained throughout this pandemic that medical and scientific advice, in terms of border measures, are consistent and are now being applied. That is why throughout this entire outbreak—across the whole of Government, working with every Department—we have brought in and identified the right measures. He is right to highlight the impact on business and the economy, which is why I held a roundtable with the transport sector last week. It raised a number of issues about not just quarantine, but business costs and issues around business rates and furlough.
It is not solely for one Department to address these issues, and it is right that we work across Government to look at how we can introduce new measures. As the hon. Gentleman might recall from my statement last week and the questions I answered, I covered potential air bridges, fast testing, immunity passports and how we can digitalise the response at the border. That is a cross-Government response and it is something that all my colleagues across Government, led by the Department for Transport and the Department of Health and Social Care, are currently working on.
Mr Ben Bradshaw (Exeter) (Lab)
The Secretary of State claimed again that this policy is backed by the science. The chief scientific officer says that it is not. Will the Home Secretary please publish today the advice that she received from the Scientific Advisory Group for Emergencies that led her to introduce this irrational jobs and holidays-destroying measure?
Priti Patel
I refer the right hon. Gentleman to the comments that I made in the House last week regarding the scientific advice from the Home Office’s own scientific adviser. Of course, that advice will be published.
Mrs Natalie Elphicke (Dover) (Con)
The Secretary of State for the Home Department (Priti Patel)
The remarkable success of Hong Kong is predicated on its freedom, its autonomy and the remarkable industry of its people. The decision by the Chinese National People’s Congress to impose a national security law on Hong Kong is a clear breach of China’s international obligation and a threat to the freedom of the people of Hong Kong. If China follows through with this legislation, Britain will not hesitate to act. We will put in place new arrangements to allow those in Hong Kong who hold British national overseas passports to come to the UK, enabling them to live and apply to study and work for extendable periods of 12 months, leading to a pathway to British citizenship. If it proves necessary, the British Government will take this step, and take it willingly. We will never abandon our commitment to the freedom of Hong Kong and its people.
Mrs Elphicke
New-born babies put at risk of hypothermia; toddlers stripped of their life jackets and dangled over the side to prevent interceptions; and pregnant women forced to board at gunpoint. Does the Home Secretary agree that it is humanitarian—as well as the right thing to do—to tackle and put a stop to ruthless criminal gangs, to return boats to France and to give her the legal powers that she needs to put a stop to these small boat crossings once and for all?
Priti Patel
My hon. Friend is absolutely right. She will know from the discussions that we had as recently as Friday the extent of the criminality, exposure and abuse undertaken by people traffickers, who are forcing mothers and children on to unseaworthy vessels, and the horrendous circumstances that they are put in. My hon. Friend the Immigration Minister earlier outlined the approach that the Government are taking to tackle these abuses, and to go after the criminals and the facilitators of this crime. We will not stop pursuing this policy until we absolutely break the pathway that these criminal gangs are using.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Priti Patel
When it comes to EU settled status, we are working with local authorities to give them the support that they need. I hope that the hon. Gentleman, and all hon. and right hon. Members across the House, will continue to work in a constructive manner in their constituencies to ensure that children are granted the settled status that they are due.
Saqib Bhatti (Meriden) (Con)
Priti Patel
My hon. Friend is absolutely correct. We strongly support the right to protest peacefully, but that does not extend to the violent behaviour that we have witnessed across the country throughout the weekend. Any assault on our brave police is completely unacceptable. Any perpetrator should be in absolutely no doubt that they will be arrested and prosecuted. Assaults on emergency workers must be handled with the appropriate severity by the entire criminal justice system in a consistent way, and this Government will go even further, as we have committed to consult shortly on doubling the minimum sentence for those who assault emergency workers, in order to ensure that the sentence truly fits the crime.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Priti Patel
The hon. Lady is completely wrong in her categorisation. First, public health measures are available right now, in addition to the fact that this is a public health emergency, so it is wrong to assert that in the way she has done. Also, I have outlined the funds. Working across Government, with the Ministry of Housing, Communities and Local Government, vital funds and resources have been provided to local authorities to provide support to people who need that extra support. That is something the Government are committed to.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I know that we will return to the protest issues in the statement shortly. This evening, there will be a television dramatisation of the terrible injustice inflicted on Anthony Bryan by the UK Home Office during the Windrush scandal. It was a case we raised in the Home Office Select Committee two years ago. Does the Home Secretary agree with the urgency and importance of the Government now accepting and acting on all the recommendations in Wendy Williams’ review? In particular, given the timing of the immigration Bill, has she implemented recommendation 7 on a review of the hostile environment, including its impact on race equality?
Priti Patel
The right hon. Lady will be well aware, from the statement I made in the House earlier this year, that I am looking at all the recommendations in the Windrush lessons learned review and have committed to returning to the House to outline those recommendations and their implementation. It is important for me to say categorically again, on the record, that the review was distressing and many strands in terms of institutional thoughtlessness were applied to the Home Office. Last week—Wednesday, I think—I met again and had a substantive discussion with the Windrush advisory taskforce to look at various facets of the review and to discuss the issues around compensation but also to discuss the measures that do need to continue to be pursued by the Home Office in terms of ways of working. That work is absolutely ongoing. There are cultural changes that need to be brought to the Home Office as well to understand and resolve many of the issues that she as Chair of the Select Committee will be familiar with and which her Select Committee covered two years ago. It is important that we give not just the Department but myself the time to work with Wendy Williams to bring forward those measures so that we can right the wrongs of the past.
Dr Luke Evans (Bosworth) (Con)
Priti Patel
I thank my hon. Friend for his question and for raising a distressing and horrendous case. Too many young lives have been lost to knife crime, which is why we continue with our plans and determination to recruit 20,000 police officers—the Policing Minister has already outlined a way that is working and the funds allocated. Importantly, it is right that we have legislated to take more knives off our streets and that our serious violence Bill will place a new duty on public agencies to reduce serious violence. That means public agencies coming together at a community level to work to stamp out that violence but also to provide the support that young people need in the community to avoid a life of crime and violence and to be protected from these horrible, heinous crimes.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I only wish I could be with you, Mr Speaker, to ask this question to the Home Secretary. She will know that drugs and drug running are at the heart of so much violence when it occurs in our constituencies. There is some good money that she is responsible for—the violence reduction units—and which is very welcome because it enables police forces to have those extra resources, but it is on a yearly basis. My police and crime commissioner and my local police tell me that, in order for that to be effective, it needs to be known that they will have that money for a number of years. Will the Home Secretary move on that and help my community, and communities up and down the country?
Priti Patel
I thank the hon. Gentleman for his question, and also for highlighting some of the most shocking aspects of serious violence. He mentions the violence reduction units, which play a phenomenal role in reducing violent crime at a local level. He also touched on drugs, and particularly county line drugs. A lot of work has been combined, and there are now more resources available to police forces specifically for reducing serious violence and for violence reduction units, but also for rolling up county lines. He will be absolutely cognisant and aware of the work taking place in his constituency with his chief constable and police and crime commissioner to make sure that all those strands come together, to make sure that we can absolutely tackle the scourge of serious violence.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Priti Patel
My hon. Friend is absolutely right. Of course, the rule of law applies to everybody. I particularly commend the work he has led, with his local council colleagues, on working with the chief constable to urge the police and crime commissioner to tackle this scourge. Any crime of this nature blights communities, and communities are disproportionately affected by this.
Tracey Crouch (Chatham and Aylesford) (Con)
Priti Patel
My hon. Friend will be well aware of my comments last week about travel corridors, and specifically international travel corridors. I have been working across Government, with Transport but also the Foreign and Commonwealth Office. The travel advice right now still clearly advises against non-essential travel. However, this is important, and my hon. Friend makes a valid point about insurance companies, refunds and some of the financial responsibilities and liabilities. We are working across Government, as I said to the House not only today but last week, to make sure that all those considerations are actively pursued and discussed. She will hear from other Government colleagues who lead on those policy areas.
Mrs Pauline Latham (Mid Derbyshire) (Con)[V]
Priti Patel
My hon. Friend is absolutely right to highlight that. A great deal of work has taken place with specialist domestic abuse organisations, particularly those that offer bilingual services. A wide-ranging awareness campaign has been launched, the “You are not alone” campaign, which signposts victims to the specific practical support that they need. We have provided £2 million to bolster those services. That is for helplines, and to help organisations to bolster their own technological capacity and provide direct practical skills to ensure that victims remain protected.
Stephen Flynn (Aberdeen South) (SNP)
We learn and understand our history in schools and museums, and we build statues of those whom we deem worthy of our adoration. Does the Secretary of State agree that where there is the democratic desire to do so, statues of white men who enslaved and killed black men, women and children can, and should, be removed from our streets?
Priti Patel
The hon. Gentleman is right to raise this issue. We live in an open democracy and a free society, where we can do as he suggests through democratic means at a local level, with elected mayors and local councillors. Those processes must be maintained so that people can have their voices heard, exercise their democratic rights and freedoms and, importantly, stay within the rule of law.
Lee Rowley (North East Derbyshire) (Con)
Priti Patel
My hon. Friend is absolutely right. We are privileged to live in an open and democratic country with many values entrenched in our constitution and our rules-based system. There is no justification for violence. There are many avenues through which people can exercise their voice and raise their concerns at a local council level. That is the right way to approach these issues.
Mr Speaker
Topical question 16—not here.
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for five minutes.
Speaker's Statement
Mr Speaker
I have a short statement to make about Select Committees. On Tuesday 24 March, the House passed an order allowing for virtual participation in Select Committee meetings and giving Chairs associated powers to make reports. The order has effect until 13 June, but I was given a power under the order to extend it if necessary. Following representations from the Liaison Committee, I can notify the House today that I am extending the order until Thursday 17 September.
Covid-19: R Rate and Lockdown Measures
(3 years, 10 months ago)
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Jonathan Ashworth (Leicester South) (Lab/Co-op)
(Urgent Question): To ask the Secretary of State for Health and Social Care to make a statement on the R value and lockdown.
The Secretary of State for Health and Social Care (Matt Hancock)
Thank you, Mr Speaker, for this opportunity to update the House on progress on our plans for controlling coronavirus.
Thanks to the immense national effort on social distancing, as a country we have made real progress in reducing the number of new infections. As we move out of lockdown, we look at all indicators to assess progress in tackling the virus. Last week’s Office for National Statistics infection survey estimated that the number of people who have had coronavirus in England fell from 139,000 between 3 and 16 May to 53,000 between 17 and 30 May—a drop of over half. In terms of new cases, an ONS estimate released on Friday shows that there are now around 5,600 new cases each day within the community in England: a huge drop since the peak.
The number of new fatalities each day is, thankfully, falling too. Today’s figures record 55 fatalities, the lowest number since 21 March, before lockdown began. They also show that there were no deaths recorded in London hospitals. That is a real milestone for the capital, which, of course, in the early stages of the pandemic, faced the biggest peak. Yesterday, we saw no recorded deaths in Scotland, which is very positive news for us all. Sadly, we expect more fatalities in the future, not least because the figures recorded at the weekend are typically lower. What is more, Mr Speaker, 55 deaths is still 55 too many and hundreds of people are still fighting for their lives. Each death brings just as much sadness as when the figure was much higher in the peak. I know that the thoughts of the whole House are with those families and communities who are grieving for their loved ones.
We, of course, also look at the R rate. The Scientific Advisory Group for Emergencies confirmed on Friday that its estimates, taking into account 10 different models, are that R remains between 0.7 to 0.9, and that it is below 1 in every region of the country. That means the number of new infections is expected to continue to fall. So there are encouraging trends on all critical measures. Coronavirus is in retreat across the land. Our plan is working and those downward trends mean that we can proceed with our plans, but we do so putting caution and safety first.
Even at the peak of the pandemic, we protected the NHS and ensured that it was not overwhelmed. We will not allow a second peak that overwhelms the NHS. We are bearing down on the virus in our communities, aided by our new NHS test and trace system, which is growing every day. We are bearing down on the virus in our communities, aided by our new NHS test and trace system, which is growing every day. We are bearing down on infections in our hospitals, including through the new measures to tackle nosocomial infection, such as face masks for visitors, patients and staff. Finally, we are strengthening protections for our care homes, including by getting tests to all elderly care home residents and staff.
I am glad to be able to tell the House that David Pearson, the eminent social care expert who has previously led the social care body ADASS—the Association of Directors of Adult Social Services—and has decades of experience of leadership in both social care and public health, will be chairing our new social care taskforce to drive our covid action plan yet further. David has an impressive track record and I am delighted that he will be supporting us in leading this important work. Together, we are getting this virus under control and now more than ever we must not lose our resolve.
Jonathan Ashworth
I note what has just been said about the social care taskforce, but may I say that it probably should have been set up some months ago? The Government are easing restrictions, but even when looking at their own tests we know that PPE supplies are still not secured—dentists are warning about PPE today; that tracing is still not fully operational—the chief operating officer of test and trace has warned that it will not be fully operational until September; that testing is still not sufficient—we are still not routinely testing all NHS staff, whether asymptomatic or not, even though we know that such testing will arrest the spread of the virus in hospitals; and that the R value, according to the PHE Cambridge model, is close to 1 in many regions and is at or above 1 in the north-west and the south-west. The modellers of that model warn that that may result in the
“the decline in the national death rate being arrested by mid-June.”
The British people have shown great resilience and fortitude in observing this lockdown and helping to slow the spread of this deadly, horrific virus, but we have still had more than 40,000 deaths. As the Secretary of State said, infections are still running at more than 5,000 a day. We should proceed with caution, but many now fear that the Prime Minister is starting to throw caution to the wind. I therefore wish to put some specific requests to the Secretary of State: will he agree to start publishing, on a weekly basis, the regional R value estimate, alongside the national estimates? Does he agree that the voices of regions must be heard in future decisions about lockdown? Will he start including the various metro Mayors, such as Andy Burnham, in the covid Cobra meetings? Will the Secretary of State ensure, this week, that local authorities and general practitioners start receiving specific data about who has tested positive so that they can start putting in place area-based responses? Will he issue, this week, written guidance on defining what a “local lockdown” is, how it will be enforced and what resources and powers local authorities and agencies will be able to draw upon?
Finally, we know that the more deprived an area is, the higher the covid mortality level. There are pockets of deep deprivation in the north-west and in the south-west, such as in parts of Cornwall. What financial support will be given to those who are asked to isolate? Given that we also know that black, Asian and minority ethnic people are more at risk from covid, will he now publish the PHE report on disparities in full—all the chapters, all the analysis, all the recommendations—because action to protect BAME people, especially BAME health and care staff, must be an urgent priority?
Matt Hancock
Let me make a couple of points in response. First, we have turned around an incredibly difficult situation when the demand for PPE shot up. Thanks to the incredible work of Lord Deighton, we now have good PPE supplies to all sectors. We are working with the dentists to ensure that they, too, will be able to get the PPE they need. The hon. Gentleman talks about testing, but he omitted to mention that we have hit every goal on our testing expansion, and we now have capacity for more than 200,000 tests a day and last week we were achieving that level of testing, which is a testament to the work of so many people, in companies and in the public sector, who have done an incredible piece of work on testing.
He picked on the results of one particular model that we look at, but he surely understands that actually the way to get the best advice is to look at all the different models, rather than just one. I mentioned one other survey, which is based on data rather than modelling—the ONS survey—and I also told him already the SAGE view, taking into account all the evidence, which is that R is below one in each region.
As the hon. Gentleman said, we do publish R. He is quite right about the importance of working with local authorities and local leaders. I spoke to the Mayor of Greater Manchester on Friday about the higher rate of R in the north-west, albeit that it is assessed to be below one. Local leaders are incredibly important in the local action that we will be taking.
The hon. Gentleman asked about local authorities and GPs getting access to data. We are working with them on the appropriate data that should flow to local authorities and GPs. He asked, rightly, for guidance on how local action will work, and that is an important early piece of work for the JBC—the joint biosecurity centre. I am glad he has recognised the importance of the work that Public Health England has done and published on the disparities between people of different ethnic backgrounds and also other differences, for instance the fact that older people are much more likely to die from covid-19. It is very important that we base our response on all this evidence.
Jeremy Hunt (South West Surrey) (Con)
The Prime Minister’s testing turnaround target does not apply to postal tests. Given that the majority of infections can happen less than a week after the person who gives someone the virus develops symptoms, will the Secretary of State consider replacing postal testing with same-day delivery and collection of testing? If it is good enough for Amazon Prime, it should be good enough for NHS test and trace.
Matt Hancock
My right hon. Friend is right to raise this matter, because testing turnaround speeds are very important, and they are improving. The answer is that we are intending increasingly to use the routes that have a 24-hour turnaround for the symptomatic testing, which needs that rapid response, and to use the routes that have a slower turnaround for asymptomatic testing, where the timing of the test is less important. That is the direction of travel, and we intend to solve the problem that he rightly highlights in that way.
Mr Speaker
We now head north of the border to Dr Philippa Whitford, the SNP spokesperson, who has one minute.
Dr Philippa Whitford (Central Ayrshire) (SNP) [V]
The R number is close to one across England and may even be above that in some areas. As the R number reflects lockdown changes made a couple of weeks ago, does the Secretary of State not accept the need to assess the impact of sending people back to work and school before making further changes to lockdown?
With Serco admitting that its tracing system will not be fully operational until September, would the Secretary of State not have been better investing in public health systems instead of a private company with no expertise? Why are the test results from the commercial labs still not being sent to local GPs and public health teams to allow contact tracing? Finally, we all recognise the economic impact of lockdown, but does he not accept that the worst thing for the economy would be a second wave needing a second lockdown?
Matt Hancock
As a clinician, the hon. Lady will recognise that taking into account all the evidence of the rate of transmission is incredibly important, and I think that it is an error and it is wrong and it is beneath the normal standards of her questioning to focus on just one report, rather than on all the reports. I hope that when she speaks to people in Scotland and across the whole country, she will take into account all the evidence, rather than just focus on one report. I urge her to do that, because it is important for the public communications.
The other point I would make is that the NHS test and trace programme is being built at incredible pace. The Prime Minister committed that we would get it up and running for 1 June, and we have delivered that, and that it will be world class, and we will deliver that, but we could not deliver it without the public and private sectors working together. I think the divisiveness that comes through from the other side is a real mistake in these difficult times. Instead, everybody should be working together.
Andy Carter (Warrington South) (Con)
Parents in my constituency have been in touch overnight to say how disappointed they were by a decision taken by local councillors yesterday afternoon not to open primary schools today. Does the Secretary of State agree that local authorities need to look at a number of local factors, not just regional R data for a wider area, when taking important decisions on getting our children back to school?
Matt Hancock
I do, absolutely. It is particularly a mistake to look at just one model rather than the overall assessment of R in each part of the country, which is assessed to be below 1 in each area. With the number of new infections coming down, we can take the plan forward, as we ought to, because the education of children matters, as well, of course, as controlling the virus.
Maria Eagle (Garston and Halewood) (Lab)
The Government have repeatedly said that lockdown will be eased only when the R rate is below 1 and the threat level is coming down. The threat level is still at 4, and as the right hon. Gentleman has said, in the north-west there are some calculations of R that have it above 1. Many of my constituents are really worried about this, yet the Government are accelerating plans to end the lockdown more quickly than they announced they would. Why?
Matt Hancock
We are continuing with the plan that we have, which is cautious, takes a safety-first approach and is based on all the information, not just, as the hon. Lady rightly pointed out, just one part of it. We said we would take the next steps when the five tests have been met, and they have been met. R is below 1, and the other four tests have also been met, which is why we are able to proceed. The evidence that we are increasingly seeing of the number of new cases and, thankfully, fatalities coming down is good news that demonstrates that the plan is working.
Harriett Baldwin (West Worcestershire) (Con)
We are all so grateful to our NHS and careworkers. So many people have made so many difficult sacrifices during this period of lockdown. They are furious to see the lack of social distancing in some of the protests that took place over the weekend and want to know what impact that might have had on the reproduction rate of the virus.
Matt Hancock
I thank my hon. Friend for that question. It is incredibly important that people follow the social distancing rules. Where the demonstrations that we saw over the weekend did not follow the social distancing rules, they risk increasing the spread of the virus. That is the clear scientific evidence. It is a mistake for people to participate in demonstrations that help to spread this vile disease. Instead, we should all be doing our bit to reduce the spread.
Barbara Keeley (Worsley and Eccles South) (Lab) [V]
With the R number above 1 in the north-west in one model, we need action to prevent a second wave of infections and deaths. The Secretary of State has talked about local lockdowns, but will he commit to ensuring that Public Health England supplies more local information on the spread of the virus to assist in that? Will he also tell us whether there will be additional powers and financial support for areas covered by a local lockdown, as called for yesterday by our Greater Manchester Mayor, Andy Burnham?
Matt Hancock
Yes, we hope very much to be able to publish more and more granular, localised information and to work with local leaders to deliver on what is needed to act upon it.
John Redwood (Wokingham) (Con)
Given the Secretary of State’s great success in expanding the number of tests, will we soon have more precise and accurate R figures, along with the other information now accumulated, and is there not a danger, in interpreting back trends, that they are unreliable because of differential test rates?
Matt Hancock
The answer is yes and yes. Survey testing is the most reliable way of assessing the prevalence of the disease and its downward trajectory, because it takes into account a randomised approach to working out where the disease is—much like the opinion polls that we are familiar with in this House—because as testing has gone up, inevitably more cases have been found. It is a good thing that more cases have been found, but we need to know the prevalence, which is best done by surveys.
Kirsten Oswald (East Renfrewshire) (SNP) [V]
The Secretary of State has just spoken about the importance of people following the rules, but it is clear that Dominic Cummings’s rule-breaking trip across England has undermined the little confidence that there was in the UK Government’s public health messaging. Does the Secretary of State appreciate the harm that has been done by the outrageous spin and shape-shifting on this issue, and what will he do to repair the damage?
Matt Hancock
No, I do not think that has anything to do with it. The most important thing is that people follow the social distancing rules, and that should apply even if they have a strong and heartfelt case to make in a public discussion, such as at the weekend.
Stephen Crabb (Preseli Pembrokeshire) (Con)
The success of the Government’s strategy rests, to an enormous extent, on public support and consent for the lockdown measures. What advice is the Secretary of State receiving from his behavioural experts on the viability and sustainability of localised lockdowns? It is a challenging thing to set the country on a path to easing restrictions, but then to dial it back again.
Matt Hancock
Of course it is important to ensure that people are fully informed about the reasons why we may need to take action in a particular local area, and that is an important part of the consideration. Ensuring that local bodies—for instance local directors of public health—are fully engaged, is an important way of doing that. In Wales, where my right hon. Friend has his constituency, that is done through the devolved nations, with their responsibilities locally for public health.
Mary Kelly Foy (City of Durham) (Lab)
The R number is one indicator of infection, but it is only reliable at regional level. Currently, directors of public health tell me that they receive only high-level reports, and that they need more localised information, with data that relate to the number and location of cases, and state when infection occurred. That information is vital to stopping transmission, especially as restrictions are lifted. By what date will that information be made available to local authorities, so as to inform their local outbreak plans?
Jack Brereton (Stoke-on-Trent South) (Con)
Many of my constituents are now sending their children back to school and will soon be returning to work in sectors such as retail. They want confidence that in doing so, they are doing the right thing for their families. Will my right hon. Friend assure my constituents that each step the Government take is based on the advice and on science?
Matt Hancock
Absolutely. Throughout this period we have based our decisions on the science and scientific advice, taking into account all considerations. Scientific advice, for instance from SAGE, is so important, and it is critical that we take into account all the science. That is why it is a mistake for people to pick on one report and focus on that, as opposed to considering all the science in the round.
Ruth Cadbury (Brentford and Isleworth) (Lab)
People living in residential care homes who receive support for learning and other disabilities are at high risk of catching covid. It is good to know that in Hounslow, those living in residential care have not yet contracted covid, but unlike those in settings for older people, they cannot access testing kits. When will the Government ensure that all residential care settings, including those for under-65-year-olds, are able to access testing?
Matt Hancock
The hon. Lady is right to ask that question. On the clinical advice, and indeed the scientific advice that we were just discussing, we introduced whole-home testing for residents and staff to care homes for older people, because older people are 70 times more likely to die from covid-19 than those who are younger, which is a significant age gradient. Now that we have got tests to all eligible care homes for the elderly, we are moving to delivering the same thing for people of working age.
Greg Clark (Tunbridge Wells) (Con)
The Secretary of State is quite right that it is important to protect our older citizens. It is true that older people and workers in care homes are able to get tests, but that is not the case for people who live or work in retirement villages and supported accommodation. Will he intervene to correct that anomaly immediately, so that we can protect all our older and vulnerable people?
Matt Hancock
Yes, of course, that is taken into account in the clinical decision on the order of priority for testing. My right hon Friend makes a very important point that I will ensure is taken away and looked at, to check this for people in those settings outside formal social care, which are often not Care Quality Commission registered but still have a much higher proportion of elderly people who are vulnerable to this disease in them. I will ensure that that is properly looked into and, if I may, I will write to the Chair of the Science and Technology Committee on that point.
Kevin Brennan (Cardiff West) (Lab)
The Secretary of State says that the Government are taking a safety-first approach, and yet Professor John Edmunds has expressed concern that if we relax, the infection will come back very fast. In Wales, there has been a more cautious approach to people being able to travel such long distances, as we saw the weekend before last in Dorset. What will the Secretary of State do if the R number drifts back above 1?
Matt Hancock
I do not want to see the R number go above 1. I spoke to Professor Edmunds at the weekend, as it happens. He said, quite rightly, that a cautious approach is needed, but there is scope to allow some opening up, according to our plan.
Mark Pritchard (The Wrekin) (Con)
Of course, the international R rate matters too. I welcome the Prime Minister hosting the global vaccine summit in the UK last week, which raised an astonishing $88 billion. Given that the UK is the largest contributor to Gavi, the Vaccine Alliance, what support are this Government giving to low-income and developing countries, particularly in the Commonwealth and overseas territories?
Matt Hancock
That is an incredibly important point, because being able to get a vaccine everywhere around the world is incredibly important to us here at home. Of course, our top priority is access to the vaccine for the citizens of this country, but we are also using our aid budget to ensure that, should a vaccine work and become available, we can not only deliver it here but be good global citizens. As my hon. Friend says, we have put more into this than any other country on the planet.
Munira Wilson (Twickenham) (LD)
Professor Edmunds also said yesterday that the R value was largely being driven by outbreaks in care homes and hospitals. Despite the Secretary of State’s statement, we know that there are still some care homes, including in my constituency, where residents and staff have yet to be tested. How can we effectively bring down the R rate without regular testing? Will he commit to regular testing in all care settings, including for the under-65s and those with learning disabilities?
Matt Hancock
The hon. Lady is absolutely right that testing in care homes is important. I am very pleased that my team hit their target of ensuring that all elderly care homes had access to tests by Saturday. Almost 9,000 care homes got kits for all their staff and residents to be tested, and the important thing is that that did not show a huge amount of infections that we did not previously know about. I am delighted that David Pearson—who, it is worth the shadow Secretary of State acknowledging, has been working with us throughout this period—will now be taking a leadership role in driving forward this work to protect our care homes further.
Robbie Moore (Keighley) (Con)
Quite rightly, many of my constituents have contacted me with concerns about mass gatherings and a lack of social distancing, which we unfortunately witnessed in Ilkley last weekend, when many visitors came to enjoy the sunshine. Can my right hon. Friend confirm that the R rate is below 1 in West Yorkshire? Will he consider local lockdown if appropriate, so that we can take action where necessary if we see a flare-up in infections in one part of the country?
Matt Hancock
Yes. I want to protect all the residents of Ilkley from the disease. As we have got the number of new infections right down to between 5,000 and 6,000 each day, according to the ONS—a long way below where it was at the peak—and as the number of deaths has fallen, I want to keep that down. Where there is evidence of a specific cluster or flare-up, we will take local action that will help to protect the residents of Ilkley, elsewhere in Yorkshire and throughout the country, so that we can then safely release other lockdown measures while keeping the community safe.
Liz Twist (Blaydon) (Lab)
Following on nicely from that, what local resources and funding will be put in place for local authorities to deal with local lockdowns where they are needed?
Matt Hancock
We have already allocated £300 million for precisely that task. Making sure that local authorities are properly funded for their important role in local action is of course an important part of the task.
Antony Higginbotham (Burnley) (Con)
The Secretary of State will be aware of the media reports saying that the R rate in the north-west is above 1, which have understandably caused concern to my constituents in Burnley. Can he reassure them and people throughout the north-west not only that the R rate is below 1 in the north-west, but that we have to look at all the evidence, and on that evidence we are still defeating this virus?
Matt Hancock
That is right. I set out some of the evidence in my statement. It is important that we look at the overall base of evidence and take scientific advice on that. There are 10 models that go into SAGE, and it is important that the media reports the facts, which are that if we take into account all the models, R is below 1 in each region of the country, according to SAGE. Of course, different scientific models will come out with different results, and it is right that the scientists should publish and discuss those—that is how science advances—but it is also important that the media play their part responsibly. I reassure the residents of Burnley and elsewhere in the north-west that our overall assessment is that R is below 1 in the north-west and everywhere else in the country. Of course, we keep it closely monitored at all times.
Neil Gray (Airdrie and Shotts) (SNP) [V]
Can the Secretary of State advise whether the R number has been rising or has fallen since the Prime Minister announced, without consultation and with a day’s notice, that people should get back to work in England? Given that some reports suggest that some areas of England have an R number at or close to 1, what consultation has the Secretary of State had with the devolved nations? When will he publish details on what local lockdowns will look like to ensure that the virus is contained?
Matt Hancock
I have already answered all those questions. The estimate from the scientists, taking into account all the evidence, is that R is below 1.
Matt Hancock
The hon. Gentleman may shake his head, but if he asks the same question, he is going to get the same answer.
Andrew Jones (Harrogate and Knaresborough) (Con)
I strongly welcome the progress made with testing in Harrogate and Knaresborough—we have had mobile testing at the council-owned Hydro unit—but we are seeing black, Asian and minority ethnic members of the community being disproportionately impacted in this pandemic. What steps is the Secretary of State undertaking to provide further testing for those who are most vulnerable?
Matt Hancock
The use of the testing capability that we now have, which is one of the biggest in the world and the biggest capability in Europe, means that we can focus the testing where it is most clinically needed. Reports such as the one by PHE on the impact of the disease on different parts of the population, whether that is in respect of age, sex or ethnic background, are incredibly important in making that assessment. Where the clinical judgment is that tests should be used specifically for one group because they have a higher risk, we will follow that clinical judgment.
Geraint Davies (Swansea West) (Lab/Co-op) [V]
Given the varying rates of infection across both England and Wales and the need to isolate covid, will the Secretary of State now adopt the Welsh guidance that people should not normally travel more than five miles from their home, in order to stop people travelling from high-infection areas to low-infection areas and thereby spreading the virus unnecessarily?
Matt Hancock
We talk to the Welsh Government all the time about making sure that the public health matters that are devolved are exercised in as co-ordinated a way as reasonably possible, and I fully respect the Welsh Government’s capability in making these sorts of assessments for Wales.
Darren Henry (Broxtowe) (Con)
Can my right hon. Friend assure me that steps to ease lockdown will be taken cautiously and carefully so that we can examine the effect on our R rate in different parts of the country before proceeding?
Matt Hancock
My hon. Friend is absolutely right to raise this question. Of course, we proceed cautiously. That is why we take steps in turn to see the effect. The good news is that the evidence thus far is that the steps we have taken have coincided with a continued reduction in the incidence of the virus. That is why it is safe to proceed on the plan that we have set out.
Clive Efford (Eltham) (Lab)
How can it be that, when we are coming out of lockdown and starting to relax some of the restrictions, local authorities do not know what they are expected to do in the event of a local outbreak and they do not know what powers they are to be given? How can it be that the Government can say only that they will tell them when it is practicably possible?
Matt Hancock
I am afraid that I do not recognise that picture at all. The local directors of public health have been heavily engaged in addressing local outbreaks throughout this pandemic. In the past few weeks, for instance, there have been outbreaks locally that have then been addressed, with a leadership role played locally by the local director of public health. Perhaps the hon. Gentleman was not listening to the answer given to one of his hon. Friends that we have also put £300 million into local authorities to assist them to make sure that they have that capability on the ground.
Steve Brine (Winchester) (Con)
The work that PHE has done with Cambridge to understand the R rate at a regional level is very welcome. It might yet, of course, prove invaluable if needed. Can my right hon. Friend say how local is realistically possible? I think that I am right in saying that we could not hone in on Winchester, as an example, if we needed to stamp on an outbreak. Would other factors come into play, such as how effective an area was on the test and trace programme, for instance?
Matt Hancock
Yes, absolutely. As I tried to say in my opening statement, R is one of many measures that we need to look at. The number of new infections—the level of new infections as opposed to the rate of change—is also important and more directly measurable both through test results and through the surveys that we discussed earlier. Of course, the surveys, the number of test results in particular and the number of people presenting for testing, which we get from the test and trace programme, are much more granular local data that can give us a view of local outbreaks. If there is evidence of a local outbreak, then symptomatic testing can be done in that community in order to find out how serious the problem is locally, so a whole suite of tools are at our disposal.
Jim Shannon (Strangford) (DUP)
Does the Secretary of State not agree that, while the Kingdom of Great Britain and Northern Ireland must move forward together, regional variation of the R number will mean differentiation? What discussions or input will the Secretary of State and Government have with regional authorities to ensure that there is UK-wide understanding, and will all R numbers be calculated using the same scientific criteria?
Matt Hancock
The answer to the hon. Gentleman’s last question is, emphatically, yes. I have regular discussions and exchanges both with the First Minister in Northern Ireland and also with my opposite number Robin Swann. We work to ensure that the response to this virus across the whole United Kingdom is as closely aligned as it reasonably can be respecting the different impacts of the disease in different parts. Thankfully, the impact of the disease in Northern Ireland has been less than in the rest of the country, and long may it remain so.
Sir Graham Brady (Altrincham and Sale West) (Con)
What assessment has my right hon. Friend made of the progress in countries that are operating social distancing at 1.5 metres or 1 metre, and when does he think that we may have a review of those measures in this country?
Matt Hancock
That is constantly kept under review. In fact, I was reading some of the most recent science on this over the weekend. The interaction of the distance put in place and the other measures, for instance, on mask wearing and ventilation in particular, are what matters for the progress of the disease. The problem is not whether the rule is 2 metres or any different distance but that the virus transmits especially face to face—less so if people are side to side or back to back—in close quarters. Of course, being outside helps as well.
Wendy Chamberlain (North East Fife) (LD)
I welcome today’s news from the Scottish Government that we have just had a second day in Scotland of no additional deaths from coronavirus, but I am concerned about the level of testing, particularly in a community setting, where it is nowhere near capacity. If we cannot have comprehensive testing, how can we have confidence in the R number? So how is the Secretary of State working with the Scottish Government to ensure that all the testing capacity, including in drive-through centres, is in use?
Matt Hancock
Absolutely; I work closely with the Scottish Government to do everything we can so that they can increase their testing capacity. Part of the testing programme, as the hon. Lady mentioned, is the drive-through centres. That is essentially UK-wide, likewise the postal testing services, and then the hospital-based testing is run, of course, by the Scottish NHS and is therefore devolved. This requires a higher level of co-ordination. Across the UK, in England we have the highest level of testing and we do everything possible to help the Scottish Government to get their testing capacity up.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
No new deaths in Scotland, no new deaths in Northern Ireland, and no new deaths in London hospitals: while I agree with my right hon. Friend that even one death from coronavirus is one too many, does he not agree that this is evidence that the whole-UK approach and the measures adopted across the entire United Kingdom at the beginning of this virus are working, and that this is reason to be hugely positive?
Matt Hancock
My hon. Friend is absolutely right that there has been very encouraging progress, and all the significant data point in the same direction, which is downwards. That is incredibly important. It is a testament to the efforts of everybody across the whole United Kingdom, because everybody has played their part in the social distancing. The more that we do this as one United Kingdom, the better. Of course there are sometimes substantive reasons for local variation—sometimes, for instance, north of the border—but ultimately this country is coming through this and we are winning the battle against this disease.
Rachael Maskell (York Central) (Lab/Co-op)
Local directors of public health need comprehensive, granulated data in order to do their job. Currently there are holes in the data that they are receiving, particularly on testing, in order to then follow through on tracing. So when—not “soon”, but when—will they actually receive that comprehensive data, together with the local R value, in order to then keep our communities safe?
Matt Hancock
They get data now, we want them to get better data, and we will keep improving the data flows. It is as simple as that.
Stephen Metcalfe (South Basildon and East Thurrock) (Con) [V]
As we control the R rate and move forward, may I welcome the steps that are being taken to reduce restrictions for the most vulnerable in society? Will my right hon. Friend confirm that these steps are being taken in line with scientific advice and in the safest way possible?
Matt Hancock
Yes, that is absolutely right. I pay tribute to my hon. Friend, who makes the case for the evidence being the basis of policy and following and being guided by the science, as we have done throughout this crisis. He makes the case very eloquently. It is very important, because that is the best way that we can get the best possible response in what are inevitably very difficult circumstances.
Richard Thomson (Gordon) (SNP) [V]
We know that the Secretary of State does not want to see the R rate rise above 1—none of us does—but the high-profile recent mixed messages that have come from his Government might well lead to that happening anyway. In those circumstances, is he prepared, if necessary, to reintroduce restrictions on movement and activity, and will he do whatever it takes to persuade the Chancellor to continue with financial support to the employed and self-employed for so long as it is necessary?
Matt Hancock
I am very grateful to the hon. Gentleman for that question and for the manner in which he asks it. We have always said that we are prepared to reintroduce measures if that is necessary. He has already seen from the Chancellor one of the most generous packages of support in the world for people dealing with and coping with the consequences—in some cases incredibly difficult and painful consequences—of this disease.
Greg Smith (Buckingham) (Con)
As my right hon. Friend works with medical and scientific advisers to lift lockdown measures cautiously, what hope can he give the millions of grandparents in this country that they too may soon be able to play a full role in their grandchildren’s lives, in particular those who engage in childcare to enable parents to go to work?
Matt Hancock
Like anybody who has a heart, I yearn for grandparents to be able to see their grandchildren. My own children saw their grandmother at a social distance, appropriately, rigorously according to the rules, for the first time this weekend, and it was a real joy—the first time in months and months—but they have not seen their other grandparents, and of course they are not allowed to hug them yet. I am with my hon. Friend and no doubt you, Mr Speaker, and everybody else in this House in wanting to see a restoration of that basic human contact for which we all yearn.
Andrew Gwynne (Denton and Reddish) (Lab) [V]
The concern over the R rate in Greater Manchester on one measure has focused attention on possible local lockdowns, which would have a financial impact on people who are unable to work from home. In those circumstances, will the Government consider a form of local furlough for people whose workplaces are closed down or who are unable to get to work?
Matt Hancock
I am sure that Treasury Ministers will have heard the hon. Gentleman’s suggestion, but we do not need such a scheme now, of course, because the full furlough scheme is in operation nationally.
Jason McCartney (Colne Valley) (Con)
We know the significance of the R rate being 1, but what level does the R rate have to get to, and for how long, for the Government to initiate a response and bring restrictions back; then, what does it need to be reduced to, and for how long, before the new restrictions are removed?
Matt Hancock
The reason having the R below 1 is important is that that is the rate at which the number of new infections continues to fall. When R is below 1, the question is how fast it is falling. The number of new transmissions for each person who has the virus is currently, on average, less than one, so R is below 1 and therefore the number of infections is falling. We do not have a specific figure or target for R; we just want to keep it below 1 and we want to keep the number of new infections falling. Our response in the first instance to new outbreaks will be the local action we have been talking about for much of this session, and that is greatly to be preferred to a reinvigoration of the need for national lockdown.
Mr Ben Bradshaw (Exeter) (Lab)
If it is not because we locked down too late or because of any of the Government’s other blunders, why does the Secretary of State think we have the highest excess death rate in the world?
Matt Hancock
I am not sure which evidence the right hon. Gentleman is pointing to, but I would be happy to talk to him afterwards.
Scott Benton (Blackpool South) (Con)
The circulation of an unofficial R rate of 1.6 for Blackpool, and the publication of this by the local press, created a great deal of alarm in my constituency. The fact that the figure was adjusted to 0.5 only days later just demonstrates the difficulties with believing unofficial statistics and taking them out of context. Will my right hon. Friend confirm that R rate figures are accurate only at regional level, and does he agree that the media have an obligation to report data accurately and within context, to make sure that members of the public are properly informed?
Matt Hancock
Yes, I do. My hon. Friend makes the point extremely strongly, and the people of Blackpool should be proud that they elected him December. He makes the case very clearly, and what he says is true in the example he cites, of Blackpool, and in the wider north-west. I am sure you feel, Mr Speaker, that a single report should not be taken out of context and that all the science should be looked at. Members in all parts of the House should respect that if they really want to respect the science.
Dave Doogan (Angus) (SNP) [V]
The Secretary of State has made very clear the importance of co-operation between the various health directorates in all four nations of the United Kingdom. I think we all welcome that, but we also need to see co-operation in other Government Departments. What discussions has he had with his Treasury colleagues about the need to vary furlough to different degrees across the United Kingdom when we come out of lockdown at different rates?
Matt Hancock
One of the reasons why it is valuable to move together as one single country is that we have one overall economy and economic policy is for the whole country. That is one of the very many reasons why we are stronger together. It is important that the Scottish Government take that into account when they make their judgments on what is best for Scotland.
Caroline Ansell (Eastbourne) (Con)
I am very pleased to say that my home constituency of Eastbourne has a low incidence of infection, but it has a high number of care homes and a high number of residents who have been shielding. Equally, it is a tourist destination. With lockdown easing, what reassurances can my right hon. Friend give us that we are moving forward safely?
Matt Hancock
It is important that those engaged in the tourism industry follow the guidance on social distancing as carefully as possible. They should always follow those rules and ensure that social distancing is in place. As we manage to open things at the right pace—cautiously and safely—in due course, it is incumbent on industries such as the tourism industry to ensure that they follow the guidelines. The proposed next step, subject to formal confirmation, is the opening of non-essential retail. Non-essential retailers will have to follow clear guidelines about ensuring that their shops are safe and that they do not add to the spread of the disease. If we are able to take further steps after that, it is so important that a whole industry, such as the tourism industry, helps everybody to help it by following those sorts of rules.
Daisy Cooper (St Albans) (LD)
I have received a letter from a little boy called Charlie, who is clinically extremely vulnerable and has been shielding with his family for about 11 weeks. He wants to know why non-vulnerable people can be allowed to have unlimited exercise wherever and whenever they want, while people who are still shielding feel trapped in their own homes without even 30 minutes to go outside. Now that we have stopped clapping for carers, would the Secretary of State agree that, for just once a day, we could stay home for shielders?
Matt Hancock
The hon. Lady asks an important question. We did make a change to the guidance, in order to recommend going outside. I know that some people were very worried about doing that, but it is safe to do so safely—by staying 2 metres away from others. Let me say this to all those who are shielding: the shielding guidelines are there for your own protection; you are particularly at risk if you catch the disease and these are the guidelines for how you can stay safe. We appreciate that the guidelines have a significant impact on those who are shielding, and are always looking at what we can do to make the lives of those who are shielding better and to improve the guidance.
Theresa Villiers (Chipping Barnet) (Con)
May I urge the Government to follow the lead of other European countries and move to a 1 metre social distancing rule? That is the only way that we are going to save millions of jobs in hospitality over the next few months.
Matt Hancock
We always keep these things under review. The challenge is that being 1 metre apart, face to face, means that there is a much greater chance of transmission of the disease than at a further distance.
Afzal Khan (Manchester, Gorton) (Lab) [V]
Many of my constituents were deeply concerned to read about the high R rate in the north-west. In the same week, they were told to send their children back to school. Has the Secretary of State made any assessment of the impact of reopening schools on the R rate in the north-west?
Matt Hancock
Yes, and I have reconfirmed this with the chief medical officer. It is safe to take the steps that we have recommended to open schools for reception year, year 1 and year 6 right across the country. I am glad to be able to reassure the hon. Gentleman—I hope that he can then reassure his constituents and others across the north-west—that the assessment of SAGE, taking into account all the evidence, is that R is below 1 in all regions.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
May I remind the House that this week is Carers Week? Will my right hon. Friend assure me that SAGE, when providing advice to Ministers, looked at a rage of information to ensure that it is presenting an overall view, and that its belief is that the R rate is below 1 in all regions?
Matt Hancock
Yes, that is absolutely right. It is just so important that we take into account all of the evidence and all of the studies that are published, and not just strongly focus on one.
Chris Bryant (Rhondda) (Lab)
Some of the people who have had the toughest time during these months are the people who work in care homes. They have had to deal with things they never thought they would have to deal with, including keeping family members apart from the people they have been looking after, even when they are dying. In Wales, the Welsh Government have decided to give everybody working in a care home, including chefs and ancillary workers, £500 as a bonus. May I please ask the Secretary of State to try to make sure that the Chancellor of the Exchequer does not tax it?
Matt Hancock
I will talk to the Chancellor about that. It is obviously a question for a Department other than mine.
Mr William Wragg (Hazel Grove) (Con)
It is essential that the spread of covid-19 is understood in different settings, such as hospitals and care homes, so will my right hon. Friend confirm that the R rate can be unduly distorted at a regional level by these figures and that local lockdown measures should be used very carefully?
Matt Hancock
In the first instance, where we have taken local action, it can often be in a care home or in a hospital. That would be the action that is needed, and it has been successful, in many cases, in ensuring that an outbreak where we see a rise in the number of new cases does not then transmit into the community. So in the first instance, local action is very local: it is in a single hospital or in a care home. I think understanding that as the starting point for local action is important in thinking about how we take this forward.
Stephen Flynn (Aberdeen South) (SNP)
We have already heard about the good news from Scotland, where we have gone two days without a death, but we do need to be careful and also mindful of the fact that the R rate may increase in the future; indeed, others in the Chamber have concerns for their areas. Can the Secretary of State give a commitment that if the R rate does rise and the lockdown needs to be reimplemented, he will make every effort to ensure that the Chancellor makes sure that businesses, employees and the self-employed receive the financial support they deserve?
Matt Hancock
The hon. Gentleman asks an extremely reasonable question, and I hope that he sees that the Government have been incredibly front-foot about ensuring that that sort of provision is available and has been available right from the start of this crisis. We have one of the most generous schemes in the world.
Robert Courts (Witney) (Con)
I, too, would like to pay tribute to all the many carers throughout the country—people who are just relatives, but who are looking after someone through love and are unpaid for that. Because they do not see themselves as carers, they often do not have the information that they might otherwise need. Will my right hon. Friend see if there is anything more he can do to work with colleagues in councils and of course the relevant Departments to ensure that those carers have access to everything they need, because carers are a massively important part of making sure that the R rate is controlled?
Matt Hancock
Yes. I think the whole House will join me and my hon. Friend in thanking all carers, paid and unpaid, in this Carers Week. This Carers Week is so different from normal because of what has happened during coronavirus. One of the things we have seen during coronavirus is that people have got together to celebrate and thank our carers right across the board. He is absolutely right to raise the point that he does, and I will certainly look into it.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Ind) [V]
No one wants to see the R number go above 1; hence the robust questioning the Secretary of State is facing. This weekend, the Government’s incongruous messaging continued. SAGE member John Edmunds told Andrew Marr that the decision not to lock down earlier had cost a lot of lives. Later in the show, the Secretary of State dismissed this view in the face of Channel 4’s “Dispatches” programme and the growing number of scientific experts who are warning that the Government’s premature relaxation of lockdown could see a significant second wave of infection. If the Government are no longer following the science provided by their own advisers, whose advice are they following?
Matt Hancock
I am afraid that the hon. Gentleman has misquoted Professor Edmunds, and I think he should go and look at what was actually said.
Joy Morrissey (Beaconsfield) (Con)
Will my right hon. Friend join me in praising the carers in Beaconsfield for their tireless work? Can he confirm that the only reason we are now able to consider local lockdowns is because of our testing capabilities, along with NHS test and trace, which are helping to build a more accurate picture of what is going on in different parts of the country?
Matt Hancock
Yes, I would like to thank the carers of Beaconsfield for the work they have done through this crisis and before. I tell them that the value and esteem with which we hold them is so high and we are so grateful for what they do. My hon. Friend is right that you simply could not have a localised approach, and therefore the safety of reducing safely and cautiously the overall lockdown measures, without a significant testing capacity. Thanks to the teamwork of the NHS, Public Health England and many, many private companies, we have built the largest coronavirus testing capacity in Europe from almost nothing. It is a testament to so many people, to the team effort and to the way the country has rallied behind that need.
Mr Speaker
In order to allow safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for five minutes.
Public Order
(3 years, 10 months ago)
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Madam Deputy Speaker (Dame Eleanor Laing)
Order. It seems to me that there might be too many Members in places in the House where they are not properly distanced. Could they please not be there? Thank you. We now come to the statement by the Home Secretary. I call Priti Patel.
The Secretary of State for the Home Department (Priti Patel)
With permission, Madam Deputy Speaker, I would like to make a statement on public order. Like all Members of this House, I was sickened at George Floyd’s tragic death. His treatment at the hands of the United States police was appalling and speaks to the sense of injustice experienced by minority communities around the world. I fully appreciate the strength of feeling over his senseless killing, the inequality that black people can sadly still face, and the deep-seated desire for change. I know that it is that sense of injustice that has driven people to take to the UK streets to protest.
This Government are clear that racism and discrimination in any form have no place in our society, and we will do whatever is required to eradicate it. Of course there is more we can do. There is more that we should all do to combat inequalities across society, to support those seeking social justice and better life chances and to offer hope, but all too often, too many are confronted by despair. It is right in any democracy, in an open and free society, that we advance these issues in a constructive, sensitive and responsible way.
The Government understand the importance of the right to protest. In normal circumstances, a large and peaceful protest would not be of concern to the authorities, because we live in a great country where our right to protest and to have our voice heard is integral to our fundamental democratic freedoms. The right to come together and express our views peacefully remains one of the cornerstones of our great democracy. Members across the House share an enduring commitment to uphold liberty and freedom of expression, on the basis of respecting the rule of law. As our nation battles coronavirus, however, these are not normal circumstances, so to protect us all and to stop the spread of this deadly disease, any large gatherings of people are currently unlawful. We cannot afford to forget that we are still in the grip of an unprecedented national health emergency that has tragically claimed more than 40,000 lives, so the severe public health risk forces me to continue to urge the public not to attend future protests. The Government’s scientific and medically led advice remains clear and consistent. No matter how important the cause, protesting in large numbers at this exceptional time is illegal, and doing so puts everyone’s lives at risk.
Let me turn to an operational update. Around 200 protests took place across the country over the weekend, attended by over 100,000 people. As many as 137,500 people have now attended Black Lives Matter protests across the UK. While the majority were peaceful, a lawless minority of protesters have regrettably turned to violence. The worst violence flared in London on Saturday evening, with missiles and flares being thrown at police officers outside Downing Street. Officers in protective equipment were deployed to arrest the culprits and to clear the area. At least 35 officers have now been injured during the protests in the capital. I salute their bravery and wish them a swift recovery. The thugs and criminals responsible are already being brought to justice. This is a fluid situation, but as of this morning the total number of arrests stood at 135.
As the ugly tally of officer assaults shows, some protestors, regrettably, turned to violence and abusive behaviour at the weekend. This hooliganism is utterly indefensible; there is no justification for it. There is no excuse for pelting flares at brave officers, throwing bikes at police horses, attempting to disrespect the Cenotaph or vandalising the statue of Winston Churchill, one of the greatest protectors of our freedoms who has ever lived. It is not for mobs to tear down statues and cause criminal damage in our streets, and it is not acceptable for thugs to racially abuse black police officers for doing their jobs. The criminals responsible for these unlawful and reckless acts are betraying the very cause they purport to serve. These protests are about injustice, but by attacking our courageous police they are acting in a wholly unjust way.
When I became Home Secretary, I vowed to back the police. I said that I would stand with the brave men and women of our police and security services, and against the criminals. I stand by that today, proudly and without apology, because, as we saw at the weekend, we ask our frontline police officers to do the most difficult of jobs: to run towards danger to ensure that we are not in danger; to put their own lives on the line to protect the public; and to uphold the rule of law and the rights of individuals against the disorder that we have seen in recent days. By doing that, the police in our country give us all the very security we need to live our lives as we choose.
That is an essential part of our freedom, because violence, disorder and crime blight communities and society as a whole. So the police need to know that they have a Prime Minister, a Home Secretary and a Government who stand with them and will give them the tools, powers and resources they need to keep us safe—and they do. Police funding has had its biggest uplift in a decade, increasing by more than £1 billion, and we are recruiting an additional 20,000 police officers to keep our streets and our country safe. They will have my full support in upholding the rule of law, and in tackling violence, vandalism and disorderly criminal behaviour. I could not be clearer: I want to see the violent minority responsible arrested and brought to justice.
I agree with the many peaceful protestors that racism has absolutely no place in our society. Black lives matter, but police brutality in the United States is no excuse for the violence against our brave police officers at home. So to the quiet law-abiding majority who are appalled by this violence and who have continued to live their lives within the rules, I say: “I hear you.” To the police, who have been subject to the most dreadful abuse, I say: “You have my full backing as you act proportionately, fairly and courageously to maintain law and order.” And to the criminal minority who have subverted this cause with their thuggery, I simply say this: “Your behaviour is shameful and you will face justice.” I commend this statement to the House.
Nick Thomas-Symonds (Torfaen) (Lab)
I thank the Home Secretary for her statement and for advance sight of it. Like everyone in the House, I was appalled by the killing of George Floyd. His fateful words, “I can’t breathe” not only haunt us, but have become a catalyst for people across America and the world to say that the racism that continues to shame everyday life must stop. People in our communities with lived experiences and family legacies of the prejudice that black people in the United Kingdom face have bravely stepped forward. I want to be absolutely clear: I hear you and, not that it should need saying, black lives matter.
Words are important, but we cannot allow this moment of global demand for justice to pass without action: we on the Labour Benches will be at the forefront of calls for change. What is never a solution, though, is violence or vandalism. The vast majority of protestors are peaceful, but some of the actions we have seen from a minority are unacceptable. I condemn those who have attacked the police, and I pay tribute to the police officers who put themselves in harm’s way over the weekend. I hope the Home Secretary will update us on the condition of the 27 injured officers, including one in hospital, and the injured protester. When it comes to the statue of Edward Colston, I do not condone an act of criminal damage to remove it, but I will not miss a public statue of a slave trader. It should have been taken down many years ago.
At a time when politicians and public health experts are rightly stressing the need for caution around protests given the risk of coronavirus—I stress that again today—and the importance of social distancing, the imperative on those in power is all the greater to show that they have listened and that they understand the scale of the anger and the desire for meaningful action. At moments like this, it is for our leaders to unite communities, heal divisions and confront the injustices in our society.
Public Health England recently published its report on the disparities in the risk and outcomes of covid-19, showing that black males are four times more likely than expected to die with covid-19. The recommendations of that report need to be made public now. Coronavirus has shone a light on inequalities that have long existed. The damning findings of the Wendy Williams Windrush review need to be heeded and its recommendations acted upon. The Home Secretary said earlier that she was looking at them, but she urgently needs to come to the House and tell us the action she is taking.
My right hon. Friend the Member for Tottenham (Mr Lammy) produced a report in September 2017 on the treatment of and outcomes for black, Asian and minority ethnic people from first point of contact with the police and then throughout the criminal justice system. It showed that black people make up around 3% of the general population but accounted for 12% of adult prisoners and more than 20% of children in custody. Those shameful statistics matter, and the Government should implement the report’s recommendations in full. In recent days, we have heard powerful testimonies from so many people on how racism continues to have an impact on daily lives in our country. Does the Home Secretary agree that now is not the moment for divisive rhetoric? Instead, this is a time for the Government to listen, to learn and to act.
Priti Patel
I thank the hon. Gentleman for his thoughtful comments and his considered response not only to my statement but to the appalling events that we have seen, and the violence in particular. He is absolutely right about the processes around the removal of the statue and the violence that was associated with it. We live in an open society and in a democracy. We have the means and mechanisms to bring statues down and to change society in the way we wish.
The hon. Gentleman is right about peaceful protest, which remains an important part of society and the way in which we have our voices heard—the way in which we come together to combat the inequalities across society, to give service to those communities who sometimes feel that they have no voice and to find ways to bring together the aspects that can help to change lives and bring social justice together, rather than causing divisiveness in the way that was alluded to.
The hon. Gentleman referred to a number of points, some of which were aired during oral questions. When it comes to the Windrush review, I could not have been clearer: I will return to this House to talk about the recommendations within the context of inequality and many of the criticisms that were levelled at the Home Office over a substantial period. It is right that we do that.
The hon. Gentleman spoke about health inequalities, life chances and the lack of opportunities—particularly for the black community—as well as violence and the criminal justice system. These are issues that we have to tackle together to understand the root causes and societal causes but also, importantly, to provide the right solutions and the right support to the community across the country.
I echo the hon. Gentleman’s words about our police officers, in particular the injured officers, who have sustained the most appalling injuries. I spoke to the Metropolitan Police Commissioner this morning and heard from her that the officers are recovering. They have sustained some awful, horrendous injuries, including a punctured lung and, where the bike was thrown at the horse, a broken collarbone. I wish all the officers a swift and good recovery. That type of behaviour is thoroughly unacceptable and is exactly what we never want to see again on our streets.
When it comes to coronavirus, our police continue to operate by consent and ensuring community engagement, which is at the heart of policing by consent in the United Kingdom. They have the support of the communities within which they operate and work with the organisers. However, the police and the Metropolitan Police Commissioner have been absolutely clear that, with the protests that we saw over the weekend, there were no community organisers to engage with. I made a plea on Saturday and urged all the community organisers behind the protests to engage with the police, so that people could protest safely and prevent the spread of the virus, and also violence and disorder could be prevented from taking place. Sadly, that did not happen. Going forward, we must work together collectively to prevent acts of violence and thuggery of the kind that we saw at the weekend and ensure that people who want their voices heard can find the right ways of doing that without necessarily coming on to the streets and protesting.
Bim Afolami (Hitchin and Harpenden) (Con)
Does the Home Secretary agree that the best way to ensure that black lives matter is peaceful protest and working to improve social justice and economic opportunities for black people and other ethnic minorities, not the lawless, senseless violence of a small minority or defacing war memorials and public monuments, which can undermine the whole message and, indeed, the Black Lives Matter movement as a whole?
Priti Patel
My hon. Friend is absolutely right. When it comes to inequalities and the injustice that has been shown and felt throughout the black community in particular, there is no doubt that racism and discrimination in any shape or form have no place at all in our country and society. That is why it is important that we work collectively to address injustice, secure social justice for the communities in question and combat inequalities across all of society, and also, importantly, improve people’s life chances, opportunity and hope, which we should all be united on.
Joanna Cherry (Edinburgh South West) (SNP)
May I thank the Home Secretary for advance sight of her statement? I extend my best wishes for a full recovery to all the police officers who suffered injury during the trouble in London and pay tribute to their brave service. I also unreservedly condemn the violence and disorder that took place. However, it is important that we do not let a minority distract us from the legitimate concerns of the Black Lives Matter movement.
The desire to take to the streets to protest is understandable, and one thing that I hope we share across the House is a cherishing of our freedom of speech, freedom of expression and freedom of assembly. The right to protest peacefully is a fundamental part of those rights. However, we are in the midst of a public health crisis. Having regard to that, the Justice Secretary in Scotland, Humza Yousaf, joined prominent anti-racism activists to urge people in Scotland to plan protests against racial injustice in a way that safeguards them and the wider public from the ongoing threat from covid-19. Protests went ahead in Glasgow and Edinburgh, but I am pleased to say that they were peaceful, and I know that the organisers and participants tried hard to maintain social distancing.
Does the Home Secretary agree that it is important that we do not let the minority who engaged in violent disorder detract from the legitimacy of the concerns of the protesters and the Black Lives Matter movement?
Does she also agree it is important that all those in public life are careful not to do or say anything that might polarise the situation, as Trump has done in America? Finally, will she use this opportunity to make a clear commitment to review all Government policies where there is evidence that they impact adversely on BAME communities? For instance, evidence shows that the no recourse to public funds policy, to which I referred earlier, clearly discriminates against black, Asian and minority ethnic communities. Will she commit not just to bringing back the Windrush report to this House, but to implementing the recommendations in that lessons learned review?
Priti Patel
I thank the hon. and learned Lady for her remarks and her support for police officers, while also respecting the right to protest in a safe, sensible, and proportionate way, as we are in this public health emergency. It is important to labour the point that these protests are about injustice. It is right that we come together to find the right way, collectively, to tackle those injustices, fight for social justice, and deliver social justice for black, Asian and minority ethnic communities. As we have seen on our streets, however, by attacking our courageous police a small minority of individuals have acted in a wholly unjust way. The hon. and learned Lady mentioned the events in America, and it is dreadful, utterly heart-wrenching, and sad to see the level of protests there as well. As we saw over the weekend, a small minority of people are subverting the cause that people are protesting about.
We will continue to fight to solve inequalities and injustices. Earlier the hon. and learned Lady mentioned the policy of no recourse to public funds, as well as the Wendy Williams review and report. She also mentioned health inequalities, particularly for black and minority ethnic communities, and it was right for the Government to address that issue in the House last week. We must collectively come together. The Minister for Equalities is looking at this issue right now, and we must find an integral, overall approach across Government, with combined policies, not just one, to look at how we can serve those communities better, and address many of the inequalities that have been brought to light over recent weeks.
Dr Matthew Offord (Hendon) (Con) [V]
We all agree there is injustice in the world, but does the Home Secretary agree with many of my constituents that images of demonstrators throwing bikes at police officers, aiming fireworks at horses, and racially abusing other people, are simply unacceptable? The irony is that public sector workers have recently been applauded, yet now those same people are being put at risk of physical harm through both violence and a pandemic. Will she take every possible step, including with the co-operation and agreement of the Mayor of London, to prevent any further demonstrations during the period of pandemic?
Priti Patel
My hon. Friend has made important points. I have already made my view abundantly clear about how unacceptable the violence was that we witnessed on the streets, and the assaults on police officers. Hon. Members will understand that operational decisions on policing come under the operational independence of chief constables, and the Commissioner of Police in London. Police and crime commissioners also have responsibility for the totality of policing in their force area.
For future protests, it is the responsibility of the Mayor of London to ensure that when it comes to policing, protests in particular do not manifest in the way they have done. He has a duty to communicate to Londoners that they should express their own views in a right and proportionate way, by sticking to the regulations that have been outlined by the Government. I made my views clear over the weekend, as did the Secretary of State for Health and Social Care: we do not want to see these protests take place. We are in the midst of a health pandemic, and by gathering in such a way, people’s lives are being put at risk. That does not help anybody; that will not stop the spread of the virus or protect the NHS. The Mayor of London has an important role to play right now, and I urge him to step up and do exactly that.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I join all the Front Benchers in sending support and best wishes to all the police officers who have been injured, and in their strong sense that violence by a minority is always unacceptable and helps no one. There is a responsibility on us all to ensure that this does not prevent us from coming together to respond to the strong demands for action against racism and injustice across the country.
In that spirit, the Home Secretary will know that the Home Affairs Committee is conducting an inquiry into policing, two decades on from the Macpherson report. Next week, we will look at reports that covid-19 enforcement fines may have been disproportionately applied to BME communities. Has she looked at that, and what has she found? Will she provide for the Committee a list of all the practical steps that she and the Home Office are now taking to tackle injustice and racism?
Priti Patel
I thank the right hon. Lady for her questions and for her work on this matter with the Home Affairs Committee. I will absolutely provide the Committee with the information she asks for. I look forward to working with her to outline the practical steps and measures, particularly around fixed penalty notices and enforcement issues throughout the coronavirus crisis, and to address many policing issues 20 years on since the Macpherson report. I know from all the conversations I have had with the Met police commissioner —not only over recent days but over several months now—that when it comes to diversifying London’s police force and all our police forces, we must make sure that we do everything within our power to address cultural issues, improve training and do more when it comes to recruitment. We must also ensure that all officers, across the country and in London, understand that they serve the communities in which they police and understand the communities of which they are members.
Madam Deputy Speaker (Dame Eleanor Laing)
The House is grateful to the Home Secretary for taking the trouble to answer in great detail all the questions that have so far have been asked, but now that quite a few questions have been asked, we will have to speed up a bit, to try to get everyone in. I make no criticism—these are sensitive matters and need to be dealt with in full—but perhaps now we can go rather faster.
Robin Millar (Aberconwy) (Con)
I am pleased to say that in north Wales the protests passed off peacefully over the weekend. Does the Home Secretary agree that we have a tradition of effective, peaceful protest in this country, and can she reassure us that those who perpetrated acts of violence or criminal damage over the weekend will be brought to justice?
Priti Patel
My hon. Friend is absolutely right, and I give my thanks to his local police force and the officers that policed the protest at the weekend. He is absolutely right: we want to ensure that swift justice occurs, sending a clear message to the perpetrators of serious violence that we do not want to see a repeat of it.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
Vandalism and violence should never be accepted. I too pay tribute to the hard-working officers who have been on the frontline, including officers from my borough of Lambeth, who are often the first to be called whenever there is a protest because of our proximity to central London. Does the Home Secretary actually understand the anger and frustration felt by so many people? Does the Home Secretary recognise that this protest is being led by young people? Does the Home Secretary recognise that there is structural inequality, discrimination and racism in our country? Does the Home Secretary recognise that people want to see action from the Government?
My son turned three yesterday. I do not want to have to wait until he is a teenager before we see changes in this country. Will the Home Secretary and the Government act now? Black lives matter, and we need to see the Government doing something about that.
Priti Patel
I would make a number of points to the hon. Lady. I have been very clear in my remarks about the level of injustice that is felt across the country, and that has been illustrated in what we have seen over the weekend and the very peaceful protests that have taken place, but I am really saddened that she has effectively said that this Government do not understand racial inequality. [Interruption.] On that basis, it must have been a very different Home Secretary who as a child was frequently called a Paki in the playground; a very different Home Secretary who was racially abused in the streets or even advised to drop her surname and use her husband’s in order to advance her career; and a different Home Secretary who was recently characterised in The Guardian—if I may say so, Madam Deputy Speaker—as a fat cow with a ring through its nose, something that was not only racist but offensive, both culturally and religiously. This is hardly an example of respect, equality, tolerance or fairness, so when it comes to racism, sexism, tolerance or social justice, I will not take lectures from the those other side of the House.
I have already said repeatedly that there is no place for racism in our country or in society and, sadly, too many people are too willing to casually dismiss the contributions of those who do not necessarily conform to preconceived views or ideas about how ethnic minorities should behave or think. This in my view is racist in itself. As I said earlier, both in my statement and in my answers to other colleagues in the House, to combat the real inequalities in society and to end the gross disservice to many communities across our nation who are subject to real and pressing inequalities, we must address these sensitive issues in an accurate and responsible way and by addressing prejudice rather than inciting and inflaming tensions.
Kevin Hollinrake (Thirsk and Malton) (Con)
I was going to say how good it is to hear this House so united—in the main, it is united in its support for peaceful protest, particularly one that is tackling prejudice and unfairness, and also in its support for the police. Does my right hon. Friend agree that the best way to support the police is to deter future violent crime by making sure that everybody who is guilty of things such as throwing missiles at police—we have all seen those videos, and that video footage should be studied—is arrested, charged and prosecuted?
Priti Patel
My hon. Friend is absolutely right, and those people should be in no doubt whatever that swift justice will follow, and that is exactly what the British public want to see. They want to see the rule of law applied, but also for people to express their views in a peaceful way that is in line with the democratic values of our country.
Clive Efford (Eltham) (Lab)
I want to add my voice to those who have condemned the minority of people at the weekend who were acting in a violent way towards the police, and I wish those injured officers a speedy recovery, but Secretary of State, does it not just fuel the suspicion of people from the BAME community when the recommendations of something like the Public Health England report are withheld? Are they not bound to suspect that that is the establishment feeling that it is likely to be embarrassed and made to feel awkward by those recommendations? Should they not be published?
Priti Patel
I say to the hon. Gentleman, first, that he is speaking to a Home Secretary who is from the BAME community, so there is no withholding of the data or information that he is referring to. The Government have been fully committed, and the Equalities Minister is working to not just look at the data but, importantly, work across Government—I think the House needs to fully recognise this—through all Government Departments from a policy perspective to understand the causes, whether they are health issues or housing issues, and the range of issues that basically dominate many inequalities. It is important that the Government have the time and space to do that, to actually deliver the right solutions to provide the right levels of social justice.
Owen Thompson (Midlothian) (SNP) [V]
In Midlothian and Edinburgh, there are streets, a statue and other local references to Henry Dundas, but there is no mention in any of those locations of his shameful role in delaying the abolition of slavery, which forced some 630,000 slaves to wait for more than a decade for their freedom. Does the Home Secretary agree with the leading human rights activist Professor Sir Geoff Palmer that we cannot erase parts of history, and that a more honest narrative is needed about memorialised figures in the slave trade as a crucial step in our journey to becoming a fair and inclusive society?
Priti Patel
The approach for becoming and being a fair and inclusive society also applies to the democratic ways in which we can express our views around cultural monuments, statues and street names. Whether we are talking about a statue or any other type of memorial, people should work through the correct democratic processes, with local authorities and the right individuals, to achieve the change that they want to see.
Martin Vickers (Cleethorpes) (Con)
Fortunately, my constituency has had a low infection rate from covid, but in recent weeks people have been anxious about an influx of visitors to the resort. You can imagine, Home Secretary, that they are doubly anxious this coming week—
Madam Deputy Speaker (Dame Eleanor Laing)
Order. I am trying not to interrupt people, because we do not have much time, but we must adhere to the standards of this place. The hon. Gentleman knows—a previous hon. Gentleman got this wrong too—that you cannot address the Home Secretary as “Home Secretary”; you must address the Chair. There are still new Members who do not quite know how to do this. There are good reasons for it that we do not have time to go into now, but the hon. Gentleman must address the Chair.
Martin Vickers
My apologies, Madam Deputy Speaker.
My right hon. Friend will be aware that my residents are doubly anxious because a Black Lives Matters protest meeting is planned for this Saturday. Could she assure my constituents that not only will property and people be defended but social distancing will be enforced to maintain the low infection rate?
Priti Patel
My hon. Friend makes a very important point. I reiterate the point I made earlier: we have asked protest organisers to engage with the police. That way, anybody who wishes to express their views or opinions in the right way—in a socially distanced and legitimate way—can do so. We do not want the type of scenes we saw at the weekend, with mass protests and crowds of more than six people coming together and obviously not social distancing. We are in the midst of a pandemic and it is right that we all behave responsibly and communicate the message across all our communities that social distancing matters and can and will save lives and importantly that we continue to control this virus at this very delicate time.
Fay Jones (Brecon and Radnorshire) (Con)
My hon. Friend the Member for East Surrey (Claire Coutinho) quoted Martin Luther King on social media this morning when she said:
“in spite of temporary victories, violence never brings permanent peace”.
Does my right hon. Friend agree that the violence over the weekend undermines the essential message of Black Lives Matters, which must be heard?
Priti Patel
My hon. Friend is absolutely right. I have made the point repeatedly that the violence dominated what was for the majority a peaceful protest and subverted its very clear message. People were making their voices heard and articulating the injustices they see. There is no place for violence and it should not be tolerated.
Mr David Jones (Clwyd West) (Con)
Does my right hon. Friend agree that nobody reasonable could ever conclude that accidents of thuggery by police officers on the streets of Minneapolis could ever justify acts of thuggery against police officers on the streets of London, and will she do everything in her power to ensure that there is no repetition of the events of last weekend?
Priti Patel
My right hon. Friend is absolutely right. I have spoken about the violence, disorder and criminality witnessed on the streets of London this weekend. I will continue to work with chief constables and police and crime commissioners across the country, as will my hon. Friend the Minister for Crime and Policing, to make that point again and again. While we support the right to protest, we are in a health emergency. It is right that we protect the public, but it is also right that our police forces uphold the rule of law.
John Cryer (Leyton and Wanstead) (Lab)
The violence at the weekend was simply wrong—that is straightforward —but would the Home Secretary agree that we should look at what President Trump is doing in America and do the exact opposite, and instead of encouraging bitterness, anger and even violence, which is what he is doing daily, we should be showing leadership, bringing people together and opposing racism everywhere?
Priti Patel
These protests are about injustice. What we have seen in America is dreadful—it is absolutely awful to see America tear itself apart—but, as I have said repeatedly, we can come together to address issues across all BAME communities and to address inequalities, the issue of young people’s life chances and the fact that they want more hope and opportunity. That is the type of leadership that the United Kingdom can show.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Residents in Stoke-on-Trent, Kidsgrove and Talke were rightly outraged when they saw the Cenotaph graffitied and attempts to burn our Union Jack, desecrating the memories of those who paid the ultimate sacrifice for the freedoms we have today. Will my right hon. Friend back me in supporting Lewis Feilder and Conservative Friends of the Armed Forces by introducing a desecration of war memorials Bill to enable our police and courts to more easily prosecute those who damage our sacred memorials?
Priti Patel
I completely support that sentiment and the point that my hon. Friend just made.
Christine Jardine (Edinburgh West) (LD)
None of us in this place or, I believe, anywhere in the country wants to see violence and vandalism on the street. None of us wanted to see a large gathering of people at a time when social distancing is so vital for public health. More than that, none of us wanted to see the mindless violence against our police officers. But does the Home Secretary not agree that the answer to that is not to ramp up the rhetoric and throw more police officers into the fray? It is to look at the systemic injustice that there is in this country and invest in social programmes and in tackling that injustice. I would not suggest for a minute that the Home Secretary does not understand racism, but I ask her to rethink the Government’s strategy for dealing with the injustice that we have in society today.
Priti Patel
First, when it comes to policing, our police continue to operate by consent. They command the respect and co-operation of the British people by acting with integrity and accountability, and they do that in an outstanding way. When it comes to addressing social injustices and inequalities, as I have said repeatedly this afternoon, it is right that we come together as a Government and, in fact, as a House, because all right hon. and hon. Members have a duty to their own communities to be part of the solution in addressing the injustices. That is something that we can all collectively work to achieve.
Madam Deputy Speaker (Dame Eleanor Laing)
I must implore Members: a lot of people have bothered to come here this afternoon and they are not all going to get to ask a question because most Members have not asked questions but have made statements and told stories. From now on we will have to have short questions, and that means one question. The Home Secretary will then be able to give short answers to single questions.
Robert Courts (Witney) (Con)
I will very much try to do that, Madam Deputy Speaker.
We are lucky to live in this country under the protection of the rule of law, not least because of the actions of Winston Churchill, who defended the rule of law and defended this country against industrialised racism. Does the Home Secretary agree that under the rule of law, violence and vandalism have no place?
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Black Lives Matter protests have been held throughout Wales and I, too, stand against the injustice and violence faced by black people here and elsewhere. The vast majority of protesters respected social distancing or made innovative use of communications technology. Will the Home Secretary give due credit to the peaceful majority? For example, school student—
Madam Deputy Speaker (Dame Eleanor Laing)
Order. We do not need examples. The question has been asked. [Interruption.] Order. The question has been asked.
Priti Patel
The right hon. Lady is right that we should absolutely reflect on the majority who have protested peacefully, and I commend the young people in particular. Online protests are much safer when it comes to the health epidemic that we are enduring right now. Importantly, the voices of those who protested peacefully have in effect been subverted through the violence that we saw this weekend.
Tom Hunt (Ipswich) (Con)
I wish to say how appalled I was by the damage to the Winston Churchill monument on the 76th anniversary of D-day. My constituents and I are absolutely appalled. The people who did that are ignorant fools and should be properly held to account. The big job is to get the balance right between respectful, peaceful protest and preventing criminal damage and mass destruction. Does my right hon. Friend think we have the right balance at the moment? Do the police have the powers that they need to get that balance right?
Priti Patel
The important point to note is that for those who participated in violence and thuggery, justice will follow, and the police have all the powers and tools necessary to ensure that that happens.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP) [V]
I share the Home Secretary’s condemnation of anyone who engages in acts of violence, yet there remain valid concerns about the exporting of riot gear, tear gas and rubber bullets to the US, where some police forces have engaged in brutal crackdowns against peaceful protesters. Will she join the calls to her colleagues in the Department for International Trade to immediately suspend export licences for this equipment to the US?
Priti Patel
The hon. Lady will know that the Government as a whole consider all export applications thoroughly against a strict risk assessment. All exports to the United States are conducted in line with strict guidance, and the United Kingdom operates one of the most robust licensing regimes in the world.
Gareth Bacon (Orpington) (Con)
I thank my right hon. Friend for reassuring the country that the individuals who desecrated the Cenotaph, Winston Churchill’s statue and the statue of Abraham Lincoln will be held to account. Does she agree that vandalising monuments to the heroes who defeated fascism, defended our freedoms and ended slavery in the United States does absolutely nothing to further the cause of equality?
Priti Patel
My hon. Friend is absolutely right. Those acts of violence were wholly counterproductive and that is why it is important that justice follows and the police pursue the individuals who are responsible for those crimes.
Carol Monaghan (Glasgow North West) (SNP) [V]
It is important to recognise that the majority of the weekend’s protests, including those in Glasgow and Edinburgh, were peaceful, but to show that black lives really matter, we must examine the deeds of the past, so will the Home Secretary now commit to removing statues of slave traders from public places of honour?
Priti Patel
The hon. Lady is right to point to peaceful protests, which are a vital part of a democratic society, and she asks about the removal of statues of particular individuals. She will know that there are democratic processes that should be followed and respected by everybody to bring about that change, including working with councils of all colours across the country—Labour, Conservative and Lib Dem councils—with due process followed. That is absolutely the right approach to take, including following the rule of law.
Mr Richard Holden (North West Durham) (Con)
Throughout the pandemic, our police officers have put themselves in danger to uphold the rule of law, save lives and serve our communities. Does my right hon. Friend join me in condemning the actions of violent agitators over the weekend? Not only have they put our brave police officers at risk, but their actions have taken away from the reasonable, careful and important voice of lawful demonstrators.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Just before the Home Secretary answers that question, could everyone who is still to speak please just take their pen through their introductory remarks and ask a question? It is not really very difficult—just cut out the first bit.
Priti Patel
My hon. Friend the Member for North West Durham (Mr Holden) is absolutely right.
Nadia Whittome (Nottingham East) (Lab)
We will try again. Does the Home Secretary agree that the Government should remove statues of British figures involved in the slave trade? Further, does she agree that the lives of black people who have died following contact with police, such as Sarah Reed and Rashan Charles, are worth more than any statue?
Priti Patel
The hon. Lady will be well aware—perhaps she would like to lobby local authorities across the country to bring about the changes to statues. I notice that she celebrated the violence and criminal scenes that we saw across the weekend. I thought that the politics of protest and placards had left the Labour party with the departure of the right hon. Member for Islington North (Jeremy Corbyn).
Andrew Griffith (Arundel and South Downs) (Con)
I am proud that it was a Conservative Government who introduced Finn’s law to protect our service animals. Will my right hon. Friend assure me that she will not rest until the minority of thugs involved in attacking the police horse, as well as, of course, our brave officers, are brought to justice?
Priti Patel
My hon. Friend is absolutely right. What we witnessed at the weekend was utterly despicable. I look forward to visiting the mounted police section quite soon. I have had it with authority from the Metropolitan Police Commissioner that the injuries to the horse were mild, but importantly, she highlighted yet again how the acts of thuggery are disproportionate to not just police officers, but the animals.
Zarah Sultana (Coventry South) (Lab)
Edward Colston made his fortune by violently transporting 84,000 Africans to the Caribbean. At least 19,000 died en route. Statues of racist murderers like Colston can be found in cities across Britain, so I ask the Home Secretary a simple question: does she believe that it is right that black Britons have to walk in the shadows of statues glorifying people who enslaved and murdered their ancestors—yes or no?
Priti Patel
I hope that the hon. Lady will join me in lobbying councils across the country where Labour has been in charge for many years to bring about the change that black, Asian and minority ethnic people would like to see.
Laura Trott (Sevenoaks) (Con)
Does my right hon. Friend agree that we must not let the violence of a minority this weekend overshadow the majority who were peacefully protesting, and that we must bring forward practical steps to address the remaining racial inequality in our society?
Priti Patel
My hon. Friend is absolutely right, which is why the Equalities Minister is working across Government to address many of the issues around social injustice that need to be tackled.
Douglas Chapman (Dunfermline and West Fife) (SNP) [V]
Many Elizabethan British heroes used violence to enhance their wealth. Does the Home Secretary agree that violence is never part of the solution, but if we can educate our citizens in where we have been, what we have done and to whom, that will provide the basis for an equal and humane society?
Priti Patel
The hon. Gentleman makes a valid point. Violent activity can never be regarded as a legitimate form of protest. I do not just expect those who engage in violent activity to face the full force of the law; importantly, we should ensure that those who have a legitimate voice are heard through the right means.
Alec Shelbrooke (Elmet and Rothwell) (Con)
With regard to public order, may I ask my right hon. Friend to continue the policy of stop and search, and get knives off the street so it is not just black lives matter, but all lives matter?
Priti Patel
My hon. Friend is absolutely right. One of the most extraordinary—
Priti Patel
One of the important facts about stop and search, which I have experienced myself when meeting the parents of young black men who have been murdered on the streets of London, is its significance in taking weaponry off our streets. That is important for all Members of this House to recognise. When I have seen those parents, sat with them and heard their stories, they have called for more stop and search in order to stop more young black lives being killed, and to prevent more criminal and violent activities on the streets of our cities.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
There is no place for racism or discrimination in our society, but it is there; it is everywhere, and it is crushing the hopes and lives of millions in this country. I condemn the violence and vandalism, but the vast majority of the protests were peaceful. I want to hear from the Home Secretary what she is actually going to do to eradicate the racism that she condemns so that we do not need to have more protests in five, 10 and 15 years.
Priti Patel
The important point is that this is not down to one individual. We all have a responsibility—[Interruption.] Yes, and we all have a responsibility—across Government, across this House and across society—to understand the inequalities and the extent of the injustices. From a Government perspective, that means coming together and finding the right policy solutions, which this Government are committed to doing.
Dehenna Davison (Bishop Auckland) (Con)
Will my right hon. Friend join me in thanking County Durham residents for maintaining both peace and social distancing at the protests in Durham this weekend? Will she also join me in calling for all those who acted lawlessly and violently against our police to face the full weight of the law as quickly as possible?
Priti Patel
My hon. Friend is absolutely right. I congratulate her constabulary for the work that it has done, and the chief constable, who I have spoken to recently. Those acts of violence are not acceptable and it is right that those people face the full force of the law.
Kirsty Blackman (Aberdeen North) (SNP) [V]
No recourse to public funds is a policy that is in place at the Home Office that disproportionately affects my black constituents, as is the refusal rate of visitor visas. Will the Home Secretary commit to looking at these structurally racist policies within the Home Office, and to reforming them so that they do not disproportionately affect my black constituents?
Lucy Allan (Telford) (Con)
My right hon. Friend has offered her full support to our police in tackling violence, vandalism and disorderly behaviour. Will she encourage the Mayor of London to follow her lead?
Priti Patel
My hon. Friend is absolutely right. It is the responsibility of the elected Mayor of London, the police and crime commissioner for London, to do exactly that.
Wera Hobhouse (Bath) (LD)
Many people in Bath, Bristol and the surrounding areas have said that the statue of Edward Colston should have been removed many years ago. Does the Home Secretary agree?
Priti Patel
The question is, why wasn’t it and why did the Labour Mayor not do that sooner?
James Sunderland (Bracknell) (Con)
Will the Home Secretary join me in paying tribute to the fortitude, professionalism and patience of our police forces in the face of yet more unnecessary aggression and violence?
Priti Patel
Our police officers and police forces have shown great courage over the weekend and throughout the protests. I absolutely stand with them and support them as they have faced a criminal minority with the dreadful approach that they have taken and shown.
Tracy Brabin (Batley and Spen) (Lab/Co-op)
My inbox, like many, is full of emails from constituents demanding that we decry racism and police brutality, and I absolutely applaud that. One such constituent, Zohra, a second-generation British Indian chartered accountant and mum of three children, tells me that according to INQUEST, the proportion of BAME deaths in custody where restraint is a feature is twice as many as other deaths in custody. To build trust with communities, what can the Home Secretary tell us that the Government are doing to end that injustice?
Priti Patel
It is important to understand the facts and figures around deaths in police custody. In 2018-19, there were 16 deaths in custody of whom 15 individuals were from a white background and one was black. It is important that the Independent Office for Police Conduct looks at all investigations in the right way and holds to account police forces when deaths in police custody take place, and that is exactly what happens.
Jerome Mayhew (Broadland) (Con)
It is the dehumanising of the other that makes it okay to violently attack a stranger, whether that stranger be black or white. Does my right hon. Friend agree that we should listen to the peaceful voices of the BAME communities, celebrate our civilian unarmed police who look after us all, and celebrate our common humanity?
Priti Patel
My hon. Friend is absolutely right about celebrating our common humanity, the diversity of our great country, and the people who have taken to the streets and expressed their views in a balanced, proportionate and peaceful way. When it comes to our police, I absolutely stand with them. They showed great courage and determination over the weekend.
Patrick Grady (Glasgow North) (SNP)
We will overlook the irony of the Home Secretary saying that mass gatherings are unlawful, while hundreds of us are required to gather here in Westminster. I wonder if she believes that the hostile immigration environment, indefinite detention, no recourse to public funds, destitution and no family reunion for unaccompanied minors sends a message that black lives matter to this Government?
Priti Patel
I have been very clear about the protests over the weekend, and about how the Government and all Members of Parliament should look to work together to address issues of social injustice.
Laura Farris (Newbury) (Con)
My right hon. Friend has quite properly said that residents should lobby local authorities to raise principled objections to offensive statues, but Bristolians have lamented the inconsistent response of their local authority. Will my right hon. Friend consider publishing guidance not to determine outcomes but to create uniform principles, so that law-abiding citizens who object to statues can feel sure that their complaints are heard?
Priti Patel
My hon. Friend makes a valid and important point. If people want change when it comes to their local authorities and police and crime commissioners, they can do that the democratic way, which is through the ballot box.
Lilian Greenwood (Nottingham South) (Lab)
Will the right hon. Lady congratulate both Nottinghamshire police and the Nottingham protest organisers on their efforts to ensure that yesterday’s event was peaceful and safe? In particular, will she congratulate the young protesters who stopped and set about cleaning up graffiti that they witnessed on the Council House in Nottingham? Will she tell us whether the Government have raised their concerns through official channels about the shocking and divisive reaction from the President and the United States authorities to peaceful protest there?
Priti Patel
Peaceful protest remains a vital part of our democratic society, as the hon. Lady has said, but what we witnessed over the weekend was terrible. We talk about community spirit and communities coming together when it comes to understanding the strength of feeling and people expressing their views in the right kind of way. I have already spoken about the United States of America, and what we are seeing over there is a tragedy.
Alexander Stafford (Rother Valley) (Con)
Does my right hon. Friend agree that we should push for the harshest possible sentences on the perpetrators of the violence not only for causing the violence but for undermining the key message of equality and for helping to spread the coronavirus?
Priti Patel
As we saw post the 2010 and 2011 riots, it is important that we see swift justice. We have a process of swift justice in place to ensure that justice is served for the appalling acts that we have seen over the weekend.
Bob Stewart (Beckenham) (Con)
Watching on the television, I thought the police seemed to be holding back. They will have been holding back for good operational reasons such as that they did not want too many people hurt. Will my right hon. Friend assure me that the police have every power they need to cope with future riots such as the one that they had to go through on Saturday?
Priti Patel
My hon. Friend is absolutely right. He will know of the operational independence of our police forces. Obviously, police and crime commissioners have responsibility for the totality of policing within their force areas. When it comes to resource and support of our police officers, I am unequivocal: we have given the police the highest funding uplift in more than a decade; we are equipping and training them so that they are equipped at the highest level and to the highest standard, and that, of course, will continue.
Alison Thewliss (Glasgow Central) (SNP) [V]
The use of rubber bullets in the UK is, thankfully, rare, but not so in the US. It has been identified that the bullets have a 15% rate of permanent disability and a 3% fatality rate. Can the right hon. Lady assure me that they will not be used here, and, if they will not be used here, will she end their export to the US?
Priti Patel
I have just been reliably told by the Policing Minister that rubber bullets are not authorised for use on the mainland.
Kerry McCarthy (Bristol East) (Lab)
As a Bristol MP, I want to commend the police for how they handled things yesterday; it was a very difficult situation for them. Does the Home Secretary agree that we need to look at the underlying reasons for people going out on the streets to protest yesterday, and accept that austerity, covid-19 and many other issues are factors behind that?
Priti Patel
The hon. Lady raised a number of issues. First, I have spoken to the chief constable of Avon and Somerset and the Policing Minister and I have had a considerable debrief on what happened yesterday. With regard to the protests, I have already spoken about the right to protest in a peaceful, lawful and respectful manner. What we witnessed yesterday was mob rule, which is completely out of kilter with the rule of law and unacceptable.
Gary Sambrook (Birmingham, Northfield) (Con)
The protests in Birmingham last week were very peaceful, but unfortunately the same cannot be said for the weekend’s protests in London. Does my right hon. Friend agree that there is never any excuse for thuggish and violent behaviour against our police officers?
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I congratulate many of the peaceful protesters and the police and authorities that have helped to facilitate those protests, while acknowledging that the UK is still a racist country for many people. The Home Secretary is eager to comment on operational matters, but stays quiet, of course, when the Prime Minister encouraged lots of sunbathers, predominantly white, to mass-gather on the beaches of Brighton. Is it only black protesters who are the problem and not white sunbathers? Will she ensure that messages are coherent on this issue, and will she speak out—
Priti Patel
The Government’s position on coronavirus could not be any clearer—
Priti Patel
It is coherent. The hon. Gentleman should understand the message of saving lives, staying alert and not participating in mass gatherings of six or more people. To do so is dangerous to public health. I have made that point today. In fact, the Health Secretary, who was in the Chamber before this statement, echoed those points as well. I say to the hon. Gentleman that we are in a public health emergency. It is down to all of us—whether as local MPs, councillors or citizens in our community—to make sure that we all uphold those standards, as the majority of the public have done, so that we can save lives and protect the NHS.
Steve Brine (Winchester) (Con)
Everyone has the right to peaceful, lawful protest, but in a pandemic they do not, whatever the cause, have the right to act in a way that could impact on others who choose not to hit the streets in a mass gathering. Does the Home Secretary take the view that as well as Ministers pleading with the public to stay away on health grounds, police forces should warn those who organise such events that they are organising what are currently illegal gatherings?
Priti Patel
My hon. Friend is absolutely right. This comes back to the point that I made earlier. Many of the organisers behind these protests are not engaging with the police. Police forces around the country have worked incredibly hard over the last 10 or 11 weeks to get the message out there by engaging with their communities, and they will continue to do so.
Mrs Natalie Elphicke (Dover) (Con)
Given the risk that the protests may cause a second wave of this virus, and given the disgraceful violence and destruction that we have seen, does the Home Secretary agree that it is time to give the police greater powers to control demonstrations and marches where police commanders believe there is serious risk to public health, public order and property?
Priti Patel
This weekend has shown that these protests are a threat to public health. On those grounds alone, our police officers are working night and day across the country to reiterate that point and communicate that message. My final comment is that the operational independence of chief constables is recognised in law, and the Police Reform and Social Responsibility Act 2011 gives police and crime commissioners responsibility for policing within their forces. It is important that they reiterate many of these essential messages.
Madam Deputy Speaker (Dame Eleanor Laing)
I thank the hon. Members who took part in the second half of that statement for being swift. We were therefore able, in just over an hour, to allow everybody who wanted to participate to do so. That is a fair and decent way of doing things.
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for five minutes.
Virtual participation in proceedings concluded (Order, 4 June).
House Business during the Pandemic
(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I beg to move,
That this House has considered the Conduct of House business during the pandemic.
First, I would like to place on record my gratitude to Mr Speaker for allowing this debate. I am acutely aware that it is still not a full week since we last debated this issue, so I think it is worth reminding ourselves of the reasons why Mr Speaker was persuaded that it was appropriate to have this debate today.
Since the House divided, we have seen the practical outcome of the decision that was made to restore physical attendance to this House. We have seen Members queuing round the block, up the stairs, down the stairs, through Speaker’s Court and in just about every imaginable part of the parliamentary estate. It has not done any great service to the reputation of the House. It has, in fact, exposed us to ridicule around the world.
I note in passing that we have card readers installed in the Division Lobbies today, so it might be in order for me to congratulate the Leader of the House on having been wittingly or otherwise the midwife of electronic voting in this House. It is always interesting to speculate what one’s legacy might be at the end of one’s time in office, and I wonder whether that is one that the Leader of the House would have sought. In a world where irony has been destroyed, that would just be one small adjunct.
Karl MᶜCartney (Lincoln) (Con)
I do not disagree with the right hon. Gentleman that the sight of us all walking through here to vote was slightly ridiculous. Is he aware that screens were previously erected in the Lobbies, but they were removed before we returned last week? Does he think that that was because there are no TV cameras in the Lobbies?
Mr Carmichael
I am sorry, but I cannot answer the hon. Gentleman’s question because I do not really understand it—from some of the exclamations I hear around me, I fear I am not alone. To answer his question, I was not aware of that, but I struggle to see the relevance of it.
We also saw the attendance of the Secretary of State for Business, Energy and Industrial Strategy at the Dispatch Box. Thankfully, we have now heard that his test for covid-19 was negative. I am sure that we were all grateful to hear that and wish him well. As I said when I made the application on Thursday last week, the outcome of the test was not the relevant issue. The sight of the right hon. Gentleman at the Dispatch Box, and the reaction to that among us all and among the watching public, should have been a wake-up call to the Leader of the House and to the Government. It is entirely regrettable that it was not.
Layla Moran (Oxford West and Abingdon) (LD)
After the scenes of the Secretary of State sweating at the Dispatch Box were seen on television, I received countless emails from my constituents who, while they wanted me to represent their views, were asking me not to go in because it might make me a super-spreader of any germs in this place. It is utterly irresponsible, and surely we should not have to choose between the health of our constituents and our ability to do our jobs.
Mr Carmichael
Yes, I agree with my hon. Friend in all respects but one, which is that this is just one part of the job we do. When I hear the Leader of the House and others saying that it is time for us to get back to work, I have to say that it sits rather ill with me. I have to say that from my own experience, and I know this is the experience of others, I have never been busier and I have never had a heavier mailbag than I have had since the initiation of lockdown.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Will the right hon. Gentleman give way?
Mr Carmichael
I will give way once more, and then at that point I will want to make some progress.
Jonathan Gullis
The right hon. Gentleman says that we work beyond this House, which obviously we do, but does he recognise that the work in this House is extremely important in looking at what the Government are doing, and that being physically in this building will help us in exchanging words about that, as we are doing now?
Mr Carmichael
I do absolutely agree with the hon. Gentleman. That is why I have never made any secret of the fact that I regard the virtual arrangements as having been sub-optimal, but there is a cost-benefit analysis to be made. My conclusion, and I think the conclusion of many, is that the cost of return at this time outweighs the benefits that we have had. That judgment is really what it comes down to at the end of the day.
Just consider how many hon. Members might have had contact with the Secretary of State, had he been infected, and then at the end of Tuesday gone home. Who else might they have met, and who might they have gone home to and then passed on the infection and the virus to?
In fact, on the subject of going home, it has been reported to me—obviously I was not present to hear the remarks—that at the 1922 committee last week, the Leader of the House attributed to me a motivation that I adopted the position I hold because I do not like the long journey. I have to assure the Leader of the House, and indeed the House as a whole, that that is not the case. If I were put off by a long journey, I would not have been able to serve for 19 years as the Member of Parliament for Orkney and Shetland. For the benefit of the Leader of the House and for other Members, let me make it quite clear that the objection I have to ending the hybrid system is one based on parliamentary and constitutional principles and on public safety; it is not a question of self-interest.
If I were to return home to Orkney this Thursday night—I would get home on Friday night, in fact, just ahead of midnight—I would get to stay there until late on Sunday afternoon. At that point, and it is not a bad situation, I would be getting on a plane to start the journey back here—believe me, Madam Deputy Speaker, this is not a jumbo jet; it is a Saab 340, a 34-seater plane—and I would be sharing the plane and breathing the same air as people who would be heading off to Aberdeen the next day for hospital appointments, for their operations, for radiotherapy and chemotherapy or for whatever else. The idea that I might inadvertently transmit the virus to those people because I am infected but remain asymptomatic is one that, frankly, makes my blood run cold. That is why, having come here, I am staying here, and I will be here for the duration until it is safe to go home.
Wera Hobhouse (Bath) (LD)
To avoid inadvertently spreading the virus, should not the advice be that we should all wear face masks? We know that indoor spaces are the most dangerous in terms of spreading the virus, and it is clear that if we unknowingly have the virus, by wearing a face mask we reduce the risk of passing it to someone else from 17% to 3%. Would not that be sensible Government advice for this House as well?
Mr Carmichael
Long before the coronavirus pandemic, several people told me that my appearance would be improved by wearing a mask, so this is perhaps no great surprise.
Mr Carmichael
Don’t take me there.
The principle—the important constitutional principle that is at stake here—is one of equality of all Members in this House. It is the subject of an excellent letter to the Leader of the House from a group of academics from University College London, headed up by Professor Meg Russell. She makes the point that not only did the Government win this return by a de facto exclusion of those who were most in need of the protection, but they have now put in place arrangements that have two tiers of Members. Not only does that affect us as Members, but it affects every single one of our constituents, because while there are constituencies and communities who are represented by people who are fit enough to be here, who have no underlying health condition and who have no one in their family whom they are required to protect, there are those represented by people who are not in that fortunate position and who do not have the option of physical attendance.
I commend the Government for at least restoring virtual participation by videolink, which we have seen operating again today, thankfully, but the position on Divisions is important because it runs right to the heart of this question of equality. If a Member has an underlying health condition and so is not able to attend, they are allowed to nominate a proxy; if, however, they are a carer for, or simply residing with, a person in that position, they are equally unable to attend here—I have heard no one challenge that—but they are not allowed a proxy vote. So the opportunity for such Members to express in the Division Lobby, either electronically or otherwise, the view that they may have expressed on a screen is not given to them, and that is wrong. The hybrid Parliament existed to maintain that equality of representation of all communities and all constituencies.
Last week at the Dispatch Box, the Leader of the House made two claims that merit some attention. First, he said that the abandonment of the hybrid Parliament was necessary in order for the Government to get their legislative programme through. He might not have noticed, but in the week before the Whit recess we managed to deal with both the Finance Bill and the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. In that regard, I remind him that the letter from the Constitution Unit at UCL observes that:
“there has been no barrier to bill committees meeting in socially distant form at Westminster since 21 April. Had the government wished to do so, the Commons could also have run hybrid or virtual bill committees, as is now happening in the House of Lords.”
Pause and consider that for a second: we in the elected Chamber are now lagging behind the House of Lords in terms of our use of the modern technology that is available to us. If we thought that the covid-19 conga was going to bring Parliament into disrepute, then goodness! We only knew the half of it.
Steve Brine (Winchester) (Con)
The right hon. Gentleman is a jolly fellow and I am enjoying his speech, but some very serious issues are facing this country right now. We discussed this matter last week, and although I realise his party has form in not respecting election results they do not agree with, I, as someone who voted against the Government last week and to retain electronic voting, accept that we were not successful. We had this debate then, but here we are again, discussing ourselves. Should we not move on?
Mr Carmichael
It was my decision to make an application, but it was Mr Speaker’s decision to grant the application. If the hon. Gentleman is seeking to question Mr Speaker’s judgment, he should perhaps make that clear. And the very best of luck to him. I see that he is not standing to correct the record in that regard.
The other point that the Leader of the House made last week was that, somehow or other, Members should be prepared to set an example. In this, there might be a bit more consistency than in other arguments. Let us remember that the ending of virtual proceedings ran contrary to the Government’s own advice that if someone could do their job from home, they should do so. Of course, the Government have form when it comes to disregarding that particular piece of advice.
Mr Toby Perkins (Chesterfield) (Lab)
In response to the point that was just made by the hon. Member for Winchester (Steve Brine) about the vote that we had a week ago, does the right hon. Gentleman agree that all those people who were having to shield were unable to vote in that Division? It was one of the biggest Conservative rebellions since Brexit, but lots of people were unable to vote. If those people had been able to vote, we might well have had a different result, so does he agree that it would be sensible for us to have another vote with everyone who has been elected to this House able to take part?
Mr Carmichael
Having committed ourselves to virtual or hybrid proceedings, it would have been sensible to make the decision to end them by a virtual process. However, that was not done, and we have to just accept that that was the way the vote went. If the hon. Gentleman has regard to the excellent letter from the Constitution Unit at UCL, he will find that it makes exactly that point.
One of the things that pains me more than anything else is the way in which the Government have chosen to do this without consulting the other parties in the House and without seeking to build the necessary consensus. So let us be quite clear that, in the event that this all goes horribly wrong, as it may well, only one person and one party in this place will be responsible for that.
I do not want to take too much time, but before I sit down I have to reflect on the fact that the hon. Member for Wallasey (Ms Eagle) was quite harsh in her judgment of the Leader of the House last week. She said that he had been the worst one ever. As I say, I think that that was harsh. Personally, I always reserve judgment until someone has left office as to where they stand in the panoply of greats. However, I think it is worth while comparing how the Leader of the House currently does the job with the way in which it has been done by many of his predecessors.
I was first elected to this place in 2001, and the Leader of the House then was Robin Cook, a man who had been demoted, as many said, from being Foreign Secretary. He never saw the transfer to being Leader of the House as any sort of demotion, however. He gave a weekly masterclass at the Dispatch Box in what it was to be a parliamentarian, and I am pretty sure that he would have had no truck either with the physical return at this time or, indeed, with the manner in which it has been executed.
In her assessment last week, the hon. Member for Wallasey prayed in aid the Prorogation of Parliament as well as the ending of the hybrid proceedings. She might have added to that the treatment of the Liaison Committee. The reason that Robin Cook—or, if you prefer, Sir George Young or William Hague, who have also given distinguished service to the House as Leader of the House—would never have had any truck with this sort of thing is that they understood that the office of Leader of the House had two functions. Yes, the Leader of the House is a Minister who is accountable to Parliament, but also, uniquely, they have a role as Parliament’s representative within Government. Robin Cook, William Hague, George Young and others all understood the importance of that role, and they were never afraid to carry it out. They understood the importance of the principle of equality of all Members and the people that they represent in this place, and they understood that it was their duty in Government, at the Cabinet table, to protect it. That remains the duty of the Leader of the House at the moment. It pains me beyond measure that he is so determined not to do his duty, and my plea to him today is a simple one: he should change his mind and do his duty.
Several hon. Members rose—
Madam Deputy Speaker (Dame Eleanor Laing)
Before I call the Leader of the House, I should warn Members who are planning to speak, lest they might have prepared long orations, that this debate will last for only two hours in total and therefore there will be a time limit on Back-Bench speeches of five minutes, which may well reduce later in the day.
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
I listened with great interest to the right hon. Member for Orkney and Shetland (Mr Carmichael), who is a distinguished Member of this House and former holder of office in the coalition Government. It is, of course, clear that there are still some concerns about the return to physical proceedings, and I am sympathetic to them; we are all trying to do our best to do right by our constituents at this difficult time. I pay tribute to the work of all those across the House who have persevered despite the limitations of lockdown to help individuals and businesses in their constituencies. The right hon. Gentleman rightly said that Members of Parliament have been exceptionally busy in their constituencies, with a workload that for many has been higher than they have been expecting in ordinary time, but this is not an ordinary time.
Jonathan Gullis
My right hon. Friend refers to the work that we have done, but it is no different from—in fact, it is probably less than—the work done by our key workers, such as school teachers, police officers, nurses and social care workers, in places such as Stoke-on-Trent.
Mr Rees-Mogg
My hon. Friend is absolutely right on that, which is one reason why I argue that we should try to lead by example. People who have been at the frontline have been working exceptionally hard and have been doing so in a way that is brave and deserves our commendation.
Patricia Gibson (North Ayrshire and Arran) (SNP)
Does the Leader of the House not agree that not allowing MPs who are shielding to participate fully in this House is disenfranchising them and it is cruel and unnecessary? For shielding MPs, in particular, this needs to be rethought, reviewed and fixed.
Mr Rees-Mogg
I think the hon. Lady is not looking fully at what shielded MPs will be able to do. They will be able to have a proxy and to participate in the interrogative parts of Parliament’s activities. We have to get the balance right between what can be done by shielding MPs and what allows Parliament to carry on doing its job. I fear that that is the key point, and I hope Members will understand that although their contributions have reflected their experiences and those of their party, it is our responsibility to consider Parliament’s work as a whole—not just the duties of individual MPs, but the duties of our Parliament to the British people.
Christine Jardine (Edinburgh West) (LD)
Listening to the Leader of the House, I am curious to know whether he could give us an example of a way in which this Parliament failed in its duty to our constituents and to our countries while we were operating a hybrid system. Where did it go wrong such that he felt it had to end?
Mr Rees-Mogg
Even the right hon. Member for Orkney and Shetland, who applied for and received this debate, has said that it was a sub-optimal system, and that has been the view of the Procedure Committee and it has been mentioned widely in debates. The legislative programme was running at a snail’s pace comparatively. We were not delivering on our promises to British voters, and that is the point: the most important way in which Parliament makes a real difference to the lives of our constituents is through legislation. Our democracy could not function without this essential work. It is how we translate the results of general elections into tangible change.
Several hon. Members rose—
Wera Hobhouse
On the subject of snail pace, was the voting we were doing last week not much slower than the virtual voting we did online, which worked perfectly well?
Mr Rees-Mogg
Snails do not go anything like as fast as we went in that queue, and I really do not think Members should be too smart to feel that they cannot queue when our constituents are. I think we have to recognise that.
Jo Gideon (Stoke-on-Trent Central) (Con)
My constituents in Stoke-on-Trent Central are getting back to work, and they are worried about job losses and their future. I feel that what we are doing in this debate is a bit self-indulgent. Does my right hon. Friend agree?
Mr Rees-Mogg
My hon. Friend makes a good point. There is a great deal going on in the world and, thanks to the right hon. Member for Orkney and Shetland, we are debating ourselves—a subject that is of course of great interest to us.
Mr Perkins
The right hon. Gentleman’s concern was that virtual debates were preventing the Government from getting on with their business, but the way in which debates took place was just one aspect; another was whether we needed to be here to vote. Even if we had wanted to get rid of virtual contributions to debates, surely we could still have had electronic voting, which would have been much quicker than queuing 45 minutes for a Division, as we did last week.
Mr Rees-Mogg
I am grateful to the hon. Gentleman, who is an assiduous attender of Parliament and very thoughtful in his contributions. Where I disagree with him is in my understanding of what a Parliament is. Parliament is a coming together from across the nation to one place; therefore, we cannot carry out our role as parliamentarians properly and fully when we are absent.
Alexander Stafford (Rother Valley) (Con)
I thank my right hon. Friend for giving way to an intervention—something that could not be done in the virtual Parliament, thereby disenfranchising the people of Rother Valley. I therefore thank him for allowing me to participate fully in Parliament once more.
Mr Rees-Mogg
I am grateful to my hon. Friend, because that is a crucial point. Even with the social distancing requirements and a Chamber that is not as full as it would otherwise be, we have proper debates and ensure that the Government are properly held to account. That is unquestionably an advance on a virtual Parliament.
Legislation is how we translate the results of a general election into tangible change. In the Queen’s Speech, the Government unveiled 36 Bills—an ambitious agenda that aims to help the whole country level up. People across the United Kingdom will be affected by the laws we pass, so this House must play its part in working to ensure that these Bills are the best they can possibly be. While it is natural that Opposition Members may be less enthusiastic about the programme as a whole, because as Disraeli said, it is after all the job of the Opposition is to oppose, my point to them today—[Interruption.] If the hon. Member for Rhondda (Chris Bryant) is seeking to intervene, I will give way. It is always such a pleasure to hear from him.
Chris Bryant
I think Disraeli also said that a Conservative Government were an “organised hypocrisy”, as I am sure the right hon. Gentleman well knows. If he is so keen on making sure that stuff can proceed swiftly, would it not be better to have a swift means of voting? I do not understand his addiction to queuing—unless it is from his regular queuing in Lidl. A former Archbishop of Canterbury said of reading the Church Times:
“It’s a duty to read it, but a sin to enjoy it”.
Is it not the same with queuing?
Mr Rees-Mogg
If we are batting back and forth Disraelian quotations, he also said:
“A sophistical rhetorician, inebriated with the exuberance of his own verbosity”,
but I would hate to apply that to the hon. Gentleman. [Interruption.] My hon. Friends think I should, but I will not, because he is a distinguished parliamentarian-historian and Chairman of the Standards Committee. In answer to his point about queuing, we have to use the methods necessary to proceed with Government business, which is the point I am making today. It can only be done by meeting physically.
Stuart Anderson (Wolverhampton South West) (Con)
We are talking about swiftness and queuing. The people of Wolverhampton have been queuing for their essentials for the last three months. Are we not wasting time in this debate, and should we not be getting on with something more important?
Mr Rees-Mogg
I have a great deal of sympathy with that view, but the right hon. Member for Orkney and Shetland called for this debate and was successful in his application, therefore clearly Parliament has a desire to talk about itself. That was not my choice, but I am here to participate and to do so fully, in a real and physical Parliament.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I am sure that most of us appreciate that we are not here to talk about Parliament. We are here to talk about the fact that representatives who are unable to be here are representing constituents who are not represented by this Parliament, and that is wrong.
Mr Rees-Mogg
I am a bit puzzled as to why the right hon. Lady is contributing to the debate if she does not want to talk about Parliament. It seems to me that that is what the motion is about, but there we go. We are talking about how the House of Commons is operating under the covid-19 requirements. That is the topic of the debate.
What we are looking at is the essential work that can only be done by meeting physically. If we look at the progress we were able to make just last week on our legislative programme, and at what a contrast that was with the limited steps possible under the hybrid proceedings —[Interruption.] Does the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) wish to intervene?
Mr Rees-Mogg
That is very gracious, but customarily, if Members sit on the Benches chuntering, they might give the impression that they wish to contribute more formally, so that our friends in Hansard may hear their wise words. May I suggest that the hon. Gentleman think through his intervention, and I shall be delighted, nay, honoured to hear from him later. [Interruption.] Does the hon. Member for Rhondda also wish me to give way?
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Just because the hon. Member for Brighton, Kemptown was doing something wrong does not mean that that the hon. Member for Rhondda has to copy him.
Mr Rees-Mogg
Thank heavens, Madam Deputy Speaker, that we have you as Chairman of Ways and Means, to keep us in order in all our ways and many of our means.
The Zoom Parliament allowed some scrutiny to take place, and I was an enthusiastic advocate of having it. On 21 April, the choice was a Zoom Parliament, or no Parliament. Not only did we see Ministers coming to the Dispatch Box, but we were able to examine people’s homes and their bookcases. However, we also recognised its inadequacy. Hybridity was not sufficient.
Jonathan Gullis
My right hon. Friend talked about the Zoom Parliament being inadequate. In education—I am former teacher—we know that Zoom has only been able to go so far, and that kids being physically back in the classroom means that they can get a better education. Surely our being physically back in the Chamber means that we can get on with the work that we need to deliver.
Mr Rees-Mogg
I entirely agree, and my hon. Friend makes the right comparison all ways round. I have noticed with my own children that remote education has been a good stopgap when other things have not been possible, but it is in no way as good as a real education in school, with all that that entails. The comparison works very well with Parliament. Indeed, the right hon. Member for Orkney and Shetland accepted that there are real difficulties with the hybrid process and the stilted nature of the debate that we had in the virtual Parliament. He said that himself, so it is not as if I am the only one who thinks it did not work.
Mr Carmichael
I absolutely accept that it is not a system I would want to use indefinitely, but it is right for the here and now. On the question of progress in legislation, will the Leader of the House confirm that the Constitution Unit at UCL is right in its assessment that the refusal to use hybrid proceedings for Committee and other stages of legislation is a matter of Government choice, not a question of possibility?
Mr Rees-Mogg
I am afraid I thought the right hon. Gentleman was in error when made that point in his introductory remarks, and I think UCL is also in error. The idea that Her Majesty’s Government did not want to have Bill Committees so that we could get on with our legislative programme is patently absurd. Of course the Government wanted to get on with that, and to use whatever measures were available. However, the measures that were available were not sufficient; they were not enough to provide the number of Bill Committees we need for the work we have to do. The right hon. Gentleman is not the only hon. Member who found the hybrid proceedings unsatisfactory. My shadow from the SNP, the hon. Member for Edinburgh East (Tommy Sheppard), recognised the essential deficiencies of contributing virtually, and suggested that it created two classes of MP, and that a level playing field is needed. He would want the level playing field to be entirely virtual; I want to be primarily physical.
Lloyd Russell-Moyle
The right hon. Gentleman says that he wants a level playing field, but he has agreed to have virtual participation from people who are shielding. Does that not undermine his whole premise? All that is being asked is for him to allow those people who cannot participate because they are shielding, or helping to shield relatives, to be able to vote. Yes, they will not have full participation as that will be reserved for here, but at least they will not be denied their vote. What is the problem with that? He is allowing some virtual participation.
Mr Rees-Mogg
I am not sure that that point was worth waiting for. [Laughter.] I do not wish to be unkind—it is a matter for debate, perhaps on another occasion, as to whether it was worth waiting for or not. The motion last week that was tabled in my name allowed those who are shielding to vote by proxy, which meets the majority of the hon. Gentleman’s concerns.
Chris Bryant
One of the problems with the two motions that the Leader of the House tabled last week is that they create two different categories of people who can self-certify. I hope he will return to that issue, because it is a matter of concern to those who are in one category, but feel that they are excluded from another. That bit surely needs tidying up.
Mr Rees-Mogg
The hon. Gentleman makes a very good point, and I can assure him that it is under consideration. May I say that his second intervention was worth waiting for? I just want to continue—
Lloyd Russell-Moyle
I remember the debates only a few years ago when the right hon. Gentleman and others were very sceptical about moving to a proxy system, because of the dangers of the Whips holding handfuls of proxies that they could effectively just walk through and of not being able to have dissent. Surely he recognises that those were his arguments. Why can we not now look for an electronic option that removes that potential danger?
Mr Rees-Mogg
I am grateful to the hon. Gentleman for that point. The Chief Whip is not in his normal seat, so I will whisper it very quietly in the hope that he does not hear, but I would still be concerned about the Whips exercising a very large number of votes. Even as a member of the Government, to go to the point of the right hon. Member for Orkney and Shetland about the Leader of the House having a broader responsibility, I do not think that would be ideal. I think it is preferable that the awarder of the proxy can decide the Member who will bear the proxy. I think that is a better system, but I think Members in the generality ought to come here physically to vote because that is bringing Parliament to one place.
I was just talking about the hon. Member for Edinburgh East, who said that
“the final link in the digital chain is a domestic broadband connection that often fails, leaving Members unable to participate fully or at all.”—[Official Report, 12 May 2020; Vol. 676, c. 216.]
We certainly saw that with the hybrid proceedings. MPs are not able to conduct all aspects of their job from home, because it misses the responsibility we have as lawmakers.
Patricia Gibson
I thank the Leader of the House for once again giving way. He is very generous with his time. I have been a bit reluctant to intervene on him, because BBC Parliament continues to misgender me by calling me “Peter Gibson” and by referring to me as a Conservative, which will not go down well with many of my constituents. On the point about voting—regardless of covid, although it is very important in this debate—does he not agree that taking 30-odd minutes in ordinary times to carry out a vote is not a good use of this Parliament’s time? It would be much better if we could vote electronically and take two or three minutes, as happens in the Scottish Parliament, and therefore get on with our work more efficiently.
Mr Rees-Mogg
I believe it is fair to say that the Scottish Parliament has not got remote voting. The voting still has to be done physically, within the Scottish Parliament, and that is an important point to bear in mind. Voting is still done within the Parliament. If people look in the Division Lobbies, they may get an indication of the way Mr Speaker’s mind is working in making the Division system more effective. That, of course, is part of the process—that things improve and evolve as we work our way through this crisis.
Let me now turn to why scrutiny actually matters from the point of view of the Government, as well as of Back Benchers. By the time a Bill reaches the Floor of the House, many hundreds, sometimes thousands of hours have been dedicated to working up its policy details and drafting its clauses and schedules, yet it is only when parliamentarians are able to consider those clauses and schedules that our process of lawmaking begins in earnest. The Minister responsible for the Bill naturally wants to know what all Members think the legislation will mean for their constituents. Those views can be heard on Second Reading, upstairs in Committee and on Report.
Under the hybrid proceedings, we were only sitting for three days a week, which would never be enough for us to make progress on our legislative priorities. On the days when we were able to debate a Bill, the limited time for debate—cut by two thirds compared with a normal timetable—would have been deeply frustrating. In the fairly typical week commencing 2 March, there were 648 minutes of debate in the Chamber and Committees on primary legislation, compared with just 216 minutes in the hybrid week commencing 11 May. On secondary legislation, there was an additional 165 minutes of debate.
During my years sat in my old spot over there—I think it is a spot that still has a tick on it, so it is reserved—I became accustomed to Back-Bench MPs complaining about the limitations on the time for debate, so it comes as something of a surprise to me, now that I am standing here as Leader of the House, that it falls to me to make the case for more scrutiny against many of those same voices who actually want less time for scrutiny. For a Minister, these exchanges are not an adjunct to our democracy—they are our democracy in action. On any given day in Parliament, there is not only one issue considered; the issues are legion.
Mr Carmichael
If scrutiny of the Government is as important to the Leader of the House as he tells us, does he agree that the Prime Minister should have made the statement to Parliament before he made the broadcast on television?
Mr Rees-Mogg
The Prime Minister has made many announcements to Parliament, and the ministerial code is absolutely clear that Ministers must make their announcements to Parliament when Parliament is sitting, but the Prime Minister’s speech was on a Sunday, when the House was not sitting. I feel that one is slightly caught in the right hon Gentleman’s mind between Scylla and Charybdis. On the one hand, he wants everything to be done here, but on the other hand, he does not want us to be here. I am not sure which is winning—Scylla or Charybdis. However, Ministers want meaningful engagement.
Mr Rees-Mogg
It would be a particular pleasure to give way to the hon. Lady.
Ms Eagle
The right hon. Gentleman really should not caricature people worried about the exclusion of MPs who are shielding or have vulnerable family members as somehow not wanting to be here. It does no credit him at all. He really must be more generous in the way in which he deals with these arguments.
Mr Rees-Mogg
I am sorry that the hon. Lady does not want people to be caricatured, because I have a feeling that she quite likes caricaturing people from time to time. Pots and kettles come to mind. I should like to be very clear on people who are shielding. They will be able to appear remotely in interrogative proceedings, and they will have proxy votes if they want them, or if they prefer, they will be able to pair; it will be a choice for them to make. This is really important, and for the hon. Lady to suggest I am trying to do anything else indicates the level of confusion about this debate. [Interruption.] I heard a noise as if somebody wanted me to give way.
Chris Stephens (Glasgow South West) (SNP)
Those who are shielding cannot participate in this debate because it is an emergency debate, in which only physical participation is allowed. Why should those who are shielding not participate in this debate?
Mr Rees-Mogg
It is a very good point, and a fair point for the hon. Gentleman to make, but you will see, Madam—Mr Deputy Speaker. A sort of transformation has taken place. Even without haircuts, Mr Deputy Speaker’s hairstyle is not as lustrous as Madam Deputy Speaker’s, and it is a different colour, as the right hon. Member for Walsall South (Valerie Vaz) helpfully points out.
However, look at what has been happening in this debate—this is happening as a debate. Questions are coming in at all angles, testing the Government’s view. Why? Because we are here physically. I am not closed minded as Leader of the House. If it could work, with people who are shielded and cannot be here zooming in and making interventions, I would not seek to stop that out of stubbornness, but I do not yet see how it is possible to make a debate like this, with a vibrant exchange of views. I have not counted how many interventions I have taken, but how would this debate have flowed? How could we have got the exchange of opinion with people randomly popping up? How would they have come in? Would there have been a tower of Babel as they shouted over each other? Would they have to be on mute or off mute, and how would we know when they came on? Would a list have to be prepared in advance? Would someone have to apply to Mr Speaker in advance to get on the list to intervene on what I was going to say before they knew what I was going to say? It is really difficult to make a debate work with virtual interventions.
Mr Rees-Mogg
Of course I give way to the hon. Member for Edinburgh West (Christine Jardine), and then I will come to my hon. Friend the Member for Arundel and South Downs (Andrew Griffith).
Christine Jardine
I thank the right hon. Member for giving way, but does he understand the frustration of so many of us in this place? This is not about the process of government or debate or scrutiny, important though they are. It is about public health. We are in the middle of a pandemic and we are having to travel, from nearby or far away, coming into contact with members of the public, potentially taking the virus from here to our constituencies and from our constituencies to here, dropping it off with various people along the way. That is why we are concerned, and to myself and many others, that is far more important than the process by which we scrutinise the Government.
Mr Rees-Mogg
I am not unsympathetic to the concerns that the hon. Lady expresses. That is why the House authorities have set the House out as it is—to maintain social distancing to minimise the risk. I am sure that she paid attention to the report in The Lancet last week that showed that if we maintain the social distancing distance, which initially the Government quoted as 6 feet but is now correct at 6.5 feet, the risk of transmission—of being infected by somebody who is already infectious —halves, in comparison with half that distance, to a 1.3% chance of infection from somebody who is already infected. That is the importance of following these public health guidelines, onerous as they may be.
I would also say to the hon. Lady that we as Members of Parliament have our burden to bear in this process along with our constituents. Many of our constituents are doing things that put them at greater risk than we are at, and have carried on doing them throughout. We are classified as key workers. Why? Because democracy is important and our physical presence here is important to make democracy work.
Andrew Griffith
Does my right hon. Friend share my frustration and that of my constituents that at a time when the Government are making unprecedented interventions in our liberty, when our economy is in real crisis and potentially bleeding out every day, and when some of our citizens are still struggling to get the healthcare that they need, the danger is that this House looks, with the greatest respect, a little bit self-indulgent in that we are once again this evening debating the conduct of our own affairs and not devoting this time to the affairs of those we are sent here to represent?
Mr Rees-Mogg
My hon. Friend makes an extraordinarily good point. The right hon. Member for Orkney and Shetland asked for an emergency debate; perhaps others will ask for emergency debates on other subjects.
Jonathan Gullis
I do not pretend to be a historian like my right hon. Friend, but I am sure that during the blitz of 1940, Parliament would sit in the morning, obviously not at a time specified in the press so that it could avoid being attacked. So in this fight with coronavirus, is it not right that we come and sit in this House and do our duty?
Mr Rees-Mogg
I am entirely in agreement. We must lead by example because we are leaders in our community.
Mr Carmichael
The point to which I am yet to hear an answer from the Leader of the House is that he has promoted arrangements which for my hon. Friend the Member for Caithness, Sutherland and Easter Ross (Jamie Stone) allow him to participate virtually in debates or questions because he is looking after a wife who is vulnerable and requires his care and attention, but do not allow him a vote, unlike other hon. Members who are attending virtually. That is a principle of equality. If Conservative Members do not understand the importance of that principle, then they might do a lot worse than to spend a little bit of time reading the constitutional textbooks.
Mr Rees-Mogg
The right hon. Gentleman makes a point with which I have a great deal of sympathy. I would remind hon. and right hon. Members that the formal advice from the Government is that those who are living with people who are shielding do not themselves need to shield, but I understand why many people who are living with people who have to shield want to shield as well for the safety of the member of their family. As I said to the hon. Member for Rhondda, I am listening very carefully to that point.
Mr Perkins
Like Conservative Members, I do not think that Parliament is at its greatest when we spend our time debating our own affairs, but if they feel so strongly that a debate about what happens here is a waste of time, could they not help this debate to finish quicker by not constantly interrupting the Leader of the House to tell him that we should not be discussing the damn thing?
Mr Rees-Mogg
The hon. Gentleman has now made two interventions, so I wonder why he is suddenly so concerned about other people’s interventions. I can see that we should perhaps have a Standing Order to say that he may intervene but no other hon. or right hon. Members may do so.
Chris Stephens
The Leader of the House talks at great length about responsibilities. As Members of this House, we have responsibilities also to those who are employed here and work in this building, so why are the trade unions so concerned about some of these arrangements and deem this place an unsafe workplace?
Mr Rees-Mogg
The hon. Gentleman allows me to pay tribute to Marianne Cwynarski, who is in charge of these affairs for the House. She has worked incredibly hard to ensure that the people who work in the House are kept safe, that the best practices are ensured and that the numbers required for the physical return of the House are not that much greater than were required before we were back sitting physically. The hon. Gentleman makes a fair point, but the House authorities deserve genuine credit for dealing with that.
A true Parliament of the people, in which our elected representatives come together to discuss fully and debate the Government’s agenda and their response to the events of the day, is what we need. That covers what we are doing to fulfil the promises that we made at the general election and on which we were elected. I now turn to the question of how we conduct our proceedings in ways that lead by example.
Mr Rees-Mogg
The hon. Lady complains that I have been speaking for 30 minutes. I have a very happy memory from shortly after I was elected to the House when she managed to speak for well over an hour, so I go back to the point I made to her earlier about pots and kettles.
Karl MᶜCartney
I hear plenty of chuntering from the Opposition Benches, and I would like to point out that many of us on the Government Benches have not made any interventions. If we were to total it up so far, the Leader of the House has taken far more interventions from Opposition Members than Government Members. So less of it, yeah? Have an open mind, not an open mouth.
Mr Rees-Mogg
I reiterate the point that a debate is about interventions. It is how we test the argument of the Government.
Members of Parliament are no different from others who are unable to perform their jobs fully from home and are now returning to their workplaces. I understand that many Members will feel concerned about their particular circumstances, but they can be reassured by the significant changes made to make the parliamentary estate covid-19-secure. It is clear to anyone in Westminster that, while we have emerged from the initial stage of lockdown, we are by no means back to normal. That is why I made it clear before the Whitsun recess that I would work with the House authorities to explore ways in which those unable to come here can continue to contribute.
I have every sympathy with Members who feel that the constraints of the pandemic prevent them from being able to attend in Westminster. The work of scrutiny is so important that it is right that we have brought forward a motion to allow those affected to have their say during scrutiny proceedings, but I remain conscious of how important it is that Members who participate in the decision-making process of the House ought and need to do so in person. As we saw last week, the decision on whether to vote Aye or No is a public one, for which individual Members can often find themselves held to account. It is a decision that should only ever be taken after the kind of serious consideration and engagement which is only possible when all those concerned are in Westminster. By the time Members are asked to vote, Ministers want to have had the chance to talk through fully any specific concerns of individuals or groups. That remains my strong view.
I am grateful to the Procedure Committee for its willingness to support the Government’s desire to extend proxy voting. Last week, the House unanimously agreed to make this available to Members who are unable to attend at Westminster because they are at high risk from coronavirus because they are either clinically extremely vulnerable or clinically vulnerable. In making judgments of this kind, I have sought to balance the competing priorities of this place in a way that looks at Parliament as a whole. As I have maintained throughout, the Government are listening to Members across the House. I am—I hope this will please the hon. Member for Rhondda and the right hon. Member for Orkney and Shetland—giving thought to bringing forward a motion that extends proxy voting beyond what has already been agreed by the House, to include Members who are more widely affected by the pandemic.
Parliament must send a clear message to the country: we are getting on with our work as best we can during a period of great challenge, just like everyone else. That is the spirit in which I encourage all Members to view our proceedings during the pandemic. We recognise that there are difficulties, but we are showing leadership to the nation in persisting in our purpose. We are doing our duty in leading the way. Our constituents will not entertain the notion that we should ask parents to send their children back to school while we choose to remain at home.
Fortunately, that is not our approach. Rather than suffering the depredations of the muted hybrid Parliament, we are once again talking to each other in ways that were impossible when we were scattered to the four winds. Rather than wading through the treacle of the hybrid proceedings, which even the right hon. Member for Orkney and Shetland said were far from perfect, we are once again fleet of foot and dancing a legislative quickstep.
I have enjoyed the formalised interventions in this speech just as much as I enjoy the informal interventions of Members putting their socially distanced heads around my door. Rather like the school swot secretly delighted by extra homework, I must confess that my appetite for the opportunity of today’s debate is very great, even though some may think—and some of my hon. Friends have indicated that they do think—that talking about ourselves under the current circumstances is a little self-indulgent. For there is more to our democracy than general elections. Between polling days, it is in Parliament where the interplay between Ministers and MPs comes alive. I am delighted that that interplay, as we see today, is being restored, allowing our Parliament to scrutinise legislation properly and to get on with its core business of delivering for the British people.
Mr Deputy Speaker (Mr Nigel Evans)
Before I call Valerie Vaz, may I say that there are a lot of people who wish to participate in this debate? I ask people to perhaps temper interventions and take some of the heat out of the debate.
Valerie Vaz (Walsall South) (Lab)
I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for applying for the Standing Order No. 24 debate, and I thank the Speaker for granting it. It is important, because we are trying to persuade the Leader of the House that he is wrong. We need to restore a way for all right hon. and hon. Members to participate as equals, instead of having a two-tier or two-class membership of this Parliament.
I want to address some of the arguments, myths and legends that the Leader of the House has perpetuated. Myth No. 1—he said that we have more effective scrutiny by being here. We are in the middle of a pandemic, and we can have only 50 Members in the Chamber. We had effective scrutiny, where every Member could take part in the same way: by applying for and being called to ask questions, and by being called to speak in a debate.
Myth No. 2—the Leader of the House said that we were returning safely. There were 400 in the Division queue, queueing for hours. That is not the same as queueing for food. Actually, it has never taken me 45 minutes to queue for food, but it has taken us longer than that to vote.
Myth No. 3—the House does not work effectively on behalf of our constituents. I say it again, and I am glad to see that the Leader of the House has conceded this: we do, and we are. Whether it concerns constituents stranded abroad, furloughing or businesses, we have been working here, and we have debated and voted like we always do.
Myth No. 4—line-by-line scrutiny of Bills. We are in the middle of a pandemic, and we have only just set up this system. Our House staff have done a fantastic job to get us into the position of being able to take part in debates and vote remotely. By the way, all Select Committees have been able to participate in Zoom rooms. We could still have Bill Committees doing that.
Myth No. 5—we arranged only business that would be non-contentious. Yes, we all agreed, because we were in the middle of a pandemic. It was agreed by all parties to allow the system to get up and running and so that the staff who worked overtime on the new system would be able to get it into place.
Myth No. 6—time limits on scrutiny. There have always been time limits on scrutiny. If the Leader of the House really wants scrutiny, why have the weekend press conferences been cancelled? What steps is he taking to ensure that all written questions are replied to in an appropriate way? That is a tool for scrutinising the Government.
Myth No. 7—no one is banned. Yes, we are. If someone physically cannot get here or wants to protect people, whoever it may be—even strangers on a train—they cannot vote. The Leader of the House said that the measures were temporary. Yes, they are temporary measures while this pandemic is in progress. I am not sure whether he has read the accounts that were published in the newspapers at the weekend of members of the public who are still trying to recover from the disease, but he should do so. We know that the R number has increased in the north-west. The Leader of the House, the hon. Member for Edinburgh East (Tommy Sheppard) and I have worked together and signed motions to enable business to take place, until the Leader of the house dictatorially decided to end it.
Myth No. 8—it might take a bit longer. Previously we voted in 15 minutes, so that was an understatement—it took 45 minutes, or nearly an hour. Will the right hon. Gentleman update the House, perhaps by placing a letter in the Library, on how long the votes took from the start to the announcement of the results. I would like to know that, because the way we voted on Tuesday was not in the interests of Parliament or our constituents.
Myth No. 9—getting it done. The Leader of the House referred to 216 hours of parliamentary legislation. This is not normal—we are not in normal times. It is not normal for people to be working from home and educating their children. We were only back for three days during the height of the pandemic. It is changing now. It is not normal for there to be excess deaths in care homes, and that has not even been addressed.
Myth No. 10—on the system clogging up so that we cannot pass Bills. I do not know where the Leader of the House was, but we voted on the Agriculture Bill and the Trade Bill, and those went through.
Myth No. 11—we need to vote in person. We were all voting individually, on our phones. I was able to sit here while other hon. Members were able to vote somewhere else, but everyone took part equally.
Myth No. 12—we have complied with social distancing. We did not. Anybody who saw the way we stood in that queue on Tuesday knew that we did not, and the Leader of the House did not do that himself either. I know because I was watching from the top of the steps in Westminster Hall.
Myth No. 13—there is no accountability unless we are here in person. The Leader of the House then said that the Liaison Committee, which was done in a virtual proceeding, was successful. Every time the Chair of a Select Committee tried to question the Prime Minister and he did not want to answer, they were interrupted and told, “Move on, move on.” That is not accountability.
Myth No. 14—let me take on the Leader of the House’s point about interventions. Those are not a right; it is just a parliamentary tradition. It is up to the Member to allow interventions. Obviously, he was trying to prove his point, so many Government Members tried to intervene, but parliamentary tradition changes, as he knows—just as we do not wear top hats when we make points of order, and just as women are now allowed on the Floor of the Chamber, when previously, we were up there.
Myth No. 15—the Leader of the House said, “Let’s listen to what comes forth from the Procedure Committee”, yet he completely ignores the fact that the Procedure Committee are now undertaking a consultation on proxy voting. That is exactly why we have these Committees of the House—so that we do not make all these new rules and procedures on the hoof. We listen to people and we make sure that it works, just as we have done on its previous, very timely reports, which have informed debates in the House.
Myth No. 16—we have a duty to the country and voters to fulfil both our collective constitutional function and our individual roles. Why is he denying other right hon. and hon. Members their right to vote without a sick note? I am sure that the Leader of the House will have seen the letter that the right hon. Member for Orkney and Shetland referred to in The Times—I am sure the Leader of the House reads The Times; his father used to edit it—from the University College London Constitution Unit. It also said that Members are being denied their constitutional right. As my right hon. Friend the Member for Barking (Dame Margaret Hodge) said in a tweet—this was very timely—she has been disenfranchised from voting for her own disenfranchisement.
The Leader of the House has created a two-class membership of Members. He has driven away the right of everyone to take part. He has exposed the personal circumstances of right hon. and hon. Members. We have a duty to stop the deaths. We have a duty to keep people safe. Going back to the hybrid system, with remote voting, is the right thing to do for hon. Members and our constituents.
Mr Deputy Speaker (Mr Nigel Evans)
The Chairman of Ways and Means announced a five-minute limit on contributions from Back Benchers, but if Members can take less than that, please do, just to allow other colleagues to get in.
Karen Bradley (Staffordshire Moorlands) (Con)
If I may say, as Chair of the Procedure Committee, I always relish the opportunity to discuss procedure in this place.
I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate. It is very important that this House is able to scrutinise, to represent and to ensure that the legislation that the Government bring forward is fit for purpose and right for our constituents. I make no apology for our taking some time to ensure that we get that right.
The point was made earlier about the arrangements that this Parliament had before the Whitsun recess, and I am on the record as saying that those arrangements were sub-optimal. I turned up in person. I participated twice physically and tried to participate virtually, but was not able to do so due to the internet, so I can quite safely say that the virtual Parliament was very difficult for me. I personally prefer being here in person; I am a traditionalist in that respect. However, I also feel that it is incredibly important that those who cannot be here must be allowed to participate, to have their voices heard and to represent their constituents. They were elected in exactly the same way as those of us who can be here physically, and they need to be heard.
Although I am clear that the arrangements before Whitsun were sub-optimal, this situation is far from optimal. We do not have a full Chamber. Yes, we can make interventions, which does make for a much more interesting and fulfilling debate. I would be very much in favour of continuing those interventions for those of us who are in the Chamber, but not for those who are participating virtually because there is a problem with participating and making interventions virtually; Members need to be teed up, they need the tech to work and they need to get around very many problems. As Chair of the Procedure Committee, I fully support the end that we now have to the full parity of treatment between those who can participate physically and those who can participate virtually, but that does not mean that we should prevent virtual participation.
I did a little totting up of what I thought had gone well and what we could perhaps do better on, because it is important that Parliament reflects on these things. What went well? The fact that Parliament met was a great achievement. We should pay great tribute to all the people who gave up their Easter recess to work. We have said before that our staff and the staff of this House use the recess to not work quite as hard as they do when the House is sitting because we ask so much of them when the House is sitting. Well, they did not get that break over Easter and they certainly did not get that break over Whitsun. We should pay tribute to them for the fact that we were able to meet at all.
The fact that we did have physical participation during that period was also a great achievement. This was the most visible place for social distancing. The whole world can see social distancing in action. It can see it today; it can see us all sat here, spaced out and properly observing social distancing. That is something in which we should take great pride.
The tech actually worked very well for most people. Despite the fact that my Committee said on 8 April that we did not believe that it was possible to develop a system of remote voting, we were able to do it. We did have remote voting and it was quick, which meant that we could continue to spend all those hours and hours working on behalf of our constituents, and participating in the debates. We could listen to the debate and we could vote, and that was a real achievement.
I am glad that my right hon. Friend the Leader of the House made the point about how hard we have all been working. This has been an unprecedented time. I have been a Member of Parliament for just over 10 years, and I have never seen the volume of casework in that 10-year period that we have all been seeing. It has been individual, complicated casework. I remember spending one Friday night on the phone to the Foreign Office trying to get my constituent back from China. I remember the times I spent lobbying on behalf of constituents to get furlough arrangements in place—and great credit to the Government for managing to do that.
Andrew Griffith
I pay tribute to the Chair of the Procedure Committee. I think that both sides of the House would recognise that she has gone above and beyond to ensure that this House can continue to function. I also thank her for her recognition that any of these arrangements—those made in the past and those that we are making in the present—must remain firmly temporary, for the duration of this pandemic. She has been very consistent on that, as has the Committee.
Karen Bradley
I thank my hon. Friend, who is a member of the Committee, for his kind words and his point about the temporary nature of the arrangements. It is incredibly important that decisions that we take on our procedure during this pandemic are temporary, because, when we return to some form of normality, this House will have to decide how we proceed with our processes, procedures and rules and regulations.
My final thing that went well is Select Committees, which have been referred to already. Select Committees have met and scrutiny is carrying on. They have operated very successfully, and continue to operate, in a virtual world.
What could we have done better? Well, we could have been better at dealing with some of the uncertainty. My right hon. Friend the Leader of the House and I have already disagreed on this matter during an earlier debate in the Procedure Committee when he was kind enough to give evidence. The Government should have extended the motion that allowed for virtual participation until after the Whitsun recess, so that the House could have met without a recall of Parliament and made a decision about how we wanted to proceed without disenfranchising any Members.
We should have tested the voting system that we implemented last week. I urge my right hon. Friend to make sure that, whatever comes next for voting, we have a chance to test it, because this House needs to be happy and comfortable with it. The point was made about the Division Lobbies. I want to get back in those Division Lobbies as quickly as we can. They are a very valuable asset, but we have to make sure that they are safe. I urge my right hon. Friend to use deferred Divisions more. It is incredibly useful if we can vote, socially distanced, on deferred Divisions. On Public Bill Committees, there was nothing to stop them meeting before the Whitsun recess, and I urge him to ensure that they meet, and meet for longer—
Patrick Grady (Glasgow North) (SNP)
I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate. It is important that we have the opportunity to consider these matters in the round, but, of course, the irony remains that those who are most affected—those with the most need to contribute remotely—are unable to do so in this debate. That is much the same as the unedifying scenes that we saw in the House last week when those most likely to be disenfranchised by the removal of virtual participation were excluded from those discussions and votes. That includes my hon. Friend the Member for Edinburgh East (Tommy Sheppard), who, I can assure the Leader of the House, is very much looking forward to leading for the SNP at business questions on Thursday virtually, as is his right and his responsibility. He is not here to respond directly to the references that the Leader of the House made to him in the debate.
It is very clear, as other Members have said, that if there had been a free vote of the House last week, or, indeed, if those who are currently shielding or are in a shielding household had been able to travel, the House would have supported the continuation of the full hybrid arrangements that had been in place before the Whitsun recess. The SNP’s position remains that the hybrid arrangements should be restored in full. All Members should have equality of opportunity to participate in questions and debates and to vote using remote technology. What we have instead right now is a hybrid of the hybrid arrangements, and there are many questions that still need to be answered, particularly around the resolution of the House regarding proxy voting.
There are, as other Members have suggested, three categories of Members in place: those of us who can attend physically; those who are participating virtually in scrutiny proceedings due to medical or public health reasons; and those entitled to a proxy vote because they are clinically vulnerable, or extremely clinically vulnerable, to covid-19. That, as I think the Leader of the House has accepted, is not sustainable for any length of time. There must be one widely cast definition for remote participation that takes account not just of the Member’s personal circumstances, but of those of the Member’s household and, indeed, of their community. There needs to be equality of participation, the ability to join in both questions and debates and the ability for all Members to vote remotely, and those arrangements need to last for as long as is required.
We have heard today that shielding arrangements in Scotland will continue until at least 31 July, and Mr Speaker has extended virtual arrangements for Select Committees into September. The Leader of the House must confirm that arrangements for remote participation of Members will continue for as long as it is needed while the pandemic remains a threat, and for at least as long as any part of the United Kingdom has worked from home, guidance in place. That is the key part of the argument here. Government advice across the UK remains to work from home where possible, and MPs, of course, already frequently work in their home constituencies as it is, but we demonstrated during the hybrid sittings that we could effectively and easily conduct parliamentary business using remote technology and work safely from home, in line with Government guidance. If this House and the Government want to show real leadership, as the Leader of the House says that he wants us to do, they should be making it easier for Members to continue to work remotely and not put strain on House staff or on the transport system and reduce our risk of becoming vectors for disease in London and in our constituencies.
The proxy voting system that has been in place for parental leave has worked well, but it is sub-optimal—which seems to be the expression of the day—in the current situation, especially as some of us may be asked by a significant number of our colleagues to act as a proxy for them. How will that work if the House is asked to divide on a matter of conscience or another issue designated as a free vote? What if the proxy voter themselves becomes ill and has to self-isolate at short notice?
We need more clarity in general about how test, trace, isolate and protect is supposed to work on the parliamentary estate. The staff of the House have been under enormous pressure since the beginning of the pandemic, and I join in all the tributes that have been paid to them. It is not good enough blithely to suggest, as the Leader of the House did last week, that some of them would be here anyway. The more Members who are present on the estate, the more staff are needed to support us in our work. I understand that the number of staff physically present on the estate has had to double to cope with the return of full physical sittings.
What contingency plans do the Government have in place for if Westminster becomes the source of an outbreak? Has the Leader of the House made plans for continuity of House and Government business if large numbers of Members or staff take ill? I am still waiting for advice on what individual Members should do if they take ill and develop symptoms while on the estate—do they self-isolate in London, or should they return to their constituencies with the risk that that entails?
On 21 April, in making the case for a return to physical proceedings, the Leader of the House told the Chamber:
“What we do in this House is not something that it is nice to do—a frippery or a bauble on the British constitution. It is the British constitution.”—[Official Report, 21 April 2020; Vol. 675, c. 8.]
Surely he cannot be proud that the British constitution has been reduced to the laughing-stock of the conga line that we saw last week, and I assure him that it is doing absolutely no good for the cause of the precious Union.
The Leader of the House carved out a reputation on the Back Benches as a champion of procedures and the right of ordinary Members to scrutinise the Government, but as things stand, that right is being denied to many Members affected by the pandemic. There is an old Vulcan saying, “Only Nixon could go to China”; well, only the right hon. Member for North East Somerset (Mr Rees-Mogg), the Leader of the House of Commons and Lord President of Her Majesty’s most honourable Privy Council, could introduce electronic voting. It worked, and it should be restored.
The Home Secretary said earlier in her statement, without a hint of irony, that mass gatherings in the current situation remain unlawful. What is this House and the estate today if it is not a mass gathering? With 50 of us in the Chamber at any one time and hundreds of us around the estate and potentially in any Division queue, that is not showing leadership.
The majority of my SNP colleagues will continue to work from home, in line with the Government guidance, in Committees, tabling written questions and early-day motions, holding virtual surgeries and now through virtual participation, if they qualify. Those of us who do travel will do so as safely, carefully and minimally as possible. We are moving out of the pandemic into a new a normal: whether it is in the economy, the health service or the procedures of this House, there is no going back to old traditions. If the Government want the public and the House to recognise that, they must continue to work on a cross-party basis to restore equality of participation and remote participation for all Members of this House.
Mr Mark Harper (Forest of Dean) (Con)
I broadly support the return of Parliament in person, but a balance has to be struck between our setting an example to the country and making sure that those Members of Parliament who cannot be here—not those who have chosen not to be here, but those who cannot be here—are properly facilitated to participate. I do not agree with colleagues of mine who think that this debate is self-indulgent, because we do set an example, and in the coming days, weeks and months there will be workplaces throughout the country where decisions will have to be taken by employers about how to deal with members of staff who are shielding or have caring or childcare responsibilities, and how they are to be enabled to continue at work. Our job as parliamentarians is to do the right thing and set an example for the country.
Let me deal with several of the issues that have come up in the debate. On Members who are shielding themselves because they are vulnerable, I welcomed the motions that the Leader of the House tabled and the House passed last week to enable them to participate virtually in scrutiny procedures and to vote by proxy. I would like the Leader of the House to go further, as he hinted he might, because I do not see why those Members cannot participate in legislative procedures. I accept that it may be too complicated and simply not possible to enable them to intervene, and they may have to accept that their participation is not quite as it would be if they were here, but I do think it is important that they are at least able to speak in debate, on behalf of their constituents. I hope my right hon. Friend will take that away and bring some motions before the House in good order.
I also agree with the right hon. Member for Orkney and Shetland (Mr Carmichael) about those with caring responsibilities. The Leader of the House is quite right—I looked at the guidance in some detail—that those caring for those who are shielding do not have to shield themselves; but if a member of my family faced a very high risk of death or serious consequences if they contracted covid, I would not want to take the chance of coming here. I can see why the needs of Members in that position need to be facilitated, and I think my right hon. Friend the Leader of the House hinted that he was considering bringing forward motions to deal with that.
Mr Carmichael
There is a practical consideration here. Many of those with an immediate family member who is vulnerable will find that they do not have access to carers, because carers are not able to come any more, so the caring duty falls automatically on to them.
Mr Harper
I am pleased that the right hon. Gentleman makes that point, which I believe is true, because it leads to my next point, which is about childcare.
In normal circumstances, Members of Parliament need to be careful when they complain about childcare. Compared with most of our constituents, we are very well paid; we are in the top 5% of income earners, so sometimes when I hear Members of Parliament complain about the difficulties of balancing working here with childcare—I accept that there are difficulties—I think that some of our constituents who have to manage working and childcare on considerably less generous salaries probably regard such complaints as self-indulgent. However, at the moment, it is difficult for people to get paid childcare, and many Members have children who are being educated at home, so it simply is not possible for them to get here and deal with those childcare responsibilities. Indeed, in his press conference on Wednesday 3 June, the Prime Minister, in answer to a public question from a lady called Toni, I think, accepted that lack of childcare was a perfectly valid reason for not being able to attend the workplace, and any good employer would recognise that in making decisions on whether an employee needed to report to work.
Karen Bradley
My right hon. Friend is correct, but there is another issue to do with childcare. As we are key workers, our children can go school, but there is a practical problem there: how do you get your children to and from school if you are in this place, doing your job as a parliamentarian, in the absence of the background childcare that you would normally have and the availability of grandparents and other relatives?
Mr Harper
My right hon. Friend is exactly right and makes that point very well. What is unique to us is that, even if a Member can send their children to school as a key worker, the children may go to school in the constituency, so if they cannot access paid childcare or family, the Member cannot perform their duties here. As I said, the Prime Minister himself accepts that that is a perfectly valid reason for not being able to attend. Such Members need to be able to participate in this House virtually and to vote by proxy.
The last point I wanted to draw to the attention of the Leader of the House is about legislation—the coronavirus regulations, which are the greatest restriction on liberty that we have seen in this country outside wartime, and perhaps ever. I accept that the first set of regulations were made by the Secretary of State using emergency powers under public health legislation and were not voted on by this House before coming into force, but those regulations have now been amended three times, and I do not think the urgency provision can really be brought into force, although the Secretary of State says it can. We have the absurd situation now where there have been two sets of amendments and the regulations have been amended a third time before this House has even had the opportunity to vote on the second set of amendments.
The importance of that is illustrated by the events of the weekend. Under the third set of amendments, which have not yet been debated and voted on by this House, any gathering of more than six people is unlawful—it is against the law. So every single person who attended one of those demonstrations at the weekend was committing a criminal offence. The point about the debate in this House is important because I suspect many of those people were not aware that they were committing a criminal offence and this House has not had the opportunity to decide whether restrictions on protest are acceptable—
Mr David Davis (Haltemprice and Howden) (Con)
Will my right hon. Friend give way?
Mr Harper
I will not, because I have only 30 seconds left. The House has not had the opportunity to decide whether the restrictions on protest are a proportionate mechanism for dealing with the coronavirus. So I ask the Leader of the House to make sure that these two sets of regulations are debated and voted on by this House at the earliest possible opportunity. May I also suggest that, if the Secretary of State makes any further amendments, he does not use the power to do so without this House having had the opportunity to take that decision itself?
Clive Efford (Eltham) (Lab)
It is clear that the return to Parliament last week was chaotic, rushed and ill-thought-through. Members did not know where they were voting. We were told to go down to Westminster Hall to join the end of the queue, so I went down there to join it but by the time it had started moving people were queueing right out the door. For the next vote, I went down to Westminster Hall, but I was ushered out of the building and I had to queue on the green outside the Members’ entrance. I do not know who thought it was a good idea to have Members zig-zagging across the green outside, but whoever was in charge of security must have had kittens. When we voted later that evening, we did not queue out there, but instead queued around the car park. Who planned that? Who thought that through? Clearly the Leader of the House rushed us back and there was not time to sort that out. We were told that voting would take 30 minutes, but two thirds of us voted last week and it took 43 minutes. So this was ill-thought-out and ill-planned, and it disenfranchised Members of this House and their constituents.
Ironically, on that same day, we had a debate on the Parliamentary Constituencies Bill, in which the Leader of the House—I have read his speech—spoke eloquently about the need for constituents to have equal representation in this House. On the very same day, he voted for something that disenfranchises millions of voters. I have not totted up how many MPs were unable to participate and were excluded, but that must have resulted in millions of constituents being disenfranchised. I am delighted to be back here. I love this Chamber and being able to come in to participate in these debates, but the biggest honour of all is representing constituents. Under the current arrangements, too many Members of this House are disenfranchised, and that is not acceptable.
The Leader of the House tells us that it is important that we have proper scrutiny, but I was here last year when he went all the way to Balmoral to tell the Queen we were proroguing Parliament. That was deemed illegal because we were not talking about five days, as is normal for proroguing; he wanted to shut Parliament down for five weeks. So where is this sudden conversion to parliamentary scrutiny that we have from the Leader of the House? We came back far too soon. They had 75 days to plan for the return of Parliament. We had virtual participation, which, although not perfect, allowed everyone to participate. We got rid of that and excluded Members of Parliament, but within 24 hours of being back we are reviewing the process and we are letting people vote by proxy. We have now got virtual participation back and, miracle upon miracles, we have electronic voting in the Lobby now. The right hon. Gentleman has to be commended for leaping us forward into the 21st century, but this has all changed within a week of coming back.
This has been ill-thought-out and ill-planned. We came back and disenfranchised MPs, and we got rid of virtual participation, but then we had to introduce proxy voting and now it looks like we are going for electronic voting. The Leader of the House needs to learn from this debate and from the fact that MPs are not here to debate themselves; they are debating their colleagues, and ensuring that those people are not disenfranchised and that the people they represent are not disenfranchised. It is absolutely right that Members of Parliament come here and debate that, and ensure that this place properly represents the people of this country.
So the Leader of the House needs to take this matter away. We cannot have a two-tier system for Members of Parliament—that is not the Parliament we were elected to. We need to review these procedures. We need to do that through the Procedure Committee, which has been doing excellent work but, above all, the Leader of the House needs to listen.
Mr David Davis (Haltemprice and Howden) (Con)
I will start by saying that I agreed wholeheartedly, and almost entirely, with the right hon. Member for Orkney and Shetland (Mr Carmichael), who opened the debate, and with every word of the remarks by my right hon. Friends the Members for Staffordshire Moorlands (Karen Bradley) and for Forest of Dean (Mr Harper). I agreed with the Leader of the House when he said that democracy is not an optional extra, or words to that effect, but the operation of democracy today, as we observe it in the House, is more enfeebled than I have seen it in 33 years here. That is a tragedy of the Government’s making, and one that we need to fix as soon as possible.
The aim of the House is to hold the Government to account, but also to drive the direction of policy. If the Leader of the House wants to see how that is not working properly, an example was given earlier: the six-person limit on gatherings, which has not been enforced of course, and truthfully cannot be enforced in a democracy. That would never have happened had the measure had to go through the proper procedures of this House. Similarly, the daft quarantine regulations we now have would never have survived the normal procedures of the House. Democracy is critical to good government, and that is not what we are seeing here today. I know it has always been an ambition of the Leader of the House to make the European Parliament look great,. Well, he has succeeded today.
I have one controversial point to make, which comes down to this: this House has no life. It does not challenge Ministers properly. It must be the easiest thing in the world—I have done this a few times—to come to the Dispatch Box and deal with this House as it currently stands. A large part of that arises because of the 2 m rule, and the fact that we can have only 50 people in the Chamber. The atmosphere, drive, ferocity, and the mood of the House just does not exist.
We have to think about how we get back to normal, and how quickly we can do that. Clearly, we have to do it in a safe way, both for ourselves and as an example to our constituents and the country. I can think of only one way that could be done. According to Government numbers, we currently have a surplus of 80,000 tests a day. So we are not short of tests anymore. We may not be exercising them all, but we have that surplus. Austria, at Vienna airport, manages to carry out tests in two to three hours, from test to result. Will the Leader of the House consider instituting that here? Every morning between 8 am and 9.30 am, and perhaps if we start late until 12.30, every person who comes into the Chamber could be tested and then we would not need the 2 m rule anymore. Then we can suddenly have back the Parliament that was, and is, the envy of the world.
Mary Kelly Foy (City of Durham) (Lab)
That we are here today is frankly ridiculous. A lot of resources went into creating the virtual Parliament, yet the Government have abandoned it on a whim. They have not done that because we are now safe from covid-19, or with a plan in place; in fact, they still appear to be ironing out the details. Underlying this seems to be a desire to create a false sense of security for members of the public to return to work, based on the belief that, until Parliament is full, the Government cannot ask people to risk their health for the sake of the economy. However, Parliament is not full. Mr Speaker has rightly limited the number of Members in the Chamber, while the Government have finally allowed for some virtual participation.
Rather than have a primarily virtual Parliament—which, while far from ideal, was safe—we have this ridiculous system. This risks people’s health. As we have heard, many MPs are shielding, vulnerable or caring for someone who is. Others fear putting their communities at risk. While I am glad that some virtual participation will continue, the Government have been clear that this involvement will be limited. In doing so, they are not just limiting the voice of a single MP; they are reducing the representation of every single one of their constituents. At a time of national crisis, we need more parliamentary scrutiny, not less. It is not just MPs who are affected. Parliament only functions due to the work of an army of House of Commons staff. This is simply not right.
We must remember that it is not just those in Parliament who are at risk. These buildings act as a hub—a place people travel to from all over the country. If someone in Parliament gets infected, it threatens the health of the communities we serve. While the Prime Minister’s special adviser may think that the journey between London and Durham is worth the risk to my constituency, I do not. However, unlike Dominic Cummings, I have little choice but to be here.
Everything about these procedures is farcical, dangerous or both. If I thought this Government would listen to reason, I would implore them to change course. Instead, I hope that the threat to public health from these procedures remains just a risk, not a reality.
Jack Brereton (Stoke-on-Trent South) (Con)
As a member of the Procedure Committee, I am pleased to speak in this debate. When I put my name down for the Committee only a few months ago, I did not realise that it was set to be one of the busiest. I do not think my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), the Chair of the Committee and my constituency neighbour, thought so either. I would like to thank her for all the incredible work that she has done. I also thank Mr Speaker, the Leader of the House and all the House staff, who I know have been working incredibly hard to ensure that Parliament has continued throughout the pandemic and that the House can return physically.
I think it is right that we have returned to more physical proceedings. While it is important that we set an example, when we are asking more children to return to school and more people to go back to work, it is more than just symbolic. Given that the general election was only six months ago, there is a significant legislative agenda that needs time to be considered properly. Hybrid proceedings have not given anywhere near the time needed for that important legislation to be debated. Committee stages, Report stages and consideration of multiple amendments have been almost impossible. There is now a significant backlog of Government legislation to get through—according to what the Leader of the House said to the Committee when he appeared before us earlier today, it is around seven weeks’ backlog.
In addition, the amount of time allowed for Back Benchers under the hybrid proceedings has been extremely limited, with strict limits on the number of speakers, no opportunity for interventions or bobbing and certainly no opportunity for spontaneity if a pressing constituency issue should arise. Scrutiny of Government has been taking place of a sort, but it has been extremely restricted, with nowhere near the usual level of opportunity for Members to ask probing questions of Ministers on the Floor of the House. I know that for many Back Benchers, the lack of opportunities to participate has been the chief argument for why we need to return to more physical proceedings, and it is important that those demands are met.
While time must, of course, be prioritised for addressing the backlog of important new Government legislation, we also need to address the continuing lack of Back-Bench debates. That is where I agree with my right hon. Friend the Chair of the Procedure Committee that the current situation is not yet entirely optimal. This is made worse by Westminster Hall debates not likely returning for the foreseeable future, due to demand on a limited number of larger Committee Rooms for socially distanced Public Bill Committees. My constituents in Stoke-on-Trent South, like others up and down the country, will be keen to see us debating important local matters that they care about. Those debates would usually be granted coverage in Westminster Hall, and it is vital that further consideration is given to how Back Benchers can highlight important constituency matters in this place.
Jack Brereton
I will not, because of time.
From the outset, it has been clear that more virtual proceedings are a poor substitute, but without any alternative, it was better than nothing. I commend all the work that has been put in by the House staff to make the seemingly impossible possible. However, we have now proved that we can return to some physical form, and I think it is important that we live by the fact that there was widespread agreement throughout this House that hybrid proceedings should be temporary when they were introduced. It is clear that there have been teething problems in returning physically, but we initially witnessed similar with both remote voting and hybrid proceedings. That should not be a barrier to returning physically, just as it was not a barrier to hybrid proceedings.
I can see that across the entire parliamentary estate very significant measures have been taken, in line with Public Health England advice, to ensure compliance with social distancing. I thank the staff here for their work to put the measures in place so quickly. Certainly, very large numbers of Members of this House, Members’ staff and staff continue to work from home.
I hope that we can also learn some lessons from all of this. The hybrid proceedings have had some benefits, such as the improved call lists for those speaking, and better technology allowing greater functionality throughout MemberHub. As always, the procedures of this House will continue to evolve and improve. I am pleased that we are now moving forward with some limited virtual participation for those unable to get here and proxy voting for those shielding for medical reasons. I am also pleased with what the Leader of the House has mentioned today about consideration of further extending proxy voting. I believe that it is about the right balance to ensure that such Members can still take some part in proceedings.
Our constituents elected us to represent them in Parliament, and as Parliament has met here in Westminster, despite a few interruptions, since 1295, and certainly in this Palace since 1512, I think my constituents in Stoke-on-Trent South expect me to represent them here. Of course, MPs have been extremely busy throughout this time. Not only have we faced the realities everyone has—childcare and others—but we have seen a massive increase in our workload. However, the casework is not just about the things that MPs focus on, and our work here in legislating for our country is the chief reason we have been elected to represent our constituents in Parliament.
Ms Angela Eagle (Wallasey) (Lab)
We have a Leader of the House of Commons who operates by diktat, rather than by agreement or consensus, which is how he should be doing the job. He makes little attempt to engage with others before he announces decisions, including those whom his role requires him to consult—the Procedure Committee, the usual channels, the staff unions and their representatives—especially when we are considering health and safety issues in the middle of a pandemic. We know he illegally shut down Parliament last year, with no sign of an apology and little sign of contrition when the Supreme Court found him out, and now he has been found out making arbitrary decisions to end hybrid proceedings, which he clearly despises, without the appropriate consultation, much less agreement.
The Leader of the House then proceeded to lecture everybody about doing their duty. He alone decided to let the Standing Orders lapse, and he did it before any risk assessment had been done in this place and before any equality assessment had been done in this place. I am told that there has since been some attempt to do this—but to justify a decision he made before he had done the assessments, which is precisely the wrong way around.
I am here because I am lucky enough to be able to be, but I want also to be a voice for those Members—we know how many there are after last week’s farrago: hundreds of Members—who, for reasons of shielding, health vulnerabilities or caring responsibilities, at the moment, in a pandemic, cannot be here. They are watching these proceedings with frustration. They cannot vote or take part in them. They do not want to be told by some Government Members that this is a waste of our time. This is about ensuring that Members who have been elected to this House to represent millions of voters have the practical capacity to do so, without being forced to choose between their own health or risking themselves or, even more, their loved ones who might be vulnerable and shielding or their constituents to whom they do not want to pass on the virus. I am here to be a voice for them, unusually, as well as a voice for my own constituents in Wallasey.
It is about time that the Leader of the House stopped lecturing these people about doing their duty and understood the practical realities and constraints within which they have to work. It is about time that the Leader of the House accepted that in a parliamentary democracy other people’s constituents have the same right as his to see their representative, whom they elected only last year, being able to participate in this place. It is about time that he understood that that has to be facilitated by agreement across this House with other, perfectly legitimate Members of Parliament and Opposition parties—Members and parties who happen not to be in a majority, but who still need to be regarded with respect. The Leader of the House shows very little. We are here to say that, although we are in opposition, our constituents deserve to be listened to. The constituents of those who cannot be here tonight deserve equal representation, and it is his duty his duty to facilitate it.
Chris Elmore (Ogmore) (Lab)
I want to focus on two points that the Leader of the House and the Prime Minister have spoken about in recent weeks. The first is the claim that Members are not in work if they are not here. Last week during PMQs, the Prime Minister said from the Dispatch Box—I am paraphrasing—that what we are doing will mean that Members get back to work. I do not think it is just my staff and me, or only Labour, SNP, Liberal, Green and Plaid Members—I think it is every Member of this House—whose inboxes have been overwhelmed by panicked constituents after confused announcements from No. 10, statements that the Government wish to clarify several hours later, or statements not made on the Floor of the House, which means their representatives cannot make interventions or question Ministers.
It is insulting to every Member of the House that the Prime Minister and the Leader of the House says that we are going “back to work”. It is a shame that the Leader of the House does not have the grace to get up and apologise to all those Members who are having to shield or who have caring responsibilities and cannot be here to take part in these proceedings. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael), who made the point only last week that he will not go back to his constituency because of the risk that that would pose to his constituents. This is not acceptable. If we had a genuinely hybrid procedure that involved scrutiny from all parts of the House, that would go some way to allowing every Member parity, fairness and equality and to ensure that they were representing their constituents.
Many Members have mentioned today how many members of the public are being disenfranchised by what the Leader of the House and the Government are putting forward. Interestingly, some estimates suggest that it is about 17 million—a figure that the Leader of the House is normally quite keen to quote when it comes to engaging with the electorate. Funny how he is not so keen on it now.
The second and final point that I want to raise with the Leader of the House—it is something that the hon. Member for Stoke-on-Trent Central (Jo Gideon) mentioned and was also brought up in the Procedure Committee’s public evidence session this afternoon—is this nonsense that Public Bill Committees have been unable to sit because of decisions of the official Opposition, the third party or the smaller parties represented in this House. It is not for me to suggest that any Member misleads the House, intentionally or otherwise, but the reality is that the only party in this House that has stopped Public Bill Committees coming forward to scrutinise Bills is the Conservative party: the Government.
I wish to quote the Leader of the House’s comments to my hon. Friend the Member for Walsall South (Valerie Vaz), the shadow Leader of the House, from Hansard. He makes accusations that the usual channels, or indeed the Opposition Chief Whip, have not engaged in appointing Public Bill Committee Opposition Members, but he said:
“May I conclude by thanking the shadow Leader of the House for her continually constructive approach to these matters? It is a real pleasure to be working with her in these difficult times to try to create solutions that will work for everybody. The attitude of the official Opposition has been exemplary, and I am very grateful for that.”—[Official Report, 22 April 2020; Vol. 675, c. 88.]
How can the Leader of the House make such a statement and then suggest, on the record in a public hearing, that the usual channels, the Opposition Chief Whip, or the smaller parties have refused to put Members on Public Bill Committees? He knows that is not correct.
I understand that the Leader of the House issued a clarification later in the Procedure Committee to qualify what he meant and went on to suggest that House staff had not done what they should have to create a system. He knows that there was testing for hybrid Bill Committees and it worked. He knows that that would have allowed for more Bill Committees, but the Government chose not to do that.
The reality is that the blame rests, as my hon. Friend the Member for Eltham (Clive Efford) said, with a rushed decision that has changed week after week, and with the Leader of the House not engaging with the Procedure Committee, not working with Members across the House through the usual channels, and, frankly, making it up as he goes along.
Nadia Whittome (Nottingham East) (Lab)
When the advice to the country was, “Continue working from home if at all possible”, this Government decided that MPs should all return to this place for what we might call a mass gathering. It should not have needed a pandemic to drag this place into modern-day working practices, but thanks to your efforts, Mr Deputy Speaker, and those of the Speaker, as well as the efforts from colleagues here and the hard work of staff in Parliament, we adapted quickly to the hybrid system and we managed well.
Yet now the Government have taken backward steps, simply ditching the online system, stamping all over this fledgling innovative approach. Colleagues here have rapidly learned new working practices, setting a positive example about the value of flexible working. This is particularly relevant to people who are neurodivergent, disabled or with caring responsibilities. We need to move forward, not ditch our learning from this pandemic, so that we can be a more effective Parliament—a more inclusive Parliament leading by example on better working practices.
The Electoral Reform Society has said that Westminster should not return to “business as usual” after the outbreak without considering whether innovations adopted during the crisis should be kept. Darren Hughes, director of the Electoral Reform Society, is on record as saying:
“To cut down remote voting just as it’s bearing fruit would be reckless and wrong. We should be learning from how parliament has adapted during this crisis”.
We should return immediately to hybrid proceedings and remote voting to enable Parliament to work safely and effectively during the pandemic and make improvements from there, not be forced backwards in this way.
Mr Toby Perkins (Chesterfield) (Lab)
I have some sympathy with the comments of a couple of Conservative Members about the fact that at a moment of such importance in the nation we are once again here discussing our own affairs and our own matters. None of us enters this place in order to spend many hours having these kinds of debates, and I do not intend to spend the whole of my five minutes talking about it, but it is an important matter: we all know what these changes are about. The Government were very concerned that the Prime Minister was being exposed every Wednesday because he had not got those public schoolboys barracking behind him when he was being asked questions, and so the order went out, “We need people back in the Chamber so that this scrutiny—this forensic approach that the Leader of the Opposition is bringing forward—can be barracked at and shouted down; we must change the way that Parliament sits.” That is a tremendous shame.
I have some sympathy with the argument that we need to be here in order to do our job. Frankly, I would probably be coming here for these debates myself anyway, although I recognise that there are colleagues who are excluded. However, there is a question about the message that we are sending. The right hon. Member for Forest of Dean (Mr Harper) said that we need to set an example to people out there. At the same time, as my hon. Friend the Member for Nottingham East (Nadia Whittome) pointed out, the Government’s own advice is, “You should work from home if you can”, and we had clearly found a way in which parliamentarians were able to make representations from home. We should have encouraged Members to come back and speak from the Chamber where possible, but allowed those Members who were excluded to continue making their contributions from home.
We should also have kept virtual voting, which is much simpler than the charade that we saw last week. I was very sad that people who had put in a tremendous amount of work to implement that system were unfairly criticised, because if we are going to have physical voting and we are going to have social distancing, then what we went through last week was probably about the best way that we were going to be able to achieve that. I do not blame those people for putting in place that great long queue that we had, but it was a ludicrous spectacle when we were walking up and down the steps of St Stephen’s Hall like marathon runners, going up one road and running back down the other, with people pushing in in front of each other because they thought they saw a chance to jump the queue. It really did not show this place in a good light. We could achieve the Leader the House’s desire to see Parliament represented and to have interventions that are only possible in this kind of Chamber while retaining online voting, so that we will not have to go through the sort of performance that we saw last week. I will leave it there.
Mr Deputy Speaker (Mr Nigel Evans)
I call Chris Bryant, who must finish by 7.49 pm.
Chris Bryant (Rhondda) (Lab)
Thank you, Mr Deputy Speaker. I want to be able to participate, because there are so many issues that I want to be able to raise. I want to ask why so many companies that took money from the Government for furloughing are now suddenly laying people off in my constituency. I want to be able to highlight British Airways’ appalling behaviour in completely reconfiguring its terms and conditions. I want to unpick the Government’s preposterous quarantine, which does not even last for 40 days, so could not possibly count as a quarantine. I want to ask why the UK has the highest excess death rate, and why, therefore, the Rhondda has one of the highest death rates in the world. I want to campaign for better pay for key workers when we come out of all this, and I want to make sure that pregnant women do not lose out in this period. All those things I want to be able to take part in, but my simple point is that I want all MPs to be able to take part.
Roughly, by my calculation, a third of the House of Commons is not able to take part in a fully physical way at the moment, for whatever reason. The House of Commons, to my mind, must be free or it is nothing. MPs must be free to speak their mind without fear or favour. They must be equally free, one as another, without preference and without restraint. They must be free to attend, speak, participate and vote, not for themselves but for their constituents and the communities they represent. That is our historic freedom; our ancient liberty. Even in the 14th century, as I am sure the Leader of the House remembers, the Commons forced the King to release an MP so that he could participate in Parliament.
We have managed to change some things since last week, and I am glad that the Leader of the House presented his two motions, but he admits that they are now inconsistent. Those two motions are inconsistent with what the Speaker is now allowing as well, so we need to get to a point of clarity, where there is consistency across the whole House. All Members should be able to participate not only in urgent questions, statements and questions but in all the business of the House. Some Members who are in their 70s and 80s and who are now shielding might actually have the best understanding of what we should do about matrimony. Maybe they should be allowed to participate in the second half of today’s debate, rather than just the early part.
Some 45% of catering staff in Parliament are black or from the ethnic minorities, yet the House proceeded with the process of bringing everybody back, which I believe put the lives of those staff in peril, without having done a full assessment beforehand. That is not the way that we would expect any other employer in the land to behave. The Leader of the House is absolutely right: we should set an example. We should set an example by being the most courageous in looking at all our processes and seeing whether there is a better way. We are one of the oldest Parliaments in the world. We should be the best at adapting to modern circumstances and to the difficulties of the moment, not the worst.
Mr Carmichael
I am very grateful to all hon. and right hon. Members for their contributions to the debate. In responding, I essentially want to make one point.
This is not just about Members of Parliament. If I have learned nothing else over the years, I have learned that the market for Members of Parliament complaining about how difficult their life is, is an exceptionally niche one populated mostly by Members of Parliament and occasionally their mothers. It is not about that. It is about the very simple straightforward principle: the principle of the equality of participation and access to all who are elected to this House.
The question I sought to put to the Leader of the House was this: why is he insisting that we should abandon that principle, as important as it is, and do it so blithely? I made that point in my speech and others made it in theirs. I put it directly to him in an intervention on his speech. It will not be lost on anyone reading our proceedings now or in the future, that the Leader of the House had no answer to that simple straightforward fundamental question. This is an error of judgment of potentially catastrophic magnitude. It is a judgment, ultimately, for which the Leader of the House may have to be responsible. I hope there will be no doubt about that should this all go wrong.
Question put and agreed to.
Resolved,
That this House has considered the Conduct of House business during the pandemic.
Mr Deputy Speaker (Mr Nigel Evans)
I am suspending the House for five minutes. Please maintain social distancing as you leave the Chamber.
Sitting suspended.
Divorce, Dissolution and Separation Bill [Lords]
Monday 8th June 2020
(3 years, 10 months ago)
Commons ChamberRead Full debate Divorce, Dissolution and Separation Act 2020 View all Divorce, Dissolution and Separation Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 2-R-I(Rev) Revised marshalled list for Report - (16 Mar 2020)
22:00 - The House divided: - Ayes: 231 / Noes: 16 - Question accordingly agreed to.
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I beg to move, That the Bill be now read a Second time.
Marriage will always be one of the most vital institutions in our society, but we also have to face the sad reality that marriages sometimes breakdown. No one sets out thinking that their marriage is going to end. No one wants their marriage to break down. None of us is therefore indifferent when a couple’s lifelong commitment has sadly deteriorated. It is a very sad circumstance, but I believe that the law should reduce conflict when it arises. Where divorce is inevitable, this Bill seeks to make the legal process less painful, less traumatic. It does not, and cannot, seek to make the decision to divorce any easier. The evidence is clear that the decision to divorce is not taken lightly or impetuously. Indeed, it is typically a protracted decision based on months, if not years, of painful and difficult experience and consideration. The sad reality is that it is often too late to save a marriage, once the legal process of divorce has started. Once that decision has been reached, the parties need to move forward constructively. The Bill focuses on that very legal process.
Jim Shannon (Strangford) (DUP)
My wife and I have been married for 33 years and my mum and dad and were married for almost 61 years. The sanctity of marriage is very important. Does the Minister not agree that more funding must be allocated to counselling services to provide trained help for those in marriage difficulties and to prioritise saving a marriage where there is still the will to do so but perhaps not the means to do so? The waiting list for free counselling with Relate stands at seven weeks in some areas of the country, and families cannot afford to pay for private counselling. Relate and counselling are so important in trying to save a marriage.
Robert Buckland
I am grateful to the hon. Gentleman. He cuts to one of the most important issues in the debate about divorce, and I absolutely agree with him on the merit of organisations such as Relate and the work that they do to support marriages that have run into difficulties. However, it is the sad experience that, by the time a decision to issue a divorce petition has been made, matters have gone beyond that, to a great extent—not in every case, but in my view, in the vast majority of cases.
The Government are working hard to support initiatives such as the troubled families programme and, in the last Budget, to invest more money into proper research into effective family hubs where work can be done to support families in conflict who are struggling and having difficulty keeping together. The work of the Department for Work and Pensions in the £39 million reducing parental conflict programme, even at this time of covid, is an example of the Government’s strong commitment to supporting families. We believe that the family is a vital component of what it takes to be a civilised society. It is the source of stability, safety, love and all those things that we should be cherishing as a society.
Andrew Selous (South West Bedfordshire) (Con)
We are in the final year of that £39 million, and there is no guarantee as to what will happen in the next financial year. Could the Lord Chancellor reassure us that he will be a doughty champion with the Treasury and at the Cabinet table to ensure that that programme is renewed, reinvigorated and properly funded?
Robert Buckland
I am grateful to my hon. Friend. I can make the assurance that I, in my position as Lord Chancellor, will do everything I can to reinforce the important messages about the values of family. As a Conservative, they are particularly important to me, but I know that Members of all parties in this House share those values and from their own experiences believe in the family.
I want to add this comment: it is because I believe in the family that I think these measures are the right approach. Some people might think that is contradictory, but I do not believe so, because I think it is our responsibility in the legal process to try to reduce conflict, because conflict leads to emotional difficulty. It can lead to damage. It can lead to serious consequences, not just for the adults in the relationship but, let us face it, the children, too. We owe it to them to minimise in our legal processes, rather than maximise, the damage that can be caused.
Mr Jonathan Djanogly (Huntingdon) (Con)
One of the most important things for ensuring that families, when they do sadly break up, do so in an ordered way is an ordered financial process. We are one of the few countries in the world that I know about that does not have a process for pre and post-marital contracts. Does my right hon. and learned Friend not agree that this would have been the perfect opportunity to have brought in the wording that the Law Commission has already provided? It is sitting there and could be put into the Bill. Rather than leaving the courts to dictate the issue, this place should be dictating the issue. Will he consider that?
Robert Buckland
I am very grateful to my hon. Friend, who served for a considerable period in the Department I now have the honour of leading. He is right to talk about the financial consequences of breakdown. It is important to note the commitment made by my noble and learned Friend Lord Keen in the other place by way of a letter dated 16 March to Baroness Deech, which has now been placed in the Library of each House, that we will consider how a review of the law governing financial remedies provision on divorce may take place. I give him that undertaking.
Sir John Hayes (South Holland and The Deepings) (Con)
I am extremely grateful to my right hon. and learned Friend for giving way. The Law Commission also recommended that rather than reducing the time that people can get divorced within from two years to six months, it should be reduced to nine months. Given his willingness to concede on the previous point, will he at least look at that again?
Robert Buckland
I am very grateful to my right hon. Friend. I know that he, like me, is a doughty champion not only for the family, but the need to reduce conflict. I know that he makes his point passionately, but I would argue that the way in which this Bill is constructed makes the so-called quickie divorce a thing of the past. The minimum terms that we are talking about provide an equality of approach that will no longer discriminate in favour of those couples who perhaps have the means and the wherewithal to either separate and live separately or to employ the sort of lawyers who can, shall we say, get things done in a more expeditious way.
I stress to the right hon. Gentleman that the six-month term that has been naturally focused upon is a minimum. There will be divorces that take longer than that for reasons of complexity relating to each relationship. The point is that there will not be divorces that can take place in as quick a time as eight weeks, as is currently the case.
Reform of divorce law is supported not only by the lawyers, judges and mediators, but by the Marriage Foundation and, importantly, by evidence from academic research. It is evident that the law does not do what many people think it does. It cannot save a marriage that has broken down, nor can it determine who was responsible for that breakdown. Allegations made in a divorce petition by one spouse about the other’s conduct give no advantage in any linked proceedings about arrangements for children or financial provision for a spouse, yet the current law can perversely incentivise conflict. It requires an applicant for divorce or for the dissolution of a civil partnership to provide details to the court of the respondent’s unreasonable behaviour if their circumstances mean that they need to divorce before a two-year separation period. The incentive at the very start of the legal divorce process to attribute blame can only serve to antagonise parties at the most difficult time in their lives. Moreover, the court in practice has limited means by which to inquire into such alleged behaviour and must often accept what is said by one spouse at face value. This can be a source of real resentment for the other spouse.
Mr Toby Perkins (Chesterfield) (Lab)
I congratulate the Secretary of State on what he has said so far. This is an important Bill that we look forward to supporting. Does he agree that this legislation is needed all the more because of the huge backlog in the court system right now, and that, alongside the important measures that he is introducing, we really need some Government heft to support our legal system and clear away that backlog?
Robert Buckland
The hon. Gentleman is right to talk about the caseload, which covid has exacerbated. He will be reassured to know that the senior judiciary and Her Majesty’s Courts and Tribunals Service are working every day to expand the current capacity, to open more courts as we move away from the peak, and to look at alternative capacity in order to get as many cases running as possible and to deal with what must be an agonising wait for many families and victims. I would say—and I know that the hon. Gentleman would agree—that this Bill is not about the immediate crisis. It has been brought forward after long consideration, and has been dealt with very carefully in the other place. Indeed, it went through most of its stages in this House during the last Parliament, and represents an important milestone in the evolution of our approach to the sensitive and difficult subject of divorce.
I was talking about the perverse position whereby the current attribution of blame does not benefit anyone or serve society’s wider interests. Instead, it can create long-lasting and often bitter resentment at the outset, precisely at a time when couples need to work together to agree arrangements for their children and their finances. Furthermore, the simplistic allocation of blame to meet a legal threshold does not really reflect the reality that responsibility for a marriage breakdown may be shared. Marriages sadly end for a multitude of reasons. Existing law does not reflect that reality, and the truth is that we have stretched the law for a number of years in order to set out behaviour particulars sufficient to satisfy the court and obtain a divorce—a form described by the former president of the family division, Sir James Munby, as intellectual dishonesty.
Andrew Griffith (Arundel and South Downs) (Con)
I accept the immense good faith with which my right hon. and learned Friend brings this Bill to the House, but does he share my concern, sadness and pain for the grandparents involved in any situation where there is family separation?
Robert Buckland
My hon. Friend is absolutely right to remember the wider family concerns, and the difficult position that grandparents—often on both sides of the divide—face when it comes to issues of contact and the welfare of much-loved grandchildren. He is right to remind us that that is a real dimension of the situation.
Robert Buckland
I will give way to my hon. Friend the Member for Winchester (Steve Brine) first, but I will come back to the hon. Member for Chesterfield (Mr Perkins).
Steve Brine
I have to be honest with the Lord Chancellor: I am troubled by his Bill, but I am not yet entirely sure why and I am listening for him to give me a reason. It almost feels as if we are trying to prevent something from pulling apart by seeking to bind it together even tighter—almost “What the law has bound together let no one put asunder.” Does he agrees that, as a society, we should invest more heavily in relationships, in preparation for marriage and in conflict resolution? I remember myself and Mrs Brine doing that, which is why we are so happily married—17 years next week. If that were the case, maybe fewer relationships would fail.
Robert Buckland
My hon. Friend makes the point extremely eloquently that all of us are concerned about the institution of marriage. Those of us who value it and who are part of it can see its benefits, but we are concerned to see a decline in its use—a decline in committed relationships. This Bill will not solve those problems. It will not stop those problems. This is a Bill about the legal process. I do not pretend that, through this legislation, we can solve some of the sociological issues that he raises, but he is right to look through the telescope the right way. My worry is that, however well-intentioned those who are properly concerned about the details of the Bill might be, we are in danger of looking through the telescope the wrong way if we focus our attention on this process, as opposed to what might happen at the beginning.
Mr Perkins
The Secretary of State is right about the conflict caused by the current system. Does he agree that the old adage is true, that it is a good man who can keep a wife happy, but it is an amazing man who can keep an ex-wife happy?
Robert Buckland
I could not put it better myself, and the hon. Gentleman makes his point with characteristic force.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will my right hon. and learned Friend give way?
Sir Robert Neill
I am grateful to the Lord Chancellor, and I support the Bill. Is it not an important argument, which I hope my hon. Friend the Member for Winchester (Steve Brine) will take on board, that it is clear from research by practitioners and academics that the requirement to allege fault does nothing to protect the institution of marriage or alter the divorce rate or the breakdown rate? That is exactly why it is right to look through the right end of the telescope, not the wrong one.
Robert Buckland
My hon. Friend will recall his Court of Appeal appearances, where the tribunal might have said, “Mr Neill, that’s your best point. You needn’t go any further.” He makes an important point on the issue of blame; it does not help anybody when it comes to these issues.
The clear purpose of the Bill is to reduce conflict, because conflict does not help when it comes to the legal end of a marriage. That can only be to the advantage of divorcing couples and their children, because children’s best interests are most clearly served by the reduction of conflict and the co-operation of divorcing parents who work together to ensure that they co-parent effectively. The Bill will help couples to focus on a more constructive way of collaborating in making future arrangements that are best for their family—in essence, looking forward rather than backward.
Sir John Hayes
I am grateful to my right hon. and learned Friend for giving way a second time. The acid test is: as a result of this legislation, will there be more divorces or fewer? It is my contention that if we make something easier, people are more likely to do it.
Robert Buckland
I understand entirely my right hon. Friend’s concerns. The number of divorces has declined in recent years, but that perhaps goes back to the point made by my hon. Friend the Member for Winchester about the beginning of it, because the number of marriages has declined in proportion since 1972, just under 50 years ago. Taking the long view, one should focus upon the beginning of the process—the nature of the commitment, the solemnity of that commitment and the importance of that relationship and that commitment—rather than the detail of the end process.
This Government’s proposals will apply equally to married couples and civil partners. While I conveniently refer to the concept of marriage and divorce, the principles and effects apply equally to civil partnerships and their dissolution. Husbands, wives and civil partners will no longer need to produce or face a real or perceived catalogue of failings in respect of their most intimate relationship. There is a strong common view underlying the proposals in the Bill, built upon the foundation of a significant evidence base.
Sir Edward Leigh (Gainsborough) (Con)
Of course, it is not necessary to make any allegation under the present law—people do not have to prove fault if they rely on separation. In addition to the present grounds for divorce, why do we not go down the Scottish route of having a no-fault provision, perhaps of a year? In Scotland, all but 5% of divorces are no-fault. Why do we not have a moderate measure such as the one in Scotland?
Robert Buckland
As ever, I am grateful to my right hon. Friend for his constructive approach. He quite properly seeks to make a comparison with a nearby jurisdiction—a next-door jurisdiction—but I believe that taking a more comprehensive approach will cure problems for the long term. Rather than encouraging a piecemeal approach to divorce reform—in other words, coming back to it in very short order—we are creating a Bill that will, I believe, endure for a considerable period of time.
Let us remember that the evolution of divorce law has involved significant moments in parliamentary history: there was the Matrimonial Causes Act 1857 and the Divorce Reform Act 1969, which of course led to the Matrimonial Causes Act 1973, which brought together a lot of the legislation on such issues. These things are not done, and I do not think they should be done, from Parliament to Parliament; they should have a longer shelf life, bearing in mind the gradual evolution of the law in this area.
Martin Vickers (Cleethorpes) (Con)
Will my right hon. and learned Friend give way?
Robert Buckland
I will just make some progress. I will of course allow for interventions in a proportionate way, remembering the time pressures that we are all under.
The Bill purposefully does not seek to change the other aspects of divorce law for financial provision—I dealt with that issue in my response to an intervention from my hon. Friend the Member for Huntingdon (Mr Djanogly). It is more than half a century since the Divorce Reform Act 1969 gave rise to the current law. There is only one legal ground for divorce or dissolution—namely that the marriage has broken down irretrievably—but existing law requires that the petitioner must satisfy the court of at least one of five facts before the court will hold that the marriage has broken down irretrievably. Three of those facts—unreasonable behaviour; adultery, which does not apply in respect of civil partnerships; and desertion—rely on the conduct of the respondent. Two of those facts rely on the parties’ separation—namely two years, if both parties consent, and otherwise on the basis of five years’ separation.
Around two out of five divorces in England and Wales currently rely on the two years’ separation fact. The parties must have been separated for at least two years before the presentation of the divorce petition. However, that route to divorce can be used only if the respondent consents; if the respondent does not agree, it is a five-year wait before the divorce can be granted.
Around three out of five petitioners for divorce rely on the conduct facts—that is, unreasonable behaviour, adultery or, in rare cases, desertion. In only around 2% of cases does a respondent indicate an initial wish to contest a petition. Such initial opposition can often be driven by strong disagreement with what has been said about them by the other spouse in the petition. Of those contested petitions, each year a mere handful proceed to a trial at which the respondent’s case is heard. It is abundantly clear that marriages are not saved by the ability of a respondent to contest a divorce, because marriage is—has to be—above all things a consensual union.
I set out at the beginning that the current law incentivises many divorcing couples to engage in proceedings that quickly become acrimonious, even if it had been the intention to divorce amicably. Research shows that spouses are often surprised when told by a solicitor that they must either choose to wait a minimum of two years to divorce or be prepared to make allegations about the other spouse’s conduct. Although this is no longer the world of the staged scene of adultery in a hotel so criticised by the great A. P. Herbert, former Member of Parliament in this House and the author of the Matrimonial Causes Act 1937, it is right that we pause for thought about a situation wherein the law and circumstances are stretched in a way that does not help anybody, least of all the lawmakers themselves. It is a great poetic irony that A. P. Herbert went on to write the smash-hit musical “Bless the Bride” some years after he helped to author that major reform to the law of divorce, but perhaps that story itself makes an eloquent point: those of us who seek to make changes in this sensitive area of the law can, in the same breath, absolutely celebrate the institution of marriage and the values that surround it.
Steve Brine
I have found the reason I referred to. I think the unease that many feel about this legislation is the timing of it—the so-called lockdown break-ups. I can understand why that is a sensitive issue at a sensitive time on what the Lord Chancellor rightly says is a sensitive matter. What would he say to those who oppose this legislation on the grounds that it is a difficult time to be introducing so-called quickie divorces?
Robert Buckland
First of all, no time is an easy time. This is a sensitive matter at all times. Secondly, these are not quickie divorces. We are regularising the position to end the so-called quickie and to equalise the position with regard to minimum terms. We must, I believe, accept that divorce is a sad and unhappy consequence of relationship breakdown, not a driver for it.
Martin Vickers
I thank my right and learned hon. Friend for giving way. I am listening hard to what he is saying in the hope that he might be able to persuade me to support his Bill. I know that he brings it forward with exactly the right motives. He talks about the evolution of our divorce laws and the long-term view and so on, but will he accept that over the past 30 or 40 years, each time that we have made a change, we have said that we are putting in safeguards and putting additional support into mediation or whatever it had to be, but the trend has continued in the same direction? This Bill has been labelled, for better or worse, the quickie divorce Bill and labels stick. Will he accept that that gives the wrong signal to society?
Robert Buckland
I entirely agree with my hon. Friend on his last point.
This is not—I repeat not—a quickie divorce bill, and he is right to say that we in this House owe it to all our constituents to send the right message. Let me put it straight—this is a matter that he might not agree with: I do not believe that issues of reform of the process of divorce are germane to the issue of marriage itself. The question that was posed by my hon. Friend the Member for Winchester (Steve Brine) is indeed the right one, about society’s attitudes to relationships, the values that are inculcated in young people, and the level of understanding and insight into the nature, degree and complexity of the commitment to join in union, whether it is marriage or civil partnership. All of those are actually the relevant issues to the future of marriage and this Bill will not, should not, and does not have a consequence for those issues.
Jonathan Gullis (Stoke-on-Trent North) (Con)
As someone who is tragically going through the divorce process and has had to put blame on my partner when I would have preferred to have had a no-fault divorce, I ask my right hon. and learned Friend to reaffirm the message that this is, in no way, a quick decision. As someone going through this process, I can say how painful it is. It was not a decision that I came to easily, but this type of legislation would not require the burden of guilt to be applied to one person or the other.
Robert Buckland
My hon. Friend has shared a difficult and sensitive experience with the House, for which we are grateful, and he puts it extremely powerfully. This is not about blame or guilt; it is about acknowledging the fact that the causes of divorce are very complex and will evolve often over a long period of time. I am grateful to him for his powerful contribution. No one benefits, least of all the children of the relationship, from the requirement for parties to dredge up the past in order to end a legal relationship that is no longer beneficial or functioning. It is not in the public interest and cannot be right that the law would encourage one parent to be pitted against the other, when we all know the deeply damaging impact that parental conflict has on children.
Indeed, the limitations of the court process are not particularly well understood by the public. Under existing law, the legal fact that many people choose as their route to divorce bears little resemblance, as my hon. Friend says, to the reality of why a marriage has broken down. A respondent may have behaved despicably, yet a petitioner may reluctantly decide to rely on two years’ separation through fear of abusive repercussions should he or she allege unreasonable behaviour. Likewise, a petitioner may, from a desire not to have to wait for two years, feel compelled to embellish the unreasonable behaviour of a respondent beyond what one might ordinarily expect in normal marital discord. The concept of unreasonable behaviour is also purely subjective, so that what is unreasonable to one spouse in a marriage may not be at all unreasonable to another spouse in a different marriage.
Alexander Stafford (Rother Valley) (Con)
Will my right hon. and learned Friend give way?
Robert Buckland
I need to make some progress, because I am conscious of time.
The lack of transparency and objectivity means that a spouse who is trying not to cause unnecessary hurt risks not meeting the legal threshold. That has consequences, for example, for victims of domestic abuse and can lead to the manufacture of blame between couples who might have grown apart entirely amicably.
What we are creating is a level playing field. Our equal-handed approach will allow all couples to use the same legal process and will not favour couples who can afford to live apart before their divorce. Vulnerable parties will no longer have to work out whether they can afford to be separated for two years, or face the danger of presenting conduct particulars in respect of an abusive spouse. Our proposals remove many obstacles currently faced by victims of domestic abuse in the legal process of divorce. Victims will not have to place themselves in danger by detailing their abuser’s conduct; they will not have to remain in a legal relationship for a further two or more years in order to rely on a separation fact; and they will not have to fear an abusive spouse exerting their control by contesting the divorce. This position has to be changed, and divorcing couples must be given every opportunity to avoid conflict.
In developing our proposals, we have reflected on a wide range of views, including from the profession, the judiciary and couples themselves, that emerged during our consultation process and from evidence given during consideration of the Bill in the previous Session of Parliament. We have also considered and continue to consider carefully the views of those who oppose reform, although, with respect, I think that there is something of a disconnection between what some think the current law does and what it actually does.
With all that in mind, I will talk briefly about the measures in the Bill. The two stages of divorce and dissolution are maintained. The current decree nisi and decree absolute become a conditional order and then the final order. Always, the intention is to make the process more understandable and more accessible to everyone who seeks to use it, but we have retained the two-stage process because it ensures that a divorce is never automatic; rather, the decision should be considered and intentional at each stage. The reform will retain irretrievable breakdown as the sole legal ground for divorce and dissolution, but replace the current requirement to evidence that with a conduct or separation fact, as outlined in the statement of irretrievable breakdown. Indeed, the statement itself will be conclusive evidence that the marriage or civil partnership has irretrievably broken down; it therefore removes the possibility of contesting the decision to end that relationship, which currently only 2% of spouses do. Importantly, and for the first time, couples will be able to make a joint application where the decision to divorce is mutual. That will create a level playing field for joint applicants and encourage them to work together from the very beginning of the process.
As I have said, the new minimum period of 20 weeks is all part of the drive to create an equal, level approach. It ends any suggestion of so-called quickie divorce. In addition to the 20-week minimum period, the current six-week minimum period between conditional and final orders will remain, so six months is a minimum, not a maximum or absolute time limit. As is currently the case, a conditional order may not be pronounced unless the court is satisfied in relation to service on the respondent.
We are aware of the concerns of hon. and right hon. Members and the Law Society about the question of delayed service where this is done by the applicant’s spouse, and we will of course work with the Family Procedure Rule Committee on that point, and indeed on the point about making sure that divorce does not end up being a complete surprise to a respondent who perhaps knew nothing about service. We will, through the Family Procedure Rule Committee, make sure that those important concerns are dealt with.
Our proposals allow time for the applicant to consider the practical implications of the important decision to divorce. We estimate that, under the new law, the legal process of divorce will take longer for about four fifths—80%—of couples, after taking account of the projected impact of the take-up of the streamlined, digitised divorce service. That means that the question of quickie divorce is one that is wholly refuted, I believe, by the provisions and, indeed, the evidence that underlies this new reform.
The Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), will, in his summing up, deal with other points that arise through the Bill. I know hon. Members will have read its provisions and it would perhaps be idle of me to go through all of them in order. This is not a long Bill, but it is, I concede, a significant one—no, I do not concede; I make no apology for the fact that it is a significant Bill, because we are talking about the lives of people we represent, and about making this sensitive and difficult process an easier one.
Importantly, apart from maintaining the balance, we will retain the existing triple lock that requires an applicant to confirm the decision to proceed with the divorce at each of the three stages, meaning that divorce will never be, to coin a phrase, automatic. First, the applicant must apply for the divorce; secondly, they must, after the end of the minimum 20-week period, confirm to the court that it should make the conditional order; and, thirdly, following the expiration of a further minimum six-week period, the applicant must apply for the final order of divorce.
This, I believe, is a measured Bill, which we shall implement in a measured way. I pray in aid the spirit of one of my predecessors, the great Tory Lord Lyndhurst, who, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) will know, was no lover of reform. But at the end of his long and distinguished parliamentary career in the other place, he spoke passionately about the rights of women and the abandoned party in Victorian marriages, and paved the way, as a Tory, for the Matrimonial Causes Act 1857. He is a predecessor whom I invoke today, and in whose spirit I move the Second Reading of this Bill.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Before I call the shadow Secretary of State, I need to inform hon. and right hon. Members that I will need to impose a time limit because the debate has to finish by 10 o’clock. I will start the time limit at five minutes for Back Benchers. In the meantime, I call David Lammy.
Mr David Lammy (Tottenham) (Lab)
I thank the Secretary of State for his speech introducing this important piece of legislation. Labour welcomes this Bill, which offers a common-sense approach that continues to respect the institution of marriage and civil partnerships, but avoids unnecessary antagonism and costs for people dealing with an often incredibly difficult time in their lives.
Sir James Munby, the former eminent president of the family division, has described the current divorce laws and procedures as “hypocritical” and based on “intellectual dishonesty”. As Sir James pointed out in his damning judgment in the infamous case of Owens v. Owens, the requirement of many couples to evidence unreasonable behaviour can lead to farce.
It was 30 years ago now that I studied Evelyn Waugh’s “A Handful of Dust” for A-level English, and as the Secretary of State might recall, in the case in Waugh’s novel, the character Tony is forced to spend a platonic weekend in Brighton with a sex worker to fake evidence to allow his divorce. That, of course, was set in the early period of the 20th century. It is surprising that it has taken that long to update these laws.
Divorce is an unhappy event in the lives of many. It has a profound effect on families, and on children in particular. It is important that the law does not force couples into an adversarial contest when a breakdown in a relationship occurs, but allows and encourages them to resolve matters in a constructive way. The Bill modernises the law, which has been fundamentally unchanged for more than half a century, so that it better reflects the realities of a breakdown in a relationship, better protecting the most vulnerable who attempt to come out of an abusive relationship and simplifying the process of ending a marriage or civil partnership without undermining its social and cultural importance.
The divorce process today is archaic and confusing to most people as they enter into an emotionally fraught process. The law forces parties who are going through a divorce to choose between evidencing one of the three fault-based facts about their partner: unreasonable behaviour, adultery or, less commonly, desertion. If neither party is willing to make such an application, the parties must separate but remain married for a period of two years, or five years if one party disputes the divorce. The option for couples today is entering into a lengthy and costly adversarial legal proceeding, or delay and legal limbo.
Both routes lead to difficulties for all and a real risk of harm to others. Couples who enter the process amicably can be quickly pulled apart by the law. There is an incentive for each party to make accusations about the other’s conduct, and that cannot be right. Some couples can easily live apart and bide their time, but for others, moving into separate accommodation without a finalised divorce and any financial settlement is impossible. That is why so many charities and campaign organisations that work with victims of domestic abuse have called for reform in this area for many years.
The new law will allow and promote conciliation and compromise. That will be of real help for families and children of broken relationships. Importantly, it will reduce legal costs that can quickly reach eye-watering sums, quite unnecessarily.
Sir John Hayes
I am so pleased to see the right hon. Gentleman back on the Opposition Front Bench. He is a dear old friend, but he is quite wrong about this. These provisions declare at the outset that the marriage is irreconcilable. If that happened at the end of the process rather than the beginning, he would be right; an opportunity for reconciliation, and perhaps rethinking, as a result of counselling might be possible. That is not the case with the proposals we have before us tonight.
Mr Lammy
I am grateful to the right hon. Gentleman. Ever since I first came into this House, it is true: we have had a sort of friendship across the aisle. I say that with a degree of humour, to which I know he is disposed himself. He raises an important issue, but I think the point is that the Bill allows for a period in which couples can reflect, and for mutuality between partners. We in this country are taking an important step, whereby two adults contemplating the breakdown of their relationship can reflect and pause, or come to a mutual agreement and step away from some of the antagonism that the system used to create.
First, the new law does not force couples into an adversarial dispute, but allows for an account of the breakdown in the relationship to reflect nuanced reasoning. That is provided by a simple statement. Importantly, for the first time couples will be able to make this statement jointly. In many circumstances, this will help couples to work together constructively to put a legal end to a relationship that is already broken. Indeed, the new law means that couples will now have the option of a joint application for divorce—a welcome and sensible new provision that must be good for children in particular.
This approach strikes the right balance between respecting the profound role marriage and civil partnerships play in our society, while also allowing for amicable resolution to relationships ending. This is not the introduction of shotgun divorces. The process will still take time, providing for reflection and perhaps a reunion. The new law has been welcomed by many relationship and family charities, such as Relate, which has long called for reform in this area. The minimum time for the application to a final divorce will be 26 weeks, which Relate has welcomed as providing the time to reflect, to give things another go if appropriate, and to access counselling and mediation. In reality, of course, couples have often contemplated and discussed separation for a long time before legal proceedings begin.
Secondly, the Bill ends a reliance for amicable couples unwilling or unable to make allegations about one another to separate and remain married for a further two or sometimes five years. This leaves couples in limbo, married but unable to make other arrangements. The current law is often counterproductive to any hope of reconciliation, as it can put off couples from moving back in with one another for fear of having to start the separation process once more. This can also be incredibly dangerous. Women’s Aid has highlighted the barrier for many women leaving abusive relationships, which is compounded by current divorce law. With over half of survivors of abuse shown to be unable to afford to leave the family home and with the decline of refuge accommodation, women are forced to rely on fault-based facts in any divorce proceedings, making accusations in litigation that can often increase their risk of harm. Indeed, figures show that 77% of women killed by their partners are killed in the year following separation. The current law also drags out the process of separation, which can affect the vulnerable in society. Many women have reported that lengthy divorce proceedings, and the adversarial nature of them, have given an opportunity to abusers to continue to torment them. It may be claims of a lost marriage certificate, not attending court or issuing spurious cross-allegations, but a perpetrator can prolong proceedings, causing more harm. Some people’s circumstances require a faster conclusion to the legal relationship. The Bill will go some way to helping them.
More broadly, the law as it stands discriminates against those on low incomes. For some who can afford to live separately, a no-fault divorce is perfectly viable, but others must make accusations of the other’s behaviour if they cannot afford such an arrangement. The Law Commission recognised that all the way back in 1990, stating:
“It is unjust and discriminatory of the law to provide for civilised ‘no-fault’ ground for divorce, which, in practice, is denied to a large section of the population.”
This Bill rights that wrong and it is long overdue.
Thirdly, the Bill removes the opportunity to contest a divorce. However, in reality, even now a party cannot simply argue that they want to remain in the marriage, but must identify a legal reason why the divorce must be refused. The law as it stands does not prevent disputes or help to bring about reconciliation, but instead only serves to aggravate a conflict that can be manipulated by perpetrators of domestic violence to further torment a partner. The Bill safeguards important procedural challenges—jurisdiction, fraud, coercion—but it will prevent the unnecessary dragging out of traumatic proceedings.
Finally, the Bill modernises the language of divorce. While a modest reform, many family practitioners in this area speak of their clients’ bewilderment at terms such as decree nisi and decree absolute. More accessible phrasing is important. It is a reminder that the law must serve all people, not just those who are legally trained.
Therefore, Labour welcomes this Bill, but these reforms must be put into context. The cuts to legal aid over the past decade mean that parties do not receive any support—none at all—in divorce proceedings, whatever their financial circumstances. In the year immediately preceding the Legal Aid, Sentencing and Punishment of Offenders Act 2012, 58% of parties were recorded as having legal representation in family cases that had at least one hearing, but that has reduced to just 36%, which means more people are acting as litigants in person during the divorce process. If a separation is acrimonious, the lack of legal advice can make an already stressful situation even worse. In courts across the country the effects of that are being felt: hearings take longer; more are emotionally heated without a focus on the law, because there are no lawyers representing the parties; and the process is more burdensome and stressful for all concerned—the judiciary, who have to hand-hold the parties through the process, and the parties who have to represent themselves.
The lack of legal advice can also lead to delay. Despite the Government introducing online divorce applications, the average time from the first stage to completing the divorce was 58 weeks last year, an increase of three weeks. The delays have effects on the couples, who often want to get on with their lives but are held back by a lack of early legal advice. Without such professional advice, the process for the parties, their families and, in particular, children, is inevitably emotionally strenuous. As Baroness Hale said, upon leaving the bench:
“It’s unreasonable to expect a husband and wife or mother and father who are in crisis in their personal relationship to make their own arrangements without help”.
She has also highlighted something else that is not fair, which is the potential for an imbalance in resources because of the lack of access if, for example, there is a wealthy applicant and a respondent without access to funds. Some studies suggest that legal fees for divorces can cost £8,000, on average. That is simply unaffordable for large groups in the population, but there is no legal aid provision at all. Ironically, the legal aid system introduced by the Attlee Government with the aim of guaranteeing access to justice was initially focused on divorces, where numbers rose exponentially after the war; after a decade of a Conservative Government, it is not provided for at all in these circumstances. The Bill will certainly help couples going through this process, but further investment in legal aid is necessary to ensure that justice is being done fairly for all. I hope that the Secretary of State might say something about the position on legal aid during the course of this Bill, but Labour supports this Bill and will support the Government in the Lobby.
Sir Robert Neill (Bromley and Chislehurst) (Con)
This is an important Bill and I support it, because I am a practising Anglican and because I take marriage seriously. If I thought it undermined marriage, I would not support it, but I genuinely do not think it does. I do not believe that anyone embarks upon a marriage intending it to break up—I did not with my first marriage, but it did. As my wife and I were both people of faith, that created heartbreak for us, as it would create concern for many of my right hon. and hon. Friends who have concerns about the Bill, but the sad reality is that divorce often comes at the end of a lengthy period of breakdown and is not, of itself, the catalyst.
It behoves those of us who wish to have a civilised justice system to make it possible for that sad reality to be dealt with in as civilised, compassionate, swift, and humane way as possible, not least if there happen to be children from the marriage, or where one of the parties might be vulnerable, financially or in other ways.
The requirement to prove fault as one of the facts to show irretrievable breakdown unhappily does not help that process—hence my intervention on the Lord Chancellor —and regrettably it imports, at the very beginning, a degree of antagonism into a legal process. Indeed, it goes further than that, as Sir James Munby, a distinguished former president of the Family Division observed, because it almost encourages people to be intellectually dishonest and to game the system. It cannot be right that all too often—I say this having spoken to many practitioners in the field—the first discussions between the two parties’ solicitors will be along the lines of, “What is the minimum allegation that my client can make against your client, that will meet the test but will not cause undue offence?” That is a pretty painful, and rather sad and dishonest process for people to have to go through, and it detracts from what ought to be the real point of saying, “Can we make sure that the parties are left in the best possible position, either financially or in terms of the children?” Removing that degree of antagonism, delay, and cost seems to me a civilised thing to do.
It is neither humane nor particularly Christian to trap people in an unhappy marriage, particularly if one of the parties is unable to move out of the matrimonial home and that prolongs matters. I therefore welcome the Bill, and it is significant that it is supported by Resolution, which represents 6,500 family law practitioners. The Bill is also supported by every senior member of the judiciary with experience in the family field, and it chimes with my experience as a young barrister, when I did some family work before moving on to other spheres of activity.
Finally in support of the reasons for the Bill, I say this. If there is to be protection, it is important that the Lord Chancellor retains the protection in paragraph 10 of the schedule for the financially vulnerable claimant, given that under the Bill, conduct can be taken to the courts when assessing the appropriate measures to take. The right place for any conduct to be considered is when working out arrangements thereafter; we should not be creating an antagonistic start to recognising the breakdown of the marriage, yet that has happened. If conduct is relevant—often it is not—let us consider it in the right place, and that is what the Bill does.
Finally, I will pray in aid someone whom I quoted in an earlier debate on a Bill almost exactly like this one during the previous Parliament. That Bill was not opposed at Second Reading, and I hope that my right hon. and hon. Friends will reflect before opposing this Bill tonight. Sir Paul Coleridge, chairman of the Marriage Foundation, and a former High Court judge of the Family Division, practised family law throughout the whole of his career—again, he happens to be a practising Christian. His conclusion was that the current situation is an intolerable block on people’s ability to move on with their lives. Waiting for the five or two-year period of consent does not reflect the fact that if there has been a lengthy breakdown, people may already have met other partners or be hoping to have new families and move on. Indeed, he went further than that and said that we now have a system that drives people to lie to the court if they are not prepared to wait for two years or longer. That is wrong—we cannot have a justice system that encourages that. Sir Paul Coleridge said:
“An intelligent process to end unsustainable marriage is good for the reinvigoration of the most important social arrangement yet devised for mankind.”
That is a broad and humane view, and I endorse it in the House.
Stella Creasy (Walthamstow) (Lab/Co-op)
I rise to join my colleagues on the Front Bench in supporting the Bill, which recognises the tragedy that happens when a relationship breaks down. The last thing anybody wants is for the state to be a barrier to people being able to move forward from that. I also rise on behalf of a small number of young people—indeed, Ministers could be advocates for them—who are those affected by their parents’ status of divorce, and the way that we see marriage within broader public policy making. We do not often get legislation on marriage, so I hope the Minister will forgive me for taking the opportunity to make this plea when discussing the Bill. He talked about sending signals. I think we are quick to jump to send signals to the parents and we must not, at the expense of the children, damage the children’s lives.
I am talking about, in particular, the group of children who may not only face their parents becoming divorced but then might also lose a parent—and, in particular, their entitlement to support under our current system through the bereavement support system. There are 2,000 families every single year who face the horror of losing a parent, whether through a terminal illness or a sudden death. Indeed, in our current circumstances, there may be families right now who are facing this situation through the horror of the virus that has taken over this country. Those families discover that because of their status under our current legislation, they are not entitled to support, so the children face destitution.
Many of us will have seen these families in our constituencies, given the 3.5 million people who choose to have children and decide not to get married. I know that marriage is something people feel very strongly about in this debate. There are also families where, when the parent gets divorced, those same entitlements are lost to the child. We are unusual as a country in attaching the entitlement to support to the parent rather than the child. When we talk tonight about the financial situation that divorce might create and how we might support families, I ask Ministers please not to forget these children and not to forget the opportunity that we might have through this Bill to learn from other countries which have what they call orphans’ pensions.
Five families every single day find, when a family member dies, that their child cannot seek to benefit from the entitlements built up through the state pension. It is the same for children of divorced parents if a divorced parent dies; the child loses that entitlement. I think of families such as the family of Laura Rudd. She was not married to her partner, who went out for a jog and did not come home, and her son Noah has been left destitute as a result. Children in my constituency also face that experience.
It would be very easy simply to reflect that when we want to support marriage we do that with the parents—with the consenting adults—but the way in which our financial system works serves to penalise children for the choices that their parents may make. I know from listening to this debate that that is not the intention of Ministers, but it is the outcome of the way in which we see marriage, and thereby the laws around divorce.
Ministers talk about supporting families, so will the Secretary of State work on this with his colleagues in the Department for Work and Pensions? Will he use the opportunity of legislation that looks at divorce, families and the entitlements that parents might have with their children and not miss the chance to right a historical wrong? Indeed, when he talks to his colleagues in the DWP, they will tell him of legal cases—human rights cases—that have recognised the discrimination as a result of bereavement support allowance against children of parents who are not married, or who have divorced. The Government have been asked to address this issue for over a year now, and yet we have not had a resolution to it. That is because of the way in which we construct marriage within our public policy making.
This Bill will help to support people in that terrible moment when they find that their relationship cannot continue any longer. That is a tragedy for all concerned. It is a tragedy whether people have spent many years together and decided not to marry, or have married and decided that their marriage should break down. But in all of this, we all have a concern for the children. It surely cannot be the intention of any decent Government to put into destitution children who suffer through no fault of their own the double tragedy of a parent dying and a relationship breaking up. I therefore ask Ministers: please do not miss this opportunity finally to do something about bereavement support allowance and to make sure that we support every child in every family so that no child is penalised for the choices of their parents.
Andrew Selous (South West Bedfordshire) (Con)
This Bill is aimed at minimising conflict between separated couples to make divorce not easier, but kinder. Divorce will take a minimum of six months, with an average of four out of five divorces taking longer than under the existing law.
The Family Law Act 1996 identified funding for relationship support services as a necessary part of divorce reform—an approach that has been sustained by successive Governments since the Denning report of 1947. In 1999, the then Lord Chancellor, Lord Irvine, said that the three objectives of the 1996 Act were, first, supporting marriage; secondly, saving saveable marriages; and, thirdly, where marriages had sadly broken down, bringing them to an end with minimum distress. I will always stand up and fight for people, whether they are married, never married or divorced. I also passionately believe that marriage is one of our most important and valued institutions, which we neglect at our peril. The benefits of a couple pooling their resources, time and energy are fantastic.
On the first objective of supporting marriage, marriage rates are at their lowest level since records began in 1862. Even more worryingly, the Marriage Foundation points out that 87% of mothers from higher income groups are married, compared with only 24% of mothers at the bottom of the income scale, so the marriage gap is widening, which is a social justice disaster. We need marriage for the many, not the few.
The Bill is silent on marriage and relationship support, which is not good enough, given that there is no assurance of funding for this work after the end of this financial year. We know from research concluded after the 1996 Act that one in 10 marriages was saved at the point of divorce by offering counselling, and that half those offered counselling took it up and better managed the divorce process. Much greater provision of the separated parents information programme is something that we owe children, to reduce the distress that many will experience when the divorce process is badly managed. Prevention is always better than cure, which is why the provision of marriage and relationship support services is so vital. We should celebrate much more the work of the Relationships Alliance and its constituent members—Relate, Marriage Care, OnePlusOne and Tavistock Relationships. They are all on the frontline, battling for social justice and a better society.
Local authorities such as Rochdale, with its relationships champions programme, which I visited, lead the way among local authorities. Charities, voluntary groups and faith groups, such as Toucan, with its “build a happier, healthier life together” work; the inspirational Nicky and Sila Lee, with their marriage preparation course and marriage coursework; and Soulmates Academy, run by the redoubtable Jonathan and Andrea Taylor-Cummings, all do brilliant work and should be commended.
The Government need a cross-departmental programme to bring the work of the brilliant antenatal charity Dads to Be into every NHS hospital, not only the three that it operates in at the moment. We should ensure that marriage registrars provide signposting to the very best marriage preparation; that all GPs are as good as the very best in signposting to relationship support; and that brilliant charities such as Explore, which does such excellent work in our schools in giving children good role models for what healthy, happy, committed and respectful relationships and marriages look like, are supported. All these individuals, groups, churches and other faith organisations are doing brilliant work on the frontline and deserve our thanks and support.
As we look to rebuild our economy after the ravages of covid-19, it is not only economic matters that need our attention but the fractured and hurting relationships that we need to repair to a healthier, more respectful and more committed state. Next month, it will be 19 years since I made my maiden speech in the House. On that occasion, I spoke of the importance of the family and of strengthening family relationships, and it grieves me that the situation has got worse, not better, in those 19 years. I stand here saying the same as I said to Labour Governments in those first nine years and to coalition and Conservative Governments since: we need the political will—together across this House, from all our political traditions—to put this issue higher up the political agenda. It is a social justice matter, and it is for everyone. I implore the Government to take it seriously, and to remember that we stood on a manifesto that said strong families are the key to a strong society.
Mr Toby Perkins (Chesterfield) (Lab)
I very much enjoyed the speech by the hon. Member for South West Bedfordshire (Andrew Selous), who gave us all food for thought, and I welcome entirely the spirit in which this debate has taken place so far. I do not know whether I ought to declare an interest, because after 21 years of marriage, I am sadly in the process of going through a divorce.
The primary concern of everyone who has children and is going through such an unhappy incident is the impact that it will have on their children. I think that the current legislation does lead to unnecessary additional conflict and blame, so the Government are right to pursue this important legislation at a time when they are extremely busy.
In speaking in this debate, I am carrying on in the family way, because my great-grandfather, A. P. Herbert, was the original author of the Matrimonial Causes Act 1937. Some unkind remarks may be made to the Minister in Committee, but A. P. Herbert would have thought of that as a very easy ride, compared with what was said in 1937 when he brought that legislation through. The Secretary of State was right to stress that wanting to assist couples to split in as amicable and blame-free a fashion as possible does not in any way undermine what marriage is all about, or fail to recognise the crucial role that that institution plays in our society.
It is important to recognise what the current process does. It not only moves couples down the route of having to find blame and conflict, but includes the role of the court—the state—in deciding whether or not people should be married. The state does not consider that it has anything like the same level of responsibility for deciding whether a couple get married in the first place—if they meet at 4 o’clock and decide at 8 o’clock that night that they want to be married, the state considers that none of its business. So why, if a couple come to the conclusion that they should no longer be together, should the state consider that it is its business to investigate whether they are right?
I will leave it there, but I welcome what the Government and my right hon. Friend the Member for Tottenham (Mr Lammy) said and the spirit in which this debate is taking place. I hope that we will all keep in mind the need to ensure that couples who sadly reach the conclusion that they must separate are able to do so in as amicable a fashion as possible.
Sir Desmond Swayne (New Forest West) (Con)
The law should have majesty; it should be awesome. May I ask the Secretary of State to resist this fetish for translating everything into newspeak?
There is fault in divorce. We all know that. It is a question not just of unreasonable behaviour, but of abominable, disgraceful and outrageous behaviour. But I accept the principle of the Bill—namely, that by trying to attribute fault, we vastly magnify the bitterness and unpleasantness of the conflict that divorce creates. We have all experienced in our surgeries those parents who continue to use their children as weapons in prosecuting a continuing war against their former partners. The removal of fault will not remove that entirely, but I am confident that it will certainly diminish it.
My problem with the Bill is with respect to the streamlining and potential shortening of the process. The difficulty I have is this: by making divorce more straightforward and easier, it becomes the first resort, rather than the last. It becomes the easy and quicker way out, vastly reducing the potential for counselling and reconciliation. We should remember that divorce is the swiftest route to poverty. Of the people who might come through the door during one of my morning surgeries, if you scratch the surface of their problem—whether the problem presents as debt, housing, education or access to children—nine times out of 10, divorce and family breakdown are the root cause. And the easier we make divorce, the more we shall have of it.
Sir Edward Leigh (Gainsborough) (Con)
I have been married to the Conservative party for a very long time, and I have no intention of divorcing her, but I have to say that she drives me to distraction. I do not know why I do not have a calm partner who can get on with doing the things we do best, such as providing a smaller state, lower taxes and strong defence. Why do we always think that we have to adopt an extreme liberal agenda? This Bill is part of a liberal agenda, because it is saying is that we can remove the ultimate pain by making things easier, but that simply does not happen very often in life.
We could have brought in a moderate measure. No one has to allege fault under our present law. If there is a separation, no fault is alleged. As I said in my intervention on the Secretary of State, we could have done what the Scots do—how sensible they are—and brought in a provision that, in addition to the existing provisions, someone would simply have a no-fault divorce after, say, a year. But no, we are rushing this through. We are saying that people can get their divorce after six months. They will not even have to prove proper service. They could be divorced within a matter of weeks. Really, the Secretary of State has to do better in reassuring us, because the message we are sending out tonight is that we are engaged in making quickie divorces easier, and I am not sure that that is the right message for us to be sending out, particularly at this time of family stress during lockdown.
In the last Parliament, this Bill was promoted by David Gauke. How much we all miss him! He carried out a consultation, but he ignored what the consultation said. We know that 80% of the people who were consulted opposed this measure. In another poll, 72% said that if we were to bring in compulsory no-fault divorce, people would get more blasé about divorce. I return to the point made by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes): it is obvious that if we make something easier, it will happen more often. That point was also made by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne). I assure you, Madam Deputy Speaker, that this is the lesson of history. If we bring in compulsory no-fault divorce in a six-month time frame, the result will be more divorces. And, as my right hon. Friend the Member for New Forest West said, the best way to propel women into poverty is through family breakdown and divorce. We already have one of the highest levels of family breakdown in the world, and now, rather than putting more money into supporting marriage and sending a message that we support marriage, we are sending a message that we want to make divorce even easier. Is that the sort of message that we want to send out to people?
Hon. Members might think that this is an obsession of the right, but listen to Hillary Clinton. She said:
“For much of the 1970s and 1980s, many believed that a bad marriage was worse than a good divorce. Now, however, we know that children bear the brunt of failed marriages…Divorce has become too easy because of our permissive laws and attitudes.”
That is not me speaking; that is Hillary Clinton, hardly an icon of the socially conservative right. But how wise she is! I assure you, Madam Deputy Speaker, that the result of this Bill will be more pain, more suffering, children seeing less of—usually—their fathers and more women propelled into poverty. Is this really what we want to achieve? The Secretary of State could have given some concessions. He could have said to my right hon. Friend, “I hear what you say, and I think perhaps I will be prepared to look again at the provision of six months.” He could have said that he was prepared to do what the Law Society suggested or to do what the Government were going to do 25 years ago, when I opposed a similar Bill, and have a one-year provision. But no, he is ploughing ahead. Everybody will get their divorce in six months. He could have told me, when I intervened on him, that he was prepared to think again about keeping some of the existing provisions. After all, there are many religious people—and maybe many who are not so religious—who would like to be given a reason why they are being divorced. Many people feel that marriage is a most important thing in their life. But no, the Secretary of State is ploughing ahead with the most extreme and most radical measure he could dream of. This is one of the most radical and most extreme divorce laws in the whole of the European continent. Why are we doing this now? Why are we not prepared to compromise? Why are we not prepared to give an unequivocal message that we believe in marriage and will support it to the hilt?
Danny Kruger (Devizes) (Con)
I accept the virtue of this Bill on its own terms. The Lord Chancellor has said that the Bill is concerned only with divorce, and if we are concerned only to make divorce smoother and less painful, I accept the Government’s case. However, I do not judge the Bill just on its own terms. It is not just about divorce, it is about marriage, and that is the crucial difference that I have with the Government.
What will this Bill do? Its practical effect is simply that couples will not have to wait for two years for a no-fault divorce, but will have to wait for only six months. I can appreciate that two years must feel like an eternity for someone who wants to move on with their life, but I suggest that the damage done to society and future generations by this Bill will be far greater than the distress of some people waiting 18 months longer, because what is really proposed is not just the speeding up of no-fault divorce, but the effective abolition of the marriage vow.
What is the difference between marriage and any other romantic relationship? It is this: people promise, in front of their friends and family and in a legally binding commitment, not to walk out. That is basically what it is, and it is an enormous promise. It is why the wedding service has these portentous words: marriage is
“a solemn, public and life-long covenant…No one should enter into it lightly or”
unadvisedly but reverently and soberly. This Bill proposes to abolish all of that—centuries upon centuries of precedent, upon which our society has been built—to say instead that the vows do not have to be kept; that it is not solemn, public and lifelong, but trivial, private and as long or short as people want it.
At the moment, a marriage can end only when the facts—the word “facts” is in our current law—show that the marriage is really over, either because of fault or a separation of at least two years.
Ian Paisley (North Antrim) (DUP)
If it is six months in 2020, is the hon. Gentleman concerned that in 2025 or 2030 it could be a handful of months?
Danny Kruger
The hon. Gentleman makes a good point. Indeed, there is already provision in the Bill to reduce the six months in exceptional circumstances, and we know where that could tend in future.
The reliance on objective facts is now being abolished in favour of a subjective declaration that one party wants out of the marriage, and that effectively means that the vows made at the beginning have no legal force and no moral value. That is why the Bill is about more than divorce.
Much has been made of the hypocrisy that fault-based divorce involves, with people claiming all sorts of things to prove the breakdown, but in trying to remove hypocrisy at the end of the marriage, we are introducing hypocrisy at the start. In the attempt to improve the integrity of the law, the Government are undermining the integrity of marriage.
I fear that this Bill is a great surrender. There were other ways to achieve the ends that the Government seek, namely to let people move on with their lives sooner than two years. We could have judicial separation after six months, so that people can settle their affairs before a divorce, including moving out of the family home. We could have the Scottish system, which is the same as ours, but with shorter periods—one-year separation for no-fault divorce by consent, two years for unilateral divorce. If we really want to reduce the conflict at the end of marriages, we should reform the law around financial provisions, as one of my hon. Friends said earlier, and improve child custody arrangements. These are really the sources of conflict, not the terms of the divorce.
All that said, I accept that this Bill is going to pass, although I hope the Government will consider some changes. They include extending the notification period from six months to 12 months; only starting that period once both parties are aware of it; making the declaration of irretrievable breakdown come at the end, not the beginning of the notification period, so that it is a meaningful period in which people can change their mind and reconciliation can be effected; and, to that end, agreeing proper funding of family hubs and couple counselling, which hon. Members have raised, including once an application has been made, because, contrary to myth, counselling can be effective, even at this late stage. I appreciate that the Bill reflects changing attitudes to marriage. I regret those changing attitudes, and I think my right hon. and learned Friend regrets them. Indeed, I think everybody does. In this place we need to lead the culture, not to follow. I hope that Ministers will reflect on the cultural effect of the Bill and think again.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
I very much agree with many of the sentiments that have been expressed in the Chamber tonight, but I wholeheartedly support my right hon. and learned Friend the Lord Chancellor in bringing this legislation forward. I want to explain why, with particular reference to the impact that conflict in relationships has on children. It seems to me that it is a fundamental tenet of the rule of law that it intends to ensure fair dealings between people, and where that is absent, that conflict is clearly going to have a much wider impact.
Department for Work and Pensions estimates show that currently 12% of all children, and as many as 21% of children in workless families, have parents who are in a distressed relationship. The Government’s national programme on reducing parental conflict has given many organisations, including some of those mentioned by my hon. Friend the Member for South West Bedfordshire (Andrew Selous), and the Early Intervention Foundation, the Association of Directors of Children’s Services and the Local Government Association, the opportunity to assess the impact on children of parental conflict—something hitherto little researched, but of increasing interest to local authorities that are the lead agency in supporting children in family breakdown situations.
When we look at the evidence garnered from this research, it is clear that the country’s divorce hotspots are not obviously linked to any other form of persistent social issue that we recognise. Those divorce hotspots across the country are represented by politicians of all colours, and they are areas both of great affluence and great poverty. That research demonstrates consistently, however, that the co-parenting relationships of the two adults are incredibly important for children’s outcomes in life. Whatever measures we can take in this House to support those co-parenting relationships, such as support for families and counselling where difficulties strike, are really significant.
The research also identifies that it is the conflict between the parents, rather than the break-up itself, that is most significant in the child’s experience and development. That is a crucial reason to support this Bill; when that decision is made, regardless of the issues that have been highlighted about the duration and the context of a relationship, the Bill makes it possible for separation to occur in a more civilised manner. That will enable the co-parenting relationship that supports those children’s life chances to be preserved intact as far as possible, and that should be a key concern for Members who are looking at the interests of future generations.
Fiona Bruce (Congleton) (Con)
“Can’t we just talk about it? Can I just know why?” Silence. Silence because there is no one to answer the young woman with a baby in her arms and a toddler at her feet, who has just received a notice in the post—a notice that says, “I am divorcing you. I am divorcing you in a few short weeks, and I do not have to give you a reason. I am giving you notice to quit on our relationship.” Of course, he could not do this to an employee. Well, certainly not after two years. That would be called unfair dismissal. He would have to give them a reason. He would have to talk. But this is not an employment relationship. It is a marriage, so unfair dismissal does not apply—a marriage entered into with the words, “For richer, for poorer, in sickness and in health, to love and to cherish, till death us do part”.
I cannot support this Bill. Legislation sends out a message, and the message that this Bill sends out is that divorce will be quicker and easier, regardless of what the Minister has said. This Bill will undermine an important understanding of the assumed permanence of marriage. I want to associate myself with the comments made in the excellent speeches by my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for Gainsborough (Sir Edward Leigh) and my hon. Friend the Member for Devizes (Danny Kruger), because there is so much more I would like to say tonight that I cannot.
Of course, Government should be investing much more in relationship support—many of us have argued that for years, and this Bill should not be silent on that. The six-month period is simply too short, even as a minimum. I note what the Lord Chancellor says about the Family Procedure Rule Committee, but we need the Bill to be amended to provide for a longer period. There is no requirement, as there is now in divorce proceedings, for proof of service of the statement that the marriage has broken down before the 20-week clock starts ticking. That cannot be right. Technically, as I read the Bill, there could be a divorce shorter than eight weeks. The Secretary of State kept saying that these are not quickie divorces; I disagree. The Bill needs amending in that respect.
Ministers argue that the Bill will “remove the conflict flashpoints” inherent within the current legal process and
“minimise the potential for couples to entrench positions against each other”.
That simply fails to address the fact that conflict exists and is frequently exacerbated during negotiations relating to financial settlements and childcare arrangements, which the Bill does nothing to address. Ask any family lawyer, and they will tell you so. I spoke with one only today, who told me that he knows of no practising family lawyer enthusing about the Bill.
The Government make great play of the fact that removing any reason for a marriage breakdown will improve children’s life chances. This simply does not acknowledge that it is the very fact of parental separation which can be, and often is, an adverse childhood experience with long-term consequences. Moreover, the break-up of a low-conflict family can be just as, if not more, harmful to a child than a high-conflict one. Children who do not see conflict played out in front of them can be more likely to blame themselves when parents separate or assume they cannot rely on relationships, as they are likely to end for no apparent reason, and that family breakdown is more or less inevitable, with the sad consequence of their repeating that behaviour in their own lives.
There is likely to be an immediate increase in divorces—a spike that could last for a decade or more. People experiencing marital difficulties in the coronavirus crisis may be more likely to bail out following the introduction of no-fault divorce, under the impression that divorce is being made easier. Some of those marriages may well be saveable.
Citing fault on a divorce petition is unpleasant, and what is stated may, in some cases, not bear a resemblance to what has gone on. The Secretary of State said that such statements bear very little resemblance to reality. However, the Nuffield Foundation report, on which the Government rely, does not bear that out.
Sir John Hayes (South Holland and The Deepings) (Con)
When my party won an 80-seat majority in the election, I knew that it was about much more than getting Brexit done; it was also about responding to the working-class community’s desire for an alternative to the liberal agenda which has dominated politics for so long. So it is with deep regret that I see this Bill brought to the House tonight. We need a Government prepared to back communities, build families and cement social solidarity, and this Bill is injurious to all those objectives.
The biggest shake-up of divorce law in half a century is based on a misunderstanding of what marriage is and the human ideals from which marriage derives its meaning. This Bill reduces marriage to the legal status of a tenancy contract—one that can be dissolved at minimal notice by either party, without any expectation of permanence or any explanation.
Hegel said that marriage is a “substantial tie” that “begins in contract” to “transcend” contract, by abolishing the separation between the parties. Hegel’s point can be put more simply: essentially, a marriage is not a contract but, as my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) said, a vow. That is why it has such great significance to us and why it is traditionally surrounded by so much ceremony. Roger Scruton put it this way:
“That we can make vows is one part of the great miracle of human freedom; and when we cease to make them, we impoverish our lives by stripping them of lasting commitment.”
It is through our ability to limit and constrain ourselves that we express our true freedom.
Life is not a dreary succession of consumer choices, but a journey marked by moments of transcendental significance, and marriage is one such commitment.
Our existing law is founded on the ancient understanding of what marriage is: a vow. Progressive activists for the Bill, such as the Lord Chancellor’s old ally, David Gauke, say that alleging fault increases acrimony in a divorce, but that notion is based on a misunderstanding of marriage. Changing the law may cheapen marriage, but it cannot change the idealism in which the commitment of one human being to another is founded. Acrimony is almost bound to follow the breaking of such a vow. Regardless of what the law may say, enmity is not a product of the process, but a characteristic of human relations when they break down, and to pretend otherwise is to attempt to deceive this House and the people who vote for us. The current law reflects these facts of life and reflects the significance of the vow that has been made. Fault necessitates expectation.
Sir Edward Leigh
It is said by the supporters of this Bill that the divorce process can damage children, but that is only if parents seek to involve children. One thing that is absolutely certain is that divorce itself damages children, and if we make something easier, it will happen more often.
Sir John Hayes
I agree, and the Bill essentially turns divorce into an administrative formality, removing the breathing space that allows around 10% of divorces that are initiated to be averted. About one in 10 divorces that are started are never actually completed, and that is because of the time available for counselling, for reconciliation, for reconsideration and for trying again. The Bill removes that opportunity. It removes protections for individuals whose spouses seek to terminate their marriage in times of hardship or illness. For many, the changes could mean that faithful, committed husbands lose access to their children, while women cruelly abandoned by errant husbands will have no way of marking that betrayal and no reason offered for why their marriage has ended.
What is most disappointing is that the Government ignored their own consultation. Some 83% of public respondents opposed change. The Bill provides a 20-week period at the start of proceedings, which Ministers say will allow time for reflection, but 20 weeks is not long enough to settle the matters of property or to secure the welfare of children. In any event, the Law Society points out that most of the 20-week period could pass without one respondent to the divorce even knowing about it. Unbelievably, the Bill does not require the applicant to serve a notice on the respondent at the start of the 20 weeks. When that matter was raised in the House of Lords, Lord Keen gave a lukewarm response. He is never the most persuasive Minister. I say it is a basic injustice that must be remedied, not by the Family Procedure Rule Committee, as he suggested, but on the face of this Bill.
We are in perhaps the most challenging time that anyone can remember, yet we bring forward a Bill with such insensitivity that we challenge not only the stability of families, but the very nature of marriage itself. Divorce marks the end of a partnership—the death of a love. As a family ends, all of society is a little weaker. The Lord Chancellor will come to regret this Bill because it is fundamentally un-Conservative. As it makes divorce easier, it makes marriage less significant and will make it less valued, and that is a price that no one here can afford to pay.
Duncan Baker (North Norfolk) (Con)
One of the greatest assets of becoming a Member of Parliament is that you can speak on matters that you have experienced first-hand and matters that have affected you deeply. For those who have actually experienced a long, protracted and acrimonious divorce, it leaves an indelible mark on them and, in many cases, on their families and children forever.
I want to speak today on this Bill because it resonates with me personally. I have wrestled, as many Members have, with the potentially difficult connotations that this law has specifically around the devaluing of marriage, which I absolutely do not want to see happen at all. However, as the Lord Chancellor set out, the Government have brought the Bill before us with a specific aim: to ease the unnecessary conflict for couples and children.
Growing up, I experienced my family going through divorce not once but twice: once when I was a toddler and again in my final years of school. This is not the arena to open up those experiences, but this is none the less a policy area in which I am passionate to see the law improve. I am able to speak on behalf of so many people who are affected by the current system, and for the children and families affected by the deep and lasting trauma that a difficult divorce leaves, and I am fully supportive of the ability to change the law and make it better.
I am 100% committed to the values of marriage. Perhaps witnessing that painful divorce was the driving force behind my wanting to have such a happy and fulfilling marriage with my wife and my children. That is one of my proudest achievements and even my wife, who disagrees with me many times, would probably say that it is one of my better achievements. It has been going for 10 and a half years—I know I do not look old enough to have a 10-and-a-half-year marriage. For so many people, that is not the case. To continue to bind people together for years in an irretrievable situation just exacerbates the pain for the parties.
It is a good decision to deal with the consequences. Any ability to remove some of the outdated requirements to allege fault or show evidence of separation will promote a less antagonistic process. However, as some people have said, although removing the ability to lay blame may expediate the process when one party will not accept that there is a problem, we have to balance that carefully with the values of marriage.
As many Members have said, all marriages are worth fighting for. We must not make them overridingly easy to exit, so I am pleased with the measure that ensures that there will be a minimum of 20 weeks from the start of proceedings before someone can give confirmation to the court that the conditional order may be made. Together with the existing six-week period, that will mean that the legal process for obtaining a divorce under the new process will take a minimum of six months. That comforts some of the concerns that I had.
In the breakdown of a marriage, the accompanying ancillary relief procedures are often the bitter and acrimonious parts of the divorce. Like many Members, I would welcome some kind of compulsory marriage guidance within the six-month window to act as a brake—to provide reflection and, indeed, evidence that a marriage has irreversibly broken down.
Ian Paisley
Given that the Government carried out a consultation and more than 70% of respondents indicated a concern about where Government policy was going, is the hon. Gentleman as concerned as I am that when it comes to practice the reassurances being given by the Government will be cast aside as casually as the consultation process was?
Duncan Baker
I take the hon. Gentleman’s concerns into consideration but, as has been set out, the overriding ambition in all this is not to quicken up the divorce process but to take away some of the exacerbating issues that cause pain and suffering in the breakdown of a marriage. That is the essence of the legislation that the Lord Chancellor has brought to us.
At the very core of the legislation is the goal of minimising conflict and promoting a more amicable resolution. I do not believe that, given the consideration necessary to get married, the measures before us will end up culminating in a speedier divorce process. I think of the absolute difficulty of going through that pain to end up in such a position. It will do more good to help to alleviate the deep conflict that can arise. Above all, if implementing the Bill can do anything to significantly lessen the damage to children’s life chances, I will wholeheartedly support the Government.
Jonathan Gullis (Stoke-on-Trent North) (Con)
I welcome hearing the wide-ranging views from across the House, but I absolutely wholeheartedly support the Government and my right hon. and learned Friend the Lord Chancellor. When I say that it is time to modernise, I am not doing down marriage in any way whatever. When a person enters into a marriage, they do so thinking about the lifelong impact that it will have on them. The same applies when they take the tragic decision to divorce. They come to realise and understand the pain and suffering that it will cause them, their partner, and, obviously, any children that they may have. The decision is not taken lightly in any shape or form.
It is important that we move away from the blame culture. I have heard many comments in this Chamber tonight that, somehow, divorce is damaging to children. As someone who was six months old when their parents divorced, I do not feel damaged. I was very lucky and appreciate that, while some had acrimonious relationships, I was able to access my mother and my father equally. I am aware that that is not always the case for others, but to use the word “damage” is quite extreme and it can be easily thrown around. I do not like to see that word being used so lightly.
The Bill is an important step forward. One of my hon. Friends made a really good point when they said that we were moving with the times.
Alexander Stafford
My hon. Friend talks about moving with the times, but does he not believe that, as marriage has been with us since time immemorial, it is something that we need to keep precious? We cannot just let it go.
Jonathan Gullis
Like my hon. Friend, I would call myself a strong social conservative, but who is arguing from a socially liberal perspective. He puts me in a difficult spot. What I would say is that although marriage is indeed ancient and should be treated with respect, courtesy and recognition, we also have to understand that we are in a very different cultural time. There does not always need to be infidelity. There does not always need to be one person to blame over another. Sometimes, tragically, the relationship simply does not work. In such instances, it should be for the individuals to make a decision that allows them both to part ways in a non-acrimonious way, without causing harm.
On the length of the proceedings, for people to be going through a divorce beyond 12 months, and in some cases for two years, does not allow either party to move on. It is keeping them trapped in something that they fundamentally no longer wish to be a part of. Therefore, we must understand that, with this law, six months is a positive step forward, because it allows those who, on a personal level, wish to take a step in a new direction to do so. Although I understand that this measure is contentious, and that, for some, it will be seen as challenging the institution of marriage, I also think that it will create less acrimony and mean that we have a more harmonious society, which, ultimately, means that the impact on children will be more positive.
Alex Cunningham (Stockton North) (Lab)
Having listened intently to the contributions made by colleagues today, I can say that this Bill has proved to be a little more contentious that I personally was expecting. It is clear that the Government have more problems with their own Back Benchers than they have with ours. We agree that this is a good Bill. It must be, because it is directly in line with Labour party policy.
We have had a good debate with some really excellent interventions and speeches. In answer to my hon. Friend the Member for Chesterfield (Mr Perkins), who was concerned about court delays, the Secretary of State spoke of expanding capacity. Given the current backlog, I would be interested to hear a little more about that, so that the benefits of this Bill can be realised. My hon. Friend also spoke about his pride in his grandfather, A. P. Herbert, author of the Matrimonial Causes Act 1937. I am sure that his grandfather would be as proud of him today.
The hon. Member for Winchester (Steve Brine) spoke about the values of marriage and expressed concerns about the timing of the Bill, given the potential for lockdown break-ups. The hon. Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, spoke as an Anglican, a person of faith, who was supporting the Bill because he believes in marriage. He spoke of other organisations, church and secular, that do likewise.
My hon. Friend the Member for Walthamstow (Stella Creasy) talked about how the last thing that families need is the state being a barrier. She went on to speak about children, as many others did—in her case, children who lost a parent but, because of our current system, lose out on the support available to those whose parents were married. I will come back to that subject later. Several Members spoke at great length about children and the impact of divorce on children, but it was the right hon. Member for New Forest West (Sir Desmond Swayne) who spoke of children being used as weapons by their parents in a war against each other. He felt that making divorce easier would lead to more poverty in our society.
This Parliament has a duty to ensure that the decisions we make here and the laws that we create are laws of the real world. In an ideal world, marriage would be the result of two people falling in love and wanting to be together forever and to have that recognised in law. It is a lovely image and it does happen. My own parents have already been married for 66 years, and Evaline and I for 43. In fact, my right hon. Friend the Member for Tottenham (Mr Lammy), the shadow Secretary of State, could have been a four-year-old page boy at our wedding. However, it would be naive of the House to think that it happens like this all the time, and it would be ignorant of the House to assume there is always a fault when it comes to the breakdown of a marriage. People change over time and can be very different, apart from the physical signs of older age, from how they were 10, 20 or more years ago. There should not have to be blame on one of the two consenting adults wishing to end their marriage, and as we have heard, it is significantly better for any children involved that their parents are not embroiled in a nasty split.
This Bill is a common-sense approach to the reality of people’s lives and how they choose to live them. The option of not having to lay the blame at the door of one of the parties also means that obtaining a divorce can be simpler for those who are vulnerable or the victims of abuse. Many married couples are close friends and can continue to be friends after a divorce, but a divorce process that requires pointing fingers and blame can cause irreparable damage and prevent a co-operative and constructive relationship that could have been a positive thing, particularly where children are involved.
It is also not good enough that the current law says that, if a couple agree mutually to have a divorce, they have to be separated for a minimum of two years. As others have said, the very fact that one person can lock the other person in a marriage against their wishes for five years from separation by prolonging the process is nonsense. I do not believe that the decision to divorce comes lightly for either spouse. I do not believe that people simply wake up one day and both parties opt for a divorce. This is a deliberate, delicate and difficult decision, born out of months, perhaps years, of anguish before they decide to take the route to divorce.
Yes, I agree with people who have stood up today and said that they think support and counselling services should be stronger, and I believe that, but the law simply should not be forcing people to remain tied to each other for two years just to make sure that divorce is what they really want. If a couple do want to reconcile, that is their private business to do so, and I would certainly wish them well in their search for happiness. However, reconciliation is made even more difficult if they have to blame each other in order to start the divorce process. What must run through our divorce procedures is the aim of encouraging co-operation, and what we have now is a system that encourages conflict. When there are issues to do with financial support and childcare, the last thing we should want for that family is more conflict and unnecessary hurt.
The academic study called “Finding Fault?” found that 43% of those identified by their spouse as being at fault for the marriage breakdown disagreed with the reasons cited in the divorce petition. This is not a fair system and it is certainly not a decent one either. It can also be costly, with thousands of pounds spent on legal costs that could have been retained by the individuals and used to help them to get on with their lives. My right hon. Friend the Member for Tottenham outlined in great detail other financial issues that show disadvantage for people at the lower end of the income scale and, of course, the lack of legal aid.
The changes made in the Bill are ones backed by policy makers, judges, stakeholders and the public, but there is more the Government can do to ensure protection for families that are modern in their image. For example, my hon. Friend the Member for Walthamstow spoke in detail about bereavement support for children where one parent dies and the parents were not married. When I wrote to the Government about this, I received a reply saying that
“A key principle of the National Insurance system is that all rights to benefits derived from another person’s contributions are based on the concept of legal marriage or civil partnership.”
But why? Can the Government explain their rationale further? What impact does this have on families where the parents are divorced? If they are no longer married, is that support lost? I would appreciate it if the Minister who winds up clarified the Government’s position on financial support for families where the parents are divorced, to which they would be entitled were they married.
Families do not look like they did 50 or even 10 years ago. We have moved forward in so many ways. People can marry whoever they love, irrespective of gender. Many children have been given permanent, safe and stable homes by same-sex parents; others have been brought up by unmarried parents who then split up. Why does the system not fully recognise modern families when it comes to these relationships ending? The world has changed for the good, but we need to keep going. How are the Government going to change other areas of family law to ensure that reality is reflected in our laws, and we embrace the many ways that a modern family can be? I know the Bill may not be the vehicle to deliver these particular changes, but I think it is time we did the best for our families.
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
I am grateful to all Members who have contributed to this debate with such powerful speeches. A wealth of insight and poignant personal experience has been brought to bear, and this debate on such an important issue has been enriched by it. I thank my hon. Friends the Members for Stoke-on-Trent North (Jonathan Gullis) and for North Norfolk (Duncan Baker) and the hon. Member for Chesterfield (Mr Perkins) for sharing their experiences with the House.
Before responding to the points raised, let me make some brief introductory remarks. Marriages and civil partnerships are vital to society as a way in which couples can formally express their commitment to each other. I support marriage. The Government support marriage. This Bill is not anti-marriage; rather, it is anti-bitterness. In those sad cases where a marriage has irretrievably broken down, the Bill removes unnecessary and artificial flashpoints to reduce the scope for pain, recrimination and, crucially, harmful impact on children. We must accept the reality that some marriages do end. The Bill replaces a broken system which for decades has not operated as its framers intended. I note that it is supported by Resolution, which represents over 6,000 family justice professionals in England and Wales who have to grapple with the current framework every day.
One of the principal problems of the current statute is that it incentivises conflict. It does so in relation to those who wish to divorce before a two-year separation period because of the specific need to particularise the respondent’s unreasonable behaviour and to do so in a way that fits a 50-year-old statute’s prescriptive categories. The trouble is that words have consequences; they can do damage, so that where once there was grief, anger comes; where once there was sadness, bitter resentment follows. The academic study, “Finding Fault?” found that 43% of those identified by their spouse as being at fault disagreed with the reasons cited in the petition. That resentment is not just damaging for the parties themselves; others, particularly children, can be harmed by it too, because it toxifies the atmosphere in which a couple then approach negotiations over arrangements for children and finances. No wonder the president of the Law Society has said:
“For separating parents, it can be much more difficult to focus on the needs of their children when they have to prove a fault-based fact against their former partner… Introducing a ‘no-fault’ divorce…will change the way couples obtain a divorce—for the better.”
Sir John Hayes
Leaving aside the issue of fault, will my hon. Friend commit to looking, during the passage of this legislation, at increasing the six-month period, at dealing with the issue of both parties being notified at the outset of the divorce, and at ensuring that there is properly funded counselling and support for reconciliation? If he looks at those things, I think he will satisfy some of the critics of this Bill.
Alex Chalk
I thank my right hon. Friend for his question, and I pay tribute to the characteristic clarity and eloquence with which he made his representations. Although I cannot give any commitment to specific points, he has made powerful points. On behalf of the Government, I commit to continuing the conversation in Committee.
Part of the problem is that the court has limited means to investigate the circumstances. Having marched the parties up to the top of the hill by requiring petitioners to make allegations, the system rarely inquires into whether those allegations are true. It simply does not have the means to do so. In fact, just 2% of cases are contested, and only a handful progress to a contested court hearing. For more than 40 years, English and Welsh courts have not routinely held divorce trials to prove the allegations set out. That is because most people nowadays recognise that marriage is a voluntary union. When consent disappears, so, too, does its legitimacy.
That lack of inquiry is a problem because allegations may bear little resemblance to reality, but they are presented as established facts. The scope for injustice is obvious. To satisfy the statutory provisions, minor incidents may have to be dredged up and artificially repackaged as a pattern of behaviour. A respondent who, in truth, is a perfectly reasonable individual will have their behaviour branded unreasonable. Conversely, a respondent may have behaved despicably—a point made by the Lord Chancellor —but because of the fear of repercussions, a petitioner may seek to rely on two years’ separation instead. At the end of it all, in the eyes of the law, the culpable respondent will never have been publicly rebuked, and will exit the relationship apparently blameless.
All too often, the law does not do what people think it does. That is not just the Government’s view. Sir Paul Coleridge, a former family judge and chair of the Marriage Foundation, no less, said that the current system
“is, and always has been, a sham”.
I think I may be the fifth person to quote him this evening, but Sir James Munby, former president of the family division, criticised the current law for being
“based on hypocrisy and lack of intellectual honesty”—
a point powerfully made by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). The same is true of academia. Professor Liz Trinder, who has conducted extensive research on the divorce process, has branded the current arrangements “a meaningless charade”.
I want to address the points that have been made with great force by my hon. Friends the Members for Cleethorpes (Martin Vickers) and for Devizes (Danny Kruger), and my right hon. Friends the Members for Gainsborough (Sir Edward Leigh), for New Forest West (Sir Desmond Swayne) and for South Holland and The Deepings (Sir John Hayes). To paraphrase—I will not do justice to the way in which they expressed it—the concern that they have raised is that the Bill will undermine the institution of marriage by making divorce more attractive. That is an important argument, and it has to be addressed.
The point is that it is a very sad circumstance indeed when a marriage breaks down, but some marriages do end. The legal process of divorce is not the driver for a marriage breaking down; it is the consequence. That is the point that my right hon. and learned Friend the Lord Chancellor was making about the telescope. Petitioners do not issue speculative applications for divorce. In the overwhelming majority of cases, they take that step only after reaching a settled conclusion. In those circumstances, we must do all we can to mitigate the pain experienced by the couple and their family, especially the children. We cannot have a system where the legal process works to exacerbate acrimony and suffering where divorce is simply the process of bringing a legal end to a personal relationship that has ceased to function for both parties.
The point that is so often made by practitioners is that very often, individuals are surprised by the convoluted and artificial process that they are presented with. International evidence shows that long-term divorce rates are not increased by removing fault from the process of obtaining a divorce. In short, divorce and dissolution are a sad reality, but one that is sometimes unavoidable. This Bill prevents hardship and misery, and it will help people at a vulnerable time. I commend this Bill to the House.
Madam Deputy Speaker (Dame Rosie Winterton)
Hon. Members should now be familiar with the Division process, but I ask all hon. Members other than Front Benchers and Tellers to leave the Chamber by the doors behind me. I will not give the instruction to lock the doors earlier than probably 28 minutes after I call the Division.
Question put, That the Bill be now read a Second time.
Business without Debate
Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we shall take motions 6 and 7 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Weights and Measures
That the draft Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020, which was laid before this House on 16 March, be approved.
Agriculture
That the Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020 (S.I. 2020 No. 475), dated 30 April 2020, a copy of which was laid before this House on 30 April, be approved.—(Leo Docherty.)
Question agreed to.
Committees
Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we shall take motions 8 to 12 together.
Ordered,
Environmental Audit Committee
That Kerry McCarthy be discharged from the Environmental Audit Committee and Barry Gardiner be added.
Environment, Food and Rural Affairs Committee
That Mary Glindon be discharged from the Environment, Food and Rural Affairs Committee and Barry Gardiner be added.
International Trade Committee
That Gareth Thomas be discharged from the International Trade Committee and Taiwo Owatemi be added.
Northern Ireland Affairs Committee
That Karin Smyth be discharged from the Northern Ireland Affairs Committee and Mary Kelly Foy be added.
Petitions Committee
That Kerry McCarthy be discharged from the Petitions Committee and Tonia Antoniazzi be added.—(Bill Wiggin, on behalf of the Committee of Selection.)
Electoral Reform
(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Wendy Chamberlain (North East Fife) (LD)
It seems that debates on potential electoral reform are a bit like buses: wait a long time for a chance to discuss it, and then, with the Parliamentary Constituencies Bill last week, two opportunities come along at once. I welcome the opportunity to engage with the Minister on this topic, as I indicated on Second Reading of the Bill last week. I believe that this is the first debate on positive reform to our electoral system in this Chamber since 2016. As we reflect on last year’s general election and the challenges that the UK faces in relation to the covid-19 pandemic, I believe that revisiting this topic and the impact that the current first-past-the-post system has on democracy is valid.
During that Second Reading debate last week, I mentioned a statistic: for every one vote it took to elect an SNP MP at the last election, it took 33 votes to elect a Green one. The Green party polled over 800,000 votes and ended up with only one Member of Parliament: the hon. Member for Brighton, Pavilion (Caroline Lucas). The Brexit Party, polling over 600,000 votes, got no MP at all. Its biggest impact as a party was in standing down in seats, effectively preventing those who wish to vote for it in those seats from being able to do so.
I do not want to drown Members in statistics—I know that the Government have been in trouble with the Office for National Statistics recently—but I do want to highlight the following. The Government have an 80-seat majority in this House, but they did not receive the majority of votes—far from it, in fact. They got 43.6% of the votes, but due to first past the post, they now hold 56% of the seats. I do not know what is more remarkable: the fact that the Government have a majority in Parliament, despite not having a majority of votes from this country, or the fact that we have grown so used to this disproportionality that we rarely comment on how remarkable it is.
If Government Members—were they here—to say, “Well, at least the largest party in the Commons is the one with the most votes,” I would agree. After all, in 1951 and 1974, the party with the most votes did not end up with the most seats. The electoral maths is very clear. First past the post does not do a good job at all of representing voters’ preferences or the will of the people, as some like to call it.
One of the arguments in support of first past the post is—to quote a previous Conservative general election slogan—that it provides strong and stable governance. The last 10 years have demonstrated that this is far from the case. We have a broken system. It is unfair, unrepresentative, and undermines the legitimacy of our democracy and, indeed, the UK itself. We often take pride in the fact that this Parliament is the mother of Parliaments, but we should not let our pride in our heritage blind us to the areas in which it needs improvements. We should not uphold tradition at all costs, particularly when it prevents us from making the progressive changes that will have a positive impact on people’s lives, or prevents Members from properly representing their constituents. Every election that we hold under first past the post runs the risk that we end up with a Government who did not win a majority of votes, impacting on the legitimacy of our whole democratic process. This is a scenario that should worry anyone and which we should be acting pre-emptively to avoid.
Although I take pride in our heritage, the reality is that the vast majority of democratic countries have chosen not to follow our system. Exactly the scenario that I have been talking about—the party with the most votes not becoming the Government—happened in New Zealand in 1978 and again in 1981, and it set that country on the road to changing first past the post in 1997. It was abandoned in Ireland, Australia, Malta, South Africa and Cyprus. Across Europe, 40 out of 43 countries carry out elections using some form of proportional representation.
The Scottish and Welsh Parliaments, and the Northern Ireland Assembly, use forms of proportional representation in their elections to those bodies. When we have the chance to start from scratch, first past the post is never anyone’s first choice. Surely now, following two divisive referendums in the past decade—again resulting in winner takes all—and with the challenges facing us going forward, we require a different kind of politics from the adversarial two-party politics that is the natural result of first past the post. Last week, the Prime Minister criticised the Leader of the Opposition for not working in a constructive way, but this is exactly the way in which our system forces politicians to operate—across the Dispatch Box, two sword lengths apart.
As the Scottish National party’s vote is concentrated in the 59 Scottish seats, the situation that first past the post creates there is even more serious. In December, 45% of the vote for the SNP equated to 80% of the seats. The adversarial nature of things becomes even more stark when two parties each claim to be the voice of their people, and I am pleased that the SNP is in agreement with me that we need a more proportional system and we need it to be found soon.
As we seek to recover from the impact of covid-19, other challenges—most crucially, our response to the climate emergency—remain. Such challenges will not be solved by one side or way of thinking. They require co-operation, mutual trust, welcoming a diversity of thinking, and an ability to set aside our differences and work together for the common good.
Some commentators have observed that states with the perceived best response to coronavirus so far are those with women leaders. The underlying factor is that these are countries with proportional systems and a focus on pluralistic decision making, such as New Zealand and Germany. Every single country with more than 40% of female representatives in its legislature has a proportional system. The current system is inhibiting the progress that both the Government and the official Opposition say they want to make.
It is not only our governance that is weakened by first past the post. Our voting system results in the permanent disenfranchisement of millions of voters, creating persistent minorities, and a real and legitimate sense of anger alongside the harm to the regions and the devolved nations. How depressing is it that, for a great number of people in this country, being represented here in this place by someone they actually voted for feels like a treat?
In last week’s debate, many MPs spoke about how much they love their constituencies and the pride that they take in representing them. I have personally enjoyed the tradition of the maiden speech, referring to my constituency and its attractions as well as acknowledging the work of my predecessor. But as Members of Parliament, we do not actually represent our constituencies; we represent the people in it. In my constituency of North East Fife, the majority of people did not vote for me in December. Tactical voting probably played a part in the result, but my job now is to represent everyone in my constituency, and we must acknowledge that many feel unrepresented as a result of our system.
Surely we should all like to be elected on the basis of a positive voter choice, as opposed to being the least worst option on the ballot paper, as is often the case. Surely the proliferation of tactical voting websites and electoral pacts at the last general election suggests there is something fundamentally wrong with the way we elect people to this place. We talk about the collapse of Labour’s red wall without critically asking whether it is right for any party to believe it has the right to any seat or its electorate. We do however comment on the extra attention that these seats and their new Conservative representatives expect to get from the Government. That suggests that, as previously safe Labour seats, where the same party had won every election, people’s votes there were worth very little and the parties could therefore ignore them. Only when a seat becomes marginal does it seem to matter.
As I pointed out last week, it is strange that the Conservative manifesto recognised that votes mattering equally is a “cornerstone of democracy”, yet is blind to the huge disparities in our current system. It was pointed out to me by the right hon. Member for Basingstoke (Mrs Miller) that she has more than 20,000 more electors in her constituency than I have in mine, but this unfairness is because our system is based on defining boundaries and areas for a single Member to represent under first past the post. Some of the criteria being set out in relation to boundary changes undermine the arguments for single-Member constituencies by diluting the identified community links that many argue are the main benefit of first past the post and risking further disenfranchisement in an already broken system.
One other promise in the Conservative manifesto was to have a constitution, democracy and rights commission in the first year of the Government. Will the Minister update us on the plans for that commission, including its scope and potential membership? Fair votes are just one spoke on the wheel of reforming our broken politics and there is lots more to be done; I have not touched on the House of Lords or the fact that England needs to follow the reforms of the other devolved nations, including Wales, where, from last week, 16 and 17-year-olds are now eligible to vote. I find it strange that only in England are 16 and 17-year-olds felt to be incapable of exercising their democratic rights.
Layla Moran (Oxford West and Abingdon) (LD)
My hon. Friend is giving an incredibly powerful speech, at an important time in our democracy. I used to be a teacher and I can say from experience that 16 and 17-year-olds are just as capable of understanding the complexities of the political landscape as anyone else and quite often ask very insightful questions. From her experience as a Scottish MP, does she agree that it is time England followed suit and gave 16 and 17-year-olds the vote?
Wendy Chamberlain
I thank my hon. Friend for her intervention and entirely agree with her. As I say, only one of our four nations seems to feel that its young people do not have that insight, and we should absolutely be giving them that opportunity.
Countries around the world are moving forward beyond fair votes, with democratic innovations such as citizens’ assemblies or participatory budgeting programmes. We need to look at participatory democracy better empowering local communities and groups. We have seen multiple marches and demonstrations in the past few years, including, most recently, this weekend. People protest when they feel they have no other option in terms of making their voices heard to demand change. It is tempting to be comfortable with the current system—after all, every Member here has benefited from first past the post—and I understand the reverence in which Members hold this place, but we best revere it when we acknowledge that its practices are letting down the very people who elected us to represent them. We should not let warm feelings get in the way of cold, hard reality.
Wera Hobhouse (Bath) (LD)
Does my hon. Friend agree that we are creating a very divisive politics in this country, where we are persistently looking for argument, rather than consensus, and that that completely overshadows our political culture and we need to change it?
Wendy Chamberlain
Again, I entirely agree with what my hon. Friend says; this has created our two-party politics and divisiveness, and, as a result, there is not the opportunity to work in consensus.
Jim Shannon (Strangford) (DUP)
In my political career, I have been a councillor on Ards Borough Council, elected under a proportional representation system; I was also in the Northern Ireland Assembly, to which I was again elected under a PR system; and I was fortunate to have the opportunity to come here in 2010, under a straight first-past-the-post system. I understand the benefits of both systems, and why in Northern Ireland we needed an Assembly that could bring the parties together. There is a reason for using the proportional system where it is used, but does the hon. Lady agree that the first-past-the-post system sits here as well?
Wendy Chamberlain
I cannot agree that first past the post has a place, because I believe that we can use other ways and methodologies to represent constituencies, such as the single transferrable vote, which would give us the same result but would be more representative of the way people voted. I thank the hon. Gentleman for his intervention.
We should not let warm feelings get in the way of cold hard reality. I urge Members and the Government to reflect on whether there is an unfairness here. Will a change benefit people’s lives across the UK and the devolved nations? Indeed, would what we are talking about actually work better across the four nations, when three of our four nations, as the hon. Member for Strangford (Jim Shannon) said, actually have some form of proportional representation in how they elect Members to their Parliaments and Assemblies? I believe there is only one answer. Now really is time that we should consider electoral reform.
The Minister of State, Cabinet Office (Chloe Smith)
It is a pleasure to serve under your chairmanship, Madam Deputy Speaker, and to welcome the hon. Member for North East Fife (Wendy Chamberlain) to her place as her party’s spokesperson on these issues. I look forward to working with her in that role, and as such, I thank her for raising these important issues in this Adjournment debate. I will take the time available to me to address as many of the issues she raised as I can. She clearly spent most of her time focusing on the method of counting votes in the first-past-the-post system, so that is what I will focus on in my remarks.
If I may, I will just set the scene with a few additional things that we are also focusing on in this Parliament that we think are important in stewarding our electoral system and our democracy. I certainly think that how people cast their vote goes to the heart of our democracy, and it is from that that the Government made an absolute priority in our manifesto, and through much of the action I take when I have the privilege to speak from this Dispatch Box, of protecting and upholding our democracy and our elections by means of electoral integrity. We are taking forward a programme of work that seeks to make our elections secure but also fit for the modern age. Importantly, one of those points is the need to bring our electoral laws up to date for the digital age, which I think the hon. Lady and I both agree is a necessary move. I want to help citizens to make informed decisions by increasing transparency in online political campaigning, and with that I also seek to make sure that rules on campaign donations and spending are effective.
I really look forward to working with the hon. Lady on the forthcoming policy of putting imprints on digital electoral material, which I think will help to strengthen trust and will help people to be informed about who is behind a campaign, so that they can choose and decide. She will be aware of my intention to introduce further measures to reduce fraud in elections, including by introducing identification requirements to vote and by tackling postal vote harvesting and potential proxy fraud.
The hon. Lady already mentioned updated and equal parliamentary boundaries, so I will not dwell on that—we will have plenty of time to do that in Committee sessions in the next while—but it is linked to tonight’s subject matter. It is important, because every voter needs to know that their vote carries equal weight, no matter where it is cast in the UK. I start at this point, because it came up in the debate last week on Second Reading. There is simply a difference of view here. She would say that, for example, an STV system or a PR system would be better than a fixed-term—[Interruption.] I have too many acronyms with F, T and P in them; I meant to say first past the post. She will support one; I will support the other. However, that said, it is possible for us both to agree that, whichever system is used, voters’ voices ought to have the greatest possible equality within that system. From the perspective of first past the post I argue that, within that system, we should ensure that every vote has a chance for its voice to carry equal weight wherever it is cast.
Let me turn more specifically to the first-past-the-post electoral system. I understand the points raised by the hon. Member for North East Fife. She gave a good run down of the principal arguments that are often given against the first-past-the-post system, and I suspect that underlines the point for other hon. Members—we are kept company tonight by a few, including, no less, the hon. Member for Strangford (Jim Shannon) who attends every Adjournment debate. As he, and others, will know, this debate is not perhaps new, so I will run through some of the principal arguments in favour of first past the post, to balance the discussion.
For me, the first point is always the constituency link. There is something important to be said about the politics of place, and it is harder to achieve that in some designs for a proportional representation system. The politics of place are important. For example, the hon. Member for North East Fife speaks for Fife; I speak for Norwich. The hon. Member for Strangford speaks for Strangford, and my hon. Friend the Member for Walsall North (Eddie Hughes) speaks for parts of Walsall. All those places have different needs that can be well represented by a Member who speaks when grounded in those communities.
Christine Jardine (Edinburgh West) (LD)
As a Scottish MP, like the hon. Member for North East Fife (Wendy Chamberlain), I have experience of both systems. We both share constituencies with MSPs who are connected to the constituency. We have a separate top-up list. I do not think it fair always to depict proportional representation as removing the connection with the constituency. Sometimes, it is just as strong.
Chloe Smith
The hon. Lady is right. From the facts I cannot argue with that point, and I would not seek to. My point about the politics of place is part of a set of points that, in my view, fit together. My second point, which I think gives voters a better result than the one just described is—
Chloe Smith
If the hon. Lady will allow me to make my second point, I will be happy to give way. The second important feature is accountability, which with first past the post is linked to place. It can be achieved in other ways, but with first past the post we all get the kind of accountability that comes when an MP walks down the street and looks into the eyes of their constituents. It is important to seek a system that has that in its design, so that there is not some relatively difficult to understand method of apportioning the number of votes, but instead a clear method of who came first—the clue is in the name. That gives citizens, voters, a clear method of holding somebody to account. MPs can be thrown out as easily as they were voted in, and they are given the accountability to conduct that job, and to do so strictly by reporting to a place, and to people who use the same public services as they do in their constituencies. All of that links the politics of place with accountability.
Wera Hobhouse
There are, of course, proportional systems that do both—they are proportional and they have clear links between a particular Member of Parliament and a place. Is the Minister not defending the indefensible simply because it delivers electoral success to a particular party, or the two big parties, rather than creating a better democracy? Are we not in this place to create a better democracy?
Chloe Smith
We are indeed in this place to improve our democracy. That is why I took the time when opening my remarks to set out some of the ways I am doing that. I am sorry to make a partisan point, but when the hon. Lady’s party was in government—it got there under a version of this system—it tried to improve the voting system, and the British people said no. That was to be my third point against making the move from the first-past-the-post system to what, in that case, was the alternative vote system. That was put fairly and squarely to people in a referendum and they declined it; they said, no, they did not want to make that change. It would not be fair to ask people that again in such short order, because it is rather an important principle that when you have a referendum you respect its results.
Chloe Smith
I give way to the hon. Gentleman, having named him several times.
Jim Shannon
I thank the Minister. We were elected as the Members of Parliament for our constituencies in this House under first past the post. I know I have said this, I am sure the Minister has said it, and probably every other Member here has said it. As a member of the Democratic Unionist party, the fact of the matter is that I am everybody’s MP. Does she agree that everybody is the MP for their constituency, as everybody else is here, whether people agree with our political views or not?
Chloe Smith
Yes, that is a very wise summary to put into this debate. It puts me back in mind of some important principles that the hon. Member for North East Fife struck in her remarks. She was keen to see that people should not be left feeling disenfranchised in a certain constituency. She was keen to see a reduction in the adversarial nature that sometimes can creep into—dare I say?—all sorts of politics, but she identified it in our politics in this country. She was keen to explore how a Member of Parliament could represent everyone in their constituency, which I think connects to the point that the hon. Member for Strangford just made.
I feel very strongly on these matters as well. It has always been a point of some passion for me, actually, that I think we can do those things within the first-past-the-post system. That goes back to my point about the politics of place and the fact that we are accountable to that particular community and that particular group of people—a relatively small group of people, in fact, on some international comparisons. We have to strive to represent all of them. It is our duty to do so, however difficult that may sometimes seem when there are opposing views, naturally, within a body of people, and only one of us. We have to do that and we have to use our judgment to do it. That is, in my view, the very rewarding job that we seek to do. If we can do it right, that can, I hope, deliver some satisfaction to our constituents as well, with the ability to say no to us if they would rather it was not us in our place.
Christine Jardine
One of the acknowledged problems we have in modern democracy is the lack of engagement, particularly of young people. One of the things many of us hear on the doorstep is, “Why would I bother? My vote doesn’t count.” The beauty of proportional representation is that every vote counts, in the sense that people sometimes feel in a seat where there is a large majority for one party that there is no point in them voting as it will not count and they will not be represented. Would the hon. Lady accept that point—that PR gives everyone’s vote some weight?
Chloe Smith
I do understand that point. I personally would use a similar argument to apply to one’s vote getting rather lost in a national system that did not give accountability directly to a representative.
Allow me to pause in responding to the arguments about the voting system and turn to a couple of the other points that the hon. Member for North East Fife made. I will cover three manifesto commitments. First, in the Conservative manifesto, which was chosen and has been given the privilege of being turned into action, we committed to retain the first-past-the-post system. That concludes that section of my remarks.
Turning to votes at 16, and if I may, combining this with the points made by the hon. Member for Edinburgh West (Christine Jardine) about how very many young people want to be involved in politics, I am passionately in favour of young people being involved in politics. However, I do think there are many ways to do that—there is not only the question of the voting age; there are lots of ways to engage people in politics. As I have mentioned, the manifesto commitment from this Government was to retain the franchise at 18 years old. That is because of an argument of consistency within the other services and aspects of public citizenship. A person below the age of 18 is treated as a minor, for example, in both the foster care system and the criminal justice system. They cannot attend jury service, buy alcohol or be sent into action in the armed forces, and they cannot own property, gamble and so on. There is a wide range of life decisions for which Parliament has judged that 18 is the right age across the nation.
Layla Moran
Surely there is an inconsistency, however, in the way that 16-year-olds are treated across the four nations. Can the Minister not see the inconsistency in that position?
Chloe Smith
I understand and recognise the argument, but this Parliament represents the UK parliamentary voting franchise, and it is that that I am speaking about. As it happens, I also fully support the ability of the devolved Administrations to make decisions within their remits for themselves.
I have one moment to finish off on the commission on the constitution, democracy and rights. As the hon. Member for North East Fife (Wendy Chamberlain) mentioned, it is there in the Queen’s Speech, it was there in our manifesto and we think it is very important to do so. I will be pleased to bring forward further details for the hon. Lady and for you, Madam Deputy Speaker, but at this point I think we adjourn.
Question put and agreed to.
DRAFT LOCAL ELECTIONS (NORTHERN IRELAND) (AMENDMENT) ORDER 2020
DRAFT REPRESENTATION OF THE PEOPLE (ELECTRONIC COMMUNICATIONS AND AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2020
(3 years, 10 months ago)
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The Minister of State, Northern Ireland Office (Mr Robin Walker)
I beg to move,
That the Committee has considered the draft Local Elections (Northern Ireland) (Amendment) Order 2020.
The Chair
With this it will be convenient to discuss the draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020.
Mr Walker
It is a pleasure to serve under your chairmanship, Mr Hollobone. I apologise to the Committee for arriving a few moments into the sitting, having just come from a Division down the corridor. With your permission, we are taking both these election-related statutory instruments together. I hope that as neither is particularly contentious, we will not detain the Committee too long.
The draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 will amend the existing legislative framework for canvass in Northern Ireland to allow electors to respond to the canvass digitally, using the existing online registration system. Registration applications and canvass returns require substantially the same information, but because online registration is a relatively new development in Northern Ireland, our existing canvass regulations do not allow the use of electronic returns.
The Northern Ireland canvass is not an annual event and is not as light touch as it is in Great Britain. When a full canvass is conducted in Northern Ireland, it is not sufficient for an individual to note that their registration details have not changed; each individual must complete a full registration application or canvass form.
It makes sense that the law is now changed to allow the chief electoral officer to accept registrations made on the UK online registration system rather than requiring all individuals to fill out a paper application form. It is worth noting that online registration is already hugely successful and popular in Northern Ireland. The option to register online was extended to Northern Ireland in 2018, and since then over 80% of people registering have chosen to register using the digital service, rather than using a paper form. That compares favourably with Great Britain, where the most recent figure was about 75% of applicants using the online service.
However, I can reassure hon. Members that people will not be required to use the digital system. Nothing in this legislation will remove the paper-based canvass regime that we have always used, and that system will remain for those who wish to use it. Nevertheless, we know that a growing majority of people now expect to be able to interact with public services online. These regulations allow people the option of using the online registration service if they wish to do so.
Ian Paisley (North Antrim) (DUP)
Does the Minister agree that for these provisions to really take good effect, what has to follow them is investment in our electoral offices around the country? I am talking about investment in training of staff, in access to staff and in more telephone availability when people ring up with queries. The Minister is absolutely right that the measures have been a partial success, but there have been glitches. It is important that those glitches be ironed out, and they cannot be ironed out on the cheap, but only with investment in our electoral offices.
Mr Walker
The hon. Gentleman makes a powerful point. Of course we need to ensure that these services are properly supported. I will come to the fact that of course part of what these reforms will achieve is to make the service more efficient. That should in itself release funds for the investment that he speaks about.
These changes make administrative sense. The register for Northern Ireland stands at 1.3 million people, and not having these regulations allowing people to use the online service to register would mean posting out 1.3 million paper forms with return post envelopes—a huge undertaking. Reducing the number of forms issued will save money, streamline the administrative process and save a good deal of wasted paper.
Importantly, the changes will make canvass more efficient and allow the chief electoral officer and her staff more time to focus on encouraging under-registered groups to engage with canvass and get on the register. I hope hon. Members agree that the changes, which will make it easier for people to register, allied to increased efficiency, are very welcome.
The draft regulations make provision for a slight amendment to the stages to be undertaken by the chief electoral officer as part of the next canvass, which will take place in 2021. Under the new provisions, a new first step will apply in the canvass process. From no earlier than 1 July in a canvass year, the chief electoral officer will send out a leaflet to all homes explaining the importance of canvass and asking people to go online and register. It will also explain that forms will be posted shortly for those who want to apply on paper. In this way, we hope to encourage a good many of the public to simply register online.
Following that first leaflet, the usual chasing cycle of canvass will proceed as it has previously. Addressed forms will be sent to every individual who has not already responded, chasing letters will be issued and, finally, canvassers will be sent door to door to non-responders. Every effort will be made to explain the importance of being on the register and to capture as many registrations as possible.
I should also say that current legislation allows the chief electoral officer to retain on the register, for up to three years, individuals who fail to respond to canvass, if she is content that data-matching shows their details have not changed. That provision was originally for a two-year retention after the 2013 canvass, but it was extended to three years to cover the 2016 Assembly election. The regulations move the retention period back to the original two years.
In addition, the regulations also make a number of more minor technical amendments in relation to canvass, such as ensuring that an individual’s unique digital registration number is issued or reissued, as appropriate, to people registering for the purpose of canvass.
Finally, the regulations also make a small technical amendment in relation to recall provisions. During the recall petition held in Northern Ireland in 2018, it became clear that there was an inconsistency in provisions concerning the marked register and how it could be accessed. The draft provisions mirror the position for parliamentary elections, enabling the chief electoral officer to allow access to the marked register when appropriate.
Registration and canvass are the foundation of our democratic system, and I am happy to tell the Committee that the implementation of digital registration for canvass is fully supported and welcomed by the Electoral Commission and Northern Ireland’s chief electoral officer. I should also say the regulations have been approved by the Information Commissioner’s Office. I hope that hon. Members agree that the introduction of digital electoral registration for canvass is another step towards modernising the delivery of elections in Northern Ireland and that they will support the regulations.
The draft Local Elections (Northern Ireland) (Amendment) Order 2020 will amend the existing legislative framework for local elections in Northern Ireland so that it is no longer a requirement for a candidate’s home address to be disclosed and published during an election.
It used to be an accepted part of local elections across the UK that candidates standing for election to local councils would be required to disclose their home address; that address would be printed on the ballot paper. The provision was designed to demonstrate the local connection of a candidate, which has always been an important aspect of our local government system.
Sadly, however, we are all too aware that intimidation and threats are now part of the lives of too many elected representatives. As a consequence, it is no longer proportionate to require candidates to make public their home address in order to stand for public office. It is already the case that there is no requirement to disclose publicly home addresses at parliamentary or Assembly elections in Northern Ireland, nor in most other elections across the UK. The draft order will provide consistency by removing the requirement for all candidate home addresses to be published for local elections in Northern Ireland. Candidates will be able to choose whether they wish their home address to be included on nomination papers, consent to nomination forms and the ballot paper.
The hon. Member for Rochdale, who is not able to join us today, raised this issue with the Secretary of State at the time of the last local government elections. I hope he in particular will welcome this provision.
Nevertheless, when voting for candidates in local elections, electors have a right to know that each candidate has a tie to the local area. To balance that right with the aim to provide protection for candidates, the draft order will ensure that candidates are required to provide their home address on a separate home address form. The home address form will not be made public and will be used by the chief electoral officer to confirm that the candidate has the required local connections.
Hon. Members will wish to note that the provisions do not alter the requirements for a local connection. As has always been the case, anyone wanting to stand as a local councillor in Northern Ireland must be on the electoral register for that council area or, broadly speaking, have owned or rented land or lived or worked in the area for the preceding year.
If a candidate indicates on the home address form that they do not wish the address to become public, it will not be included in any published documents. In such cases, the ballot paper will show the area that the candidate’s address is in. For the vast majority of candidates, that will be the local government district in which their home is situated. That is a small change, which will do nothing more than bring local elections in Northern Ireland into line with other elections. However, as I am sure hon. Members will agree, it is an important change. It is critical that, where possible, we remove any barriers that can inhibit individuals from engaging in the public democratic life of our country.
In addition to removing home addresses from ballot papers, the order also makes provision to remove the legislative requirement that candidate’s surnames be printed in all capital letters on ballot papers. That will ensure that a candidate’s name on the ballot paper can appear as the candidate would normally spell it. So, for example, where a capital letter is not usually at the beginning of the name, as is sometimes the case with Irish names, that can be accurately reflected on the ballot paper.
Finally, the order will remove the requirement that local councils be described as district councils on the ballot paper. It will provide instead that the council can print its official name and describe itself as, for example, a borough or city council, as appropriate.
The draft order is about engagement and helping to ensure that as many people as possible feel able to be part of the democratic process without feeling intimidated. It is about letting people who stand as candidates have their names spelled as they would usually spell them and allowing councils to describe themselves on ballot papers by the name they are commonly known by. I hope that members of the Committee agree that the provisions, while technical, are important, and that both statutory instruments are, in their way, a step towards modernising the delivery of elections in Northern Ireland, and that they will support them.
Karin Smyth (Bristol South) (Lab)
It is a pleasure to serve under your chairmanship, Mr Hollobone. We have literally run here from another Committee, so forgive us if we are slightly behind. We will, obviously, support the Government tonight, and I thank the Minister for his detailed explanation of measures that are technical and important.
The Minister mentioned, with reference to the draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020, that my hon. Friend the Member for Rochdale raised the matter following the Máiría Cahill case last April. The then Minister said that the Government were tremendously sympathetic, so my hon. Friend will be pleased that the next time the Government are tremendously sympathetic something will result from it.
The measure is important and will make things safer, by protecting candidates. It may encourage more people to take part in local elections in Northern Ireland, and there is consistency in bringing those local elections into line with the arrangements in place for the Assembly and general elections, where addresses are not made public.
These provisions will improve engagement and accuracy, and simplify the registration process, and we are pleased to support the Government on both of them.
Ian Paisley
It is an honour to serve under your chairmanship, Mr Hollobone. I just want to make two or three brief points, to which I hope the Minister can respond. He has already responded positively on the issue of increased investment in electoral officers. That is important and I welcome the comments he has already made that, hopefully, with increased efficiency, funding will ultimately be released. As to training and access, the officers are very competent but are sometimes let down by the fact that there is not sufficient money, or sufficient investment in them. That is not their fault, and it is important that that assistance be given.
There should also be reassurances about measures to protect against fraud in the use of the website. Too often, Northern Ireland elections have been characterised by the expression, “Vote early, vote often.” While that was often said with tongue in cheek, unfortunately in some constituencies the result could be distinctive changes, if someone personated a number of electors on a number of occasions and stole their votes.
That could be possible with website registration and I want significant safeguards so that a person who does not have access to the web will not find that their vote is taken by someone else who is mysteriously able to personate them on the website and steal it. That would be an absolute travesty. Technology should of course make registration easier; it should not be about creating opportunities for the criminal to steal a person’s vote. I hope that the special provisions can be put in place to protect against fraud and to punish those engaged in it, if that happens.
I would also like a reassurance that we are not in any way whatever moving towards electronic voting. Again, it is important for people to see election day as something they participate in by physically turning up and playing their part in the democratic process. That is absolutely key and important.
I feel rather experienced in and able to speak about the electoral petition, given that in 2018 I was the subject of such a petition. There was the point to do with access to certain information, and it is the case that after a re-election a person is able to get the marked register. With an election petition, the marked register shows absolutely everyone who voted the one way—the only way in which they could vote—so it would be completely wrong for that petition to be made available to the public, because it highlights people who took a particular point of view. That would breach anything to with the notion of the secrecy of the ballot.
A number of people, however, were questioned by the police after that petition. I discovered that, ultimately, the police found that they did not have the necessary power to proceed with prosecutions, so that is something the Government will have to look at again, in that the law is deficient in that ensuring against personation—fraud—in an election is not properly managed in that regard.
With regard to the draft Local Elections (Northern Ireland) (Amendment) Order, it is absolutely correct to bring this matter into alignment with the situation for candidates in a general election, as the Minister outlined: they do not have to give out their home address. Instead, they can say, “The candidate from County Whatever”—that is sufficient identification—and that should be the case for people running in a local government election. It is only fair that they should feel safe and comfortable, and that they will not come under any sense of intimidation whatever.
Mr Walker
I welcome the support for these sensible regulations from everyone who has spoken in the debate, including the constructive support of the hon. Member for Bristol South. She mentioned the case of Máiría Cahill and the Minister at the time saying that we were tremendously sympathetic. She is right that the hon. Member for Rochdale would welcome the action taken, and I pay tribute to his work as shadow Secretary of State for Northern Ireland over a long period. He was certainly always a pleasure to work opposite, as indeed is she.
The hon. Member for North Antrim rightly raised the question of resource for electoral officers. As I said, some of the resource that is freed up as a result of these changes will help in that respect, but of course the democratic process needs to be properly resourced. That is certainly something we will continue to discuss with the relevant organisations, to ensure that they have the resources necessary.
The hon. Gentleman absolutely rightly also raised the issue of measures to protect against fraud. It is important that using an online system does not make the system in any way more open to fraudulent applications. Details of an applicant’s name, date of birth and national insurance number will be checked against the national Department for Work and Pensions database to ensure state-of-the-art identity verification, but, once that identity check has been conducted, the electoral officers will still run further data matching to verify addresses. The safeguards are important.
The hon. Gentleman is also right to draw attention to the fact that there have to be consequences for people who conduct electoral fraud. That is not the purpose of the draft order or the regulations, but it is provided for elsewhere in the law.
I can give the hon. Gentleman the assurance that he seeks: this is in no way a move to electronic voting. This is about making the canvass system more efficient and effective, while recognising that people are now able and willing to register online for the purpose of canvass. However, we still think that voting in person is an important part of our democratic process. There is no attempt to move away from that.
The hon. Gentleman also spoke, as he said, with great experience of the petitions process. It is absolutely correct that the police need to have the right powers, so I undertake to take that issue away, look at it and ensure that we make the process as robust as possible.
With that, I commend the draft order and regulations to the Committee.
Question put and agreed to.
Draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020
Resolved,
That the Committee has considered the draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020.—(Mr Robin Walker.)
Abortion (Northern Ireland) (No. 2) Regulations 2020
(3 years, 10 months ago)
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The Committee divided: - Ayes: 15 / Noes: 2 - Question accordingly agreed to.
The Chair
Colleagues, we meet in extraordinary circumstances, but an awful lot of effort has gone into preparing this room. If anyone is puzzled, the purple cards showing a tick indicate where you can sit. No members of the general public will be coming into the room, so you can sit anywhere at the back. However, if you intend to speak, either project your voice or ask a colleague to swap seats with you so that you are near a microphone. I appreciate that a few colleagues have never served on a Delegated Legislation Committee before, and I am sure that everyone will bear with those Members as they seek to catch my eye.
The room has been assessed by Public Health England to be able to hold 22 people. As I have said, spaces are already clearly marked. Unmarked spaces must not be occupied. The usual convention of a Government side and an Opposition side is waived on this occasion, so Members may sit anywhere. Hon. Members are welcome to use the marked spaces in the Public Gallery and will be able to participate from there. For that reason, members of the public and the media are not permitted in the room. However, our proceedings are being broadcast over the internet on parliamentlive. Unfortunately, it has not been possible to arrange for video in a room of this size, so the broadcast is audio only. If you are not a member of the Committee but wish to speak, I ask that you leave the room after making your contribution, to allow others in to speak. You can follow the debate on the broadcast.
As the debate comes to a close, only members of the Committee, who are able to exercise a vote, should be present in the room. Let me explain what will happen if the number of people present in any part of the room exceeds a permitted number. I do not know whether some colleagues who are now in the Chamber, waiting to ask questions, will be waiting outside. What you see at the moment may not be what is happening outside, so you will just have to bear with us. I have been allowed to have one Doorkeeper as well. But if social distancing measures break down—no colleague wants to be criticised for that—I will briefly suspend the sitting until we sort things out.
Ian Paisley (North Antrim) (DUP)
On a point of order, Sir David. Is it in order for such major regulatory changes to be debated in a DL Committee? Already you have indicated that they cannot be properly debated because access is restricted for many colleagues who would like to have full participatory rights to be here to attend to these matters, to listen to every word that is said, and to be able to respond to every word that is said. Surely the appropriate place for this debate, if not the Floor of the House, must be a Northern Ireland Grand Committee, rather than a standard DL Committee. Should these proceedings not be brought to a halt until that Grand Committee is established?
The Chair
I thank the hon. Gentleman for notifying me of his intention to raise a point of order. Frankly, had he not done so, I would have been in the dark as to how we had arrived precisely where we are today, but I have sought advice, and this is the advice that I have been given. First, this is not a matter for the Chair. However, in order to be helpful, particularly to people in Northern Ireland who want to know why this is the position, I will explain that the scheduling of delegated legislation is a matter for the Government and the usual channels. Unless the Whip wants to say something, I really cannot comment further on that. The House made a decision on delegated legislation procedure, and Standing Order No. 118(5) states that I am to put the Question after two and a half hours of debate. Again, it is not within my authority to change that, and I trust that hon. Members will consider sharing out the time if we are to occupy proceedings for two and a half hours.
Ian Paisley
Further to that point of order, Sir David. Thank you for your leniency in allowing this further point of order. When this matter came before the House, it was given 17 minutes after it came back from the House of Lords, on a major piece of legislation that affects criminal law and law relating to everyone in Northern Ireland. Today we are being restricted to a DL Committee, so the maximum amount of time possible for debate today is less than two and a half hours, and of course the Government and the Opposition have to make their statements. Surely it is not appropriate for such a major issue of constitutional change in Northern Ireland to be shunted into a private room at the top of the stairs in Parliament, for a debate that is not even televised and so has minimal coverage, and these major laws are being changed. That cannot be in order for major constitutional change of this kind.
The Chair
I recognise how strongly the hon. Member feels on the issue, and those on the Government Front Bench will have heard what he has said, but I say again that this is really not a matter for the Chair. However, I am sure that the Government will reflect on the point that he has made—[Interruption.] Order. The right hon. Member for Lagan Valley needs to occupy a seat with a tick on it, which I am afraid will be down there.
Tim Loughton (East Worthing and Shoreham) (Con)
On a point of order, Sir David. I do not know whether we have been sold a pup or not. You just said that we will be here for two and a half hours. I was under the impression that a DL Committee took 90 minutes. Am I wrong?
The Chair
As this DL relates to Northern Ireland only, the debate can last for two and a half hours.
Caroline Nokes (Romsey and Southampton North) (Con)
On a point of order, Sir David. You said earlier that there was a limit on the number of people who could be in the room—people, not Members. May I just ask you to clarify how many that is, please?
The Chair
The number is 22. I hope that I am not going to be embarrassed to find out that there are already more than 22—[Interruption.] It is 18 plus eight in total. Apparently, it is 22 in front of me, so I assume that means 22 in what is the normal body of the room, and then it is eight beyond that. I wish we were not in these circumstances.
Jim Shannon
On a point of order, Sir David. In the deliberations that this DL Committee will make, the issue of legality becomes a very clear one, and if I do get the opportunity to speak I will want to make that point. From the Minister’s point of view, and from your point of view, Sir David, when it comes to the issue of legality and whether this legislation is legal to take forward, I am ever mindful of QCs’ opinion, which will probably be given at some length. I think it is important that we know where we are with this Committee legislatively, because if QCs’ opinion—legislative and legal opinion from Northern Ireland and elsewhere—seems to indicate that we are following a procedure here that is wrong, then I question whether we can proceed.
The Chair
Again, I say to the hon. Gentleman that that really is not a point for the Chair. However, I can reassure him that these proceedings and the way that we are going about dealing with this piece of legislation are entirely legal.
The Minister of State, Northern Ireland Office (Mr Robin Walker)
I beg to move
That the Committee has considered the Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020, No. 503).
I welcome your chairmanship, Sir David, and I thank the House staff for the work they have done to make this Committee Room safe for Members in the current difficult circumstances.
In proposing this debate, I recognise that this issue is a contentious and difficult one, and that there are strong opinions on all sides. I respect the deeply held views that Members will bring to this debate, and I am glad that the decision of the usual channels to allow a free vote on the issue will allow all Members to vote according to their conscience. However, I remind colleagues that in carrying out the instructions of this House of Commons from another vote last year, the Government are doing no more than meeting their legal duty.
We previously made the Abortion (Northern Ireland) Regulations 2020, which came into force on 31 March 2020, to set out the new legal framework for the provision of abortion services in Northern Ireland. Those regulations were also made under the affirmative procedure, and were required to be debated by 17 May 2020 to remain in force as law. However, the unprecedented situation created by covid-19 has impacted on parliamentary processes, and virtual voting systems were not yet fully implemented. We therefore took the decision to remake the regulations and give Parliament an additional 28 days to consider and scrutinise them properly, given the nature of this policy. This approach has ensured that the law on abortion in Northern Ireland continues to apply, with no risk of a gap or legal uncertainty, and that services in Northern Ireland can continue on the same legal basis as they have started operating within the new legal parameters.
Ian Paisley
The Minister has stressed that he is following a legal duty. If that is the case, I would like him to put on the record which treaty obligations he is in breach of if he does not pursue the implementation of a Committee on the Elimination of Discrimination against Women recommendation. I believe that we are in breach of no treaty, and that he is under no legal obligation to do what he is doing.
Mr Walker
The hon. Gentleman mentions treaties, but I did not; I mentioned a legal obligation, under which the House of Commons has placed us through section 9 of the Northern Ireland (Executive Formation etc) Act 2019. As he will know, as a result of an urgent question last week, we debated at some length the fact that we were bringing this forward, and I provided answers as to why we were doing so, rather than—as some in his party suggested—repealing section 9. I think this is a perfectly rational approach to delivering on the commitments that the House has placed on us under the 2019 Act.
Sir John Hayes (South Holland and The Deepings) (Con)
I am grateful to the Minister, who has behaved with genuine courtesy throughout the whole of this process. Would he comment on whether, in the write-round that precedes these things, our Attorney General expressed any concerns in respect of the legal and constitutional implications of these regulations? I appreciate that the Minister cannot detail any concerns—that would be inappropriate—but were concerns expressed by the Attorney General about the legal and constitutional implications?
Mr Walker
As my right hon. Friend knows very well, the Government never comment on legal advice. However, he is quite right to refer to the fact that there has been a write-round process, and the Attorney General of the United Kingdom has supported that process to allow these regulations to move forward.
This statutory instrument, the Abortion (Northern Ireland) (No. 2) Regulations 2020, came into force on 14 May and revoked the earlier regulations. These regulations have been made in accordance with the statutory duty that Parliament imposed on the Government last summer through section 9 of the 2019 Act. That duty was to make regulations to provide for lawful access to abortion services in Northern Ireland in a way that implemented the recommendations in paragraphs 85 and 86 of the 2018 United Nations Committee on the Elimination of Discrimination against Women report of the inquiry concerning the United Kingdom of Great Britain and Northern Ireland, under article 8 of the optional protocol of the convention on the elimination of all forms of discrimination against women. The CEDAW recommendations mandate access to abortion services at least in the cases of
“(i) Threat to the pregnant woman’s physical or mental health without conditionality of ‘long-term or permanent’ effects;
(ii) Rape and incest; and
(iii) Severe foetal impairment, including FFA, without perpetuating stereotypes towards persons with disabilities and ensuring appropriate and ongoing support, social and financial, for women who decide to carry such pregnancies to term.”
Jim Shannon
The Minister will know that the GB law allowing discriminatory abortion is already under fire. The way things are shaping up here, abortions of those who have Down’s syndrome, for instance, could actually take place. What consideration has the Government given to the GB law allowing discriminatory abortion, given that it is already under fire but this legislation is coming through with the same intention?
Mr Walker
The hon. Gentleman is perhaps referring to litigation that is under way, which I of course cannot comment on. What I can say is that we gave very careful consideration, both in the consultation itself and in the follow-up to it, to all aspects of this legislation. We decided to follow the approach of GB law by not specifying particular conditions, but being clear that the approach to severe foetal impairment has to be for the individual woman, in consultation with medical professionals. We think that is the right approach; it is the approach established elsewhere in the UK, and indeed in many other jurisdictions.
The CEDAW report does not recommend or mandate specifics of how access should be provided. In particular, it is silent on issues such as gestational time limits for legal abortion, which it leaves open to the state to determine. The key requirement is to ensure access to services for women and girls in the circumstances I have set out, and abortions should be delivered as part of sexual and reproductive health services.
We recognise that this is a sensitive and personal issue for many people. We have heard many differing views about abortion in this House and the other place over the past 12 months, including in the debates on the reports under the Northern Ireland (Executive Formation etc) Act 2019. I extend my thanks to all hon. Members who have engaged with me over recent months in discussions about these regulations, and have contributed views and shared insights from the wider engagement that they have been having with a range of constituents and other stakeholders.
Carla Lockhart (Upper Bann) (DUP)
The Minister refers to the fact that a number of people have contributed to this debate, but does he not accept that the Northern Ireland Assembly—the place where this should be debated and decided upon—was unable to contribute to the debate and articulate its view? It voted on Thursday. Why has this Committee not taken cognisance of that vote?
Mr Walker
I respect the hon. Lady and the position from which she is arguing, but the Northern Ireland Assembly has had many opportunities to take forward these issues and provide a framework that would address the requirements of CEDAW, and it has not taken them. As she refers to the debate, I reiterate what I said in response to the urgent question last week: the Northern Ireland Assembly chose to vote on one aspect of these regulations and said that it did not like it. It did not debate the full details of the regulations themselves, and it did not provide a way forward that is compliant with CEDAW. I am very happy for it to debate these issues and take them forward, but it must do so in a way that is CEDAW compliant. It has every right to do that and reform these regulations, should it choose to do so in a way that is CEDAW compliant.
I appreciate that this is an issue on which views are deeply held, and I respect the fact that people coming at it from either side of the argument are doing so with the best interests of others in mind. I have no doubt that the arguments that we will hear today, across the whole spectrum of opinion on the subject, come from the heart and will be well informed. The starting point for the framework was that, as a result of the repeal of sections 58 and 59 of the Offences Against the Person Act 1861, from 22 October 2019 carrying out an abortion is no longer a criminal offence, except for late-term abortion, to which the offence of destroying a child capable of being born alive would still apply.
In relation to complying with the statutory duty on the Government, our overarching policy aims were to ensure that the framework protects and promotes the health and safety of women and girls, provides clarity and certainty for the medical profession, and is responsive and sensitive to the Northern Ireland Executive and Assembly being restored from January, where our legal obligation remained to act on this issue.
Towards the end of last year, we publicly consulted on the proposals for the new legislative framework. The consultation gave people and organisations in Northern Ireland an opportunity to provide input and views on how we could best deliver an abortion framework consistent with our statutory duty. We were clear in that consultation that this is not about whether the Government should deliver on our statutory duty, but rather about how we can most effectively deliver a framework as required.
The Government have engaged with a range of stakeholders in Northern Ireland during this process and in recent months, including political parties, medical professionals, women’s groups, abortion service providers, trade unions, civil society organisations, individuals with lived experience and church groups. We listened to feedback expressed in the consultation process and through various engagements, and we have responded accordingly. We have sought to balance the range of views against our statutory duty, and to take pragmatic decisions informed by evidence.
Many stakeholders have welcomed the regulations, including the Northern Ireland Human Rights Commission. It is our firm view that the regulations provide a new legislative framework that is operationally sound, works best for Northern Ireland and delivers on the Government’s statutory duty.
Sir John Hayes
On the issue of the legality of these regulations, I understand the Minister’s reticence about discussing the legal advice from our Attorney General, but he will know that Northern Ireland’s Attorney General has also commented, and made those comments publicly available. That gentlemen has argued that regulations 7 and 12 are ultra vires and that, in respect of regulation 13, the Secretary of State may have been guilty of misdirection. Those are very serious remarks from a Law Officer. Would that advice not make it almost impossible to receive these regulations in Northern Ireland?
Mr Walker
My right hon. Friend refers to the Attorney General’s comments to the Executive, which, as he says, he has made public.
I am, for my part, very confident that we have the vires under the Northern Ireland (Executive Formation etc) Act 2019 to carry forward the legislation. I have to say to my right hon. Friend, whom I greatly respect, that this issue has been a matter of contention over a long period. He, like me, would much rather that Northern Ireland politicians had been able to address the issue together and take it forward, but that has not proven to be the case. It was in recognition of that that this House told the Government to take action on this issue.
Stephen Farry (North Down) (Alliance)
Further to his correct response to the right hon. Member for South Holland and The Deepings in relation to legal advice, does the Minister recognise that the courts in Northern Ireland and, in particular, the UK Supreme Court have already ruled that the outgoing abortion regime in Northern Ireland is incompatible with human rights? In that regard, I pay tribute to the work of Sarah Ewart in championing the need for reform.
Mr Walker
Absolutely, and I recognise that the decisions that this House took to give the Government the locus to act on these issues were partly in the light of those judgments, both in the Belfast High Court and in the Supreme Court. The hon. Gentleman is right to address those issues. I must say, having met with Sarah Ewart and her mother, that I was hugely impressed by the courage that she has displayed in bringing her issues to light and publicly engaging in this, coming from a background that was not necessarily one that people would expect.
Jim Shannon
Does the Minister recognise the depth of feeling among the community across Northern Ireland? He referred earlier to churches and so on, but he will know that some 20,000 people signed a petition in Northern Ireland. In comparison with the rest of the United Kingdom, that would equate to half a million people on the mainland signing a petition. When it comes to looking holistically across the whole of the community, the number of people who are unhappy with the legislation going ahead is very important. There are indications that some 71% of the population would be unhappy with this liberalisation of abortion going ahead in Northern Ireland.
Mr Walker
The hon. Gentleman refers to statistics, and numbers of people. These are contested matters; we hear of different polls giving different results on these issues. What is very clear is that this Parliament mandated the Government to deliver on this issue. We have the vires to do so, and we have sought to do.
Mr Walker
It was the last Parliament, as my right hon. Friend points out. I believe that the majority by which that Parliament, on a free vote, mandated the Government to do this was around two thirds. I think it is very clear that this is the right thing to do, partly because of the issues raised by the hon. Member for North Down.
I know that a number of hon. Members, including the hon. Member for Strangford when he just spoke, have expressed that this has resulted in what they view as a more liberal regime than in Great Britain. I do not believe that that is the case, and we have sought to ensure proper and appropriate implementation of the CEDAW recommendations, in a way that means that the outcomes delivered will be equivalent to those in the rest of the UK, to ensure that women and girls have the same access to services in similar circumstances.
Therefore, many of the provisions in the regulations mirror provisions under the Abortion Act 1967 on such issues as conscientious objection to ensure consistency in the provision of services across the UK. The Government’s response to the consultation, published on gov.uk, sets out further detail on how the Government made their decision on each element of the framework, and the reasons behind each decision.
I will briefly turn to an overview of the key elements of the regulations. They provide for access to abortions without conditionality up to 12 weeks’ gestation. We judge that that provision is proportionate and appropriate in order to implement the CEDAW recommendation of ensuring access in cases of sexual crime, while avoiding building a system that could lead to further trauma for victims of rape or incest, or act as a barrier to access for those victims. A barrier to access would, in the Government’s view, be a breach of the CEDAW requirements.
Without a period of access without conditionality, the duty to report a crime that applies to everyone in Northern Ireland, including medical professionals, could create a perceived barrier to access for victims of sexual crime and lead to women or girls seeking alternative, unsafe options outside the health system, which we want to avoid now that there is lawful access. We know that that was an issue in preventing access to even the very limited scope of abortions that were legally available prior to October 2019.
The regulations also set out three further circumstances in which an abortion is legal: first, up to 24 weeks’ gestation, in cases where the continuance of the pregnancy would involve risk or injury to the physical or mental health of the pregnant woman or girl greater than the risk of terminating the pregnancy; and, secondly, in cases of severe foetal impairment and fatal foetal abnormalities with no gestational time limit. That is where there is a substantial risk that the condition of the foetus is such that the death of the foetus is likely before, during or shortly after birth; or, if the child were born, it would suffer from such physical or mental impairment as to be seriously disabled. The third set of circumstances are cases where there is a risk to the life of the woman or girl greater than if the pregnancy were terminated or, where necessary, to prevent grave permanent injury to the physical or mental health of the pregnant woman or girl, including in cases of immediate necessity—with no gestational time limit.
In such cases, the regulations require that two medical professionals, as defined in the regulations, certify in good faith that the ground has been met. Abortions are also allowed where it is immediately necessary to save the life, or to prevent grave permanent injury to the physical or mental health, of the pregnant woman. The CEDAW report is silent on the question of gestational limit in such circumstances. We consider that the above grounds are an appropriate way of delivering on our statutory duty and implementing the recommendations of the report in a way that will work effectively in practice. An intentional contravention of the requirements to certify that an opinion has been reached in good faith that one of the grounds under the regulations has been met to allow the abortion is punishable by a fine of up to £2,500.
The regulations allow for abortions to be provided by a doctor, nurse or midwife. They may be carried out in general practitioners’ premises, clinics provided by a health and social care trust, and health and social care trust hospitals, operating under the overall Northern Ireland health and social care framework. Early medical abortions are carried out by taking two pills. The regulations allow the second pill to be taken at a woman’s home, following the first pill being taken at an approved location. That mirrors the approach used in the rest of the United Kingdom.
The regulations allow the Department of Health in Northern Ireland to approve other places where abortions may take place—a power that mirrors the power for the Secretary of State under the Abortion Act. That could be used, for example, to approve third or private sector provision, or to enable greater use of telemedicine.
The regulations require the medical professional to notify the chief medical officer of the Northern Ireland Department of Health of the abortion, alongside other relevant data specified in the regulations. The Department of Health in Northern Ireland will then be responsible for annual publication of relevant data. To ensure confidentiality and the protection of personal data, the regulations impose restrictions on how the data can be used. Disclosure of information notified to the chief medical officer, other than in accordance with the regulations, is an offence punishable by a fine of up to £2,500.
We recognise the strongly held beliefs about abortion. That is why the regulations make it clear that no one will be required to take part in treatment for abortion to which they have a conscientious objection. The only exception is where that treatment is necessary to save the life, or to prevent grave permanent injury to the physical or mental health of a pregnant woman.
That protection mirrors precisely the conscientious objection provision in the Abortion Act, is consistent with the interpretation of that provision by the Supreme Court, and does not extend to the ancillary, administrative and managerial tasks that might be associated with that treatment. The Government are satisfied that the current scope of the conscientious objection provision works satisfactorily in the rest of the UK, is human rights compliant, and is therefore appropriate to apply in Northern Ireland to the provision of abortion services under the regulations.
Finally, the regulations impose a criminal sanction on anyone who intentionally terminates or procures the termination of the pregnancy of a woman otherwise than in accordance with the regulations. That is about where someone is acting dishonestly or negligently, and it will not apply where a termination was done in good faith for the purpose only of saving the woman’s life or preventing grave permanent injury to the woman’s physical or mental health. It is not intended that a medical professional should be prosecuted where they form an honest opinion in good faith as to risk, but makes a factual error.
As an additional protection for medical professionals, the consent of the Director of Public Prosecutions is required before proceedings can be brought under the regulations. Other criminal laws will continue to apply, including section 25 of the Criminal Justice Act (Northern Ireland) 1945, which prohibits the destruction of a child otherwise capable of being born alive. However, the regulations make relevant amendments necessary to ensure that abortions carried out in accordance with the regulations by the relevant medical professionals are not contrary to section 25 of the 1945 Act, and no woman or girl can be prosecuted with respect to ending her own pregnancy.
Ian Paisley
Is it not disingenuous to say that the regulations mirror what happens in GB? In GB, if what the Minister describes were to occur, a person would face imprisonment from up to five years to life. In the Republic of Ireland, that person would face up to 14 years’ imprisonment. In Northern Ireland, the very maximum that anyone would face for breaching this criminal law would be a fine of level 5, which is about £2,500. Is it not the case that the regulations do not mirror legislation, but liberalise that legislation?
Mr Walker
As I said, we set out in our response to the consultation the detail of how each of the decisions in this process was reached. We recognise that the situation ante this regulation in Northern Ireland was that the Northern Ireland (Executive Formation etc) Act 2019 had already removed the criminal sanctions, so we were under an obligation to create a framework, then reimpose criminal sanctions outside of that framework. That is the way in which we have addressed this.
We are clear that this is a situation in which CEDAW requires us to ensure that women and girls cannot be prosecuted for these regulations, and the regulations should not have—as, unfortunately, it was clear from some of the consultation responses, the criminal law previously did have in Northern Ireland—a chilling effect on availability, nor erect any barriers to access.
Mr Walker
I will make a little bit of progress and allow the hon. Lady to come in before the end. Access to abortion services in Northern Ireland is now a matter for the Northern Ireland Department of Health, as well as the Health and Social Care Board and the Health and Social Care Trust, to take forward, as a new health service.
We continue to have full respect for the devolution settlement, recognising that health is a devolved matter, and to that extent have ensured that, where possible and practical, the regulations can be developed over time, in a way that works best for Northern Ireland by Northern Ireland. For example, the approval power for the Northern Ireland Department of Health to approve new locations in which services can be provided will allow it to respond to service needs and development over time, as the services are commissioned and embedded into health and social care settings in Northern Ireland.
Some interim service provision on the ground in Northern Ireland has now commenced, with early medical abortion services being provided as part of the existing sexual and reproductive health services in the Belfast, northern and western trust areas. This is to ensure access on the ground during covid-19, before fuller services have been commissioned by the Health and Social Care Board.
Of course, abortion remains a devolved issue in Northern Ireland going forward. That means that the Assembly is able to legislate further on abortion, subject to the usual Assembly and other procedures, including compliance with the European Convention on Human Rights. The UK Government will continue to ensure that we abide by our domestic and international legal obligations. The Government stand ready to provide whatever support and guidance we can both to the Northern Ireland Minister of Health and the Department of Health, to assist them in progressing work to set up abortion services in line with our new legislative framework.
As set out in our response to the consultation, the Secretary of State for Northern Ireland has written to the relevant Northern Ireland Ministers to ensure the implementation of all the recommendations under paragraphs 85 and 86 of the CEDAW report, and the Northern Ireland Office will continue to work closely with the Department of Health and other Northern Ireland Departments in continuing to progress this work.
I hope that the Committee will support these regulations. We believe that they will fully deliver on the requirements placed on the Government by section 9 of the Northern Ireland (Executive Formation etc) Act 2019 and allow us to move forward in a way that protects the safety of women and girls in Northern Ireland, will remove over time the need for travel for women and girls facing extremely difficult circumstances, and provide certainty and a clear framework for medical professionals. I commend these regulations to the Committee.
Karin Smyth (Bristol South) (Lab)
It is a pleasure to serve under your chairmanship, Sir David. I would like to start by thanking the Minister, his officials and the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith), for the way in which they have opened up and agreed to work with us constructively on this issue.
This has been a difficult issue for the Government, because for over 50 years, women in Northern Ireland have been denied rights equal to those of the rest of the United Kingdom. Politicians in Northern Ireland and Britain, of all political colours and in all Governments, have been united in ensuring that a complicated array of arguments have been deployed to ensure that women have no route to have their voice heard.
I pay tribute to all those women over those decades and, in many cases, their male partners, who have shared traumatic experiences and shone a light on the cruelty inflicted on them by a state that should care more. I also pay tribute to many campaigners and politicians who have pursued this over the decades, those who have offered refuge in Britain for women seeking help, and my hon. Friend the Member for Walthamstow, who last year brought a coalition of support together in this place to ensure that we meet our human rights obligations and end the decades of stalling on this issue.
Abortion has not been a criminal offence since last October. Services could have been provided since last October. All we are doing today is giving confidence to women and practitioners about the detailed scope of those services. We support the Government in laying these regulations, which have benefited from a great deal of discussion—the Minister has been very flexible in listening to people and making alterations along the way. As has been mentioned, we were disappointed to see the criminal sanctions reintroduced, but I understand why the Minister has seen fit to do that. There are some issues that I would like to raise with him.
The Government have been clear on their legal obligations since October. It is also clear that the Department of Health in Northern Ireland is not progressing with the commissioning of services to meet those obligations. Some services are available, but they have been developed by practitioners and third-sector support, which is necessarily piecemeal and geographically iniquitous—it is a postcode lottery and cannot continue. As strong supporters of devolution, we recognise that this is difficult political territory, but we will hold the Secretary of State to account to ensure that services are available, so that the UK Government meet their obligations.
As I have said, women in Northern Ireland have been ignored and bounced between Stormont and Westminster for 50 years. It would be particularly cruel for the Stormont and Westminster Governments to think that no more needs now to be done. It would be callous to force more women and their families to relive a trauma and bring legal proceedings to make wider commissioning happen. It is irresponsible that services are not currently commissioned more quickly to stop women having to travel during this pandemic. That does not show concern for all those women’s lives.
Will the Minister outline exactly how he will work with the Assembly and the Minister in Northern Ireland to ensure that services are commissioned beyond 10 weeks’ gestation? By what date can women in Northern Ireland expect to see that happen? We note and welcome the fact that the Government will continue to honour their commitment to funding travel from Northern Ireland to Britain. Will the Minister say how long the British taxpayer will be asked to support the refusal by the Northern Ireland Department of Health to provide a local service?
Before coming to this place, I worked as a commissioner of NHS services for some 20 years and served on a primary care trust as we developed sexual health services. Frankly, I have been really horrified by what I have learned in recent months about the level of sexual health services education in Northern Ireland. Although the Committee is discussing abortion regulations, I want to highlight the fact that during the passage of the Northern Ireland (Executive Formation etc) Act 2019, we talked about paragraph 86 of the CEDAW report, which is broadly about advice, guidance and education, including education for young people. It would be helpful if the Minister indicated how we will make sure that that particular provision is adhered to.
Finally, on the commissioning of services for very late abortions, as part of our inquiry on the British-Irish Parliamentary Assembly—led by Lord Dubs—I was a member of a Committee that took evidence in London, Belfast, Dublin and Liverpool. As a result of the public health approach that has been adopted in Britain, very late abortions are now thankfully rare and medical expertise is therefore highly specialised in Britain, as it is now particularly in Northern Ireland and in the Republic of Ireland. Cross-border healthcare in Ireland is a key component of the Belfast/Good Friday Agreement. Will the Minister indicate whether he will work to ensure that that area of healthcare is monitored as we progress, and to support the provision of and access to highly medicalised services for very late abortions across all these islands?
Several hon. Members rose—
The Chair
Order. At least five colleagues wish to speak—I do not know whether anyone is waiting outside—and we have until 6 o’clock. In calling people, I shall give preference to members of the Committee. I call Mrs Maria Miller.
Mrs Maria Miller (Basingstoke) (Con)
Thank you, Sir David; It is a great pleasure to serve under your chairmanship. I was reminded that it was just over a year ago that the Women and Equalities Committee published its report on abortion in Northern Ireland after colleagues and I spent an extensive period looking at the issue. I am really grateful for the opportunity to contribute to the debate.
The Government have introduced regulations that put into place the decisions of this Parliament, which were democratically agreed very recently. The regulations also right a wrong that long predates this Parliament and devolution, and has been sidestepped by all political parties. It is absolutely clear that the Government have a legal obligation to act, not only because of the recent decision of Parliament, but because of the decisions of the courts in recent years. While abortion is a devolved matter, that is clearly a fudge, because there are clear and specific obligations that the Northern Ireland Assembly must adhere to when it passes legislation—that it cannot be contrary to the UK’s international obligations or contrary to human rights law. It is a fudge, because this law predates that devolution, and it was not tackled at the time of devolution itself. However, devolution does not remove the UK Government’s responsibilities to ensure that all the law in the United Kingdom complies with international obligations, and it does not remove the Government’s obligation to ensure that all law is compliant with human rights law as well.
The United Nations committee on the elimination of discrimination against women found “grave violations” in relation to abortion law in Northern Ireland as it stood previously, particularly regarding fatal foetal abnormality, rape and incest, and “systematic violations” in the criminalisation of abortion and the restricted access to the ability to end pregnancies for many women, because of the need to travel outside Northern Ireland to secure it.
That is something that we should all be concerned about. We undertake international obligations so that we can comply with them. Those in Northern Ireland cannot simply have special pleading to sit outside that framework. What is more, at home, the UK Supreme Court identified very clearly that there was a breach of women’s article 8 rights in the law as it stood. The highest court in the land identified that the law breached human rights, and that is not something I believe any Government should ignore.
On top of that, if the Democratic Unionist party Members argue that this is something that is being foisted upon them, I would be interested to understand why, in October last year, the High Court in Belfast itself, in the heart of that community, found that the law as it stood was incompatible with article 8 rights.
Ian Paisley
The right hon. Lady should know that the European convention on human rights case that was brought by the ECHR was dismissed by the Supreme Court in Northern Ireland. It was not upheld. It was dismissed.
Mrs Miller
And the hon. Gentleman will know that some of the problems in that case related to the standing of the Northern Ireland Human Rights Commission, which I will come on to later, if I may. I hope that in raising that point, he was not seeking to try to mislead people who are following this debate. It is important that we stick to the facts of the debate, because—[Interruption.] If I may finish my point, in our visits as a Select Committee to Northern Ireland, the one thing that was overwhelming was how confused people were about the law.
Ian Paisley
I do not attempt to mislead anyone. It is stated in the documents that are before us. The fact is that, whether we like it or not, no matter the reasons or the deliberations of the Supreme Court of Northern Ireland, it dismissed the ECHR case because the plaintiff had no standing. End of story. That is a fact. That is what I said.
Mrs Miller
Again, I thank the hon. Gentleman, and we will not fall out over this, but I will gently remind him that it has been widely accepted that the reason the case was not accepted either in Northern Ireland or in the Supreme Court just over the road was because of a technical error in the drafting of the legislation when the standing of the Northern Ireland Human Rights Commission was drawn up.
Stella Creasy (Walthamstow) (Lab/Co-op)
It may be important for the record that we recognise that there have been many human rights cases involving abortion, Northern Ireland and the ECHR, and other cases have indeed ruled that there are breaches that need to be addressed, but they recognised that this Parliament was seeking to act. If, for completeness, we are to recognise that, yes, some rulings have been dismissed on technicalities, there have been others, for example, where the court has ordered compensation to be paid to women who have suffered injustices as a result of the law, and it is therefore right that we act to address it.
Mrs Miller
I thank the hon. Lady for that intervention, and I think the Minister needs in his summing-up to give some assurances to hon. Members here today that there will be clarity for people in Northern Ireland and that we will not continue to have this fear culture, bringing a lack of clarity for women, doctors and medics on the ground, not knowing whether the law that has been passed here is, as we have said it is today, the law of the land. He has to make that crystal clear.
To echo what the Minister said earlier, to paint this as a liberalisation of abortion law is not consistent with my reading of what is being put forward. Introducing the 12-week limit is consistent with the Republic of Ireland, and given the cross-border issues, I am sure the Minister thought carefully when he put that provision in place. The remainder of the changes are more or less consistent with the rest of the Abortion Act 1967, as it applies in England and Wales, and consistent with the regulations surrounding the use of medical abortion pills, particularly that women now have the option to take a second pill as part of the treatment at home. It is crucial that we communicate these details to women who will be trying to navigate something that is, perhaps, being obscured to them in the way it is being reported.
I echo the tributes made by the hon. Member for Bristol South to the women who have had the courage to bring cases, to speak out to Select Committees, including the Select Committee on Women and Equalities, which I chaired at that time, and to talk about their experiences, to ensure that people knew in full about the suffering they had gone through.
Richard Graham (Gloucester) (Con)
Does my right hon. Friend agree that, to many of us here, it is matter of huge regret that Northern Ireland has proved unable, so far, to resolve these issues herself, in the usual democratic way, and that this Parliament is only getting involved, alas, because of the failure to do so?
Mrs Miller
My hon. Friend is absolutely right, but we need to grasp this issue fully and not apologise for the fact that we have taken the time to legislate. We firmly want to see the legislation that we have passed put into law and to be clarified for those who live in Northern Ireland.
As the Minister knows, passing that law is not enough. I have some of the same concerns as the shadow Minister about Parliament, here in Westminster, passing a law that will then be implemented by an Administration that was not part of the process of drawing up the law. We need to have some assurances from the Minister that while he, of course, will not have day-to-day responsibility for the implementation of the law, that he will make sure that it is implemented, because he has international and legal obligations to do so. It is important that he spells that out in when he sums up.
Tim Loughton
I agree with everything that my right hon. Friend has said. She was talking about uncertainty and the dilemmas that that provides for women in Northern Ireland. Would she agree that, if these regulations do not go through, the uncertainty will continue, and we will see a return of the absurd and obscene travel from Northern Ireland to try to find alternative provision in England and Great Britain, at a time when travel is not advised because of the coronavirus epidemic?
Mrs Miller
My hon. Friend is right. The Select Committee report, just a year ago, found that there was a postcode lottery for provision and showed that lack of access to abortion in Northern Ireland drove many women to have to seek abortions in England, without the support of family and friends. There were some traumatic stories that were completely unacceptable.
Carla Lockhart
The right hon. Lady makes reference to the people who have spoken out and raised their concerns about their own personal situations. Will she also take note of Heidi Crowter, the Down’s syndrome campaigner, who has spoken out loudly and clearly, and said that this Government make her feel that she should not exist?
Mrs Miller
I pay tribute to the hon. Lady. She has spoken extremely eloquently, not just here today but in the Chamber, on that issue. She is right that there is a massive tension when it comes to abortion and what constitutes the grounds for it. She is right to speak out about that. Many people would agree with her that Down’s syndrome is not grounds for abortion, but I am sure, like me, she has met women who have been forced to take a pregnancy to full term, in the certain knowledge that their baby will die either before or shortly after birth. That is not right and cannot be countenanced. In making sure that individuals with Down’s syndrome have a right to life, we do not have to put in the way a prohibition on abortion for those who really require it.
Sir John Hayes
In her advocacy of clarity and certainty, perhaps we can be clear and certain about those who were just named in the intervention by the hon. Member for Upper Bann. Can I ask a straightforward question? Will she back the Bill that will be presented to the House to prohibit the abortion of people with cleft lips and palates or clubbed feet, who are currently under the law in this country, let alone in Northern Ireland, being aborted, but could live and be successfully treated?
Mrs Miller
I will look carefully at the measure that my right hon. Friend is talking about because although this is a live debate, it should not fog what is a wrong and inappropriate system in Northern Ireland where women in very difficult situations have not been able to access a service which I am afraid his and my constituents would take for granted. That is not right.
Sir David, I will make progress and I am sorry to colleagues who would like to intervene—maybe I should speak a little more before accepting any further interventions. The simple truth that we found when we spoke to people on the ground in Northern Ireland of all views—it is our obligation as a Select Committee to have done that—was that there were some doctors who believed that referring women for an abortion in England was unlawful—fact; and that women were being forced to bring back the remains of their foetuses in their hand luggage because they were not able to be treated more formally for fear of being reported to the police. These are the sorts of things that we found in the Select Committee inquiry—practices that we would not accept in any other part of the United Kingdom. I gently ask DUP Members who are unhappy about this coming into play to look at the detail of those inquiry submissions to understand the reality of what was happening on the ground for too many women.
In the absence of an independent regulator of health in Northern Ireland, can the Minister confirm again—I asked him this question on the Floor of the House—who will monitor the implementation of these new regulations which have to include the expansion of training and medical facilities, because there is no independent regulator to do that? What obligations are there on the Northern Ireland Government to ensure that any future re-evaluation of this policy has to be human rights compliant and has to be compliant with the international obligations of the United Kingdom of which they are part?
The Select Committee recommendations included the very useful recommendation that the General Medical Council should run a campaign to raise awareness about how to complain about a doctor if they fall short on standards expected under the law, particularly with regard to abortion. That would help to increase public confidence and, perhaps, confidence among doctors about what is lawful and what is not lawful, because in our conversations with doctors only a year ago, it was clear there was a huge amount of confusion.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
I am following very carefully what the hon. Lady is saying. Does she agree that there is a role for the royal colleges as well in terms of the training and support that their members need to understand fully the new legislative background and framework that have been put into place? If any future changes to the regulations are not CEDAW compliant, what does she understand would happen? What measures could be taken to deal with that?
Mrs Miller
The hon. Lady is right to say that there is room for more than just the General Medical Council to be involved in communicating these changes. It should go broader than that. I have to say that members of the Select Committee were quite shocked at the lack of involvement of the royal colleges in the situation in Northern Ireland, despite the fact that they were very aware of what was going on. There needs to be more courage coming from the royal colleges in ensuring that their members adhere to the law.
In terms of CEDAW compliance, there are obviously regular monitoring visits from CEDAW where it can come along and look at the law, but I think the Minister would want to make sure that he would not fall short when it came to a CEDAW compliance visit. I am sure that he will be keeping a very careful eye on that, as indeed will any Ministers who follow in his footsteps.
We have heard today the very strong differences of opinion on this issue. Therefore, as a Committee we should be under no illusion about the need to communicate the changes that the regulations introduce. However, after hearing the Minister speak, I have to say that there is one thing I am a little confused about. When he sums up, could he clarify whether, under section 5 of the Criminal Law Act 1967, there is still a requirement on doctors to report all criminal offences to the police, including rape and incest, because that is an important measure that at the moment stops women seeking the help they need for fear of criminalising someone in their family?
Change is not enough unless we communicate it, particularly to the large rural population; that came through very clearly in our Select Committee hearings. So, will the UK Government support organisations to explain these changes to rural communities?
As I have just said, we have heard today about the disagreement regarding the changes that are being introduced. Can the Minister confirm to the Committee that he will seek clarity between our Attorney General and the Attorney General for Northern Ireland that what has been agreed today is lawful?
Finally, we have already touched on the issue that one of the reasons we are in this situation and that the UK Government have had to act is because a serious error was made in the law regarding the legal standing of the Northern Ireland Human Rights Commission. At the time of our report a year ago, the Government undertook to right that wrong swiftly. Can the Minister please update the Committee on when that will happen, so that the Northern Ireland Human Rights Commission has the standing that it thought it had in the first place?
Many people will be listening to this debate today who took their courage in their hands and spoke out about this issue. We are making these changes for them and for women who come after them. I fully support the Minister in all that he has done and I commend him for the way that he has handled a very difficult and sensitive matter.
Several hon. Members rose—
The Chair
Order. I hope that colleagues will bear in mind that this Committee must finish at 6 o’clock. I now have five Members who wish to speak and of course we want the Minister to be able to respond to the various points that are made. I hope colleagues will bear that in mind and share the time out.
Carla Lockhart
It is a great pleasure to serve under your chairmanship today, Sir David.
I believe that the crux of this issue is one of respect: respect for devolution; respect for the devolved Assembly; respect for the will of the people of Northern Ireland; and respect for those with disabilities. I respect this place; I respect its role and its authority. As MPs, we should stand up and defend the authority of this place to rule on all aspects over which it has competence.
My colleagues in the NI Assembly ask for the same. Last week, 75 out of 90 Members of the Legislative Assembly indicated that they did not support abortion for non-fatal disabilities, yet this Government proceed. To borrow a phrase, those 75 MLAs want to “take back control” of abortion law. They want to defend the life of the unborn with a disability. Indeed, an open letter that Baroness O’Loan and I launched on Friday, to present to the Government, has more than 12,000 signatures already. That shows the depth of feeling in Northern Ireland.
In the time available, I will focus my remarks on regulation 7; as drafted, it legalises discrimination. While regulation 4 protects viable babies between 24 weeks’ gestation and full term from abortion, regulation 7 provides no such protection to viable babies of exactly the same age who have a non-fatal disability. So, this legislation provides less protection for a viable disabled baby than it provides for a baby who is the same age and not disabled.
The NI Assembly vote was inspired by a remarkable woman, Heidi Crowter, who lives with Down’s syndrome.
She has expressed how the regulations
“tell people like me that we should not exist.”
Last week, I asked the Minister what his message was for Heidi. I hope he will address that in his closing remarks. I also hope that we will take a moment to appreciate the distress that Heidi has expressed, and that of every parent with a disabled child in hon. Members’ constituencies. What message are we sending to those loving parents? The moral argument for rejecting regulation 7 is clear. I have heard no compelling argument otherwise.
I will now consider the legal competence of regulation 7. The UN convention on the rights of persons with disabilities prohibits discrimination on the basis of disability, including the most serious form of disability discrimination that we are concerned with today—foetal disability discrimination. In 2018, Lord Kerr in his Supreme Court judgment said:
“UNCRPD is based on the premise that if abortion is permissible, there should be no discrimination on the basis that the foetus, because of a defect, will result in a child being born with a physical or mental disability.”
The Attorney General of Northern Ireland has pointed out that section 9(9) of the Northern Ireland (Executive Formation etc) Act 2019 states that the powers of the Secretary of State to make the regulations are subject to the same constraints that apply to the Northern Ireland Assembly. Section 6(2) of the Northern Ireland Act 1998 says that the Assembly is not competent to make any law that is contrary to EU law. The UNCRPD has been ratified by the EU, so is part of EU law.
Finally, and in some ways most fundamentally, the discriminatory way in which regulation 7 deals with disability suffers from the fatal flaw that it directly contradicts the recommendation of paragraph 85 of the CEDAW report, which section 9 of the 2019 Act requires the Secretary of State to engage with. Paragraph 85 is clear that changes to access to abortion provision in respect to disability must be made “without perpetuating stereotypes”, yet the manner in which the legislation has been framed directly and expressly does what Parliament requires it should not do.
I recognise the importance of women carrying babies with non-fatal disabilities from 24 weeks and the need for them to receive meaningful support, as required by paragraph 85. Specifically, it states that in a case of severe foetal impairment, there should be
“appropriate and ongoing support, social and financial, for women who decide to carry such pregnancies to term.”Nothing is forthcoming in the legislation, however, to help women who find themselves in such circumstances. When challenged on that by the Secondary Legislation Scrutiny Committee, the Northern Ireland Office said that that has not been specifically excluded from the regulations because
“a woman and her child would be eligible for the normal disability and/or carer’s benefits and no additional legislation is required.”
Again, what does that say or do to help parents who want to choose life? It is totally inadequate and wholly unacceptable.
It is clear that although the Government have used paragraph 85 as their excuse for the manner in which they have drafted regulation 7, they have not had paragraph 85 in mind in the actual drafting of the legislation, but rather the Abortion Act 1967, which Northern Ireland rejected. As a result, we have 100,000 lives alive today, as opposed to the 9 million babies aborted here in this province. Their objective has been to make Northern Ireland abortion law with respect to disability compliant with the 1967 Act, rather than paragraph 85, as Parliament is required to do.
When Parliament voted for paragraph 85, it voted clearly against disability discrimination and demonstrated that it was 2019 and not 1990. What it has been given in the regulations, however, is quite the contrary. I cannot imagine that, having voted against disability discrimination in 2019, Parliament will want to affirm discrimination now.
Heidi Crowter asked me to quote two things to the Committee, which I proudly do for her. The first is:
“I will praise thee; for I am fearfully and wonderfully made”,
which is a Bible verse that she holds dear, as I do. Secondly, a famous singer sings that,
“You’re beautiful just the way you are”.
Regardless of what hon. Members think about any other aspect of the regulations, regulation 7 means that they are not fit for purpose. As drafted, they are an embarrassing liability. For that reason alone, these unamendable regulations must be rejected in their current form. Time should be allowed for the Northern Ireland Assembly to legislate, knowing the will of the people in Northern Ireland.
The Minister referred to the fact that the Northern Ireland Assembly had not adhered to CEDAW. The report for CEDAW was posted in, I think, July 2019. The Northern Ireland Assembly was in suspension at that time, so it would therefore find it difficult to be in compliance with CEDAW. This is just the tip of the iceberg and, due to time constraints, I am unable to touch on the fact that this legislation permits sex selection. It also gives a free-fire zone for abortion for any reason up to 12 weeks. It allows for coercive abortions and goes far beyond the will of the people of Northern Ireland.
On Thursday past, the Minister used language such as “on balance”. There is nothing balanced about what the Government are doing. They are permitting the termination of lives, against the will of the Northern Ireland people. I would say that, on balance, the Government need to quickly recognise the errors of their way. Some 79% of the people of Northern Ireland who responded to the consultation on the regulations said no, they did not want a change in the legislation, and they wanted the Northern Ireland Assembly to act in this regard. The regulations will see the most liberal abortion laws foisted on the people of Northern Ireland. If the Government proceed, a Province that has been life affirming and values life will revert to a society that destroys life and terminates existence.
I ask the Committee to take note of the fact that both lives matter. We hear much about women’s health—as a woman, I agree that we need to adhere to women’s health and ensure that they have everything in place to assist them—but both lives matter; there is also a baby in the conversation. I call on hon. Members to hear the silent scream of the baby being terminated. I thank hon. Members for listening, and I appreciate the opportunity to speak on this issue.
Stephen Farry
It is a pleasure to serve under your chairmanship, Sir David. I rise to speak in favour of the regulations and to give an authentic Northern Ireland voice in support of the actions that Parliament has taken. In doing so, I thank all hon. Members who followed the leadership of the hon. Member for Walthamstow in passing the relevant clauses to the Northern Ireland (Executive Formation etc) Act 2019 in July last year, and I thank the Northern Ireland Office for its work in taking forward the regulations over the past year. Today they are part of the law, subject to the further confirmation of Parliament.
I recognise that there are many progressive voices in Northern Ireland who welcome the changes. I pay tribute not just to Sarah Ewart, whom I mentioned previously, but to many other campaigners who have been pushing for reform over the intervening decades, including through organisations such as Amnesty International and Alliance for Choice.
I am a former Member of the Northern Ireland Assembly, and it has always been a source of great frustration that the Assembly has been incapable of passing even the most modest reform to Northern Ireland’s abortion laws. People may reflect on the past with some degree of regret that opportunities were not taken and that there was a resulting need for Parliament to intervene. I was a member of the Assembly when the Act of Parliament was passed, and in no way, shape or form did I feel imposed on or overruled, or feel that my mandate had been unrecognised. Rather, I was pleased that someone was taking action to address the situation in my part of the United Kingdom, and that the rights of women were to be upheld properly. Parliament is for the UK as a whole, and there are responsibilities on the UK Government to ensure that all parts of the country follow and are in compliance with international human rights standards, including article 8 of the European convention on human rights, CEDAW and the recommendations of the committee more recently.
Hon. Members have referred to the fact that the Assembly voted the way it did last week, and I will make some references to that. First, it is important to bear it in mind that this is an issue of rights, and rights are not addressed through majoritarian processes. There are duties on legislators to follow the rule of law and human rights standards, and to ensure that things are in place in that regard. Public opinion in Northern Ireland has changed dramatically in recent years, particularly among young people, and opinion polls have shown that there is majority support for a range of reforms to be taken forward in Northern Ireland, so I do not recognise that Parliament is acting contrary to the wishes of the majority of the people of Northern Ireland. In any event, it still has an overarching duty to ensure that the law is human rights-compliant.
If we are to be truthful about the situation in Northern Ireland, it was not the case that abortions were not taking place. Our abortion issue was being exported to other parts of the UK, creating a situation of huge trauma for the women involved, and also creating difficulties for people in more challenging socioeconomic situations and for women in situations of domestic violence and coercive control, who were not able to avail themselves of their rights in the same way that women in other parts of the UK were. I therefore welcome the actions that are to be taken forward.
It is important to recognise that the context of Northern Ireland will still be very difficult. We still have a considerable degree of controversy that Members will no doubt express today. Sadly, we will hear more about it in due course. There is a risk that some of the controversies around the guidance will create a chill factor and make it difficult for healthcare professionals to fulfil their responsibilities. Indeed, we could see a situation in which women are denied their lawful rights in terms of reproductive healthcare, so it is important that we provide a stability of certainty for professionals.
I also recognise that the regulations re-introduce a risk of criminal sanctions against healthcare workers. The hon. Member for Bristol South has already alluded to that. Given the ongoing stigma in that regard, I encourage the Minister to do what he can to give further reassurance that the reinstatement of criminal sanctions cannot be used to prosecute healthcare workers who act in accordance with criminal guidance and who also act in good faith.
I want to put on the record concerns around exclusion zones. I appreciate that the Minister has made it clear that that will be under continued review. Indeed, a wider debate is happening across the UK, but it is important to put it in context. Given the degree of stigma and controversy in Northern Ireland and that there have been considerable problems historically, and indeed today, around the harassment of women who try to access their healthcare rights, it is important that a reconsideration is given due attention as quickly as possible.
There are two important challenges. Before we come to that, it is important that we try to put the issue to bed. Parliament has acted and the clauses in the Offences Against the Person Act 1861 have been repealed. There is a duty in primary legislation to have regulations. Where those regulations are voted down, that duty still continues and further regulations need to be put in place and need to be CEDAW-compliant. That duty is there and continues to exist. It is important that we try to recognise that this debate is now settled, and the same applies to the Northern Ireland Assembly, which has the ability to pass its own measures, but again, it is important that those are CEDAW-compliant. That must be our benchmark.
Carla Lockhart
The hon. Gentleman and I will differ on this issue. For the benefit of his constituents, will he make it clear whether he supports abortion for Down’s syndrome up to birth—yes or no?
Stephen Farry
I support CEDAW-compliant regulations. It is important that we do not place this in a pejorative way around certain circumstances. Every situation and crisis pregnancy that a woman experiences is a very personal circumstance. The decisions and choices that that woman has to make are often very difficult. We have to give respect and support in that regard.
In that context, I shall make my two final points. The first is that there is a need for the Northern Ireland Office to continue to have a dialogue with the Department of Health and the wider Northern Ireland Executive about ensuring that there is the full provision of services in Northern Ireland. So far, we have seen piecemeal provision; that needs to go further. I regret to report that the Minister of Health in Northern Ireland, rather than treating this as an operational healthcare matter, has referred it back to the Northern Ireland Executive, which is a political cauldron. That will create difficulties in terms of getting decisions to proceed with the full commissioning of services. It is important that the Northern Ireland Office remains fully abreast of that situation and continues to follow up on the encouragement that it has given to date to ensure that those measures are put in place.
It is also important to ensure that there is a proper roll-out of information and guidance, including on websites, for the public to understand what the service situation is, but also to ensure that that is passed down throughout healthcare staff, because there is ongoing confusion. In that context, we could see a situation in which there are rights on paper but not in practice.
Sir John Hayes
This is a contentious issue. Abortion debates always arouse, stimulate, catalyse strong opinions. But this, in essence, is not about abortion. These regulations and this debate are about devolution. They are about the willingness of this House to respect the settlement that it made with the people of Northern Ireland. It is my contention that these regulations—these proposals—are unconstitutional, unwanted and unwise. The risk that we run by voting for them is of opening a Pandora’s box in respect of our constitutional settlement with Ulster. If we take this out of the box, why not something else? What is to be next? All at a time when that settlement is fragile, this tests it to a point where I would not be sure that it will not break.
As a Unionist, I have protecting the strength of the United Kingdom at the heart of my political credo, and I know the same is true for colleagues across this Committee and, indeed, the whole House. With that in mind, I urge members of the Committee and the House to reflect on the importance of devolution in the context of Northern Ireland. The UK Government have an ethical duty to honour their promise to the people of Ulster, as well as a constitutional duty to preserve our Union.
It was that sentiment that I imagine the hon. Member for Walthamstow had in mind when she initiated the measures to which these regulations give flight. She said:
“I understand that, if it was not for the fact that we do not have an Assembly, this would absolutely not be the right way forward, but we do not have an Assembly and we will not have one any time soon.”—[Official Report, 9 July 2019; Vol. 663, c. 183.]
Of course, the truth is that we do now have an Assembly, and that Assembly has the understandable expectation that it should decide on matters on which we ask it to do so. The extraordinary behaviour of the Government—I say that with all respect to the Minister, who, as I said at the outset, has behaved with great courtesy and decency in the discussions that we have had with them on this subject—given that there has been an election since the original decision was taken to impose their views and these regulations on Northern Ireland, flies in the face of the devolution settlement.
Huw Merriman (Bexhill and Battle) (Con)
Will my right hon. Friend consider the right that I have to effect legislation as an hon. Member? I did so last year, and I expect that legislation to come into force. Will he also consider the point that treaty obligations are a requirement for this institution to take into account and not for the Assembly in Northern Ireland?
Sir John Hayes
To be clear, when that decision was taken, Stormont was not sitting and there was no prospect of its doing so. We were not to know then—I am sure that my hon. Friend voted in good faith—that Stormont would reassemble and thereby be able to come to a view about these matters. This is a devolved matter, after all. Were this a matter that would normally be decided by this Parliament, I would not be able to make the point that we are imposing our view in an area of policy that we chose to devolve to the Assembly.
It would be no different if we were doing this in Scotland or Wales. It not only risks the settlement in Northern Ireland, but undermines the very principle of devolution. I was here when we first debated that, and I think I voted against it when the Labour Government introduced it, as most of my party did. I have no doubt that my hon. Friend would have done so too, had he been here. However, the settlement that we came to went through, and that is where we are.
Huw Merriman
My right hon. Friend is very generous in giving way. The point that I would make, though, is that treaty obligations, which are what the Supreme Court said Parliament was out of step with, are a duty and requirement of this place, and not a devolved matter.
Sir John Hayes
I am not sure that that is the view that the Northern Ireland Attorney General took. I refer my hon. Friend to his advice, of which I have a copy if he wants to read it in detail; I cited it earlier. I am also not sure, although he would have to ask this question of course, that it would necessarily be the view that our Attorney General would take. However, that is not for me to judge or gauge, and since I could not encourage the Minister to give any greater clarity about the Attorney General’s advice, perhaps I will leave it there.
Sir John Hayes
I wish to make some progress, and then I will happily give way again. The key thing is that the will of the people of Northern Ireland is clearly quite different from the view of the last Parliament, when the essence of the changes that the regulations make legal was considered. For any Parliament to fly in the face of the will of the people is, as I have described it, not only unconstitutional but unwise.
It is quite clear that the regulations are unwanted in Northern Ireland. The Minister referred to the consultation, to which 79% of respondents stated their opposition to the furthering of abortion provision in Northern Ireland.
Sir John Hayes
I do not want to give way too often, because I know that others want to contribute, but I will happily give way to my hon. Friend.
Richard Graham
On that specific point, what percentage of the population responded to the consultation?
Sir John Hayes
That is a question for the Minister, not me, because he will have those figures to hand, but he was the one who made great play of the consultation, not I. He cited the consultation in his opening remarks. Indeed, he celebrated the fact that the Government had consulted widely. I was simply clarifying that in that wide consultation the overwhelming majority of people who responded were not in favour of what we are being asked to support today.
There have been other tests of opinion and other polls. The University of Liverpool released a poll showing that only 5% of Northern Irish voters wanted abortion to be provided up to 24 weeks, which is what the regulations do. The strength of feeling on the issue transcends the usual divides in Northern Ireland. According to polling, 58% of Sinn Féin voters and 54% of Democratic Unionist party voters believe that abortion should be allowed only if the mother’s life is at risk.
I could go on about polling, but I will simply make this point: it would be easy to assume that women took a different view from men, or that the young took a different view from those who have lived longer. In truth, women are less supportive of the regulations than men, and the young are less supportive than their parents and grandparents. In Northern Ireland, the regulations are certainly unwanted. That was illustrated last week, as has been said, when the Northern Ireland Assembly voted to oppose the regulations, passing a motion that states:
“That this Assembly welcomes the important intervention of disability campaigner Heidi Crowter and rejects the imposition of abortion legislation which extends to all non-fatal disabilities, including Down’s syndrome.”
The regulations are unwise. Seventy-nine of the 90 MLAs in the Northern Ireland Assembly voted against abortion on the grounds of non-fatal abnormalities. Despite that, the regulations permit abortion up to birth on the grounds that the unborn child has been diagnosed with Down’s syndrome, a cleft lip or palate, or a club foot. If we vote the regulations through, what does that say to the people in Northern Ireland about how we view their opinion? Even more importantly, what does it say to those disabled people in that part of our kingdom, indeed in the whole of our kingdom, about how we regard them? I say it would broadcast loudly and clearly that we do not regard them very highly at all.
Furthermore, the regulations go much further than the requirements set out in the Northern Ireland (Executive Formation etc) Act 2019 and further than the provisions that apply in England and Wales. Specifically, they allow for abortion on demand without certification through to 12 weeks, which will allow sex-selective abortion to be available during that period. It is the first time that no ground for abortion has been allowed up to 12 weeks. Some will say, “Well, that won’t happen. That’s alarmist. Why on earth would people abort a child on the basis of its gender?” I do not share that uncynical view, because we know there are cases where people have done so, and there are places in the world where that is common. We do not want it happening here, and anything that risks it should, frankly, send a shiver down the spine of any member of the Committee.
Indeed, the Government have curiously—I would go so far as to say remarkably—chosen to impose on Northern Ireland a more permissive regime than the one that applies in England and Wales. I do not have time, and you would not permit me, Sir David, to go through all the areas in which the regulations are more liberal than the regime that applies to the rest of the kingdom. That raises the issue of consistency, certainty and clarity—all used as arguments in favour of the regulations by my right hon. Friend the Member for Basingstoke, who has now left. How bizarre—[Interruption.] My right hon. Friend is back; her ears must have been burning. If it is clarity, certainty and consistency that we want, why on earth would we want to impose a different regime in Northern Ireland from that which prevails elsewhere?
Yet there is a substantially different regulatory approach to abortions proposed for Northern Ireland from that in England and Wales. The Northern Ireland regime will allow all GP surgeries to be approved locations to do abortions, allowing this serious procedure to take place in a dramatically increased number of locations compared with England and Wales.
Carla Lockhart
Does the right hon. Gentleman also agree that the legislation has no reference to inspections of places where abortions can take place, which leaves difficulty in managing where they can and will take place?
Sir John Hayes
That is true, too. It is also true that whereas an abortion can be carried out in England and Wales only by a doctor, the regulations extend that. The issue of home abortions, with the woman taking a pill—there has been quite a lot of publicity in the national press in the last few weeks about how that can go wrong—is also catalysed by the proposed changes.
Dame Diana Johnson
I am concerned about what the right hon. Gentleman just said. The past president of the Royal College of Obstetricians and Gynaecologists, Professor Lesley Regan, has made it clear that the safety of women taking tablets at home is not to be disputed. He needs to consider what he said about things in the press, because that is not backed up by scientific or professional evidence.
Sir John Hayes
Up until now, we have taken the view as a Parliament that, because abortion is a serious matter, there should be a structure and framework governing where it takes place that maximises the prospect of the safety that the hon. Lady and I want to guarantee. That is why we put it into the hands of medical professionals, and put limits on the places where it can happen. That is why we have a legal framework, and prohibit—indeed, penalise—abortions that take place outside it. My anxiety, like hers, is about guaranteeing safety and security, and I believe that that is done by the existing provisions. We therefore do not need to change them.
I want to reflect on a point that I have touched on briefly already about non-fatal disabilities. I find it deplorable that, in contradiction of all the notions of equality that we rightly promote in the 21st century, a child diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot can continue to be aborted. As the hon. Member for Upper Bann said, that clearly discriminates against disabled people. The last time that abortion regulations in England and Wales were examined in real depth was 1990, before the passing of the Disability Discrimination Act 1995 and the Equality Act 2010. That is why, as I said earlier, I am pleased that a Bill is being introduced that will address that inequality. These regulations permit abortion up to birth on the grounds that the unborn child has been diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot in Northern Ireland. Where a child is capable of being born alive in Northern Ireland, this law will permit different treatment of those with disabilities and those without disabilities. That lawful discrimination will continue until the child is born. If this House were to endorse these regulations, we would be endorsing discrimination on the basis of disability. We would be endorsing applying the Equality Act to some and not all. We would effectively be saying that some lives matter less.
In conclusion, I urge Members to reject these regulations for two main reasons: devolution and equality. They are unconstitutional, and may actually be illegal—I have not got time to pursue that at great length, but that is certainly the view of the Attorney General for Northern Ireland; the question of whether they are legal was asked earlier; he certainly thinks that they are not.
Sir John Hayes
I will not, because I am about to reach my exciting peroration, but I will happily send the hon. Gentleman the advice if he has not seen it already.
On the grounds of devolution and promoting and protecting the interests of people with disabilities, we should reject these regulations. They are unwise, unconstitutional and unwanted. If that has not persuaded members of this Committee, let me finish not with my words but those of Heidi Crowter, a 24-year-old woman with Down’s syndrome who, when reflecting on the regulations that I imagine some people on this Committee plan to vote for, said:
“it makes me feel like I shouldn’t exist”.
Stella Creasy
It is a pleasure to serve under your chairmanship, Sir David, as we debate these important regulations. This is an opportunity for this House to come together an uphold the human rights of all UK citizens. I start my contribution by paying tribute to the work that many have done to get us to this point. I thank the Minister, who has been patient and diligent and listened to all sides of the debate on this matter before arriving at these regulations. I also thank the shadow Minister, my hon. Friend the Member for Bristol South, who has been an incredibly diligent and thoughtful advocate for the importance of getting these regulations right. I thank my colleague and hon. Friend, the hon. Member for Kingston upon Hull North, who has been a stalwart campaigner for the right of a woman to have the equal right of a man to choose what happens to her body—unfortunately, this is still a contested issue in 2020. I thank the former Chair of the Women and Equalities Committee, the right hon. Member for Basingstoke (Mrs Miller), who gave a brilliant speech earlier today about the things she heard and the work that Committee did.
Above all, I thank the many voices from Northern Ireland who have been able to be heard over the past couple of years, in this place and outside, as a result of us as a Parliament taking on something that, for years, people have said was too difficult to deal with. This has been a difficult debate, and I recognise there are strongly held opinions on all sides of the House about this matter, but because we put it in the “too difficult” box, we have denied the voices of thousands of women in Northern Ireland who have been speaking about their human rights. That has changed over the past couple of years, and I pay tribute in particular to the Alliance for Choice, the London Irish Abortion Rights Campaign, Amnesty International and Together for Yes, as well as women such as Sarah Jane Ewart, who have been incredibly powerful and brave in telling their story about the consequences of this legislation.
These regulations are needed because almost a year ago, this House recognised that it was important to repeal sections 58 and 59 of the Offences Against the Person Act 1861, which put having an abortion in the same category as child-stealing and using gunpowder to blow this place up. However, repealing those sections was only 50% of treating every single woman in the UK as an equal citizen. We need these regulations to clarify what the provision of abortion in Northern Ireland is. I stand with the hon. Member for North Down, who is very welcome in this place and has clearly stated the simple truth that not regulating for abortion—banning abortion—does not stop it happening, but means that it happens in an unsafe manner. It puts lives at risk.
We know that for generations, Northern Ireland has been exporting its need for abortion to the rest of the United Kingdom. We know women who have had to make that horrific journey under horrific circumstances: not just Sarah Jane Ewart, but thousands of women who have had to travel, if they can at all, because they do not want to continue an unwanted pregnancy. At the heart of this regulation is a very simple question: do we have the right to force a woman to continue an unwanted pregnancy? If we say yes, then of course, we can stand up to those human rights organisations that have told us countless times over the years that we are torturing our own citizens—that is how they have described deciding for somebody else what happens to their body, in this most graphic way. That is why it is right that this place acted, and it is why I must respectfully disagree with the right hon. Member for South Holland and The Deepings when he says that this is somehow illegal.
These regulations stem from that moment last year when we recognised our human rights obligations as a United Kingdom, and expressly said that devolution does not deny those rights to some women in the United Kingdom. Indeed, in that moment we were sticking to article 27 of the Vienna convention, which states that a party to a treaty
“may not invoke the provisions of its internal law as justification for its failure to perform a treaty”
and paragraph 39 of CEDAW’s general recommendation on the core obligations of states, which says that states cannot use their delegated powers to absolve themselves of responsibility to all women. It is clear that for too long, this place has denied its responsibility to the women of Northern Ireland, and today’s regulations put that right. They do so in a sensitive and CEDAW-compliant manner, so that we treat the women of Northern Ireland with the respect we would wish for all women.
We are required to follow the ECHR, and it is right that this place deals with this issue, because it is our law—the Offences Against the Person Act 1861—that created these challenges in the first place. Whatever legislation the Northern Ireland Assembly wishes to bring forward on this matter, which it can do, it could not take action without dealing with that Act, so it is right that this place seeks to act—
Stella Creasy
I will, but I want to make reasonable progress, to allow the Minister time to answer some of the questions. I give way happily.
Sir John Hayes
I want to be clear about this. When the hon. Lady spoke on this subject in the House before the last election, she said clearly that the reason she was advocating what she was, was the absence of Stormont; were Stormont sitting, she would not do so. Now, she is making a completely contradictory argument, that Stormont should never have had the powers at all. If she thought that then, why did she not say so?
Stella Creasy
I am grateful that the right hon. Gentleman appears to have listened to what I said in the House. If we are honest, in debates, it sometimes feels that that is not always the case for those on opposing sides. If he listened to what I said then—and what I say now—it was that devolution did not absolve us of our responsibility. Indeed, the requirements of the European Court of Human Rights cross-cut to Northern Ireland as part of the Good Friday agreement.
The right hon. Gentleman says that we have always devolved this but, I genuinely suggest to him, the absence of legislation on Northern Ireland was in 1967. That was before the 1998 Good Friday agreement, which enshrined the responsibility of this place to uphold the human rights of the people in Northern Ireland, leading to the creation of the Northern Ireland Human Rights Commission, which sought to address this issue but, as we discussed, was not able to do so because of a technicality. Does he want to suggest that there is a clear demarcation? Furthermore, I have not yet heard him advocate that other forms of human rights such as on torture should also be delegated to Northern Ireland. We do not do that; we recognise that some rights are universal and that, collectively, we have a responsibility to uphold them.
My point last year was that for too long, because of the absence of the Assembly, this issue had not been addressed. I ask those who today say that we should not agree to the regulations, if not these regulations, where is the alternative? Now that the Assembly is up and running, it can come up with alternative proposals. As yet, it has not.
The risk is twofold: first, the continuation of the abuse of the human rights of the women of Northern Ireland, whereby they are forced to continue an unwanted pregnancy because there is no safe, legal and local service for them; and, secondly, in the absence of regulation, now that we have repealed sections 58 and 59—I agree with Government Members who made this point—there is a gap, a lacuna, in what services are provided that needs to be addressed.
If the right hon. Gentleman wishes to advocate devolution, he should advocate what CEDAW-compliant regulations the Northern Ireland Assembly should be coming up with, so that we may navigate this terrain of being part of the United Kingdom, of upholding our human rights obligations and of recognising the role of local institutions in identifying how those regulations are provided. He should not be saying simply, “Put it back in the ‘Too Difficult’ box—let’s not go there.”
Having said all that, it is important for us to look at the legislation, at the regulations before us, and I am sure that the Chair wishes me to do so. The regulations implement what polls in Northern Ireland have been telling us for some time: the vast majority of people do not consider this to be a criminal matter but a medical one, requiring medical regulation, which is what the regulations do. That is the view of both the MLAs and the broader public. However, there is common ground to be found: we need to find a medical way of moving forward.
Dame Diana Johnson
I, too, pay tribute to the work of my hon. Friend last summer to ensure that we are here today to discuss the regulations. Specifically, with the repeal of sections 58 and 59 of the Offences against the Person Act 1861 as relating to Northern Ireland, we are left with England and Wales still covered by that Victorian law that could send women to prison for life. I wondered whether she would care to comment. Having repealed those sections, the use of regulation to establish a framework for an abortion law that works for the 2020s and beyond is not beyond the wit of man or woman any more. The Abortion Act 1967 should also now be considered ripe for reform, in line with the reforms that we are seeing in Northern Ireland.
Stella Creasy
My hon. Friend knows that she has my full support as she makes the argument that our constituents in Hull and Walthamstow should also be treated with dignity. I am always mindful that abortion is the only medical procedure in which we deny the patient the opportunity to consent. Were we to apply the same rules to having a vasectomy, for example—that somehow two doctors should decide for people whether they were entitled to have such a procedure—I suggest gently that some in Committee would be equally affronted by the denial of their rights to make a choice about their own body. They would not want to be forced to continue something that they did not wish to do.
I am mindful of time and what the Minister has said. I will press him on a number of issues, because it is right that, now we have made this choice to uphold the human rights of women in Northern Ireland, we should ensure that the regulations can be enacted in real time, so that women no longer have to wait. The Minister himself said that the reality is still that people have to travel. There have been thousands of such women, since it was required in 2017 that women in Northern Ireland at least be allowed to come to the NHS in England and Wales, and not be charged despite being UK citizens paying taxes towards the costs of those services. I am conscious that the right hon. Member for South Holland and The Deepings was slightly confused when he talked about home user abortion. In England and Wales people can now take both pills at home. It is important that we recognise that we have made some progress in trusting women to make choices over their own bodies.
If the bodies in Northern Ireland continue to refuse to commission for any gestation at all, as they are doing at the moment, does that count as a breach of the regulations? Will the Minister answer that explicit question for us? It is untenable, those decisions have been taken, and the regulations having been brought in, for women to be required to travel, when that is not an option for many of them. It is not just because of cost. They might be in abusive relationships or have other childcare commitments. That is not the safe, legal and local service that the House overwhelmingly voted to extend to all women in the United Kingdom. Is what I mentioned therefore considered a breach of the CEDAW determination that the previous situation in Northern Ireland was
“violence against women that may amount to torture or cruel, inhuman or degrading treatment”?
Any form of regulation, I suspect, would not find favour with Members from some parties who are present today, because it would allow women to make the choice to have an abortion. However, if the regulation is not commissioned, what does the Minister expect to do to make sure that we are CEDAW-compliant, and what is the timescale for that? How long, essentially, are we to ask women in Northern Ireland to continue to wait before their rights are upheld? The right hon. Member for South Holland and The Deepings talked about asking for time to regulate. Frankly, the Northern Ireland Assembly now has the time to regulate, but it shows no sign of doing so. Without that, and with the determination not to commission, there are no regulations in force, with the possibility of being in breach.
The regulations say that it should be possible to get an abortion in Northern Ireland under 12 weeks without any grounds. Are we in breach of those regulations at the moment? At the moment, it is possible only for some women under 10 weeks to get access to a service. At 10 weeks and one day they cannot, because the service is not being commissioned. The Minister talked about a good faith defence for medics. Will he clarify what sorts of cases he believes that is intended to safeguard against, so that we can understand better the scenarios he believes possible?
Finally, we talked about the 12-to-24-week provisions and the fact that it is possible to have an abortion in Northern Ireland if doctors say that there is a risk to physical or mental health. That is not a provision available to women in Northern Ireland at the moment. It has not been commissioned. It is a very rare occurrence. Most abortions take place before 10 weeks and the women have made that choice. When abortions happen later it is usually because of horrifically tragic circumstances such as those that Sarah Jane Ewart pointed out, when it is discovered that a child will die at birth. If we do not pass the regulations we are asking women to be in that position, and requiring them to continue and give birth to a baby they know will die. I do not think anyone in the Room would want that to happen, so we must regulate. There must be provisions so that in the horrific circumstance when women who go for a sonogram are told their baby will not live we are with them rather than judging them; offering them support to make the choice they want to make—not to continue the torture—rather than telling them there is no alternative. Will the Minister clarify whether there is an appeals process and, if so, what it might be, for women denied an abortion between 12 and 24 weeks because two doctors refuse it?
I stand with the right hon. Member for Basingstoke who talked about the importance of information. Above all, now that we have reached this point—having had the difficult conversation and heard the voices, and having been given the opportunity to get the legislation right and get the regulations—a “don’t ask, don’t tell” policy would be a travesty. People in Northern Ireland deserve respect and to understand what services they are entitled to. Will the Minister clarify information processes? What information will there be for people whose doctors decide that they do not want to take part in the process and how will we make sure that they are not forced by delay in service delivery to wait for a later stage of pregnancy? Three years ago, we made a promise to the women of Northern Ireland when we first started this conversation and first looked at their right to be able to travel here that we were not done. If we are honest, we are not done yet with these regulations. We are much further down that road, but there is still much more work to be done.
I know the Minister recognises that and wants to see this through. It is important today that we vote for these regulations and get further along that road, but it is also important that we do not give up on ensuring that what we talk about in this place—those rights, that equality of being able to manage our own bodies and our own choices—is extended to all our citizens.
I thank the Minister for the work he has done. I will be voting for these regulations, and I recommit myself to working with those woman and men on the ground in Northern Ireland, to help to ensure that their voices continue to be heard in this process, until we are all truly, equally able to exercise our own rights. Surely that is the best of human rights, and that is the best of democracy.
Ian Paisley
It is a pleasure to serve under your experienced chairmanship, Sir David.
This is an issue that is vastly controversial and provokes much thought; in some quarters it provokes concern, anger and frustration, and in other quarters it provokes much happiness. Those are the differences we are in. This divides parties, it divides families and it divides homes. I think everyone recognises the controversial and difficult nature of this.
However, hon. Members should be under no illusion whatsoever: today’s proceedings, when they are voted for—there is no doubt that they will be passed, given the Government’s majority—will not stop the confusion. The promise that this will end the confusion over regulations and all the rest of it in Northern Ireland is complete and total nonsense, as the Chairman made clear when he was addressing the issues to do with points of order. He said he was in the dark about how we got here.
If a Chairman as esteemed as you, Sir David, is in the dark about how the Government got themselves into a position where they are pushing through important regulations about criminality, social and constitutional change and the right to life of the pre-born in a two-and-a-half hour, crammed-in session, in an Upper Committee Corridor in this House, when we were only allowed 17 minutes on the Floor of the main Chamber last year in a previous Parliament—not this Parliament—to deal with the amendments that came from the House of Lords, if that is the fact of how we are going to deal with legislation that affects Northern Ireland in such a massive way, there is zero respect being paid not only to hon. Members from Northern Ireland, whatever their different opinions, but to women in Northern Ireland. This is not the way we should be legislating for anyone or any matter in that regard.
That is why I reiterate the points I made earlier and agree wholeheartedly with the speech of the right hon. Member for South Holland and The Deepings, who said that the way this has been carried out is an affront to the people of Northern Ireland. The hon. Members who are privileged to vote on this matter today, while the vast majority of Members from Northern Ireland are completely denied a vote on the issue, will have to ask themselves whether they are content that, by the end of these proceedings, they will have helped to pass the most permissive abortion regulations in the whole of the United Kingdom.
The abortion regulations that are being passed for Northern Ireland, as we have already heard in the to and fro, do not mirror what occurs in this part of the United Kingdom, but are completely different. Hon. Members have spoken in the past in this House about having to ensure that English laws represent English votes, and we have English votes for English laws procedures in place to do that. Northern Ireland Members have a right to ask, “Will this House make laws that reflect the character of Northern Ireland?”
The strength of this Union is that it is made up of very different component parts: peoples who have different views, peoples who are divided in many ways. The House should at least respect those differences. If it is good enough to have English votes for English laws, this House should recognise that the changes to be brought about should at least reflect the views of the people in Northern Ireland. As I have already indicated, the regulations are not a mirror image of the law in Great Britain. I hope that I am not being unfair to the Minister, who is an absolute gentleman and always deals with us courteously, but it is wrong to help Members through the Lobbies to vote for this legislation by suggesting to them that, “It mirrors what happens in the rest of the UK, so it is okay—we can push it on through and those Paddys will just have to accept it because it is the same as in the rest of the United Kingdom.”
The regulations do not mirror what happens in the rest of the United Kingdom in four key and distinct ways. The rules and regulations that would be introduced are much more permissive in terms of the gestation time limits that are allowed for abortion. They are more permissive on the issue of sex selection, which is outlawed in the United Kingdom and cannot now be protected in my part of the United Kingdom because no reason has to be given for a termination. They are more permissive in allowing abortion and termination on the basis of disability; and they are more permissive on the social reasons that have to be given, but not the medical reasons on the question of mental wellbeing.
The regulations do not mirror the law in the rest of the United Kingdom. People have talked about having two doctors’ opinions; zero doctors’ opinions are required in Northern Ireland by the regulations. Medical opinion can come from a midwife, a nurse, or anyone with a medical qualification, but the regulations do not specify that a doctor’s opinion is required in Northern Ireland. The 1967 abortion law was brought in on the basis that a doctor’s opinion was key to allowing the decision, and that has been completely done away with. On that key point, the suggestion that the regulations mirror GB is completely and totally erroneous.
Under the regulations, in Northern Ireland no reason has to be given for the termination to take place up to 12 weeks’ into gestation—no reason whatever. That is not the case in the rest of the United Kingdom, where reasons have to be given. In Northern Ireland, that opens the door to sex selection; it opens the door to other social reasons and to other issues that do not form any part of the regulations and practice in the rest of the United Kingdom. That goes well beyond even what CEDAW requires. CEDAW made it clear that there was a deficiency in the Northern Ireland regulations as they stood, because of rape, incest and fatal foetal abnormality issues. That no reason has to be given means that the laws in Northern Ireland would be at variance with and completely different from what happens in the rest of the United Kingdom. That does not mirror the United Kingdom.
On the highest sanction for illegal termination, the practitioner may decide that they are or are not satisfied with the reasons that are given, but are wrong in coming to that decision. If that person is eventually brought to court, the highest sanction that that person will face is a level 5 fine, meaning that, for something that is criminal law in the rest of the United Kingdom, a person can buy their way out of that problem with less than £5,000. That is the fact. The regulations do not mirror those here, where, if someone breaks that law, they face anywhere between five years to life in prison. That really makes a significant change in terms of how the regulations would be interpreted and applied in Northern Ireland. Even the Republic of Ireland, which has changed its abortion regulations, recognised that the punishment had to be by way of imprisonment of up to 14 years. Allowing people to buy their way out of that problem does not mirror what happens in the rest of the UK.
As I have already said, sex-selection terminations will be permitted, as it is not an offence to terminate for any reason. The regulations fail to mention sex selection. The Government have had ample opportunity to include sex selection and make it clear that it is not allowed, but they have been silent. As the Government have failed to mention it, how will the laws that outlaw sex selection in GB extend protections to unborn life in Northern Ireland? Maybe someone does not want a girl or a boy and then decided, “That’s a good enough reason.” It is a travesty, and it is wrong. It does not mirror what happens in the rest of the United Kingdom.
Carla Lockhart
My hon. Friend makes a valid point about sex selection. Does he agree that it is normally girls who are aborted? We talk so much about women’s health and women’s rights, yet it is girls who are aborted in the womb.
Ian Paisley
My hon. Friend makes the point exceedingly well, and we should listen to her words. This legislation does not protect the rights of women and girls, or of the unborn. It dismisses their rights—that is the fact.
The Attorney General for Northern Ireland has claimed that the Secretary of State has exceeded his authority. That is why the regulations, if and when they are passed, will unfortunately run into further controversy—no doubt they will be challenged. They will not bring an end to a difficult argument or suddenly solve it. We are in the process of dealing with difficult issues all the time, and the suggestion that the regulations end a difficult problem is just complete and total nonsense. If it was so easy, most hon. Members would welcome that. However, in claiming that the Secretary of State has exceeded his authority, the Attorney General for Northern Ireland made the following comments:
“It is doubtful that the legislation gives adequate ECHR protections to the rights of those opposed to these regulations, whether on conscience or philosophical grounds.”
He went on to say:
“It is inappropriate for the provision. In light of the political context that now exists in Northern Ireland, these provisions are actually lawful.”
Let me just complete the quotation. He goes on to say:
“It is disproportionate, contrary to article 9 of ECHR as well as article 8, to require those who undertake ancillary, administrative or managerial tasks to act contrary to their conscience.”
Sir John Hayes
My hon. Friend the Member for Bexhill and Battle suggested that the regulations might be made lawful by reference to a treaty. Will the hon. Gentleman let the Committee know, perhaps by way of a confirmation, that the regulations cite no treaty and relate to no treaty?
Ian Paisley
It is absolutely clear that we are not breaching any treaty; indeed, the Minister said so himself when I intervened on him earlier. No treaty is being contravened, and we are under no obligation whatever. We are doing something because it is politically expedient to do something. We are genuflecting to a committee that does not have the standing that the Minister and the Government give to it. That is why there will be many people who echo your words, Sir David—I hope I do not quote you incorrectly—by saying, “I’m confused about how we’ve got ourselves into this position.” If that is the case, these little committees all around Europe—
The Chair
Order. The Chairman is entirely impartial, and I am not sure the hon. Member should have interpreted my words in that way. I gently remind him that there is one more person waiting to speak, and I am sure the Committee wants a full response from the Minister.
Ian Paisley
I certainly would not want to put words into your mouth, Sir David. I think the words were “in the dark about how we got here.” I reiterate that people listening to the debate should take out of those comments whatever they wish.
The regulations discriminate against the disabled and against the sex of the child. How have they tested whether these regulations comply with the current laws against sex selection of the unborn? Do the Government accept that these regulations open the door to sex selection terminations? I believe they do. How will sex selection terminations remain illegal under these regulations given that the Government have been silent on that key matter?
The Government can repeal section 9. Since the election in December and the introduction of this law, there have been significant constitutional changes. We now have an Assembly operating in Northern Ireland that is opposed to these changes. Several hon. Members have cited the votes. Even members of the Alliance party voted against some of these regulations. One Parliament cannot tie the hands of another Parliament. Yet, it appears the Minister is quite willing to have his hands tied today because of what happened in a previous Parliament. He and the Government do not have to do that.
The Minister also said that he listened carefully to the people of Northern Ireland. Some 21,244 people responded to the consultation, 79% of whom stated their opposition to these regulations. The Minister did not listen to them. If that was the case, there would be a different outcome. Consultations are a joke. Let us be clear about this: this consultation was one of the biggest catastrophic jokes ever played on the people of Northern Ireland. Some 21,244 out of 1 million adults in Northern Ireland responded—one of the biggest responses ever—in a matter of weeks. The Government did not listen. Do not kid yourself. Do not play the game with us and say, “We listened to the people of Northern Ireland.” I’ll tell you what happened: the people of Northern Ireland were ignored in that consultation.
In the Assembly vote last week, 76 out of 90 Members, including members of the Alliance party and the Social Democratic and Labour Party, the sister party of the Labour party, voted not only with matters that my party brought forward but with other amendments that rejected these regulations—76 out of 90. They were ignored. They were thrown to the side.
Whenever medical professionals in Northern Ireland are asked to bring an opinion on whether a life should be terminated, they only have to act in what is called “good faith”. The grounds for termination do not require any diagnosis whatsoever, but just to act in good faith. That is different from what happens in the rest of the United Kingdom, and that alone will bring further controversy to this matter and more concern to the people around this House.
I believe this is an affront. I appeal to hon. Members to recognise that this should go to a Northern Ireland Grand Committee or the Floor of the House. Irrespective of what side of the argument they are on, this is not the way to make such significant changes to the laws in Northern Ireland. I appeal to hon. Members to think tonight before they vote.
Jim Shannon
I very much appreciate the opportunity to address this Committee on a matter that I have a great interest in. Abortion is a devolved matter and it should be a devolved matter for Northern Ireland. My hon. Friend the Member for Upper Bann referred to the fact that 100,000 people in Northern Ireland today are alive because of our legislation. That was disputed by some, but the fact is that after an investigation it was clear that that figure was reasonable. It has been important for people in the rest of the UK, but it is very important for us in Northern Ireland. Some of the people we meet are alive today because of our legislation.
In 2016, the democratically elected Northern Ireland Assembly voted on primary legislation not to change our abortion law. The process begun in July last year is ongoing. We are all very fond of the Minister, but on this issue we really are at different ends of the spectrum. This impacts our law and constitution and poses deep questions.
The first convention that was flouted was through the application of the accelerated procedure. The fast-tracking of Northern Ireland legislation reduces further the scrutiny that these measures should receive. We reiterate our concern about the routine nature of fast-tracking legislation relating to Northern Ireland.
The second convention that was flouted was that, despite the Clerks’ advice to MPs, the amendment that became section 19 was clearly out of the scope of the Bill. The whole point of constitutional democracy is that it is not crudely majoritarian, especially if the policy affects different national units of different sizes, but it is subject to constitutional rules, devised for the good of the polity as a whole. Constitutional rules, however, have been ignored.
The third constitutional convention that was violated was the convention that Westminster should not vote on a devolved matter: 100% of MPs who took their seats in Northern Ireland were present, and 100% of those who were present voted against a change in the law. The constitutional outrage was and is on a par with two very dark moments in the recent history of the Union, which are now regarded as huge mistakes, and which have both been the subject of public apologies.
Others Members have referred to how much the Union means to them—how much it means to you, Sir David, and how much it means to us as Members. In the 1950s, it was decided that Liverpool needed access to another reservoir. It was decided that the best way of doing would be to flood and thereby destroy a village in Wales called Tryweryn. The people of Wales were rightly outraged that a Government should deem it appropriate to remove an entire village, with its history and its culture: 35 out of the 36 Welsh MPs voted against, yet the legislation was passed in this House, disregarding the opinion of the MPs in Wales.
The people in Scotland were rightly outraged in the late 1980s when the Government proposed to make Scotland the guinea pig and introduced the poll tax one year early. In the vote, the overwhelming majority of Scottish MPs voted against the legislation; yet it was passed, courtesy of the votes of MPs with no mandate in Scotland to make decisions. In 2005, the city of Liverpool finally issued an apology to the people of Wales. David Cameron also issued a public apology to the people of Scotland for this particular abuse.
I will quote a couple of people, although I am very conscious of time. Professor Hill said:
“The text of international treaties such as CEDAW are carefully crafted expressions of intent and belief. There is no reference to abortion in the text of CEDAW. There is nothing in the text of CEDAW which requires a state party to allow abortion on specified grounds and/or decriminalise abortion generally. The absence of such a provision in the formal text gives a clear indication that no such obligation exists”.
It is not just the view of one lawyer. It is also the view of Supreme Court in 2017. The conventions and the covenant to which the UK is a party carefully stop short of calling upon national authorities to make abortion services generally available. Some of the committees go further down that path, but as a matter of international law the authority of their recommendations is slight. It is hard to find words to express how deeply distressing for the people of Northern Ireland it is to be disenfranchised, like they were in Wales in 1950 and like they were in Scotland in 1980.
What they were doing has been described as a travesty of constitutional due process. The terms of the law were completely rewritten from the text debated on one occasion by the House of Commons, and were then subject to a time-limited debate of one hour, which covered all Lords amendments and was dominated by Brexit. If we add up the fragments mentioning abortion and the amendment, it took up 17 minutes of debate. Again, that underlines our concerns.
The Secondary Legislation Scrutiny Committee said:
“Public consultation began on 4 November 2019 and lasted for a period of six weeks. In our view this is too short for so sensitive a topic. Added to which, it took place during the General Election period and in the run up to Christmas, neither of which conforms with best practice. Of the over 21,000 responses received, 79% registered general opposition to any change to the established position in Northern Ireland.”
I am not going quote, because of the time, Sir David, but David Scoffield QC has been on the record and answered on many occasions, and we cannot ignore his opinion:
“The NIO states that, where possible, this statutory framework mirrors the Abortion Act 1967 so that provision will be broadly consistent with the abortion services in the rest of the UK. The NIO was, however, obliged by law to implement the specific recommendations of the CEDAW Report which relate to Northern Ireland. This report has sought to expand on some of the Government’s policy choices and also to air the main issues drawn to our attention in submissions, to assist the House in the forthcoming debate.”
I would have to say that the Northern Ireland regulations need to be referred to the Attorney General. We have ignored the John Larkin recommendations to the Committee. He said that the regulations in section 9(11) do not go as far as being able to the Act, which is a reform in the recommendations.
Jim Shannon
I am conscious of the time, and the hon. Gentleman has had his chance. I also want to give the Minister a chance to respond.
Liz Crowter says:
“At 24 weeks babies are viable. You cannot have a law that says it is OK to end the lives of some viable human beings because they have Down Syndrome, while saying that other viable human beings of the same age cannot be because they don’t have a disability, without saying human beings with non-fatal disabilities are worthy of less protection and are therefore less valuable.”
It is not just Heidi Crowter. Máire Lea-Wilson’s one-year-old son Aidan has Down’s syndrome. Papers were lodged with the High Court just last week. Mindful of such things, Parliament must vote to reject the regulations and ask the Government to think again. We have a functioning Assembly that can make its own abortion law, as has happened since the 1861 Act. Yet the Government are proposing that, before 19 June, Parliament vote on a devolved matter by passing the regulations. Others have referred to the 75 MLAs who oppose abortion on the basis of non-fatal disability. My point is that there is a stronger legal argument for us to leave the matter to the Assembly.
I would like to ask the Minister some other questions, but I do not have time. I will finish with one more point. The Government have cast constitutional due process to one side, through pressing for out-of-scope amendments in the context of accelerated procedure; failing to point out that there was no international legal imperative for changing the law, especially if doing so involved violating a key constitutional convention; the effective disenfranchisement of the people of Northern Ireland on a Northern Ireland piece of legislation on a devolved matter; peers having only a few hours’ sight of the amendment that became law before the debate; permitting only 17 fragmented minutes of debate on a completely new text that proposed making hugely controversial changes through secondary rather than primary legislation; giving only six weeks for the consultation; knowing that 79% of people said, “Please don’t do this”; the failure to welcome the restoration of the Assembly as giving Parliament the opportunity to repeal section 9; the production of regulations that undermined devolution significantly more than Parliament required after the restoration of the Assembly; the production of regulations in respecr of which the Attorney General has pointed out that the Secretary of State repeatedly exceeded his power; and responding to the cross-community vote of the Assembly by rejecting the regulations with absolute authority.
The British constitutional position is predicated on the assumption that no Parliament can bind its successors. The 2017-19 Parliament, happily, is no exception. The Government now have the chance to extricate themselves from a catalogue of abuses and save themselves from the huge embarrassment of asking Members to vote for disability discrimination in violation of the requirement in paragraph 85 of the Committee report on the regulations.
Mr Walker
We have heard a wide range of strongly held personal views and varied contributions on all aspects of the regulations from members of the Committee.
I thank all members of the Committee for the courteous way in which they have generally expressed themselves. In particular, I thank the hon. Member for Bristol South for her courteous response to the regulations. I will come to some of the specific points that she made as I go through some of the various issues.
The hon. Member asked about education, and the responsibilities that were placed on us in that regard. We have written as a Department to the relevant Northern Ireland Minister, as set out in our consultation response, but recognise that there are further steps to be taken on that front. It is an issue, as with the wider implementation, as raised by my right hon. Friend the Member for Basingstoke. We recognise that our duties do not finish with the regulations and their passage. We will monitor implementation and continue to work closely with the Department of Health in Northern Ireland to ensure that it can be taken forward.
It is understandable that right now the top priority of the Department of Health is, and has been, dealing with the covid-19 pandemic. Despite some positive moves by clinicians to get services up and running and to provide solutions, there is further work to be undertaken. The chief medical officer has been writing to let medical professionals know of changes to the law, but I agree with my right hon. Friend that it is vital that we provide legal certainty. Passing the regulations is a very important first step in doing that.
I would like to address several of the points raised during the debate, but I apologise to hon. Members if I do not have time to address every single one. I am pleased that, as a result of the regulations being in force, some services are operating on the ground in Northern Ireland, already providing local access for women and girls. The Northern Ireland Health Minister updated the Assembly on the numbers to date, and with 129 between 31 March and 22 May, it would seem that the majority of demand is already being met locally in Northern Ireland.
I was pressed by both the hon. Member for Bristol South and my right hon. Friend the Member for Basingstoke on when we can end the requirement to fund travel. We will continue to fund services in England until we are confident that sufficient service provision is on the ground in Northern Ireland for all the cases covered by CEDAW. We have not set a specific deadline for that, but of course we want to work closely with the Department of Health in Northern Ireland to make sure that that is as soon as possible.
The hon. Member for Walthamstow made a passionate speech and spoke, as she has many times before, of the voices that for too long have not been heard in some of the Northern Ireland debate. She asked about our interpretation of mental and physical health grounds on which I want to respond specifically, because it is important. I note that concerns have been raised about how previously in Northern Ireland health grounds have been narrowly interpreted in practice. The approach we have taken on risk to physical and mental health complies with CEDAW’s requirements to ensure access in cases of risk to mental and physical health without conditionality of long-term and permanent effect, mirroring the law in England and Wales. My right hon. Friend the Member for South Holland and The Deepings and the hon. Member for North Antrim accused us of departing from that law in other areas. We are clear that the grounds should be interpreted and applied in the same way across the UK, not in a restrictive way. That does not require a specific mental health diagnosis before abortion is allowed. The explanatory memorandum makes it clear in paragraph 7.11:
“In forming an opinion as to the application of this ground, medical professionals may take into account a woman’s wellbeing, and the woman’s actual or reasonably foreseeable circumstances, including wider social circumstances. The threshold of risk to the physical or mental health of the woman is a matter for the opinion in good faith of each of the registered medical professionals involved. However, medical professionals should interpret the grounds in Northern Ireland consistent with the rest of the UK, for example the risk to mental health is not required to relate to a specific or diagnosed mental health condition and does not require a mental health or psychiatric assessment before the abortion can be permitted.”
I hope that provides some reassurance to colleagues across the House.
I appreciate the concerns raised by my right hon. Friend the Member for Basingstoke and the hon. Members for Bristol South and for North Down, but based on previous concerns in Northern Ireland when medical professionals were operating within a narrow window of what constituted legal abortion, they could be deterred by having a sanctions regime in place. Other Members expressed concern about a potential free-for-all without any sanctions. The CEDAW recommendations do not require unlimited access to abortion services; it is for the Government to set appropriate safeguards on the circumstances for provision of abortion services and determine how those will be enforced. It would be unusual to put specific regulatory requirements in legislation that have to be complied with, including where and how abortions can be provided, without sanctions being applied for breaches of those requirements. The sanctions are therefore in place to protect women and girls against intentional, reckless or persistent disregard for the requirements and conditions imposed by the regulations, so that anyone intentionally breaching the new framework, particularly outside of commissioned abortion services and where acting dishonestly or negligently, can be investigated and prosecuted as appropriate. The explanatory memorandum makes that clear in paragraphs 7.35 to 7.38, where it is noted that
“it is not intended that a medical professional should be prosecuted where a medical professional forms an opinion in good faith as to risk but makes a factual error.”
I hope that provides some assurance on that front.
I note that the hon. Member for North Down and some respondents to the consultation were concerned that we had not gone further on exclusion zones. I recognise that many campaigners are concerned about that. We have had conversations with the Police Service of Northern Ireland and I understand that a range of existing public order offences are likely to be able to be relied on. In this area, as in many others, we felt it right to look at practice across the whole of the UK and not to go beyond the UK framework.
The hon. Member for North Antrim and my right hon. Friend the Member for South Holland and The Deepings raised concerns about unconditional access up to 12 weeks. I set out the reason for that in my opening remarks: so as not to erect barriers that would be inconsistent with the CEDAW issue. However, based on current public data, 86% of the abortions accessed by residents of Northern Ireland in England under the Abortion Act 1967 take place prior to 12 weeks’ gestation and would be covered by that limit. We consider that the right approach to take to ensure that women resident in Northern Ireland have access without conditionality in the vast majority of cases where it is their individual choice to do so. This approach ensures compliance with CEDAW.
I appreciate also the deeply held concerns that have been raised with respect to severe foetal impairment. I respect the passion with which Members across the Committee have spoken on that issue, but I must be clear that in contrast to some of the things that have been said, there is nothing in this regulation that permits abortion for specific conditions. There is no discrimination in this respect. The regulation follows the law in England and Wales and the approach that we have taken to SFI in the rest of the United Kingdom. In that respect, it brings a consistent approach across the UK.
Given the often late diagnosis and timing of follow-up scans and tests, women need to be given time to understand the nature and severity of the conditions that they might be dealing with. It is right that they should be able to make informed decisions based on their own health and wider circumstances and in consultation with doctors. We of course recognise that CEDAW also calls for these proposals to be taken forward,
“without perpetuating stereotypes towards persons with disabilities and ensuring appropriate and ongoing support, social and financial, for women who decide to carry such pregnancies to term.”
Putting in place proper supports and provision of information to support women in making informed decisions is hugely important, but it is an operational issue for the Department of Health in Northern Ireland to take forward as part of commissioning and overseeing abortion services as a new health service, consistent with regulations.
The regulations will improve the situation for women and girls facing some of the hardest choices that anyone could ever have to face and for the medical professionals trying to support them. I appreciate that there are areas on which people on either side of the argument would like us to have gone further, or feel that we have gone too far, but I make no apology that when it comes to precedent we have sought to achieve the same outcomes as the frameworks in place across the rest of the UK. This is the right thing to do to remove the need for travel and to ensure that we have a CEDAW-compliant framework that does not create barriers to access, as well as to ensure legally robust protections for conscience. I therefore commend the regulations to the Committee.
Question put.
Health and Social Care
Ladycross House Local Authority Care Home
Medicines and Medical Devices Bill (First sitting)
Monday 8th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Medicines and Medical Devices Act 2021 View all Medicines and Medical Devices Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 8 June 2020 - (8 Jun 2020)
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
The Chair
Before we begin, I have a few preliminary points to make. Members will understand the need to respect social distancing guidance, and I will intervene if necessary to remind everyone. I also remind Members to switch electronic devices to silent, and that tea and coffee are not allowed during sittings. Proceedings Time for conclusion of proceedings Clauses 1 to 4 1 pm on Monday 8 June Clauses 5 to 11 6 pm on Monday 8 June Clauses 12 to 26; Schedule 1; Clauses 27 to 33 11.25 am on Wednesday 10 June Clauses 34 to 36; Schedule 2; Clauses 37 to 45; new Clauses; new Schedules; remaining proceedings on the Bill 5 pm on Wednesday 10 June
Today, we will first consider the programme motion on the amendment paper. We will then consider a motion to enable the reporting of written evidence for publication, and I hope we can take these matters without too much debate. The Hansard reporters would be most grateful if Members emailed any electronic copies of their speaking notes to hansardnotes@parliament.uk. I call the Minister to move the programme motion, which was agreed by the Programming Sub-Committee last week.
Ordered,
That—
(1) the Committee shall (in addition to its first meeting at 11.30 am on Monday 8 June) meet—
(a) at 3.30 pm on Monday 8 June;
(b) at 9.25 am and 2.00 pm on Wednesday 10 June;
(2) the proceedings shall be taken in the order shown in the first column of the following Table;
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.
—(Jo Churchill.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Jo Churchill.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
We now begin line-by-line consideration of the Bill. The selection list for today’s sitting, which shows how the selected amendments have been grouped together for debate, is available in the room. Amendments grouped together are generally on the same, or a similar, issue. Please note that decisions on amendments do not take place in the order they are debated, but in the order they appear on the amendment paper. The selection and grouping list shows the order of debates; decisions on each amendment are taken when we come to the clause that the amendment affects. We will begin with amendment 9 to clause 1.
Clause 1
Power to make regulations about human medicines
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 9, in clause 1, page 1, line 5, at end insert
“for a period of two years following Royal Assent.”
This amendment provides a sunset provision for the Bill requiring the Government to return with primary legislation.
It is a pleasure to serve under your chairship, Mr Davies. As the shadow Secretary of State for Health and Social Care said on Second Reading, we understand the need for, and urgency of, the Bill. We will therefore be supportive during its passage, but we will seek to improve it. These improvements will take three forms: a focus on patient safety, a focus on promoting greater transparency about the development and use of medicines and medical devices, and seeking to contain the massive and extraordinary powers the Secretary of State is securing for himself.
I am conscious, certainly in this first sitting, that we have an awful lot on. I hope that colleagues will be understanding if it feels like I am moving at pace, because there is quite a lot of ground to cover. However, I wanted to say how grateful I am to the Clerks for having helped me put these amendments together, and to the Minister and her officials for their constructive support so far. The tone of discussions about the Bill has been really good, and I am sure we will continue in this way.
Finally, a lot has happened since the First Reading of the Bill, not least the fact that I have taken over from my hon. Friend, the unstoppable Member for Washington and Sunderland West (Mrs Hodgson), as the Opposition public health lead. As I have been telling stakeholders, they will probably find me similar in approach—committed, but in good humour—but perhaps lacking the same colourful jackets.
This is an enabling Bill. It is a necessary Bill, but we cannot give the Government a blank cheque. We are talking about the power to decide critical, life-and-death matters involving medicines, devices, humans and animals, and we should not just wave that off to secondary legislation without understanding what that might mean and whether there might be a better way to do it. As such, amendment 9 seeks to put a limit on that power.
The proposed arrangements allow the Secretary of State and his successors to make hundreds or more individual decisions to change our current regulatory regime into a markedly different one, one statutory instrument at a time, which I do not think is desirable. Instead, this amendment offers the Secretary of State two years of that considerable power, but asks him to return in two years’ time with a comprehensive set of regulations across medicines for both humans and animals; for medical devices; and, critically, for the proposed new regime surrounding the Medicines and Healthcare Products Regulatory Agency.
That would provide a chance for proper consultation across the sector, including with patient groups, industry bodies and interested companies, as well as more parliamentary scrutiny to set up the regime that we all want—a safe one, an effective one and a world-class one. It would also give us two years of life outside the European Union and would really help us to land in that place and find out how different we intend to be, certainly in this sector. It would provide time for piecemeal change, but it would at least then reset things, and then I would be at the point where I would be much more relaxed about the use of secondary legislation to diverge from that as circumstances require, because we would have reset things in the full knowledge of Britain’s new place in the world.
There is a case to be made that the arrangements being proposed in the Bill reflect current arrangements; after all, we do not have parliamentary scrutiny over the regulations that have come traditionally in previous decades from the EU. However, that is a political argument—a very effective one—and we know that, outside the white-hot light of public debate around the EU, the EU works differently from that. That was a theme developed by the Member for Central Ayrshire on Second Reading.
Page 4 of the Government’s impact assessment of the Bill describes how a higher-risk medical device enters circulation in the UK for use, saying that for a high-risk medical device to enter the market “a Notified Body”—for us, that is the Medicines and Healthcare Products Regulatory Agency—has to “certify” it. So far, so similar—that is essentially what the Bill would allow, as well. However, at the moment the device would be checked by two further notified bodies from within EU structures and the European Commission, as it says on page 5. That is quite a protection; that is a triple lock. It is not just our own MHRA saying whether or not a device is safe; there are two other equivalent bodies saying that, too.
That system will go and instead we will have a Secretary of State, we will have a Department, and I am sure that NHS England will have a view, too, but fundamentally we will just have a Committee of the House—a statutory instrument Committee. That is quite a diminution. Surely we at least need to know that there will be adequate safeguards in place. If the Government do not accept the amendment, I would be very keen to know what can be done to protect that triple lock.
I will move on to tell a story about two page 10s. Paragraph 42 on page 10 of the impact assessment refers to the potential to move to “hub and spoke dispensing” for pharmacy. That is a very live debate in the field of pharmacy at the moment, I have to say. I have probably not checked this with the shadow Secretary of State, but I see some positive arguments for it, although I can also see significant risks. It is the sort of thing that I think parliamentarians from all parties will be very interested in. I think that we would form different views on it, and not on party lines, because we are basically saying that pharmacy changes—that it is less about dispensing and more clinical, and that bigger nationally based pharmacies, as it were, will instead provide an outsourced dispensing arm. I can see efficiencies in that system; we are doing an awful lot of that at the moment in the context of coronavirus. However, that would be a radical change for pharmacy. At the moment, paragraph 42 on page 10 of the impact assessment says it is a potential direction for where things will go for pharmacy.
If we look at the Bill, we do not see the words “hub and spoke” anywhere, which is very significant. I gently say to Back-Bench Members of the governing party: “You could be in a situation in a year’s time where you are in a statutory instrument Committee being asked, basically, to make the most significant change to pharmacy in decades, and one that you will get a lot of emails about from your local pharmacists, certainly in community pharmacy, and I really do not think that is the sort of power that the Bill is intended to give.”
I said that this was a story of two page 10s. Page 10 of the delegated powers memorandum refers to clause 1 of the Bill and justifies the use of delegated powers:
“The human medicines regulatory regime is ever-changing and requires technical changes in order to keep up to date. These are changes we cannot predict in advance and therefore would not be practical or appropriate for these amendments to be made through primary legislation each time an update is required.”
That is saying, “Something changes a little bit and we would not want a whole new law to keep pace.” Of course, I understand that. However, we are talking about something really significant here; I would argue that it is an entire model change for pharmacy. We know that this is of interest to the Government, because it is in their own impact assessment. They say that it is a possibility. We really need to square that.
I accept that the Secretary of State will need powers and will have to do things through secondary legislation to keep us up to pace with, or to diverge from, European regulations. However, I am not confident that this is a mandate to make really significant changes to something that is very important to us all. That is why I have moved amendment 9. It would say to the Secretary of State, “Go and have a look at this for a year-plus, and then develop legislation to reset that.” Let us have proper consultation with the sector and with citizens. Let us have proper parliamentary scrutiny. Then, if we come to the view that this is the best way to do it, by all means that is what we should do.
I hope that the Government are minded to accept the amendment, but I am sceptical of that chance, so I would be keen for the Minister to return to these two points. First, will this provision mean a diminution of protection, certainly when it comes to the triple lock on medical devices? Secondly, there needs to be at least an acceptance from Government that the liberty to make quite big and bold changes is not licence to make any changes that they want, bolstered by a Committee majority, because I do not think that that is in the spirit of the legislation or of this exercise, which is about getting us to a safe position following the end of the transition period.
The Parliamentary Under-Secretary of State for Health and Social Care (Jo Churchill)
It is a pleasure to serve under you, Mr Davies. I agree with the hon. Member for Nottingham North that we have worked on the Bill in a spirit of co-operation, and I would very much like that to continue, because sitting at its heart is the patient, and patient safety is what we are after here. I will come on to the two specific points, but I shall address now the sunset element and why, in our opinion, that is not the way to proceed, because of its time-limited nature.
As the hon. Gentleman said, the Bill is necessary because at the end of the transition period, we will lose the ability to update. I am grateful for his words saying that both he and the shadow Secretary of State for Health and Social Care understand what we are trying to do. We need to be able to amend the legislation that governs human medicines and medical devices and veterinary meds. This measure will enable us to update the regulations in the light of patient needs and in the light of changes and innovation. I am sure that the hon. Member for Nottingham North would agree that one challenge is the dynamic nature of how medical devices in particular, but also medicines, are changing—at the bedside, but also right across healthcare. Patients and their best interests are at the heart of the Bill, and that is where I want to start.
On amendment 9, what the hon. Gentleman says is important, but the explanatory statement, while giving clarity, still leaves us with the challenge of an overarching sunset clause for the Bill, such that two years after Royal Assent, the primary legislative framework would fall away and Parliament would have to re-legislate for the provisions in the Bill once again. I understand that the hon. Gentleman’s intention is to ensure that Parliament reconsiders, and those checks and balances are important —it is important that we think about the legislation that we are passing. One would hope that at that time, Parliament will be sitting under normal circumstances, but, to be frank, we are not sure. That said, I would like to set out specifically why this proposal would be unhelpful and cause a potential risk to patient safety.
The Bill, in the main, does not deliver any immediate change to the regulation of medicines and medical devices. It provides a framework of powers to ensure that regulatory change can be made as and when necessary. It does, as I hope all hon. Members will recognise when we reach the relevant clauses, increase the level of parliamentary scrutiny, and it is that that enables us to look before something goes forward. There is going to be more scrutiny, under the affirmative procedure, for us to look and understand what it is we are legislating for than we have had thus far. Use of the affirmative resolution is made near universal, other than in the event of an emergency and for very minor changes.
Alex Norris
I take the point about not wanting to rely on primary legislation all the time. I would be much more comfortable—in this Bill in its entirety, but certainly in any future legislation—with provisions for technical updates. Nobody would think that we would need to return to primary legislation, especially not in an emergency, but I do not think that anything in the clause says that would have to be the case. I would probably accept that two years is too short a period, given the amount of work that has to be done prior to something coming into law. However, that might be an argument for a greater sunset clause rather than none at all.
I did not quite agree that nearly everything would be covered under the affirmative procedure. I am very happy to be wrong on this, but the delegated powers memorandum states, on clause 1 alone, that the scrutiny will be by the affirmative procedure
“with the exception of…the labelling and packaging of human medicines…advertising human medicines…prohibitions in the supply provisions for human medicines…the charging of fees in relation to human medicines”
and emergency powers.
If we discount the emergency powers because of the need to move quickly, we are still talking about the labelling, advertising, prohibiting and charging of fees for human medicines. Those are quite significant areas that will not be covered under the affirmative procedure. That may be a distinction without a difference, given that fundamentally there are devices that the Opposition could use if we wanted those to get an airing. However, it is important that hon. Members know that not everything will be covered by the affirmative procedure except for some very small elements.
Finally, I really appreciate the clarity on the hub and spoke model, for which the Minister made a very strong case. The argument is going on sector-wide. I do not think that there has been much of a political conversation on it. I cannot remember it in the Conservative manifesto, but I might be wrong. It feels a little bit as though we have reached the conclusion without having done all the work behind it—the Minister may well have done; I mean more generally.
Jo Churchill
This will be done in consultation with pharmacists, in a discursive way. As the hon. Gentleman has articulated, we have found ourselves in unusual times. Ensuring that we seize the advantage, in a way that is clear, transparent and consultative, is the aim of what we are trying to set out.
Alex Norris
I am grateful for that clarity, which gives me much reassurance. All I will add is a request that the Government include Opposition parties in that. For something this sensitive, forming a political consensus would be good for everybody. I do not intend to press the amendment to a Division, although we are likely to return to it at future stages. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 22, in clause 1, page 1, leave out lines 10 to 16.
This amendment removes the requirement to consider the attractiveness of the relevant part of the UK when making regulations under subsection (1).
The Chair
With this it will be convenient to discuss the following:
Amendment 23, in clause 1, page 2, line 3, at end insert—
“(5) In making regulations under subsection (1), the appropriate authority must give primary regard to the safety of human medicines.”
This amendment requires the appropriate authority to consider patient safety first when making regulations under subsection (1).
Clause stand part.
Amendment 24, in clause 8, page 5, leave out lines 18 to 24.
This amendment removes the requirement to consider the attractiveness of the relevant part of the UK when making regulations under subsection (1).
Amendment 25, in clause 8, page 5, line 32, at end insert—
“(5) In making regulations under subsection (1), the appropriate authority must give primary regard to the safety of veterinary medicines in relation to animals, humans and the environment.”
This amendment requires the appropriate authority to consider animal, human and environmental safety first when making regulations under subsection (1).
Amendment 26, in clause 12, page 7, leave out lines 26 and 27.
This amendment removes the requirement to consider the attractiveness of the relevant part of the UK when making regulations under subsection (1).
Amendment 27, in clause 12, page 7, line 27, at end insert—
“(3) In making regulations under subsection (1), the appropriate authority must give primary regard to the safety of medical devices.”
This amendment requires the appropriate authority to consider safety first when making regulations under subsection (1).
New clause 3—Report on availability of medicines—
“The Secretary of State must report to Parliament when a medicine which is clinically beneficial has not been made available on the NHS.”
This new clause requires the Secretary of State to report to Parliament when a medicine which is effective has not been made available on the NHS.
Alex Norris
Turning to clause 1, page 1, subsection 2, as we might have said at school—I think this is verbal reasoning, if my memory is good enough—one of these is not like the other. As the Minister said, and as I think every person in the room and indeed across the House would say, the most important thing is patient safety. The human medicines regime must be safe. There is no doubt about that, and I know that is a personal priority for the Minister and something that she works very hard on.
Similarly, availability is crucial. We all want everybody in this country to have access to the vital medicines and medical devices that can enable them to live full, happy lives. We know that is challenging. Since I am here, I might cover new clause 3, which is essentially the Orkambi clause. Hon. Members who were here in the previous Parliament will know what a difficult and perhaps even unedifying process it was to get a much-needed medicine on to the market to give relief to thousands of people in the UK, and how frustrating and ineffective it was— for whatever reasons people would think that was frustrating—over a number of years to get from the place of this thing existing and being available to some people in other parts of the world but not in the UK. What could be more frustrating?
Rushanara Ali (Bethnal Green and Bow) (Lab)
It is absolutely right that there should be some way of setting out a hierarchy, with public safety at the top. Like my hon. Friend, I have a major project in my constituency to promote the life sciences, through The Royal London Hospital, Queen Mary University of London and others. It would be great for investment and we want to see that happen. However, in the light of what has recently happened and the public loss of confidence in the focus on public safety, particularly with reference to chlorinated chicken and the rest of it, the public feel great concern about safety. It is important that the Minister is able at least to provide the reassurance that public safety would be at the top of the agenda, with some sort of hierarchy.
Alex Norris
I completely agree. I think that if we stood in the street for a bit and just straw-polled people, everybody would say that safety is uppermost and they would see the value in its being set on a higher tier, which is what I am suggesting. We are at this possibly significant moment—I believe it is 8 July—when the noble Baroness Cumberlege will come back with her review into what has happened. Obviously, it is a sign of the times and where we are, but at Second Reading people talked about it coming out in March. The world has passed us by, but I understand that publication of the review is imminent and I am keen for that date of 8 July to be confirmed.
If the review says that there are issues around patient safety, we would expect there to be recommendations and changes, which I think is reasonable. I will return to this theme later in the day. What might this say about the MHRA? Is it possible that the regime that we seek to put in place through the Bill might be overrun by events? If recommendations come out of that, is there a possibility of revisiting that in future stages to be clear about it? That is an argument against the sort of piecemeal regime that the Bill proposes, instead of coming back in, if not two years, then three or four, to set a full codified bringing together of the different Acts into one Bill.
I will finish on amendment 23 by referring to one of my favourite contributions from Second Reading:
“Patient safety is not a partisan issue; it is paramount.”—[Official Report, 2 March 2020; Vol. 672, c.689.]
The Minister may recognise her words. I completely agree with her.
Amendments 24 to 27 essentially make the same provisions across veterinary medicines and medical devices, and I do not intend to rehearse the arguments. On medical devices, surgical matters was a good example. There is the potential for life-changing and wonderful things, but also the real potential to do harm. We want to know that with every hip, breast, knee—whatever it is that is done—safety is paramount. Amendments 22 and 23 seek to create a special place for patient safety. I hope that the Minister will accept them.
Jo Churchill
First, patient safety is paramount. That is where I began my journey into Parliament. In my case, it was access to cancer drugs—something close to my heart. With regard to Orkambi, I understand and share the frustration felt by everyone. My heart goes out to those affected, who are very often parents. The cystic fibrosis campaign has, I think, a 98% sign up of all parents who have had children with cystic fibrosis. On their fight for Orkambi, I am sure everybody feels sympathy for them, because it took so long to provide access.
Drug companies have a responsibility here. This refers slightly to the comments the hon. Member for Nottingham North made about life science sectors or pharmaceutical companies all being large. The drug companies have a responsibility to price their drugs responsibly in a way that reflects the benefits that they bring to patients. I feel that the arrangements that we have in place in the National Institute for Health and Care Excellence and the cancer drugs fund have helped people to get access to medicines rapidly. There is still work to do, but they need to be marketised at a fair price. We made a commitment in our manifesto to establish an innovative medicines fund to address slightly some of the points that he made.
Amendments 22 to 27 relate to the three considerations the appropriate authority must have regard to when making regulations in relation to medicines for human and veterinary use and medical devices. The effect of the amendment would be to remove the requirement to have due regard to the attractiveness of the UK as a place to market and develop these products, and to assert the primacy of patient safety above all other considerations.
The safety of patients and the environment, people and animals—when moving into the area of veterinary medicine—absolutely underpins the regulatory decisions that are made. It is absolutely the case that we would never seek to make a regulatory change that puts somebody’s health at risk; that would be counter-intuitive. However, I do not think that patient safety or safety in general is in conflict with the other considerations that these amendments are intended to affect.
The purpose of the regulation is to ensure that we do what is in the best interests of UK patients, or the veterinary sector when it comes to animals, so that they receive the best possible treatment without undue impact on the environment. It is likely that having a dynamic and innovative market, where treatments or technologies are developed in the UK, contributes to the overall benefit of the patient, as those treatments will become available to them. These are not binary principles where regulation works only in the interests of one or the other.
The hon. Member for Nottingham North mentioned Nottingham—I also shout out to Cambridge, which is just down the road, and London, which the hon. Member for Bethnal Green and Bow mentioned. This country’s life sciences sector is envied. The Government have committed to supporting it through the life science industrial strategy, in which we have sought to address the challenges faced by the industry and provide an environment that encourages companies to start and grow. All large companies start somewhere, and the hon. Member for Nottingham North knows that in the incubators around Nottingham, Cambridge and even my constituency of Bury St Edmunds, lots of small firms are working on the most incredible things to help patients.
Rushanara Ali
Nobody doubts that innovation will thrive if there are proper frameworks and safeguards in place, but it is clear that, in a post-Brexit world, our Government will want to see more innovation in research and development and investment, and sometimes the choices will come into conflict. There will be a trade-off, and we must ask what is a greater priority. Frankly, in recent years, some of the narrative that we have heard from the Government has not inspired confidence. I am looking for a very clear message that public safety will be set in stone. It is not good enough for Ministers to give reassurance; it has to be set in stone. We have to have confidence that public safety will not be compromised in the interest of getting investment. That is necessary, but it should not come at the cost of public safety.
Jo Churchill
I thank the hon. Lady for her intervention. The reason why the safety of human medicines is listed first is because safety is the paramount objective in everything.
In the life sciences industrial strategy, we have sought to address the challenges faced by the industry, provide an environment that helps companies to grow, and support collaboration between the NHS and industry better to adopt innovative treatments and technologies. Life science is one of the most productive and strategically important parts of the UK economy—it is worth more than £74 billion per annum—and we wish to cement our position as a world leader in that field to allow patients to benefit from cutting-edge treatments as soon as possible. The Bill is a key part of that, and it also keeps safety right at the top of the agenda. It is therefore right that, when we make regulations, the appropriate authority considers their impact and looks at whether they would constrain companies from seeking to bring new and innovative medicines or medical devices to market.
The concern of the hon. Member for Nottingham North is that the consideration of the UK’s attractiveness, if applied, would mean a reduction in regulation on the sector, such that safety concerns would arise. That is simply not the case. I appreciate that he would like clarity on how the attractiveness consideration would work in practice, and the hon. Member for Central Ayrshire quizzed me about that too. The consideration would not mean reduced regulatory barriers to manufacturing, for example, as that would be to the detriment of patient safety. No! We have not sought to define attractiveness in the Bill, because the definition is as it is in ordinary language. There is no hidden or nefarious intent here. We want the UK to remain at the cutting edge of medical advancement, and that is done by recognising that the pharmaceutical industry benefits patients by making innovative therapies available through clinical trials and bringing them to market, or, indeed, collaborating in the event that expedited access to treatments is necessary.
Alex Norris
It feels to a certain extent as if we are having this conversation the wrong way round. I have not been in Parliament very long, but I have been on quite a few Bill Committees—I am sad like that. Normally the Opposition try to put words in a Bill and the Government say, “We agree with the principle; it just does not need to be on the face of the Bill.” It feels as if on the attractiveness point we are doing that the other way round. I completely accept that there is no nefarious aim, but I personally think that it is superfluous. We can perhaps pursue that at a later stage.
I agree, too, that those things are not necessarily in conflict but, as my hon. Friend the Member for Bethnal Green and Bow said, I can see circumstances in which they might be, in the sense of pressure to drop our standards in order to get certain investments. For the Opposition, that has been a fear throughout, and we can certainly see it in this place, which is why we would like to enshrine a provision in the Bill.
Finally, I accept the point that patient safety must come first, but I do not think that the Bill—although it was written with lots of lists in it—creates hierarchies in those lists. It does not specify what falls down, that A is better than B which is better than C which is better than D, so that does not quite cover the point. I will not press the amendments to a vote, but with permission, we might come back to them later. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 1 ordered to stand part of the Bill.
Clause 2
Manufacture, marketing and supply
Ms Marie Rimmer (St Helens South and Whiston) (Lab)
I beg to move amendment 1, in clause 2, page 2, line 23, at end, insert—
“(o) the origin and treatment of human organs used in the process of developing or manufacturing medicines”.
This amendment empowers the appropriate authority to make provisions on the process of developing or manufacturing medicines in relation to the origin and treatment of human organs.
It is a pleasure to serve in Committee under your chairmanship, Mr Davies.
The purpose of the amendment is to empower the Government to make regulations providing for the treatment of human organs in the development of the manufacturing of medicines. This is necessary due to the actions of the Chinese Government in Beijing.
The China tribunal launched the first independent legal analysis of all evidence related to organ harvesting in China. The tribunal is headed by Sir Geoffrey Nice, QC, who served as the lead prosecutor of Slobodan Milošević. It stated:
“Forced organ harvesting has been committed for years throughout China on a significant scale”.
I have forwarded copies of this document to all members of the Committee. I am trying to be as transparent as possible—this is not about trying to kid or trick on our commitment. I am sure that people in the country would agree. All members have copies, which I sent out over the weekend. I have given a short version of what the independent public tribunal said. Clearly, on the second page, it stated:
“Forced organ harvesting has been committed for years throughout China on a significant scale and that Falun Gong practitioners have been one—and probably the main—source of organ supply. The concerted persecution and medical testing of the Uyghurs is more recent, and it may be that evidence of forced organ harvesting of this group may emerge in due course.
The Tribunal has had no evidence that the significant infrastructure associated with China’s transplantation industry has been dismantled and absent a satisfactory explanation as to the source of readily available organs concludes that forced organ harvesting continues till today.”
There is therefore clear evidence that China is conducting medical testing on organs forcibly harvested from Uighurs, the Falun Gong, conscientious objectors and political prisoners. Indeed, a study by medical journal The BMJ raised ethical issues about more than 400 Chinese medical studies. The harvesting of organs from those people not only is an abhorrent act in and of itself, but often involves forced brain damage and vegetation of the person involved, of course leading to their eventual death.
Those papers that I sent to all Committee members refer to a debate in the House of Lords on 2 March, which raised the issue of the tribunal on forced organ harvesting in China. On that harvesting, Lord Alton commented that the
“organised butchery of living people compares to ‘the worst atrocities committed in conflicts of the 20th century’, including the gassing of Jews by the Nazis and the Khmer Rouge massacres in Cambodia”.
The UK Foreign and Commonwealth Office informed the UK House of Lords that the World Health Organisation, which previously advised that China’s transplant system is ethical, responded:
“The evidence that it uses is based on the self-assessment made by the country that is a signatory, and in this case that is China.”
That comes from the UK Foreign and Commonwealth Office. The British Medical Association calls on the Government to reconsider their position on this issue in the light of the findings of the tribunal, and to use their influence with the international community to ensure that a full, proper investigation takes place.
We therefore need to take the necessary steps to protect the United Kingdom’s healthcare system from being morally compromised through an injection of Chinese medicines developed in a way that breaches some of the most basic human rights. This amendment does not aim to shut down trade in medicines between the United Kingdom and China. Leaps in progress made for preserving human rights should be readily shared and traded across the globe. However, these leaps in progress should not come at the expense of innocent human lives, and we must do all that we can to ensure that this practice cannot be profited from.
By passing this amendment, the Government will be empowered to make regulations ensuring that medicines supplied in the United Kingdom meet basic human rights standards with regard to how organs have been obtained in their development and manufacture. Any medicines that meet these standards and any other standards set by the Government will, of course, be welcomed into the United Kingdom.
This amendment does not force the Government to implement these regulations now; it merely empowers the Government and the relevant authorities to take the necessary steps to regulate around this issue when they are prepared to do so. I can therefore see no moral or practical reason why members of the Committee would not wish to see this amendment added to this Bill, and urge the Committee to consider it.
Alex Norris
My hon. Friend has made a persuasive and powerful case, as she did on Second Reading. From the debate on Second Reading, I took away the phrase that this gives us a chance to “strike a blow” against this heinous industry. I certainly support her in that regard.
Jo Churchill
I thank the hon. Member for St Helens South and Whiston for raising this issue and the pack that she so diligently sent to us all over the weekend, which I read with great interest. I know she holds this issue dear to her heart and she is passionate about it. I fully understand the intention behind the amendment. It is absolutely right that medicines that enter the UK supply must not have been manufactured or developed to using organs or human tissues that do not come from authorised sources.
I can assure the hon. Lady that safeguards are in place to provide surety on these issues. The requirements around the donation, procurement, testing, processing, storage and distribution of organs, tissues and cells intended for human application are set out in the Human Tissue (Quality and Safety for Human Application) Regulations 2007 and the Human Tissue Act 2004, which are separate from measures on medicines manufacture.
Medicines legislation already ensures that human tissues and cells used in the manufacture of medicinal products must meet those requirements. Safeguards are in place in those Acts to ensure that the appropriate quality, safety and origin of human tissue is known—for example, consent and traceability requirements apply to any human tissue or cell component imported into the United Kingdom and used as a material in the manufacture of a medicinal product. Importantly, a researcher is not able to conduct research on human tissue in the UK if they cannot provide evidence that it has been obtained ethically and in accordance with legal requirements. The Government will ensure that, under the new deemed consent arrangements for organ donations, donations of cells for advanced therapy and medicinal products cannot happen without expressed consent.
Ms Rimmer
I am sorry about this—really sorry—because I understood that being a Minister was about co-operation, patience and morals. I do not disbelieve what the Minister says. However, there has been a public and independent inquiry, which found beyond all reasonable doubt. Those running the inquiry were people of stature and good regard, with a history of working for human rights.
I cannot withdraw the amendment. I ask that, at the very least, the Committee considers meeting Sir Geoffrey Nice and a Chinese surgeon who was forced to carry out the removal of organs in China, and who is now a taxi driver in London. They could meet somehow—I am sure we could do it on Teams or something like that. Before we get to Report, I urge the Committee to agree to such a meeting or to listen to and read the evidence. I cannot in all conscience accept that the learned people who sat on the China tribunal would have not researched and challenged—people such as Lord Alton, Lord Hunt and others in the House of Lords. Indeed, many hon. Members spoke about China’s treatment of Uighur Muslims in a Westminster Hall debate that was led by a Conservative Member on 11 March. I am sure some of them would have looked and questioned.
I will not and cannot withdraw the amendment, but I urge the Committee to have neutrality and meet the relevant people so that we can check. I would certainly have to check with learned people before I can begin to consider withdrawing the amendment. I cannot accept that the learned people who have engaged with this issue for so long—we have worked on it for nearly two years and, coincidentally, the Bill came along. I have tried to get a private Member’s Bill but have not succeeded. I have tried every nook and cranny to do anything I can to stop this practice. I do not want to risk our health service or our country’s reputation, which could be tarnished by being involved. I have dear friends who are Chinese, but I do not trust the Chinese Government in any way. I urge the Minister please at least to let us meet and consider this issue before Report. I have not sat on a Bill Committee before, Mr Davies, so I am not sure of procedure and, as you know, I am profoundly deaf. I urge the Minister please not to throw out amendment 1 without us doing that and rechecking every nook and cranny.
Jo Churchill
I understand the hon. Member’s passion for this area. As she said, she has tried to find every nook and cranny. I gently repeat that the Bill is not the right place for amendment 1, but I commit to writing to my Foreign and Commonwealth Office counterpart on this point and to exploring it further, if that would be of assistance to her. However, I say again that the Bill is not the vehicle for the amendment and I ask her to withdraw it.
Rushanara Ali
I welcome the Minister’s offer to write to the Foreign Office, and I commend in particular my hon. Friend the Member for St Helens South and Whiston for what she said. I have worked on human rights issues for other at-risk groups and there is a sense of concern about the position we may inadvertently find ourselves in. Will the Minister, in addition to writing to the Foreign Office, commit to ensuring that there is a review within Government to ensure that our safeguards are up to date? While I accept that the legislation is there, some gaps may need to be addressed and, if they cannot be addressed by the Bill, we need to find a way to assure ourselves that we have all the right safeguards in place. That will require a Health Department lead working with the Foreign Office and others.
Jo Churchill
As I said, I am willing to write to the Minister for Asia and the Pacific to explore this matter further, but I am afraid at this point that is all I can commit to.
Neil O'Brien (Harborough) (Con)
The hon. Member for St Helens South and Whiston made a hugely important and impassioned point, and I strongly support her. Will the Minister undertake to circulate her letter to members of the Committee?
Jo Churchill
Yes, of course, I will be happy to inform the Committee when I write to the Minister for Asia and the Pacific, if hon. Members would find that helpful. We heard from the hon. Member for St Helens South and Whiston, and I am sure we all read the pack she sent at the weekend about the trade in human organs, which is truly heinous.
The Chair
The hon. Member for St Helens South and Whiston said she was inexperienced in Bill Committees. I can happily tell her that at this moment in time she is in charge and it is entirely down to her whether she wishes to press her amendment to a Division or to withdraw it. It is for her to indicate which of those options she would prefer.
The Chair
With this it will be convenient to discuss the following:
New clause 2—Report on medicines under development—
‘On the date on which this Act is passed, and once every twelve months thereafter, the Secretary of State must lay before Parliament a report detailing what medicines the UK Government are developing.’.
This new clause requires the Secretary of State to lay before Parliament a report covering medicines that the UK Government are developing.
New clause 4—Antimicrobial Resistance—
‘(1) The Secretary of State must regard antimicrobial resistance a priority in the development of new medicines.
(2) The Secretary of State must, within 12 months of this Act receiving Royal Assent, lay an updated report before Parliament setting out a UK-wide strategy for tackling antimicrobial resistance.’.
This new clause requires the Government to prioritise tackling antimicrobial resistance and produce an updated report setting out how it shall do so.
Jo Churchill
The clause allows for changes to be made to the law relating to the manufacturing, marketing and supply of human medicines. It provides an exhaustive list of matters on which amendments can be made by regulation, giving clarity and limits on what may be done by secondary legislation. I will take each subsection in turn as these are important areas for the Committee’s consideration.
Subsection (1)(a) provides that changes may be made to update regulations in relation to manufacturing to reflect advances and innovation in the way in which medicines are prepared. That will enable us to take a revised approach to regulation, ensuring that regulations do not become barriers to patient access and to medicines manufactured in new ways while maintaining high regulatory standards to protect patient safety.
Subsection (1)(b) allows for changes to be made to the law governing the import of human medicines. It will support the continued ability to ensure that imported medicines are safe. We also want to be able to ensure that no unnecessary additional burden is placed on companies so that the UK remains an attractive place to supply medicines while protecting patients.
Subsection (1)(c) allows for changes to be made to the law governing the distribution of medicinal products by way of wholesale dealing. A wholesale dealing authorisation is required to supply or sell human medicines to anyone other than the patient using the medicine. In the light of any emerging safety concerns or innovative new techniques or technologies, changes may be required to maintain the quality of, and ensure proper distribution of, medicinal products. That could include such matters as providing and maintaining staff, premises equipment and facilities for the handling, storage and distribution of medicinal products under a wholesale dealer’s licence as are necessary.
Subsection (1)(d) provides that changes may be made to the law relating to marketing authorisations for human medicines. We want to ensure that UK patients have access to high-quality medicines and new treatments, so we need a regulatory system that maintains and enhances the UK’s attractiveness as a place to market novel and generic medicines while ensuring that medicines are safe and efficacious. We could, for example, amend the current regulations to offer additional statutory rewards or incentives for a certain type of application for a marketing authorisation, which would encourage new medicines to continue to come to the UK in a timely fashion.
Subsection (1)(e) allows for changes to be made to the law governing the manufacture, import or distribution of active substances. An active substance is an ingredient used to make a finished medicinal product and gives medicine its therapeutic effect. The ability to amend and update regulations in relation to active substances is necessary to protect public health, because if there is not adequate control of an active substance, contamination can carry over to the finished medicinal product. The ability to change the rules governing active substances means that we can update the UK regulations to react in response to emerging public health risks resulting from issues relating to active substances and ensure continued supply.
Subsection 1(f) allows for changes to be made to the law governing the brokering of human medicines. The brokering of medicinal products consists of negotiating independently and on behalf of another person in relation to the sale or purchase of medicinal products. We need to be able to amend the rules governing brokering in response to any new industry practices that arise and risk infiltration of the supply chain with falsified medicines. We could use this provision to restrict such activities, thereby securing the medicine supply chain and reducing the risk to patient safety.
Alex Norris
I am conscious that our carriage will turn into a pumpkin shortly, so I will move with some tempo.
New clause 2 is the Porton Down clause, and the world has changed greatly in the last few months. We now know, in a way we could never have grasped before, how an air-borne virus can lock us up in our homes for months on end, and even longer for many. We also know that what happens on the other side of the world can be with us quickly, and that at times, as with the current coronavirus, there is not much we can do about that.
We ought to reflect on what we are doing at home. We have reached a point where we could have a greater public understanding and scrutiny of the sorts of things being developed in our name by our Government. Porton Down is a world class facility full of incredibly talented people serving our national interest, but we do not know what they do. We get snippets. We know that in the past decade they have experimented on 52,00 animals, which is six times the rate of any other UK lab. I have absolutely no idea whether that is too high, too low, or just right, because we do not know. I am trying to probe the ways in which we can get greater transparency about what potentially life-saving or possibly life-ending products are being developed on our doorstep. If the Minister thinks there are better ways to do that, I am happy to consider those. The drafting does not refer to everything developed in the UK, but things developed by the Government. It is behind closed doors, very secretive, and potentially quite dangerous, so I am keen to know how we might get greater scrutiny.
New clause 4 on antimicrobial resistance is a passion of my predecessor, my hon. Friend the Member for Washington and Sunderland West. It is topical now as we wrestle with a horrendous virus, and I express my solidarity with the Minister and her colleagues on their efforts in doing so. Clearly, microbial organisms can adapt and have an incredible impact, as we are seeing. They can also disrupt much more conventional matters such as the antibiotics that are crucial for transplants and chemotherapy. It is laudable that the Government have a 20-year vision for this, although I hate long strategies. What is done in year one is much more important than what is done in year 20. I know there is a five-year plan sitting behind that, but even that feels too long a time. The new clause gives the opportunity instead for an annual report, which would be an improvement. If that is not the right vehicle, how might we be able to play our role in the conversation around antimicrobial resistance, and how do we get an appropriate period in which to hold the Government to account to ensure that we make progress?
Jo Churchill
I am grateful to the hon. Gentleman for raising the development of new medicines in new clause 2, which are important in new clause 3 as well. Antimicrobial resistance, as he has mentioned, is an absolutely critical issue of today. I will first set out what we are doing in that area. The development of medicines is an integral part of the UK life sciences sector, and we are committed to making sure that we can develop such medicines. The Bill gives us powers to maintain an effective system for regulating, including with respect to clinical trials. New clause 4 allows us to adapt the regulatory framework around them in a way that best suits the industry. The development of medicines is the role of the pharmaceutical industries and researchers, and we want to support them fully. The Government are committed to supporting a thriving sector, investing more than £1 billion a year in health research through the National Institute for Health Research, which is committed to openness and transparency about where the funds go. It ensures that all trials publicly register before any patient intervention, and key trial outcomes are made publicly available. However, the arrangements for Government support and funding through trials is not within the Bill.
I will address some of the work that the hon. Member for Nottingham North alluded to at Public Health England’s Porton Down campus, sometimes referred to in the context of medicine developments. The current PHE facilities at Porton Down do not develop medicines for Government, but engage in a range of scientific work for commercial and public sector customers. This includes the safety and efficacy of testing vaccines and therapeutics, and discovery work relating to novel and dangerous pathogens. Porton Down is also the site for work by Porton Biopharma Ltd, which is a public non-financial corporation and is outside central Government. Although PBL develops and manufactures biopharma products, this falls outside the Government and we are therefore not in a position to publish reports on the development of its work.
The hon. Gentleman also raised the important issue of AMR in new clause 4. I want to reassure the Committee that tackling AMR is a high priority for the Government and that its impact remains on the national risk register. The UK continues to lead the way on global action to tackle AMR, working alongside international partners, the most famous of whom is probably the most recent chief medical officer before Professor Sir Chris Whitty, Professor Dame Sally Davies, who has taken up her position as the special envoy for AMR. Her role will continue to underline the UK’s position as a world leader in developing and delivering international action in that space.
In January 2019, the UK Government published their vision to contain and control AMR by 2040. Achieving that is supported by the delivery of a five-year national action plan from 2019 to 2024. The delivery of the cross-Government commitments in the action plan is being overseen by a joint DHSC and Department for Environment, Food and Rural Affairs-chaired programme board, established in October 2019. The commitments in the national action plan cover all sectors, including human health, animal health, food and the environment.
The UK has already made good progress in reducing its use of antibiotics in humans and animals, and we now have the fifth-lowest level of antibiotic consumption in food-producing animals out of 31 European countries. We have also seen unprecedented levels of investment in collaboration in research on AMR nationally and globally. The UK invests significantly in AMR through the Fleming Fund and the global AMR innovation fund.
The hon. Member for Nottingham North is correct that the Government should prioritise the development of new medicines to address antimicrobial resistance, including antibiotics. Indeed, we already do. Having a pipeline full of antimicrobial drugs is critical to our efforts to contain, control and mitigate AMR, as outlined in the strategy towards 2040.
In July 2019, the UK formally launched a project for developing and testing the world’s first subscription-style payment model for antibiotics. If successful, it would mean that pharmaceutical companies received payment up front for access to their antibiotic products, based on the products’ value to the NHS, as opposed to the volume used. We are the first country in the world to test such a model and more information will be published on it in due course.
Although we know how important new medicines are in tackling antimicrobial resistance, a strengthened focus on prevention and the control of infection will help to contain the emergence and spread of resistance to antibiotics. By limiting and reducing the need to use antibiotics in the first place, we are taking a zero-tolerance approach to avoiding infection in human healthcare settings, as set out in the action plan. Our plan will result in at least 15,000 fewer UK patients being affected by infections each year by 2024, and 5,000 fewer drug-resistant infections.
In parallel, we are focusing on reducing animal exposures and susceptibility to pathogens that could result in the need for treatment with antimicrobials. By working closely with the veterinary profession to implement those preventive measures, we will reduce the need for new antimicrobial medicines as we reduce them in the food chain.
I hope that hon. Members will agree that the UK Government are working hard to ensure that AMR is controlled and contained through the vision for 2040 and the five-year action plan. New clause 4 is not necessary for the Bill. If the hon. Member for Nottingham North has further specific questions in relation to either medicines by the Government or AMR, I would be happy for him to write to me and I will endeavour to answer those points in a closed format. On that basis, I ask him to withdraw the new clause.
Alex Norris
I do not intend to press new clauses 2 and 4 to a Division. The Porton Down answer was helpful. In the terms of the amendment, it is not necessary, but I will have to work out how to get from accepting the principle about not developing medicines to accepting the next sentence about testing vaccines. That is a distinction without a difference, but I accept that it would not quite work in the Bill. The answer about the limited company does not hold either. As a wholly owned subsidiary of the UK Government, I think we could take an interest in that.
I was grateful for the detailed answer about AMR. I will take up the offer of engaging directly as and when. To be clear, we are keen to engage on that, because it is a significant issue and we want the Government to succeed at it. I hope that can be part of an ongoing conversation about it. On that basis, I will not press the new clause.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Medicines and Medical Devices Bill (Second sitting)
Monday 8th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Medicines and Medical Devices Act 2021 View all Medicines and Medical Devices Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 8 June 2020 - (8 Jun 2020)
The Chair
As I mentioned this morning, I remind Members to respect social distancing guidance. I will intervene if necessary to remind people of that. I also remind Members that tea and coffee are not permitted in Committee sittings and to ensure that their mobile phones are switched off or switched to silent mode. Finally, the Hansard reporters would be very grateful if Members could email copies of their speaking notes to hansardnotes@parliament.uk.
Clause 5
Fees, offences, powers of inspectors
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 11, in clause 5, page 3, line 39, at end insert—
“(1A) The Secretary of State must publish a fees regime within three months of the date on which this Act receives Royal Assent.”
This amendment requires the Secretary of State to publish their proposed list of fees in respect of human medicines.
It is a pleasure to resume serving under your chairship, Mr Davies. We move to the rapid-fire round, which will almost inevitably lead to me at some point giving a speech to a previous or future amendment—I am sure colleagues will be gentle and generous with me when I do so. This short probing amendment relates to fees in the discharge of the human medicines sphere. The principle is that, in the exercising of clause 1(1) it is conceivable that the Secretary of State, the Department and the Government in general will incur costs, so clause 5(1)(a) allows for provision to be made to exercise a function to charge for that, which makes perfect sense.
The Medicines and Healthcare Products Regulatory Agency has previously worked on a cost recovery basis, which makes a lot of sense, but the amendment is designed to test whether it would not be better to have a comprehensive, clear and consistent fees regime. The MHRA and the Government in general have a tough job against a potential occasional big foe in the pharmaceutical industry—or big partner to work with, at least. I assume, but would like to hear from the Minister on the record, that the expectation is that there will be equal pay for an equal job, so a bigger firm that is better equipped to lobby would not end up paying smaller fees than a smaller firm, simply because that firm was better at arguing or making its case. Is cost recovery still in general the preferred option? If so, might it not strengthen the Secretary of State’s hand if that were put in the Bill?
The Parliamentary Under-Secretary of State for Health and Social Care (Jo Churchill)
It is a pleasure to be back this afternoon. I am grateful to the hon. Member for raising the important issue of fees in his amendment, and I recognise the intent of that probe. I am sure we agree that it is important that all new fees for human medicines are set in an open, fair and transparent way. I want to reassure him that what the amendment seeks to achieve is already standard practice and is happening. I will rapidly set out the steps already in place to ensure the fairness, openness and transparency that underpin the fees regime for human medicines.
The current fees have been subject to consultation and are provided for in legislation. They are published online and publicly available at gov.uk. All of that is supported by a formal and standardised process for reviewing existing fees and for the introduction of new fees for human medicines. The standard approach for setting statutory fees is full cost recovery, as the hon. Member alluded to, which means that fees must be set at a cost that reflects the activity involved in carrying out such a specific regulatory function.
The full cost recovery approach is set out by Her Majesty’s Treasury in its “Managing public money” guidance, which ensures that the Government neither profit at the expense of consumers nor make a loss for taxpayers to subsidise. Therefore, fees cannot be set arbitrarily, and the fee must reflect the cost of the regulatory work carried out. I think that goes some way to addressing the hon. Member’s probe on size.
Existing fees for human medicines are kept under active review by the Medicines and Healthcare Products Regulatory Agency. The amendment is specifically concerned with new fees that might be introduced under the powers in the Bill. It is already a requirement that new fee proposals are subject to consultation, and that duty continues for fee proposals under the Bill. We will publish impact assessments with the new proposals, which will set out the effects of any changes to fees in the UK on Government, industry or the general public. Her Majesty’s Treasury will be engaged throughout the fee proposal process, and any proposals for new fees will be subject to approval from HMT. It is also standard practice for the MHRA to engage with industry and trade bodies through regular meetings to discuss any new fee proposals that might be coming up.
I trust my explanation has reassured the hon. Member for Nottingham North that the requirements are and will continue to be in place so that fees for human medicines are fair, open and transparent. I therefore ask him to withdraw his amendment.
Alex Norris
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Jo Churchill
Clause 5 provides that changes can be made to the law relating to human medicines with respect to fees, criminal offences and the powers of inspectors. Regulations made under clause 1(1) allow us to change the UK’s regulatory framework for human medicines as science, technology and clinical needs evolve. When the regulatory regime is updated, it is important that the regulator—in this case, the MHRA—can continue to regulate effectively and maintain compliance with all elements of the regime. To ensure this, it may be necessary to make provision about charging fees, creating criminal offences, and updating inspectors’ powers when making changes to the regulatory regime. Regulations made under clause 1 and relying on clause 5 will enable us to do this. We will consult before making any of those changes.
Clause 5(1)(a) allows us to make provision about the charging of fees. The regulator is self-funding for the purposes of medicines regulation. This work includes assessment for marketing authorisations and clinical trials of human medicines and inspections. It is funded by fees payable by the pharmaceutical industry in relation to the services and regulatory work provided. The current fees are set out in the Medicines (Products for Human Use) (Fees) Regulations 2016 and vary according to the specific areas of work.
It is important that existing fees can be amended, or fees can be introduced in connection with the MHRA exercising functions conferred by human medicines provisions as they evolve. Any proposal to introduce new fees is subject to consultation. The impacts on industry, Government and the general public would be evaluated through the usual process of an impact assessment. As part of its regulation of human medicines, the MHRA is able to impose criminal sanctions for certain regulatory breaches. As the regulatory regime is updated in future, it is important that we have the ability to also update the corresponding list of offences against which the MHRA can take action.
Clause 5(1)(b) allows us to create criminal offences with a maximum of two years’ imprisonment to cover updated requirements to supplement the evolution of the regulatory regime. MHRA inspectors play a critical role in ensuring compliance so that medicines are safe and effective for patients, and so that manufacture, research and surveillance processes are carried out to recognised standards. Inspectors already have all the powers to enter premises at any reasonable time to determine whether there has been a contravention of medicines regulations. For example, they may take samples or copies of documents if it is suspected that an offence has been committed. We have published two illustrative statutory instruments to demonstrate how provision can be made in regulations, relying on clause 5(1)(b) in combination with subsections of clause 2, to create a criminal offence for failing to comply with the new requirement set out in the regulations.
Clause 5(1)(c) allows us to update the relevant powers of entry and other powers of inspectors to align with new elements of the regulatory regime as it evolves. I commend the clause to the Committee.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clauses 6 and 7 ordered to stand part of the Bill.
Clause 8
Power to make regulations about veterinary medicines
Alex Norris
I beg to move amendment 12, in clause 8, page 5, line 17, at end insert “services.”
This amendment broadens the range of issues that the Secretary of State must consider to include access to the relevant services to dispense veterinary medicines.
I did not want us to miss out the veterinary medicines part of the Bill, because it is important. We are a nation of animal lovers and we are keen that the laws we make are sympathetic to all living beings. The issue was also raised on Second Reading, because it has an impact on the food chain, so we must be mindful of setting an effective regime, as I know the Government are keen to do.
The amendment is simple. Again, I hope that it is redundant, but I want to test that with the Minister. There is a clear read-across between parts 1 and 2 of the Bill, which is that the powers being reserved for human medicines are largely the same as those being reserved for veterinary medicines. The word that I would like to be added in clause 8(2)(b) after
“the availability of veterinary medicines”
is “services”, because one way in which veterinary medicine differs from human medicine is that we do not have a universal service, so that access point is an important consideration for the Secretary of State.
I have not drafted the amendment elegantly enough. When we get to amendment 13, we will discuss something called the cascade, which was new to me until a couple of weeks ago. The principle of the cascade is that, whereas in human medicine we have expectations that certain medicines will be used to treat certain conditions and doctors do not have a massive amount of latitude to go outside that, in veterinary medicine, if such a thing is not available, the veterinarian can fall down the chain and use a different painkiller—perhaps a human painkiller. That is obviously important.
I wonder—and this is what I am testing with the amendment—whether that creates a possible inequity. If there is better access to veterinary medicines or supplies in certain communities, perhaps rural versus urban, that could create not a two-tier service, but a slightly different service from the one we want. It would therefore be useful for the Secretary of State to have regard to the services, as well as the physical ability to get pills, potions or whatever. That is all the amendment seeks to test and I am interested to hear what the Minister says.
Jo Churchill
I am grateful to the hon. Gentleman for raising the important issue of the availability of veterinary medicines. The intention is clear: to ensure continued access to veterinary medicine equitably for all the nations’ animals.
The Bill provides the power to amend or supplement the Veterinary Medicines Regulations 2013, which cover the full supply chain of veterinary medicines from development to supply. The requirement for the appropriate authority to have regard to the availability of veterinary medicines, as set out in clause 8, therefore ensures that when making regulations under the clause, the availability of veterinary medicines throughout the supply chain is considered.
Although the intended effect of amendment 12 is to expand on those factors, the actual effect would be to inadvertently narrow their scope to focus only on the availability of veterinary medicines services, such as the dispensing of veterinary medicines, rather than the availability of veterinary medicines more widely and more equitably. Veterinary medicines services alone are not the determining factor in the availability of veterinary medicines.
Clause 8, as drafted, ensures that the appropriate authority must have regard to the availability of veterinary medicines throughout the supply chain, so that the rural versus urban comparison the hon. Gentleman used would not be a comparator and medicines would be equally available. I therefore ask him to withdraw the amendment.
Alex Norris
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Chair
With this it will be convenient to discuss new clause 5—Capacity of the veterinary industry—
“(1) The Secretary of State must, within 12 months of making regulations under section 8(1), lay a report before Parliament setting out an assessment of the capacity of the veterinary industry, relative to the requirements of those regulations.”
This new clause requires the Government to make an assessment of the capacity of the veterinary industry.
Jo Churchill
Clause 8 provides the power to amend or supplement the Veterinary Medicines Regulations 2013. Subsection (1) gives the appropriate authority a power, by regulation, to make amending or supplementing provision within the scope of the matters set out in clauses 9 and 10. The appropriate authority may use this power only to build on—in other words, amend and supplement —the current regulatory framework for veterinary medicines. Clauses 9 and 10 set out an exhaustive list of matters about which regulations could be made on veterinary medicines. An in-depth explanation of those clauses will be shared with the Committee throughout the course of these sittings.
Subsection (2) sets out three matters to which the appropriate authority must have regard when making regulations under clause 8: the safety of veterinary medicines in relation to animals, humans—including consumers of produce from treated animals—and the environment; the availability of veterinary medicines; and the attractiveness of the relevant part of the UK to industry for developing or supplying veterinary medicines. Subsection (3) explains that
“the relevant part of the UK”
depends on where the UK regulations will apply. The environmental safety aspects could include considering the potential impact of veterinary medicines on terrestrial and aquatic eco-systems and their flora and fauna—for example, the environment can also be affected by slurry application and excretion by grazing animals.
Subsection (4) sets out the appropriate authority for the purposes of regulations made under clause 8(1). The appropriate authority able to exercise this delegated power for England, Scotland and Wales is the Secretary of State. For Northern Ireland, the appropriate authority is either the Department of Agriculture, Environment and Rural Affairs in Northern Ireland acting alone, or the Secretary of State and the Northern Ireland Office acting jointly. This means that the powers can be exercised on their own, as well as jointly on a UK-wide basis.
Alex Norris
I will speak briefly to new clause 5. I was happy to withdraw amendment 12, but the principle was about trying to ensure that there is equitable access to services, because that is how veterinary medicine differs from human medicine. New clause 5 follows that principle through to its logical conclusion. This may have been done; I have been looking but have been unable to find it. I am sure the Secretary of State for Health and Social Care has seen hundreds and hundreds of health equity audits: how are things in Nottingham different from in Shipley, and how does that impact on health outcomes? For all the reasons I mentioned at the beginning, I wonder whether it is the same in the veterinary industry and whether there are regional, rural-urban and north-south disparities that mean access is different. The potential fall-outs from that are worth considering.
The new clause is intended to probe and to see whether the Government have that sort of information. If so, maybe they could let us see it—either shortly or during the rest of the proceedings on the Bill.
Jo Churchill
I am grateful to the hon. Member for raising the matter of capacity within the veterinary industry as it stands, in order to provide equity throughout. I recognise that he has given us examples of north-south disparities and so on, and I recognise the good intentions behind the new clause and his desire to ensure that the veterinary industry is working to full capacity and in unanimity across the piece. We agree that vets are an essential part of our animals’ lives and a key component of the UK system of protecting food safety, providing international assurance and upholding standards in welfare.
The Government are already working with various veterinary sector stakeholders, including the Royal College of Veterinary Surgeons and the British Veterinary Association, to understand the UK’s veterinary resourcing needs and ensure that there are adequate numbers of vets in the short and long term. We are working with a variety of initiatives to build a sustainable, diverse and modernised UK veterinary infrastructure to ensure that we maintain access to the right people, with the right skills and knowledge, supporting food safety and animal health and welfare, as well as trade. DEFRA has successfully secured a place for the veterinary profession on the Home Office shortage occupation list, and we are grateful to the Royal College of Veterinary Surgeons and British Veterinary Association for their work on the issue. It makes it easier for veterinary employers to gain visas.
To turn to specifics, as Members will know, the Bill introduces a statutory duty to consult before making changes to the Veterinary Medicines Regulations 2013. That consultation duty, in clause 40, requires that the appropriate authority must, before making regulations, consult those it considers appropriate. That is the most suitable route for ensuring that all those in the veterinary industry who need to be consulted are included. We are working across Government and with the veterinary profession to help to develop a flexible, skilled workforce that meets UK needs and irons out disparity of service. I want to assure the hon. Member for Nottingham North that it is a key priority to enable an innovative, productive and competitive veterinary medicine sector that invests in its people and skills. To help to achieve that, we shall ensure that there is access to sufficient appropriately skilled labour to drive continued industry growth and productivity, while ensuring that the environment for humans and animals is safe.
Alex Norris
I appreciate that answer, and the detail in it. I guess the only way in which I would supplement my questions is to ask that, once the fruits of the work with the relevant stakeholder bodies are available, they should be shared. That would be of great interest to Members on both sides of the House.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Manufacture, marketing, supply and field trials
Alex Norris
I beg to move amendment 13, in clause 9, page 6, line 11, at end insert—
‘(1A) The Secretary of State must by regulations make provision about the use of the Cascade.”
This amendment gives the Secretary of State the responsibility to make provisions regarding the Cascade, a process where veterinarians can dispense different medicines to animals, such as human medicines, should appropriate conventional animal medicines not be available.
I have buried the lede, obviously, by talking about the cascade already; but I am interested to hear a little more detail about the Minister’s vision for the cascade. It is obviously an entrenched principle across the European Union, and an industry standard. It has a significant impact on the lives of animals and, by proxy, humans as well. It seems to me an important principle, but it is not on the face of the Bill. The Government would, on Royal Assent, have the immediate ability to diverge away from the cascade quite quickly, but I wonder about the safety of that and whether that is in the Government’s plans. It was not in the impact assessment, so I am keen to scope out whether we expect the cascade to continue to be a principle in this country, and, if so, whether we expect our cascade to reflect closely the one used by our EU counterparts.
Jo Churchill
A clause or so back, the hon. Gentleman gave us a snapshot of what a cascade is, and I do not think I could put it better. My notes say that veterinary surgeons can prescribe gabapentin, a human medicine, to treat chronic pain in animals, particularly if it is of a neuropathic origin, as there is no equivalent in veterinary medicine. As the hon. Gentleman said, the cascade is about making sure that there is something in the veterinarian’s bag to enable appropriate care to be given to animals.
I am grateful to the hon. Member for Nottingham North and to the hon. Member for Central Ayrshire, who I think also signed the amendment, for raising the important issue of the prescribing cascade. However, not only is the amendment not necessary, but I argue that it could be unhelpful in certain instances. I recognise the desire to ensure that the use of prescribing cascades is regulated. The cascade enables veterinary surgeons to have access to a wider range of medicines to treat animals under their care and, in particular, to prevent the unacceptable suffering that might occur if they could not prescribe those alternatives.
The provisions with regard to the cascade are set out in schedule 4 to the Veterinary Medicines Regulations 2013 and the Bill already confers discretionary powers that would allow the appropriate authority to decide, following consultation, whether and how cascade requirements in the existing regulations might be amended in the future. That is provided for in clause 9(1), for the professionals to decide, arguably.
The amendment as drafted would appear to obligate the Secretary of State to update the regulations with regard to the cascade, as opposed to making those changes when it is appropriate to do so, and evaluate the cascade above other important aspects of the veterinary medicines regulatory framework. Although the cascade is important, it is our position that the regulations should be updated when it is clear and necessary to do so, rather than operating under a compulsion to do so for any one element, as putting it in the Bill might lead to. In that light, I ask the hon. Gentleman to withdraw it.
Alex Norris
I am happy to withdraw the amendment on that basis. The point of putting it in was to shoehorn the subject into the conversation, which was obviously effective. I did not hear from the Minister whether she felt that we are likely to continue to reflect the EU arrangements on that. Given that it is novel and specific to this area of medicine, and given that it is not risky, but diverges from what we consider basic medical practice in humans, it is of interest to people.
Perhaps now is not the moment to hear about the Government’s plans to reflect, or not, the judgments made by EU colleagues in future, but I hope that, over time, we can continue to have that conversation because I think there is public interest in that. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Jo Churchill
On amendment 13, I will write to DEFRA to seek clarification for the hon. Gentleman if that would be helpful. As we move through the Bill in the spirit of co-operation, I am more than happy to continue the conversation.
Clause 9(1) provides that amendments may be made to the Veterinary Medicines Regulations 2013 about the manufacture, marketing, supply and field trials of veterinary medicines. The Committee will note that in large part, clause 9(1) makes very similar provision to clause 2(1). I will take each subsection of clause 9(1) in turn.
Subsection (1)(a) sets out that the regulations made under the power in clause 8(1) may make provision about authorisations to manufacture veterinary medicines. The subsection means that it will be possible to update the rules around manufacturing authorisations—for example, to reflect the latest scientific advances in manufacturing and to address the manufacture of novel and innovative veterinary medicines. The subsection is therefore needed to future-proof the regulatory regime.
Subsection (1)(b) allows provision to be made about authorisations to import veterinary medicines, which is needed to continue to secure supply chains for those medicines entering the UK. By updating our existing regulatory framework, we can maximise the availability of veterinary medicines, while taking care that our approach does not place an additional burden on those who import medicines. Such a change can benefit animal owners, as it can lead to quicker access to veterinary medicines, a point that my hon. Friend the Member for Penrith and The Border brought up on Second Reading. We could use the subsection to allow additional professions, for example veterinary nurses, to import certain types of veterinary medicines with appropriate controls.
Subsection (1)(c) allows for provision to be made about authorisations to distribute veterinary medicines by way of wholesale dealing, which would ensure that we can provide further assurance on the quality and security of the full distribution chain for veterinary medicines. We could, for example, amend the application process for a wholesale dealer’s authorisation, supplement the requirements that must be met by the holder of such an authorisation, or amend the exceptions to the requirements for an authorisation.
The subsection could also be used to change the requirements for a wholesale dealer’s authorisation to cover new and novel products that may have new or additional storage and distribution requirements. That would maintain the quality and security of the distribution chain for such veterinary medicines and ensure that they are stored appropriately and safely throughout.
Subsection (1)(d) allows for provision to be made about marketing authorisations for veterinary medicines. This would help to ensure that the UK remains an attractive place for the pharmaceutical industry to bring to market both new and established medicines, and that UK animal owners do not have to wait for new, innovative or generic veterinary medicines. As an example, regulations could offer statutory rewards or incentives for certain types of applications for marketing authorisation.
Alex Norris
I beg to move amendment 14, in clause 10, page 6, line 35, at end insert—
‘(1A) The Secretary of State must publish a fees regime within three months of the date on which this Act receives Royal Assent.”
This amendment requires the Secretary of State to publish their proposed list of fees in respect of veterinary medicines.
This amendment is substantially the same as amendment 11, but it relates to veterinary medicines rather than to human medicines. So, assuming that the answer will be pretty much the same as for amendment 11, I do not really want to labour the point.
Jo Churchill
The short answer is probably yes, but I will just give the hon. Gentleman half a page of explanation.
I recognise that, as before with amendment 10, amendment 11 would ensure transparency, in essence, on fees that stakeholders may have to pay with regard to veterinary medicines, such as fees for marketing, manufacturing and distribution. The fees relating to veterinary medicines are set out in schedule 7 to the Veterinary Medicines Regulations 2013, and the power in the Bill is to amend the fees where necessary, rather than to create anything new. Indeed, it is unlikely that any new or amended fees would be introduced within three months following Royal Assent. The fees are already published online and are publicly available on the gov.uk website, as I mentioned earlier.
Therefore, the amendment would create an obligation for the Secretary of State simply to republish the existing fee regime, which is already publicly available; hence the continuity element. Any proposal to amend fees or to introduce new fees would be subject to consultation. In addition, potential impacts on businesses or organisations based in the UK would be evaluated through an impact assessment, which would also be made publicly available during the consultation process.
In light of that explanation, I cordially ask the hon. Gentleman to withdraw his amendment.
Alex Norris
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Jo Churchill
Clause 10 provides that regulations made under clause 8(1) may make provision about charging fees, criminal offences and powers of inspectors. It enables the recovery of costs incurred in the administration of improvement or seizure notices under the Veterinary Medicines Regulations 2013.
We need to ensure that the regulator—the Veterinary Medicines Directorate, which I will now call VMD for ease—can continue to effectively regulate and confirm compliance with new or updated elements of the 2013 regulations. Therefore, it may be necessary to make appropriate changes to fees, offences and inspectors’ powers before making any such change; as I have constantly said, consultation will take place if that is the case.
The VMD is required to recover the costs of the regulatory services that it provides from fees and charges. It is important that existing fees can be amended or that fees can be introduced to meet the cost of functions exercised by the VMD. An essential part of protecting animal, human and environmental safety is ensuring compliance with the Veterinary Medicines Regulations 2013. The existing regime imposes criminal sanctions for breaches of the regulatory framework. This clause would allow for making the breach of requirements or prohibitions introduced under clause 8(1) a criminal offence, punishable by imprisonment of up to two years.
VMD inspectors play a critical role in ensuring compliance with the 2013 regulations, helping to ensure that medicines are safe and effective for animals by monitoring their manufacture and supply. Inspectors already have powers to enter premises at a reasonable time to ensure compliance with the 2013 regulations. Clause 10 would allow for the extension of existing powers of entry and inspection to new prohibitions and requirements introduced by regulations made under the Bill.
Subsection (2) provides that regulations made under clause 8(1) may not confer a power of entry to premises used wholly or mainly as a private dwelling, unless those premises or any part of them are approved, registered or authorised for the sale of veterinary medicines under the 2013 regulations.
I commend clause 10 to the Committee.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Clause 11 ordered to stand part of the Bill.
Clause 12
Power to make regulations about medical devices
Alex Norris
I beg to move amendment 15, in clause 12, page 7, line 27, at end insert—
“(d) the environmental sustainability of medical devices.”
This amendment obliges the Secretary of State to pay regard to the environmental impact of medical devices.
This is the “climate in all policies” amendment. We are in the middle of a global pandemic—an extraordinary time that we will all remember for the rest of our lives —but we are also in the middle of a climate emergency. Obviously, that was uppermost in all our thoughts a few months ago, and it must not fall down the order of priorities, because a similar existential threat exists as existed six months ago and it behoves us to act on it.
Amendment 15 is the first one relating to medical devices. To the principle that applies throughout the Bill of safety, availability and attractiveness, I think it would be suitable to add environmental sustainability, given that the types of materials used to create these devices could be finite resources. There could be opportunities for things to be reusable where they might at the moment be single use. I thought it important to probe this to see what the Government are doing, and could be doing, to ensure a medical devices market that promotes sustainability where that is responsible.
After tabling the amendment, I had a couple of emails from people making very fair points about things that could not be reusable. Of course, that applies to very many things in medicine; it is a very basic principle. I am very mindful of that. It is why the explanatory statement says “pay regard”. However, I think that the two things are compatible. There will be contexts where things that are currently single use do not have to be single use. I think that we should be seeking to promote that. There will be contexts where the market and the industry should be under pressure not to use finite resources, but to use all the considerable innovation to find other solutions. I feel that if Governments do not drive that in shaping the market, nobody else will. There should be pressure for, or at least interest in, buying British, for a variety of reasons. As well as being good for jobs and our local economies, that would be very good for reducing travel miles and therefore for sustainability. We have to decarbonise every industry we possibly can, so that applies to this industry also.
This is a basic principle that I seek in every policy—even though it might be a bit boring to hear me go on about it. We have to say, “But what about the climate? What about climate change?”. I think that this is the point in the Bill at which to do that. I would be interested to hear the Minister’s views on it, but also to hear what the vision is for shaping this market so that it is as sustainable as it can be.
Matt Western (Warwick and Leamington) (Lab)
My hon. Friend makes a very important point about sustainability, and of course linked to that is durability—the durability of the materials used in devices, particularly if a device is actually put into the human body. Of course, the durability is down to not just the effectiveness of the device or implant, but the cost to the health service of any subsequent revisions that may be needed, and so on. That is a significant cost, and therefore my hon. Friend is making an important point.
Alex Norris
I thank my hon. Friend for that intervention. It is important to seek quality and build to last, and to be sure that the products that enter the market are the best possible products in the round—not just those that have the best price on the box. There are other considerations of which we have to be mindful, whether they be patient safety, the long-term experiences that my hon. Friend has referenced or environmental sustainability.
Jo Churchill
I do not think anybody in the room is unmindful of the issues of environmental impact and durability, but the hon. Gentleman’s point is well made. He alluded to Baroness Cumberlege’s report, which will be out on 8 July. One of the challenges is that when something is implanted in the body, it is often there for a long period of time, and we would not want it to not be durable. That is always a consideration because, for example, we would not want something biodegradable sitting in a moist, wet environment—that product is not going to be doing its job in the long term.
I will address amendment 15, which relates to the requirement on the Secretary of State to have regard to certain factors when making regulations for medical devices. Clause 12(2) sets out those factors as
“(a) the safety of medical devices;
(b) the availability of medical devices;
(c) the attractiveness of the United Kingdom as a place in which to develop or supply medical devices.”
As I understand it, amendment 15 would oblige the Secretary of State to have regard to
“the environmental sustainability of medical devices”
as part of the assurances contained in clause 12(2).
I assure all hon. Members that the Government are fully cognisant of the need to ensure the ongoing sustainability of the environment, and have made major commitments not only on the broader issue of climate change, but to make sure that we are mindful of the reusability or sustainability of the things we use. All of this has to bring us back to the points that were made this morning about the need to be mindful of patient safety and so on. My understanding is that the intent of the amendment relates to the safe and environmentally friendly production of devices, which could include the transportation and sale of those devices, their import, and—where achievable—the reuse of devices after reprocessing. The hon. Member for Nottingham North has mentioned people getting in contact with him to say, “You’re not having my hip after I’ve used it,” but there are cases in which reuse would be appropriate, and we should be mindful of those.
The Bill is designed to support the safety of patients by maintaining a robust framework for the regulation of medicines and medical devices. The medical device regulations that clause 12 seeks to enable focus principally on the standards of pre-market and post-market assessment, as well as the vigilance required when placing devices on the UK market, so that UK patients feel safe about the products they can access. Amendment 15 would require consideration of facts beyond the regulator’s purview and introduce an added burden on the development of regulations, particularly when changes might be needed expediently to address issues of patient safety.
I totally understand the hon. Gentleman’s intention to put these issues at the forefront of our minds. However, I say gently that legislation to protect the environment, such as the Environmental Permitting (England and Wales) Regulations 2016, already exists and runs throughout the statute book, so checks and balances are in place. It is appropriate that manufacturers, suppliers and users of medical devices continue to have regard to the legislation specific to their circumstances, including the appropriate existing regulations that achieve the hon. Gentleman’s aim. I therefore ask him to withdraw the amendment. If the Opposition have points to press—with specific items, for example—they should write to me directly.
Alex Norris
I feel that I have made my point. I also discussed veterinary medicine and, with a Whip in the room, it might be misinterpreted that I am making a bid to be a shadow DEFRA Minister—I would not want that to be the sense that the Committee got. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Jo Churchill
Clause 12 provides the power to make changes to the Medical Device Regulations 2002, which regulate medical devices in the UK. Those regulations provide for the assessment of requirements and standards that must be met to place medical devices on the UK market, including in relation to packaging, labelling and user instructions, and for the requirements on manufacturers to conduct post-market surveillance of devices.
The first subsection of the clause is a delegated power allowing the Secretary of State to make amending or supplementing provisions to the Medical Devices Regulations. The exercise of that power is limited to making provisions about matters specified in clauses 13 to 15. Those clauses provide an explicit and exhaustive list of topics and give more detail on how the regulation-making power may be exercised. The Committee will, I am sure, hear in-depth explanations of those clauses during our consideration of them.
Subsection (2) explains that the Secretary of State must have regard to three factors when making provisions under subsection (1): the safety of medical devices; the availability of medical devices; and the attractiveness of the UK as a place in which to develop or supply medical devices. Those three factors must be taken into account, and they have been included to provide reassurance that future provisions are made with the best intentions for the safety of people and patients in the UK, as well as the continued development of our life sciences sector.
Matt Western
I thank the Minister for giving way; she is being very generous. I want to press her on that point. She talks about reassurance, safety and how important this sector is to our economy and our scientific status. When we talk about safety, we think about gauze and metal implants and so on, and the Minister mentioned how important it is for consumer protection and assurance. However, in the way that we have a building regs centre, or whatever it is called, at Watford—it came to light after the Grenfell disaster—where building materials are tested, is there such a body that does testing of these medical materials and products in the UK? If not, is one envisaged?
Jo Churchill
I will not bluff but, off the top of my head, I think that the MHRA would look at medical devices, as it does medicines—I was looking to where my box of officials would normally be. I am fairly sure that the MHRA pays regard to devices, as with the centre at Watford to which the hon. Gentleman alluded. That centre used to do its practices at the Cardington air hangars many years ago, I think, on fire in buildings, for example. Yes, I believe that there is sufficient regulatory oversight to ensure the safety of medical devices.
Medical devices are a reserved matter in relation to Wales, Scotland and Northern Ireland. As a result, unlike the enabling powers at clauses 1(1) and 8(1), regulations made under clause 12(1) can only be made by the Secretary of State.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Manufacture, marketing and supply
Alex Norris
I beg to move amendment 16, in clause 13, page 8, line 22, at end insert—
“(1A) In making regulations under section 12(1), the Secretary of State must evaluate the extent to which the market is meeting medical need.”
This amendment requires the Secretary of State to ensure that the market in devices is keeping pace with the UK’s medical needs.
This is the very nub of the Bill, and of the process of leaving the European Union and transitioning away from the relationship with it. That bears some important consideration, because presumably one does not leave unless one intends to do something differently; otherwise it would not be worth it. What is not clear is whether we intend to do something differently across all pieces, or whether that just happens inevitably over time because others choose to do something within this topic area and we, by default, do not and we start to diverge.
We could make this argument for medicines, but I have restricted it to medical devices because I think it only needs to be discussed once, and it is more easily conceivable and easier for me to explain my case when we talk about medical devices. I wrenched my wrist a few weeks ago, so I went to find some wrist support. I was thinking about it in this context, because I was starting my prep for the Bill, and it is striking how I started to see things on the box that perhaps I would not previously have seen or was not looking for, about all the different codes and regulations. The schedules to the Bill have a whole litany of them, and every medical device has some configuration of them on there.
In the future that will change, or at least the Secretary of State will be able to make that change. He can make it more complicated, much easier or more onerous, depending on our perspective; but it is almost inevitable, if only by the passage of time, that it will diverge from our friends on the continent. At that point, we create a market force. We know that companies developing medical devices will now have to make a choice about how they span the two markets. Of course, these issues have had hundreds of hours of parliamentary time, so I do not intend to rehash them much further, but I think there is a legitimate anxiety about the risk—and there must be a risk—that manufacturers prioritise the EU market over us and therefore we are behind in the queue and cannot get access to meet medical need.
The purpose of amendment 16 is to be clear about that, because that will give us a chance to do something about it as a Parliament, and for the Government it will act as a call to action. The amendment asks the Secretary of State to keep the matter under constant evaluation. I am perhaps willing to take the point that any responsible Secretary of State would do so anyway, but I would like to hear that it will be uppermost in the Government’s mind.
The changes we make are driven by the things we have talked about, which we see repeated for a third time under medical devices: safety, availability and attractiveness. We understand that, but because those changes could be very small, there could be a butterfly effect where we change something on a leaflet, or a badge that has to go on a box, and thus create a “Sliding Doors” moment where we start to diverge in different places. Then there will be a choice, and manufacturers will have to try to work out whether they prioritise bigger markets or smaller ones, or try to do something that pleases everybody.
I would be interested to know what conversations have happened with manufacturers and what lobbying of Government they have done about the sort of regime they want, because that is the substance of this Bill. The Bill remains a blank canvas for Ministers to paint on later; we are taking a leap of faith with Ministers here, and that is why we have sought to restrict that. It is worth understanding this, because it is one of the most profound implications of the Bill, and I am keen to know from the Minister how it has been mitigated and, importantly, how, and how actively, it is being considered.
Jo Churchill
Once again, I understand fully the intention of the amendment: to tease out the fact that small, incremental changes might lead to a divergence further down the line. However, I gently say that the purpose is to enable, so that, come January, we are in exactly the same place.
I will also say that innovation is a two-way street.An example is our ability to publish online to help people who might find it difficult to read the small print on paper in a packet of medicines, or who might be better able to understand from pictures how a device can be enabled or can help them. There is the chance, once we are in January 2021, to make those positive movements. That may lead to the Europeans looking and thinking, “Actually that would be useful.” There is no unique place for the good idea—I think that that is what I am gently trying to say. There is no place for a particular divergence, and we would not want there to be. As I said, there is consultation with stakeholders and the industry to be done on the exact points that have been alluded to.
Alex Norris
I am happy to leave this matter for now; we might come back to it on Report or Third Reading.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 17, in clause 13, page 8, line 22, at end insert—
“(k) enabling the Secretary of State to compile a register of representatives for non-UK manufacturers.”
Manufacturers of medical devices based outside the UK must designate a UK representative. This gives the Secretary of State the power to compile a list of them.
This is a brief and probing amendment based on something I picked up on the road, as it were, while talking to people in the sector about what they wanted to see from the Bill and the areas that we ought to go at. I have not been able to quite stand it up in the way that I would have liked, but I am sure the Minister will humour me, in the spirit of an open constructive dialogue.
At the moment, a medical device manufacturer that is not based in the UK has to have a UK representative—and it makes absolute sense that there should be someone who is accountable for the manufacturer’s actions and the impact of its products. However, the suggestion is that there may be inconsistencies as to who that person is, whether they are a genuine person of corporate interest in the company who is in a position to make or shape decisions or whether they were an appointee almost like a paper candidate. I picked that up in a couple of places, but it is anecdotal rather than something I could stand up, despite having done quite a bit of digging. I would be keen to know whether the Minister recognises that characterisation, or at least that risk.
I have not pushed the point too far in the amendment. All I am asking is that the Secretary of State would be able to make a register for the purposes of transparency. One of the suggestions was that an individual might be acting as a representative for multiple manufacturers, and that a register would help tease that out and give us a bit of transparency. I appreciate that there may be commercial sensitivities or personal identity issues, but I am sure that such issues could be managed in a sympathetic way. Indeed, I have not suggested any obligation that the register be public.
I am interested in the concept. Do we think it is a risk, and as we move into this brave new world, is this a chance to try to close that loop? Perhaps there is a better way to do it. I am interested in the Minister’s views on that.
Jo Churchill
I am grateful to the hon. Member for mentioning the importance of establishing a UK device register that records UK representatives for non-UK manufacturers. We have actually spoken more broadly, but we both appreciate—as does the hon. Member for Central Ayrshire—that it is something on which we will probably need to have broader discussions in order to go forward.
First, I will look at the spirit of the amendment. I recognise that there is a desire to strengthen the Secretary of State’s ability to conduct market surveillance by including in the Bill a power to compile a register of representatives for non-UK manufacturers. I wish to reassure hon. Members that the regulation-making powers in the Bill are sufficiently robust to enable the Secretary of State to conduct effective market surveillance. In particular, clause 13(1)(h) empowers the Secretary of State to make provision for the creation of a device register. Discussing how that is to be done is the next step. As hon. Members can see, the intention is already laid out.
The register would hold information about the medical devices that become available for sale on the UK market. That could include information on non-UK manufacturers, if they have devices that are sold within the UK on the UK market. Government policy is to record the responsible person for all devices available on the UK market after the transition period. Furthermore, current registration requirements allow the Secretary of State to record manufacturer information for the lowest-risk devices, custom-made devices and all in vitro diagnostic devices in the UK. Mandatory registration with the MHRA provides a level of additional scrutiny on such products that would otherwise be absent.
The Bill provides a power to expand current registration requirements to deliver a more comprehensive record of information about a wider range of medical devices entering the UK market, in order to support the role of the MHRA and its post-market vigilance activity. The will is there but, as the hon. Member for Nottingham North knows, I am very keen that we get such a register, registry or data collection, over which there is already quite a lot of confusion out there. We need to work hard with clinicians and others to ensure we get this right. On that basis, I ask the hon. Member for Nottingham North to withdraw the amendment.
Alex Norris
I really appreciate that answer, and I appreciate the Minister’s commitments outside the Chamber—her work with me and the hon. Member for Central Ayrshire, whom we are all missing and who would have contributed considerably to our proceedings but cannot, for a very good reason. There is room in the space of registration. That is obviously one narrow aspect of it, so I am happy to withdraw the amendment in order to pursue the greater prize. There are subsequent amendments in my name that also look at this issue. As the Minister says, it is very complicated and there are myriad different aspects. It is potentially a barrier. It needs to be done well; otherwise, it would be a barrier to trade, which would be bad. The opportunity to come together and to hear from clinicians—to do this once and do it right—is a big prize, and I will certainly be keen to provide support in any way I can. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Jo Churchill
Clause 13(1), which is similar to clause 2(1) on human medicines, provides for amending supplementary provisions to be made to the medical devices regulatory framework. Clause 13 lists the matters relating to the manufacture, marketing and supply of medical devices that may be under clause 12(1). The list is exhaustive in order to provide clarity.
Paragraphs (a) to (d) of subsection (1) provide the changes that can be made to regulatory requirements, which must be met before a product can be placed on the UK market, and outlines who can make such an assessment. The provision includes requirements about the characteristics of devices, such as design, manufacture and packaging, and the requirements placed on people involved in the marketing and supply of devices. Those paragraphs also allow for changes to be made to the rules governing the appointment of a specified person or persons, UK-based or not, to assess and certify that medical devices meet all relevant requirements. Changes may be made to conformity assessments, which are assessments of whether requirements, which could include conforming to agreed standards, have all been met. Under subsection (1)(e) and (f) provision could be made about the information to be provided to demonstrate that a device has met regulatory requirements. That could include specifying declarations that manufacturers must make, or certificates that must be provided, to show that a device has been through the appropriate kind of conformity assessment.
Clause 13(1)(g) enables provision to be about labelling, packaging, and information requirements for devices. That might, for example, include specifying warnings or expiry dates that must be included on the label or packaging for a device, and what information to include in the instructions for the use of the device.
We have considered additional ways in which we can improve our regulatory system to improve patient safety and aid market surveillance activities undertaken by the Medicines and Healthcare Products Regulatory Agency. One is the provision made in clause 13(1)(h), which would empower the Secretary of State to make registration requirements for devices marketed in the UK about the registration of devices and their manufacturers and suppliers, including information—this is probably our starting point—to be entered in a register. That is where I do not want the landscape to get confused. It is important that the register sits as that important piece.
Regulations made under clause 12(1) and relying on clause 13(1)(h) will enable the MHRA to create a register of medical devices available on the UK market. That could be requirements to increase the scope of current registration rules. Currently the lowest risk class of device—where they have been self-assessed by the manufacturer rather than assessed by a notified body—is required to be registered with the MHRA. Specified information in such a register, which would not include commercially sensitive information or personal data, could be made publicly available under clause 13(1)(h)(iii), allowing clinicians and patients access to information on the device that they intend to use. Again, there would be transparency.
Under clause 13(1)(i) and (j) changes could be made to the rule around investigations and evaluations for safety, performance and clinical effectiveness, and monitoring of performance through market surveillance. Having the ability to update the rules is essential to maintaining patient safety standards.
The UK does not operate in isolation to the rest of the world, and we have provided at subsection (2) that, where regulations are made relating to matters in clause 13(1)(a)—requirements that must be met in relation to medical devices—those requirements can refer to international agreements or standards for marketing or supplying medical devices.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clauses 14 to 16 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.–(Maggie Throup.)
Written Statements
Business Update
(3 years, 10 months ago)
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The Secretary of State for Business, Energy and Industrial Strategy (Alok Sharma)
I hereby give notice of the Department for Business, Energy and Industrial Strategy’s intention to seek an advance from the contingencies fund totalling £5,673,000 to enable expenditure on Covid-19 vaccines programme to be spent ahead of the passage of the Supply and Appropriation Act.
The funding is urgently required for HM Government to secure inventory which can be utilised for a number of vaccine, antibody and therapeutic candidates.
Parliamentary approval for additional resources of £5,673,000 for this new expenditure will be sought in a Main Estimate for the Department for Business, Energy and Industrial Strategy. Pending that approval, urgent expenditure estimated at £5,673,000 will be met by repayable cash advances from the Contingencies Fund.
The cash advances will be repaid upon receiving Royal Assent on the Supply and Appropriation Bill.
[HCWS274]
UK’s Future Relationship with the EU: Negotiations
(3 years, 10 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The Government have made a commitment to update Parliament on the progress of our future relationship negotiations with the EU. This statement provides an update on the fourth round of negotiations.
Negotiators from the UK and the EU held discussions through video conferencing on 2-5 June 2020 for the fourth round of negotiations on the UK-EU future relationship. This round was shorter than usual owing to a Belgian public holiday. There was no opening plenary, but there were substantive discussions on many issues, and the week closed with a plenary on 5 June chaired by the UK’s Chief Negotiator, David Frost, and by the European Commission’s Chief Negotiator, Michel Bamier.
Discussions covered all work streams including:
Trade in Goods—Market access, trade remedies, customs and SPS.
Trade in services—International maritime transport services, temporary entry for business purposes, professional qualifications, small and medium-sized enterprises, geographical indications (GIs).
Fisheries—Objectives of the agreement, consultation and co-operation procedures, access and scope, and quota sharing.
Transport—Aviation governance.
Energy—Civil nuclear, gas and electricity trading, climate change and carbon pricing.
Mobility and social security co-ordination - Social security co-ordination arrangements.
Law Enforcement and Criminal Justice—Human rights, extradition, the exchange of passenger name records (PNR) information, and Europol.
Thematic co-operation - A possible security of information agreement, asylum and illegal migration including unaccompanied asylum-seeking children.
Participation in union programmes—Discussions on the potential terms for UK participation in the following programmes Horizon Europe, Euratom, R and D, Copernicus and Erasmus+, and discussions on potential co-operation on the European geostationary navigation overlay service and EU space surveillance and tracking programmes.
“Level playing field”—In particular, labour and environmental standards, and trade and sustainable development.
Horizontal issues—Governance arrangements, territorial scope.
Discussions were constructive and positive in tone, but there was no movement on the most difficult areas where differences of principle are at their most acute—notably fisheries, governance arrangements, and the so-called “level playing field". Chief negotiators are discussing the arrangements for the next rounds of negotiation and for the high level meeting required by the political declaration to take place in June.
[HCWS271]
Withdrawal Agreement Joint Committee: Second Meeting
(3 years, 10 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The second meeting of the withdrawal agreement Joint Committee will take place on 12 June 2020 by video conference.
The meeting will be co-chaired by the Chancellor of the Duchy of Lancaster, right hon. Michael Gove MP and Vice President of the European Commission, Mr Maroš Sefčovič.
The agenda will include four items:
Introduction and opening remarks from co-chairs
Welcome and opening remarks
Stocktake of specialised Committee meetings
Implementation of the withdrawal agreement
Citizens’ rights
Protocol on Ireland-Northern Ireland
Protocol on sovereign base areas in Cyprus
Protocol on Gibraltar
Financial provisions
Decision on amendments to the withdrawal agreement
AOB
The UK delegation will include:
Chancellor of the Duchy of Lancaster, right hon. Michael Gove MP
The Paymaster General, right hon. Penny Mordaunt MP
Representatives from the Northern Ireland Executive have also been invited to form part of the UK delegation.
[HCWS270]
Immersive and Addictive Technologies: Government Response to DCMS Committee Inquiry
(3 years, 10 months ago)
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The Secretary of State for Digital, Culture, Media and Sport (Oliver Dowden)
DCMS is today publishing the Government response to the DCMS Select Committee’s report on Immersive and Addictive Technologies. I would like to commend the Committee for a wide ranging and detailed examination of many important issues.
The report called for improved research on the impact of video games and included extensive commentary on loot boxes (in-game purchases of virtual containers that award players with items to use in the game, based on chance).
To address the issues raised, and to ensure Government policy is based on sound evidence, the Government will set a framework for a programme of research into video games’ impacts on behaviour. This process will be led by DCMS’ Chief Scientific Advisor and will include a series of workshops with relevant research councils, academia and industry. These will be used to help determine the full range and detail of the questions that need to be addressed on the impacts of video games and make recommendations for a further programme of research.
We are not minded at this point to impose a levy on the games industry to pay for new research as we believe it would be likely to disproportionately impact the SMEs and microbusinesses that comprise the vast majority of games businesses in the UK. However, a range of funding approaches, including mechanisms to allow for in-game data to be used to support research, will be considered as part of this work.
The Government will also launch a call for evidence on loot boxes to assess concerns around links to gambling-like behaviour and excessive in-game spending. This will work alongside the framework for a programme of research into video games, and the wider review of the Gambling Act that includes a commitment to include a particular focus on loot boxes. In addition to a written call for evidence, we envisage holding a series of roundtables to discuss issues and solutions in detail, including the most effective approaches to protect users from any harms identified. The results from the call for evidence will be considered alongside the review of the Gambling Act. The Government stand ready to take action should the outcomes of the call for evidence support taking a new approach to ensure users, and particularly young people, are protected.
The Government recognise that immersive technologies and content offer great potential for economic, cultural and social benefits to the UK. Through increasingly compelling narratives and realistic visuals, immersive products can offer engaging experiences to audiences, not just with the aim of entertaining but with the scope to challenge, educate and inspire them.
Immersive technologies also allow the video games sector in the UK to build on already formidable strengths. Over half the UK population plays games, the vast majority engaging safely with content that allows them to enjoy fun, exciting play, find moments of relaxation, socialise and learn new skills. The video games sector, a key part of the UK’s world-leading creative industries, is also a cutting edge creator and adopter of innovative new technologies, and a provider of highly skilled creative jobs.
The Government are committed to build on these strengths by promoting inward investment, enabling the growth of exciting new games companies and encouraging innovation. Targeted support includes the video games tax relief which has supported more than 1,000 video games productions since it was introduced in 2014. Earlier this year, we also announced the extension of the UK games fund to 2021. Set up in 2015, the UK games fund targets games development talent with access to finance and business support, supporting 152 companies and 73 graduate teams to date. We are also helping to drive innovation, supporting ground-breaking projects such as the InGAME centre in Dundee. We will continue to consider further actions we can take to underpin the sector’s vital contribution to the future prosperity of the UK.
However, while digital technologies are overwhelmingly a force for good, undoubtedly they also present new responsibilities to ensure that users—particularly children and vulnerable people are not exposed to harm.
I believe the actions the Government are announcing today are important steps towards ensuring we can support the further growth of an innovative and important industry while protecting users in a fast-changing space. Further details on these, and the other recommendations made by the Committee will be set out in the Government response.
I am placing copies of the response in the Libraries of the House, and it will also be available on: www.gov.uk.
[HCWS272]
Local Authority Procurement: Fraud and Corruption Risk Review
(3 years, 10 months ago)
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The Minister of State, Ministry of Housing, Communities and Local Government (Mr Simon Clarke)
Today I have published a review into the risks of fraud and corruption in local government procurement in England, in collaboration with the Government’s anti-corruption champion, the hon. Member for Weston-super-Mare (John Penrose). This report delivers on a commitment by the Ministry of Housing, Communities & Local Government (MHCLG) in the UK anti-corruption strategy 2017-2022 and is an important part of the wider agenda to strengthen the UK’s response to the risks posed by corruption. The findings highlight the importance of continued vigilance across the whole procurement lifecycle and is particularly relevant at this time of heightened activity by councils, as they are working hard to respond to the challenges posed by covid-19.
Acknowledging and mitigating the risk of fraud and corruption is critical to sound financial management and ensuring that every pound spent by local councils supports the communities they serve. Activities to reduce vulnerability to the risks of fraud and corruption will also have the potential to improve efficiency and identify losses resulting from error, by highlighting weaker areas within systems and processes.
The potential benefits to both councils and the local taxpayer are significant. Under “business as usual” circumstances councils in England spend around £55 billion a year on goods, works and services[1]. Estimates[2] of the losses to Government expenditure caused by fraud and error range between 0.5% and 5%[3], equating to between £275 million and £2.75 billion per year for local government procurement spend.
It is also important to emphasise that fraud and corruption are by their nature hidden, and a low level of reported cases does not necessarily indicate a lack of fraudulent or corrupt activity.
Recent cross-Government reports demonstrate that detected fraud and corruption is only a proportion of the true scale of the problem[4]. Furthermore, of the 86 councils responding to the survey as part of this review, 23% reported having experienced cases of fraud and corruption within procurement in the 2017-2018 financial year.
Although there is no silver bullet for tackling the issue of fraud and corruption within procurement, this review draws together a range of activities which collectively help identify and mitigate the risks faced by local councils. The report details anonymised examples of good practice already in place across England, providing excellent evidence of local authorities’ innovation, commitment and collaborative approach.
The case studies of incidents of fraud and corruption and examples of best practice in prevention, illustrate how risks can materialise and what can be done to mitigate them. In addition, the report includes a risk matrix, which highlights possible measures that councils can use to strengthen their resilience to the risks of fraud and corruption. I hope the report will serve as a valuable resource for councils across the country to learn from. In additional to this report, I would also encourage councils to make best use of the national fraud initiative[5], CIPFA Counter Fraud resources[6] and the case studies from the counter fraud fund pilots MHCLG funded in 2014[7], as well as the latest fighting fraud and corruption locality strategy[8].
Taking forward the findings of the review
This report sets out suggested next steps for the public sector as a whole, for local councils and for MHCLG. Those for the public sector focus on putting in place standard definitions and measurement methodologies, ensuring there is a central place to record reports of fraud and corruption and strengthening whistleblowing arrangements.
MHCLG has a key role in supporting a culture of strong governance and robust accountability within the local government sector, and the counter fraud and anti-corruption agenda are important strands within this work.
At the level of individual councils, appropriate capacity is needed to prevent, detect and respond to incidents of fraud and corruption within the procurement lifecycle. This means having in place effective fraud and corruption risk management structures and risk assessments, effective due diligence and management of gifts and hospitality and conflicts of interest.
Capacity and capability within local authority contract management and commercial activities have been identified as areas for improvement and all those involved in procurement must understand their roles and responsibilities, whenever commissioning, procuring or purchasing on behalf of their council. Councils should consider how the risks of fraud and corruption are managed in their wider networks, including local authority companies, Arms-length management organisations (ALMOS) and other special purpose vehicles.
Procurement is only one area where fraud and corruption risks are present for councils, and similar risks are present in other areas of council operations. Many of the recommendations in this report should support efforts by councils to prevent and detect fraud and corruption, and to hold perpetrators successfully to account.
[1] National Procurement Strategy for Local Government in England 2018, LGA, page 5, https://www.local.gov.uk/sites/default/files/documents/11.122%20-%20National %20Procurement%20Strategy%202018_main %20report_V7.pdf
[2] See page 16, https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/file/764832/Cross-GovernmentFraudLandscapeAnnualReport2018.pdf
[3] The Fraud Measurement and Assurance Oversight Board concluded that there is an upper and lower range of likely losses: 0.5% to 5%. See page 31,
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/764832/Cross-GovernmentFraudLandscape AnnualReport2018.pdf
[4] Page 15, Cross-Government Fraud Landscape Annual Report 2018,
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/764832/Cross-GovernmentFraudLandscapeAnnualReport2018.pdf
[5] https://www.gov.uk/government/collections/national-fraud-initiative
[6] https://www.cipfa.org/services/counter-fraud-centre
[7] https://www.local.gov.uk/our-support/efficiency-and-income-generation/counter-fraud-hub-outcomes-counter-fraud-fund-0
[8] https://www.cifas.org.uk/insight/public-affairs-policy/fighting-fraud-corruption-local-authorities
[HCWS275]
Global Health Security Update
(3 years, 10 months ago)
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The Secretary of State for International Development (Anne-Marie Trevelyan)
The UK is leading the worldwide fightback against infectious diseases, including coronavirus.
That is why the Prime Minister hosted the global vaccine summit last week to raise funding for vaccinations that will save millions of lives in the poorest countries and protect the world from future outbreaks of infectious diseases.
Bringing together world leaders and representatives from 62 countries, private sector organisations and civil society, the Global Vaccine Summit raised an historic $8.8 billion for Gavi, exceeding our fundraising target of $7.4 billion.
Just as the UK is the single biggest donor to the international effort to find a coronavirus vaccine, I am incredibly proud that we are the biggest donor to Gavi, the vaccine alliance. The UK has pledged £1.65 billion over the next five years, which will vaccinate up to 75 million children from infectious diseases, saving almost 2 million lives.
The funding raised from 32 donors also included generous pledges from countries such as Germany, United States, Saudi Arabia, France, Netherlands and Sweden, $1.6 billion from the Bill and Melinda Gates Foundation and $61 million from the private sector.
In a great demonstration of global collaboration, the world has sufficiently invested in Gavi for the next five years. The global vaccine summit is an example of what we can accomplish when we come together.
This support for Gavi will immunise 300 million more children in the world’s poorest countries against diseases like measles, polio and diphtheria by the end of 2025, will save up to 8 million lives and prevent needless child deaths.
People who are vaccinated protect themselves and the rest of the population by lowering the spread and risk of infection. Gavi’s work on routine immunisation is the strongest shield against outbreaks of infectious killer diseases.
It will also help ensure our global recovery from coronavirus. By vaccinating millions of children against other deadly diseases, we are protecting fragile healthcare systems in the world’s poorest countries so they can cope with rising coronavirus cases.
This will ultimately help prevent future waves of infectious diseases spreading around the world, including to the UK.
Vaccines work and this funding matters. Generous support from the British people to Gavi has already helped immunise more than 760 million children in the world’s poorest countries, saving over 13 million lives.
Gavi’s market shaping efforts to make life-saving vaccines more accessible and affordable have seen a 21% price reduction for fully immunising a child with pentavalent, pneumococcal and rotavirus vaccines - from $20.01 in 2015 to $15.90 in 2018. The UK can be proud of the part we’ve played in this price reduction.
The UK has also been a founding donor of the successful advance market commitment which has so far protected the lives of over 700,000 children from deadly pneumonia infections. We welcome Gavi’s leadership and offered our full support to their new coronavirus fund with a $60 million commitment from the UK to help speed up access to a vaccine when it’s ready.
But the Global Vaccine Summit was just the beginning, we can do so much more.
The World Health Organisation estimates that 80 million children under one have had routine immunisation disrupted by the pandemic. The UK’s support to Gavi will make sure that routine immunisation is not interrupted as a result of the coronavirus pandemic, and that everyone has access to lifesaving vaccinations.
Gavi, with UK support, is also addressing the immediate needs triggered by coronavirus, including by providing essential medical supplies and helping to increase testing and surveillance of the disease.
To defeat coronavirus, we must focus our collective ingenuity on the search for a vaccine. And in the future, Gavi will have a crucial role in the delivery of a coronavirus vaccine. It is already working hard with partners to make sure a safe and effective coronavirus vaccine would be affordable and delivered around the world.
No one is safe from coronavirus until we are all safe.
The UK has already committed up to £764 million for the global coronavirus response. Some of the most promising research into vaccines is happening here, supported by our vaccine taskforce. And we are pioneering the innovative collaborations that will be needed to manufacture and distribute a vaccine, once found, like the partnership between AstraZeneca and the University of Oxford.
But this demands a truly global effort.
As the Prime Minister said, the global vaccine summit was a moment when the world came together to unite humanity in the fight against disease.
[HCWS273]
House of Lords
Arrangement of Business
The Lord Speaker (Lord Fowler)
My Lords, welcome to the first ever Hybrid Sitting of the House of Lords. Guidance has been issued by the Procedure Committee, which I trust has been helpful. In the coming days we will also be introducing remote voting, which will ensure that we can adhere to public health guidance and also get on with our role of legislating and holding the Government to account. I hope that this new voting procedure will avoid queues and enable all Members of the House to be able to participate.
There is a limited number of Members here in the Chamber, respecting social distancing, and if the capacity of the Chamber were exceeded, I would be forced immediately to adjourn the House. Other Members will participate remotely, but all Members will be treated equally, wherever they are.
For Members participating remotely, microphones will be unmuted shortly before they are to speak. Please accept any onscreen prompt to unmute. Unmuted Members will be muted again after each speech. I ask noble Lords to be patient if there are any short delays as we switch between physical and remote participation. I should also remind the House that our normal courtesies in debate will very much still apply in this new hybrid way of working.
Royal Assent
Monday 8th June 2020
(3 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text
Covid-19: Planning System
(3 years, 10 months ago)
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Lord Kennedy of Southwark
To ask Her Majesty’s Government what plans they have to make temporary changes to the planning system as a result of the COVID-19 pandemic.
The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)
It is important to keep the planning system moving so that it plays a full part in the coming economic recovery. We have already made significant temporary changes in response to the Covid-19 pandemic —for example, allowing virtual planning committees more flexible working hours on construction sites, alongside giving authorities more flexibility on publicity requirements. We continue to monitor the situation.
Lord Kennedy of Southwark (Lab Co-op) [V]
My Lords, I declare my relevant interest as a vice-president of the Local Government Association. To support the economy and the wider construction sector, the Government should introduce emergency powers to extend planning permissions that are due to expire in the next six months for an additional period of up to one year. This would ensure that projects at risk of losing their permissions can get under way. Does the Minister agree with this approach? If so, how does he intend to take it forward?
Lord Greenhalgh
The noble Lord is absolutely right that construction is an important part of our economic recovery and that the delivery of new homes is vital. The Government have been made aware by both planning authorities and the development industry that delays have been caused by the Covid-19 pandemic. There is a risk of unimplemented planning decisions lapsing and therefore undermining the delivery of projects. We recognise these concerns and are considering whether permissions should be extended.
Baroness Wilcox of Newport (Lab) [V]
I declare my interest as noted in the register. Can the Minister confirm the reports across the weekend media that the Government are intending to take planning decisions away from councils and give them to development corporations? This is extremely concerning after recent developments in Tower Hamlets, which resulted in the developer not having to pay between £30 million and £50 million in the community infrastructure levy?
Lord Greenhalgh
The situation at the moment is that there is a planning commission that has started under my right honourable friend Chris Pincher, the planning Minister. I cannot make any further comments about what the noble Baroness has read in the media.
Baroness Thornhill (LD) [V]
I declare my interest as a vice-president of the Local Government Association. Given that much development is controversial and provokes much local opposition, should the Government not be working more with local authorities to win popular support for major developments and housebuilding, not undermining them by a further removal of planning powers?
Lord Greenhalgh
I am not sure how this relates to the original Question. All the proposals from the Government around making the existing planning system work pragmatically are on a temporary basis. There is certainly no intention to take away planning powers from local authorities within these measures.
Lord Randall of Uxbridge (Con) [V]
Can the Minister confirm that any temporary changes to the planning system will not result in any loosening of environmental policies?
Lord Greenhalgh
I can absolutely make that guarantee. Our temporary changes to the planning system, including the use of virtual planning committees and more flexible publicity arrangements, are all about enabling planning decisions to continue to be able to be made, consistent with social distancing rules. There is absolutely no loosening of environmental standards or protection.
Lord Best (CB) [V]
My Lords, can the Minister confirm that the Government remain committed to Sir Oliver Letwin’s recommendations for enhancing, not diminishing, the role of local authorities in planning by requiring a wider mix of homes for people of different incomes and ages and by capturing the big increases in land values created by the granting of planning consents?
Lord Greenhalgh
I am afraid that I did not capture all of that because of the quality of the transmission, but I can certainly say that we will be taking into consideration Oliver Letwin’s findings in his report.
Lord Liddle (Lab) [V]
Can the Minister give us a timetable for what the Government intend to do, and when, given that there is an urgent need for action in this area?
Lord Greenhalgh
I am afraid that I cannot give the noble Lord a precise timetable, but we are well aware that many of the emergency measures that we need to reboot the economy, including making the requisite planning changes, need to occur before the Summer Recess.
Baroness Thomas of Winchester (LD) [V]
My Lords, what assurance can the Minister give that homes constructed under permitted development rights will be required to meet all the policy standards, including accessibility, set out in local planning policy?
Lord Greenhalgh
Certainly there is no diminution in the standards required for accessibility in these temporary and pragmatic changes as a result of the Covid-19 pandemic.
Baroness Jones of Moulsecoomb (GP) [V]
I declare an interest as a vice-president of the Local Government Association. Some very big planning decisions being taken at the moment are going to impact on the UK for well over 100 years: for example, Sizewell C. The planning application has been extended for two months so that more people can make their views heard. But, quite honestly, would it not be more sensible to defer these very big applications until after the lockdown, so that local people can engage properly?
Lord Greenhalgh
I note the point about the potential deferral of sizeable planning applications, but at the moment we have introduced measures that are pragmatic and temporary to enable a proper continuation of the planning system, even for major decisions.
Lord Lansley (Con) [V]
My Lords, I declare an interest as chair of the Cambridgeshire Development Forum. Can my noble friend assure the House that the Government are following through on their guidance to local authorities by ensuring that they make a swift and positive response to requests from developers to extend construction working hours, so as to facilitate safe working and social distancing?
Lord Greenhalgh
My noble friend raises an incredibly important point. It is important that we recognise that the extension of construction hours, as provided for in the guidance, is there to enable construction to continue within social distancing guidelines. We will continue to ensure that it is enforced through regular engagement with the construction industry and other interested parties.
Baroness Bowles of Berkhamsted (LD) [V]
Lockdown and working from home have shown the importance of personal space and easy access to outdoor space. Will the Government take that forward in planning guidance, especially for flats and accessible homes, while noting that statistically there is less availability of such spaces for black and ethnic minorities?
Lord Greenhalgh
We note the point that the noble Baroness makes about the importance of access to open spaces. I am sure that it will be taken up by my colleague the Housing and Planning Minister in his planning commission.
Baroness Altmann (Con) [V]
I congratulate my noble friend and the Government on their temporary measures to support greener transport options and promote economic recovery. Can he give the House some idea of the Government’s plans to support economic recovery across all our regions, by creating jobs in projects such as onshore wind or community renewable schemes?
Lord Greenhalgh
I thank my noble friend for raising this issue. It is important to recognise that over a period of just two months, £27 billion has been provided in funding for local authorities and local areas—a considerable sum. We will continue to look at all measures required to ensure that we reboot the economy after this wretched pandemic.
The Lord Speaker (Lord Fowler)
My Lords, all supplementary questions have been asked and I congratulate colleagues on that. We now move to the second Oral Question, which is from the noble Lord, Lord Berkeley.
Covid-19: Walking and Cycling
(3 years, 10 months ago)
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Lord Berkeley
To ask Her Majesty’s Government what action they are taking (1) to encourage walking and cycling, and (2) to discourage car use, in cities as the restrictions in place due to the COVID-19 pandemic are lifted.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con) [V]
My Lords, on 9 May the Government announced a £2 billion funding package for cycling and walking. This is the largest ever investment in active travel. It includes £250 million to be spent in the current financial year on measures to get people cycling and walking, such as pop-up bike lanes, wider pavements, safer junctions and cycling and bus-only corridors.
Lord Berkeley (Lab) [V]
My Lords, I am grateful to the Minister for that Answer and I congratulate the Government on their commitment to cycling at this time. It is really good. However, although some local authorities are doing very well, there is a big problem with one in Manchester. The Mayor of Greater Manchester and Chris Boardman are launching 200 kilometres of temporary cycle lanes—tomorrow or this week, I believe—which has one big hole in the middle, because Manchester City Council will not co-operate. Can the Minister please encourage Manchester City Council to take part and work with other local authorities to create this potentially fantastic new facility for cyclists?
Baroness Vere of Norbiton [V]
I thank the noble Lord for his warm words of welcome for this funding, which will make a huge difference to cycling. I take what he has said about Manchester City Council. I am in regular contact with the Mayor of Greater Manchester, Andy Burnham, and I will raise it with him next time we speak, to see whether something can be done. The Greater Manchester Combined Authority has initially been allocated £15.8 million, and it would be good to see that money spent wisely.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, there has been much good work on this issue undertaken in the devolved institutions. The Minister for Infrastructure in Northern Ireland has introduced ground-breaking procedures for the reform of infrastructure in relation to cycling and walking lanes. Will the Minister undertake to have discussions with that local Minister, and other devolved institutions, to ensure that there is joint working in this area to reduce our carbon footprint and improve our health and well-being?
Baroness Vere of Norbiton [V]
It is great to hear about the good work being done in Northern Ireland by the Minister for Infrastructure on cycling. I assure the noble Baroness that the department is in regular contact with Ministers across the devolved nations to share information during the Covid-19 pandemic. My officials in the department’s walking and cycling team regularly meet with colleagues from Scotland, Wales and Northern Ireland to share best practice, as she suggests, and the lessons learned.
Lord Carrington of Fulham (Con) [V]
My Lords, I am sure that we all agree that those who can cycle should, but many people cannot ride bikes. Does my noble friend agree that cycle lanes are a good thing, but not if they hold up buses, increase pollution by causing traffic jams and displacing traffic to side roads, and, often, require the felling of trees in our cities? Does she further agree that it is not just the safety of cyclists which has to be considered but the safety and transport requirements of those who cannot cycle?
Baroness Vere of Norbiton [V]
I reassure my noble friend that well-designed cycle lanes do not increase congestion. Local authorities are required to follow technical guidance on cycling infrastructure design as well as road space allocation guidance, which ensures that the views of local cyclists and drivers are taken into account.
Baroness Boycott (CB) [V]
My Lords, I too welcome the Government’s initiative to encourage us to cycle—it is so important for health and for the environment—but a lot of cycling accidents happen because of speed. Will the Government consider making it mandatory for all urban areas to have a 20 mph speed limit, as many parts of England and some London boroughs already do?
Baroness Vere of Norbiton [V]
My Lords, local authorities already have the power to set 20 mph speed limits on their roads. The department has published guidance designed to make sure that speed limits are appropriately and consistently set. We do not support a blanket introduction of 20 mph speed limits, because they may not be appropriate in certain circumstances or for all roads and in all cities.
Lord Haskel (Lab) [V]
My Lords, cyclists prefer to use minor roads and leave main roads to motor traffic, but they are often discouraged to find that the surfaces on such side roads are broken and uneven through neglect. To overcome this, will the Government encourage local authorities to use the active travel fund to make sure that designated cycle routes and low-traffic areas have good road surfaces? Then, they would be used more.
Baroness Vere of Norbiton [V]
The noble Lord makes an important point about road surfaces, which are important for cycling and other sorts of transport. That is why during the Covid pandemic the Department for Transport has made a great effort to invest in local infrastructure. Indeed, we have managed to put out £1.7 billion to local authorities so that they can invest in their roads and make sure that they are suitable for cycling.
Baroness Randerson (LD) [V]
Lateness and unreliability discourage people from taking the bus, and cycle paths that force cyclists out into heavy traffic discourage people from cycling. An easy measure the Government could take to encourage bus and cycle use would be to implement fully Part 6 of the Traffic Management Act 2004, which strengthens the powers that local authorities have to deal with traffic offences. Do the Government intend to do this and, if not, why not?
Baroness Vere of Norbiton [V]
Local authorities already have a number of responsibilities, one of which is ensuring the expeditious movement of traffic, including cyclists and pedestrians, on highways. There is a range of things that they can do to make this happen. The commencement of Part 6 is one of the things we are looking at; we are looking at the evidence and weighing up whether or not it is appropriate to commence it at this time.
Baroness Verma (Con) [V]
My Lords, local businesses in my city of Leicester are desperately trying to revive their lost incomes as lockdown is loosened, but will my noble friend instruct local councils to consult and work with businesses and local communities before they keep creating pop-up cycle and pedestrian lanes that take away parking spaces outside small businesses?
Baroness Vere of Norbiton [V]
The new statutory road space reallocation guidance issued recently by the Department for Transport makes it absolutely clear that local authorities must consider people for whom it is important to be able to use the roads. That includes blue badge holders, those who must make deliveries, and other essential services. I reassure my noble friend that there is much evidence to suggest that improving pedestrianisation outside shops increases footfall in them, which I think is beneficial.
Baroness Finlay of Llandaff (CB) [V]
As GPs are encouraged to recommend cycling to achieve a wide range of health benefits, including decreasing obesity, have the Government set targets for traffic-free safe cycling for those who may be quite wobbly when they start and the wearing of cycling helmets to avoid a spate of injuries that require hospital treatment?
Baroness Vere of Norbiton [V]
There are all sorts of things that we can do to make cycling a better experience for all, particularly those who are starting out on their cycling journey. They include actions by local authorities to make some streets cycling- and pedestrian-only. Work can also be done on improving cycling safety.
Lord Rosser (Lab) [V]
Government figures indicate that, nationally, increases in cycling and walking in the light of Covid-19 will result in fewer journeys by public transport and not fewer journeys by car, which people now regard as a safer means of transport. What do the Government intend to do to promote cycling and walking as an alternative to the car, rather than it being an alternative to public transport, as is happening now?
Baroness Vere of Norbiton [V]
This comes down to the actions that can be taken by local authorities. We have provided the guidance that they need to follow. What they put in place within their own areas will be key to reducing localised congestion. That might include speed restrictions, as previously mentioned; traffic light cycles can be changed; there can be car-limited areas; and there could be changes to parking charges.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has now elapsed. We move to the third Oral Question, in the name of the noble Baroness, Lady Andrews.
Covid-19: Pre-school Sector
(3 years, 10 months ago)
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Baroness Andrews
To ask Her Majesty’s Government what assessment they have made of the impact of the COVID-19 pandemic on the sustainability of the pre-school sector; and what steps they are planning to take to support that sector.
The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)
My Lords, the pre-school sector plays a vital role in educating our youngest children. As with all parts of society, the pandemic has greatly affected the sector, limiting the number of children able to attend. Since 1 June, we have asked the sector to welcome back all children. We are working with local authorities and the sector to monitor the impact of the pandemic. Government will continue to provide funding, guidance and support for the sector.
Baroness Andrews (Lab) [V]
My Lords, I am grateful to the Minister for that Answer, but she is surely aware that the sector feels that it has been appallingly let down financially by the Government in terms of the furlough arrangements and much else, so much so that a quarter of providers may not be operating in a year’s time and many more will operate at a loss in the next six months. Will she and her ministerial colleagues meet the Early Years Alliance specifically to discuss the need for transitional funding to ensure that the childcare sector survives the pandemic period at least?
Baroness Berridge
My Lords, the Minister for this area has been in close contact with the Early Years Alliance and other sector groups in relation to the support available. We plan to pay the early years entitlements regardless of the uptake of that, which is worth £3.6 billion this year, and have issued specific guidance on how the sector can access the job retention scheme and business interruption loans.
Baroness Blower (Lab) [V]
My Lords, I refer to my interests in the register. A large amount of private provision has indeed closed during the pandemic. Maintained nursery schools have taken in additional children and become hubs for vulnerable children and the children of key workers. The 2019 supplementary funding of £60 million was welcome, but it leaves maintained nursery schools with real-terms cash equivalent only to that of 2015. What steps are the Government taking to ensure that maintained nursery schools are adequately funded both now and in future?
Baroness Berridge
My Lords, the Government recognise the commitment of the 391 remaining maintained nursery schools, which often operate in areas of disadvantage. The noble Baroness is right that £60 million of funding is still received by that sector regardless of the uptake. In addition to that, there is a £300 per child per year early years pupil premium. We remain committed to the maintained nursery sector.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, given the reduced risk of coronavirus transmission and the health and well-being benefits of outdoor education—everything from understanding of risk to resilience—will the Government encourage and support preschool education to shift towards outdoor models, either partially or fully? Given that lots of parents might struggle to afford the appropriate clothing, will the Government assist in ensuring that it is available?
Baroness Berridge
My Lords, the Government’s guidance on the reopening of schools specifically refers to the fact that using outdoor space, where possible and depending on the weather, is to be encouraged. We leave equipping children for the proper use of outdoor space to schools.
Lord Polak (Con) [V]
My Lords, one of my granddaughters, Carla, attended her nursery, Little Bicks in Mill Hill, this morning for the first time in three months. I pay tribute to the staff and management who have provided online activities throughout—my thanks especially for the very enjoyable weekly Zoom singalong with grandparents. Like so many, these important businesses have it very tough. Can my noble friend confirm that private childcare settings are eligible for a business rate holiday of one year, giving them much-needed support at this time?
Baroness Berridge
My Lords, I can confirm that if you are an early years foundation stage provider registered with Ofsted and qualify for the small business rate relief or, in appropriate circumstances, the rural rate relief, that enables you to access the £10,000 small business grant. Since last month we have been obtaining up-to-date statistics from local authorities to make sure that we have appropriate information about the resilience of this sector.
Baroness Garden of Frognal (LD)
My Lords, there are disturbing reports of vulnerable small children going missing or being open to abuse during lockdown. Many nurseries and childminders, who are already low paid, as we have heard, will have had to close. What importance do the Government attach to ensuring that there are places of safety for vulnerable preschool children in these times of pandemic?
Baroness Berridge
I am grateful to the noble Baroness for her question. Throughout this period, these settings have been open for vulnerable children. The presumption has been that, subject to health risks, those who have been in contact with a social worker should be attending. We have also started, as of last month, the “See, Hear, Respond” service with a £7 million grant to a coalition of charities for vulnerable children, led by Barnardo’s. We are particularly concerned about the safeguarding issues for young children that have arisen as a result of lockdown.
Baroness Rawlings (Con) [V]
My Lords, the preschool sector is important. Will the Government therefore continue with test, track and—just as vital—treat? Why has “treat” been dropped for “isolate”?
Baroness Berridge
My Lords, in relation to “test, track and trace” in this sector, all staff, children and their households are entitled to a test if they exhibit symptoms. As of the end of last month, that includes those aged under five. We realise that this is an essential part of being able to safely reopen schools.
Baroness Prashar (CB) [V]
Does the Minister agree that as crucial as supporting the preschool sector at this stage is investment in under-fives provision, as severe lifelong impacts can result from deprivation of care, stimulation and learning? Evidence shows that the literacy skills gap starts at the age of five. This deficit takes years to recover from and impacts on social mobility.
Baroness Berridge
The noble Baroness is correct that it is vital we ensure that disadvantaged children get the best start at this stage in early years so that they can fully access the curriculum when they enter mainstream school. We have invested £60 million over the last two years in specific initiatives to help the language and literacy development of young children, exemplified by the department’s Hungry Little Minds campaign, which saw over 180,000 new users at the start of lockdown.
Lord Watson of Invergowrie (Lab) [V]
My Lords, the Minister will be aware of reports last week of a survey carried out with the National Day Nurseries Association showing the stark reality of how Covid-19 will continue to impact on nurseries across England, even as they start to open their doors to more children. Three-quarters of nurseries have said that they expect to operate at a loss over the next three months. Without significant financial support, many will be unable to survive. Faced with the reality that millions of childcare places could be lost in this crisis, the National Day Nurseries Association has called on the Government to act now by introducing a recovery and transformation fund to help providers survive in this extremely challenging period. Labour supports that call. Does the Minister?
Baroness Berridge
My Lords, as I have outlined, the £3 billion of planned entitlements will be paid this year. The sector has been able to access a number of the schemes outlined by the Chancellor to support small businesses, which is what this sector mainly comprises. We continue to monitor the sustainability of the sector on the basis of data from local authorities.
Lord Storey (LD) [V]
I hear what the Minister says about the support given to the childcare sector, but, following on from the points of the noble Lord, Lord Watson, research has shown that up to 10,000 childcare providers will have folded or gone out of business by the time this pandemic is over. What plans do the Government have to ensure that that provision is not completely lost?
Baroness Berridge
My Lords, 35% of providers were open just before the half-term holiday. As I say, we are monitoring the sector and have provided the entitlements that I have outlined. We will work with sector groups to ensure the sustainability of the sector, which we know is vital for childhood development and for parents who need to work.
Baroness Bull (CB)
My Lords, research shows that high-quality birth-to-age-five programmes for disadvantaged children yield a 13% return on investment per child per annum, through better education, economic, health and social outcomes. Does the Minister agree that investing in early childhood education is a cost-effective strategy for promoting economic growth? If so, will she press this point with Treasury colleagues?
Baroness Berridge
My Lords, I agree with the noble Baroness that this is a great investment. At the end of last year, we announced an increase in the hourly rate that the sector receives. I am pleased to say that 96% of these providers are “good” and “outstanding”, up from 74% a few years ago, and that the quality of provision in areas of disadvantage is improving.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed.
Press Freedom
(3 years, 10 months ago)
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Lord Black of Brentwood
To ask Her Majesty’s Government what action they are taking to promote press freedom and the safety of journalists globally.
Lord Black of Brentwood (Con) [V]
My Lords, I beg leave to ask the Question standing in my name on the Order Paper, declaring my interest as deputy chair of the Telegraph Media Group and my other interests listed in the register.
The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con)
My Lords, media freedom is vital to open societies. Journalists must be able to investigate and report without undue interference. The United Kingdom has taken a number of steps to promote press freedom and the safety of journalists globally. We are monitoring individual cases of concern around the world and working with international partners on how best to support media freedom despite the challenges and restrictions of Covid-19.
Lord Black of Brentwood [V]
My Lords, I thank my noble friend for that Answer, but across the world—from Mexico to Hungary to Beijing—attacks on journalists and publishers are reaching unprecedented levels. In many cases these are inspired by the disgraceful actions of the White House, which have led to attacks on journalists in the US. Some 64 other countries, according to Reporters Without Borders, are using Covid-19 to chill free speech and bully journalists, often using criminal sanctions. Does my noble friend agree that it is now urgent that there is co-ordinated international action to ensure that journalists have proper legal protection, including an end to impunity, and for the Media Freedom Coalition, which the UK Government helped to establish and now seems to be missing in action, to act forcefully and without delay, including with the publication of a national action plan?
Lord Ahmad of Wimbledon
My Lords, while paying tribute to my noble friend’s work on the Media Freedom Coalition, I do not agree with the premise that it is missing in action. It has been quite active; indeed, my right honourable friend the Foreign Secretary had discussions on world media freedom on 3 May with German, French and Dutch counterparts. We continue to work very closely with our key partner, Canada, on that initiative. My noble friend will also be aware of the vital work of the independent High-level Panel of Legal Experts on Media Freedom, which is convened by special envoy Amal Clooney and the noble and learned Lord, Lord Neuberger. They are doing very important work and produced a first report on this issue on 13 February.
Baroness Stroud (Con) [V]
My Lords, the Courage in Journalism award is awarded each year to a journalist who has died getting important stories out of dangerous places. Outside of a war zone, Mexico is the most dangerous place in the world to be a journalist. Since 2000, 150 journalists in Mexico have been murdered and many more have simply disappeared, assumed dead. What action are Her Majesty’s Government taking to bring pressure to bear to increase protection from violence for journalists in countries such as Mexico?
Lord Ahmad of Wimbledon
My noble friend raises an important point about the protection of journalists. She will be aware of UNESCO’s annual reporting. In 2019, 57 journalists and media workers were killed, and while this is a decline on previous year, it is 57 too many. She raises the important issue of ensuring that we raise media freedom and the protection of journalists in particular, and I assure her that we do this in all our interactions and that it remains a key priority for the Foreign and Commonwealth Office.
The Earl of Sandwich (CB) [V]
My Lords, would the Minister agree that the recent arrest in Egypt of prominent author Ahdaf Soueif, the imprisonment of members of her family, and the continued detention of poet Galal El-Behairy and many others are events of international concern? Will the FCO draw more attention to these human rights violations and the poor treatment of writers, editors and journalists in and outside Egyptian prisons?
Lord Ahmad of Wimbledon
My Lords, the noble Earl raises an important issue. I assure all noble Lords that we raise the importance of media freedom in all our interactions with Egypt. I recall my last visit to Egypt in my capacity as Human Rights Minister, and that was high up the agenda. Most recently, my right honourable friend the Minister for the Middle East raised it in ministerial dialogue in March, including the specific cases the noble Earl highlighted.
Baroness Goudie (Lab) [V]
My Lords, we are used to autocracies suppressing freedom of expression, and we expect democracies to support freedom of expression. It is a matter of great sadness when a country with a great democratic tradition and a great history of freedom of the press such as the United States goes the way of autocracies and physically attacks journalists who are doing their job.
Lord Ahmad of Wimbledon
My Lords, I assure the noble Baroness that we raise this issue of media freedom in bilateral conversations as well as through multilateral fora, and we will continue to do so. If you are a democracy, of course, the responsibility becomes ever greater. The freedom of the press and protection of the media is a fundamental pillar of good governance and democracy.
Baroness Northover (LD) [V]
When did the Government last raise the harassment of BBC Persian staff with Iran or on the international stage?
Lord Ahmad of Wimbledon
My Lords, I assure the noble Baroness that this is very high on our agenda in our direct bilateral conversations with Iran, and we have also had that discussion at various levels within the Human Rights Council. Iran is very much a state that suppresses media freedom and indeed other human rights, and it continues to be a country of concern in the human rights report that we issue every year.
Lord Howell of Guildford (Con) [V]
My Lords, will my noble friend acknowledge the excellent work of the Commonwealth Journalists Association in this field? I acknowledge my interest as president of the Royal Commonwealth Society. He will be well aware that some of the most dreadful attacks on journalists, and indeed murders, have occurred in Commonwealth countries. As we are now, I presume, still in the chair of the Commonwealth, will my noble friend undertake with his colleagues to put maximum pressure on Commonwealth organisations and the Commonwealth Secretariat to encourage and support the work of the Commonwealth Journalists Association?
Lord Ahmad of Wimbledon
My Lords, I assure my noble friend that we will continue in our capacity as chair in office until and when the Kigali CHOGM takes place, and that has been confirmed. On the importance of Commonwealth countries standing up for press and media freedom, I agree with him and assure him that, both within the context of the Commonwealth and in our bilateral exchanges with Commonwealth countries, media freedom is very much a key issue.
Baroness Coussins (CB) [V]
My Lords, is the Minister aware of recent reports from Colombia that the army has been illegally compiling secret files on journalists, containing personal information on their contacts, homes, families and other private information? This undermines the peace process and I hope that the Minister will condemn it. Will he also tell the House what progress has been made since January this year, when, in the context of another question on journalists’ safety, I asked him whether equivalent protection could be negotiated for interpreters who work with journalists, especially in conflict zones? He said then that discussions were taking place on the proposal for a Security Council resolution, and I would be grateful if he could update the House.
Lord Ahmad of Wimbledon
My Lords, on the noble Baroness’s second question, obviously, given the focus on Covid-19, we have not been able to make progress on that Security Council resolution to the extent that I would have liked, as Minister for the UN. However, I assure her that our work in this respect will continue, and I will shortly have a discussion with our acting representative in New York on how we can make further progress. I will write to her regarding the question she raised concerning Colombia.
Lord Collins of Highbury (Lab) [V]
My Lords, UNESCO and the Netherlands have set a new date in October for hosting the World Press Freedom Conference. Will the UK participate with a high-level delegation, and what consideration has been given to the International Federation of Journalists’ draft UN convention on the safety and independence of journalists and other media professionals?
Lord Ahmad of Wimbledon
My Lords, I can confirm that we will look to participate in the next media freedom confidence—with Canada and other key partners—and to have high-level representation in that respect. On the resolution that has been passed, we certainly look to that and indeed other representations we receive on strengthening collaboration and collective action in order to protect journalists and ensure media freedom around the world.
Baroness Bonham-Carter of Yarnbury (LD) [V]
I know that the Minister agrees that the ability of journalists to do their job unhindered by threats of or the actual experience of violence is a vital part of our democracy. The UK embassy in Washington has raised concerns about the conduct of US police officers. Is there not a greater concern: the conduct of a US President who describes journalists as enemies of the people? Does the Minister agree that those in positions of power should support journalists, not undermine them?
Lord Ahmad of Wimbledon
My Lords, I cannot speak for the US Administration or the US President; however, I can speak for Her Majesty’s Government. Our support for the global media coalition and the work we are doing in this respect, as a key priority within a human rights context, underlines our commitment. On the noble Baroness’s latter remarks, of course I agree with her. As a democracy, we are proud of our support for journalists and media freedom, and that will continue to be the case under the current Government.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed; I thank all noble Lords. That concludes the first ever Oral Questions Hybrid Sitting.
Arrangement of Business
The Deputy Speaker (Lord Bates) (Con)
My Lords, a limited number of Members are here in the Chamber, respecting social distancing. If the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally, wherever they are. Microphones of Members participating remotely will unmute shortly before they are to speak—please accept any on-screen prompt to unmute—and muted after each speech. I ask noble Lords to be patient if there are any short delays as we switch from physical to remote participants. I remind the House that our normal courtesies in debate still very much apply in this new, hybrid way of working.
The Private Notice Question will now commence. Please ensure that questions and answers are short.
Black Lives Matter
(3 years, 10 months ago)
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Lord Collins of Highbury
To ask Her Majesty’s Government what representations they have made to the government of the USA regarding their response to the ongoing protests in support of the Black Lives Matter movement, following the death of George Floyd, and what are they doing to address racism, discrimination and injustice experienced by those here in the UK.
The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office and Department for International Development (Baroness Sugg) (Con) [V]
My Lords, as one of America’s closest allies, we join the American people in their grief. We condemn George Floyd’s death and trust that justice will be done. The violence we have seen is very alarming; the right to peaceful protest is an essential part of any free society. The protests are a reminder that, despite decades of progress, we must listen and learn from communities that face discrimination and work together to put an end to such injustices.
Lord Collins of Highbury (Lab) [V]
I thank the Minister and agree with her that, irrespective of the actions of a small minority, we must defend the fundamental democratic right of peaceful protest. George Floyd’s murder has rightly triggered international condemnation. The voices we have seen on the streets in the US, here and globally need to be not only heard but acted upon. For too many people, racism and discrimination are an everyday experience in work, health and public life. What is the United Kingdom doing to ensure that the call of the United Nations Human Rights Council on systematic racism is acted upon not only by the US but by all nations, including us?
Baroness Sugg [V]
My Lords, I agree that there is injustice that needs to be tackled. We are tolerant and open, but more can always be done to help people realise their potential. There is a lot to what the marchers are saying; action is needed across the board as part of the levelling-up agenda. That starts with education and job opportunities, but there are also health disparities that need to be addressed, as Covid has shown.
Lord Robathan (Con) [V]
My Lords, the appalling death of George Floyd in Minneapolis, at the hands of a policeman who has now been charged with murder, cannot be used as an excuse for illegal and violent behaviour here in the UK. Nor can understandable strong feelings about racism and discrimination in America—or indeed in Asia, Africa, Europe and the UK—be any excuse. Will my noble friend the Minister ensure that the small number of anarchists and irresponsible yobs who attacked and injured brave and blameless police officers doing their duty in London, painted graffiti on Churchill’s statue and others or committed other illegal acts in Bristol or elsewhere are identified and prosecuted?
Baroness Sugg [V]
My Lords, the Government fully support peaceful protest. As I said, it is a vital part of our democratic society, but violence and criminal behaviour are never acceptable—particularly against the police, who are working in very difficult circumstances. I recognise the strength of feeling, but protests should be peaceful so as not to undermine the cause the protesters are marching for. It is absolutely essential that those who perpetrate criminal acts face justice.
Baroness Lawrence of Clarendon (Lab) [V]
My Lords, I thank my noble friend Lord Collins for bringing this important PNQ. No one needs to tell me that black lives matter. This is an everyday occurrence and part of our lives. What will Her Majesty’s Government do to make sure that “black lives matter” is in policies in the UK?
Baroness Sugg [V]
My Lords, I thank the noble Baroness for her question and pay tribute to her work. She has been a passionate and effective campaigner for a fairer society for all. The work of the Stephen Lawrence Charitable Trust has benefited many young people from disadvantaged backgrounds. I agree with her that across all our policy we must make sure we reflect that black lives matter. We are absolutely committed to tackling racism and levelling up. That means unleashing potential and creating opportunity for all. We have set up the Government’s Race Disparity Unit, a world first, for publishing data on ethnicity. It is working across Whitehall and with local authorities to ensure that all our interventions are properly considered and that “black lives matter” is in everything we do.
Baroness Benjamin (LD) [V]
My Lords, 50 years ago I was stopped in my car and aggressively questioned by the police. My three brothers have all been stopped and searched aggressively. Twenty years ago my 16 year-old nephew was stopped and brutally beaten up in the back of a police van, then falsely charged. Shockingly, in 2020 during lockdown we saw excessive force used when a black man was tasered in front of his toddler. Today’s protests have shown that we are at a tipping point. What action do the Government plan, especially through education, to reassure the black community, including children, that their lives matter?
Baroness Sugg [V]
I thank the noble Baroness for her question and pay tribute to all the work she has done on supporting the Windrush generation. The Government are clear that no one should be stopped and searched based on their race or ethnicity. We are working with the College of Policing to update guidance on community engagement and scrutiny over the use of stop and search powers and are ensuring that the law requires detailed records and scrutiny.
Lord Lucas (Con) [V]
My Lords, people like me like to comfort themselves that we are doing a great deal better than we used to and that we do not see much discrimination now. When we took the trouble to ask the staff in this House whether they were suffering harassment or bullying, we were all shocked to find out what was really going on. Might we not do the same thing with people at large and take advantage of the 2021 census to gather some information on what people experience in this country, and perhaps shock ourselves into taking proper action?
Baroness Sugg [V]
I thank my noble friend for that question. I agree with him; he is absolutely right that we need to understand what these issues are, so that we are able to act on them accordingly. I will take back his suggestion on the census to the relevant department.
Lord Boateng (Lab) [V]
My Lords, systemic racism is a fact of life in the US, the UK and the world over. Combating it requires not just words but concrete actions. In seeking re-election to the UN Human Rights Council this year, will the UK support an investigation by the special rapporteur into systemic racism and deaths in police custody, with recommendations for action and the promotion of best practice? If not, why not?
Baroness Sugg [V]
My Lords, I apologise but I do not have that information, so I will have to come back to the noble Lord in writing.
Baroness Hussein-Ece (LD) [V]
My Lords, the brutal killing of George Floyd resonated with millions in the UK and around the world. Do the Government understand that black, Asian and minority-ethnic people dying disproportionately during the Covid pandemic has laid bare the gross inequalities that exist in this country? Does the Minister agree that we need a clear, strong, consistent message, and leadership from this Government, that recognises that racism exists? It is no use pretending it does not exist—it does. What action will they take to eradicate racism and build a fair, equal, democratic society, where everyone is valued?
Baroness Sugg [V]
My Lords, we want to build a fully democratic society where everybody is properly valued. The noble Baroness refers to Covid-19, and we fully recognise that some people have been disproportionately impacted by the virus. We have committed Public Health England to examine those disparities and we have appointed our Equalities Minister, Kemi Badenoch, to take forward the findings of the review, so that we can better understand the key drivers and shape our response to the virus.
Baroness Kidron (CB) [V]
My Lords, like thousands of others, this weekend, I joined an online protest organised by Black Lives Matter. I was struck by the youth of the speakers who eloquently articulated very practical demands about our education system, the job market, housing, health, political representation and, above all, the justice system. These young people are yet again having to protest the indignities and injustices suffered by their parents and grandparents that remain unaddressed, which represents an abject failure for the rest of us. What plans do the Government have to engage with BAME leaders and their allies to take action to implement the radical, practical and urgent change that they demand, and, in doing so, put a chasm between the UK response and the wholly divisive response of the US President?
Baroness Sugg [V]
I agree with the noble Baroness that we must take action across the board: on education, as she mentioned, on employment and work, and in particular on crime and justice. We welcomed David Lammy’s 2017 review, which shone an essential light on the disparity in the treatment of, and outcomes for, ethnic-minority individuals, and that remains a priority. In February 2020, we published an update on our broad programme to address race inequalities. I also agree it is important that we have conversations with those affected. Minister Alex Chalk will meet stakeholders during the next Lammy round table in the coming weeks.
Baroness Jones of Moulsecoomb (GP) [V]
My Lords, I was going to ask a question about deaths in custody, but as the Minister is from the Foreign and Commonwealth Office, I shall instead suggest that the UK should immediately suspend exports of riot gear, tear gas, rubber bullets and small arms to the United States. Will the Minister take that suggestion back to her department?
Baroness Sugg [V]
I thank the noble Baroness for that question. We have a ministerial board on deaths in custody to ensure that we are driving forward the recommendations of Dame Elish Angiolini. On exports to the US, the UK has issued licences that permit the export of crowd control equipment to the US, but we continue to monitor closely developments there, and we consider all export applications within a strict risk assessment framework. We keep all licences under careful and continual review.
Lord Davies of Gower (Con) [V]
My Lords, the British response following the death of George Floyd in America has rightly been to condemn the excessive use of force which led to his tragic death. In reflecting on this dreadful occurrence, does my noble friend the Minister agree that British policing represents everything that is great about our law enforcement, particularly with regard to policing communities? Does she agree that representations should be made to America that policing by consent is, by far, the preferred method of delivery, as opposed to policing by force?
Baroness Sugg [V]
I agree with my noble friend. As he says, we police by consent in this country. Our world -class police officers continue to put their own lives on the line to protect the public during the protests, despite coming under attack. We ask our police officers to do the most difficult of jobs, and they are respected around the world for the excellent work they do.
Baroness Crawley (Lab) [V]
My Lords, following last week’s PHE report, are the Government now in a position to say how successful NHS trusts have been in risk-assessing and reassigning those staff most at risk, given that, in many hospitals, front-line NHS staff are predominantly black, Asian and minority ethnic? I understand that the noble Baroness is from the Foreign Office, so I will be happy with a written answer.
Baroness Sugg [V]
My Lords, all NHS organisations will continue to make appropriate arrangements to support their black, Asian and minority-ethnic staff. On 28 May, NHS Employers published guidance for employers on risk assessment, advising them to consider issues such as ethnicity. The PHE Covid-19 report on disparity is the first step—it is certainly not the end; there is lots more work to do.
Baroness Falkner of Margravine (Non-Afl) [V]
My Lords, I accept what the Minister says about the strength of feeling in this country and what the Government are trying to do, but will she accept the premise of the original Question and tell us whether they have made representations to the American Government? Has the US ambassador been called in? Has any member of the Government spoken out clearly, palpably addressing non-white people—BAME people—in this country, to say how we feel their hurt?
Baroness Sugg [V]
I thank the noble Baroness for that question. At senior levels, our embassy in Washington has raised concerns with the State Department. We have also seen statements from the US ambassador here in the UK. The Prime Minister and the Foreign Secretary, both in the other place and via the media, have been very clear in their stance on this issue.
The Deputy Speaker (Lord Bates) (Con)
My Lords, as there are no more supplementary questions, the House will now adjourn until a convenient point after 4 pm, for the Motion in the name of the noble Lord, Lord Goldsmith of Richmond Park.
Arrangement of Business
The Deputy Speaker (Lord Bates) (Con)
My Lords, a limited number of Members are here in the Chamber, respecting social distancing, and if the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally wherever they are. For Members participating remotely, microphones will unmute shortly before they are to speak—please accept any on-screen prompt to unmute—and will be muted after each speech. I ask noble Lords to be patient if there are short delays as we switch between physical and remote participants. I should remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.
We now come to the Motion in the name of the noble Lord, Lord Goldsmith of Richmond Park. The time limit is one and a half hours.
Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020
(3 years, 10 months ago)
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Lord Goldsmith of Richmond Park
That the draft Regulations laid before the House on 28 April be approved.
The Minister of State, Department for the Environment, Food and Rural Affairs, Foreign and Commonwealth Office and Department for International Development (Lord Goldsmith of Richmond Park) (Con) [V]
My Lords, the instrument before you is a simple amendment to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 to remove their sunsetting provision. This would allow the 2013 regulations to continue in force and be available as part of the regulatory framework of the water industry. Without this SI, the 2013 regulations would expire on 27 June 2020. As such, before I talk a little further about the Government’s reasons for bringing forward this amending SI, I will outline the purpose of the 2013 regulations.
As noble Lords will know, water and sewerage services in England are provided by companies also known as undertakers. The 2013 regulations were designed to help contain and minimise the risks associated with large or complex water or sewerage infrastructure projects, therefore helping to protect undertakers, their customers and UK taxpayers. Containing and minimising risks is likely to reduce the overall cost of borrowing for a given water undertaker and so ensure better value for money for that undertaker’s customers. It also makes sure that delivery of such infrastructure projects will not adversely impact on the existing water or sewerage services provided by undertakers.
The 2013 regulations enable the Secretary of State or Ofwat to specify by notice an infrastructure project where either is satisfied that two conditions have been met: first, that the infrastructure project is of a size or complexity that threatens an undertaker’s ability to provide services to its customers; and secondly, that specifying the project would likely result in better value for money than if the project was not so specified, taking into account charges to customers and any government financial assistance.
Once specified, an undertaker is required to put the infrastructure project out to tender and a separate Ofwat-regulated infrastructure provider is then designated to finance and deliver the project. Such infrastructure projects raise many complex issues, particularly around determining the cost of their financing, coupled with a construction risk that is far greater than that normally associated with an undertaker’s typical capital investment. Requiring an undertaker to tender competitively for an infrastructure provider for a large or complex project provides an objective means of testing whether the financing costs of such a project are appropriate and reasonable. Without that tendering process, competitively determining the cost of capital for this type of infrastructure project would not be possible. The ability to create Ofwat-regulated infrastructure providers also helps to ringfence their associated higher risks and should result in more effective risk management for these projects. Creating designated infrastructure providers in this way ensures that a large or complex infrastructure project will not affect the ability of an undertaker to provide its day-to-day services for customers and avoids any resultant extra costs that would ultimately be borne by those customers.
The amending SI was laid in Parliament following a post-implementation review of the 2013 regulations carried out in 2018. Eight key stakeholders were consulted, five of which—Ofwat, Thames Water, Bazalgette Tunnel Ltd, Bazalgette Tunnel Ltd investors and the Consumer Council for Water—submitted responses. The review found that the 2013 regulations had successfully fulfilled their policy objectives. Accordingly, the review recommended that the 2013 regulations’ sunsetting provision be removed.
In March 2020 we undertook a further, targeted consultation on our proposal to remove the sunsetting provision. Views were sought from Ofwat, Water UK, Thames Water, Bazalgette Tunnel Ltd, the Environment Agency, the Drinking Water Inspectorate and the Consumer Council for Water. Water companies were consulted via Water UK, and Bazalgette Tunnel Ltd was given the option to consult its investors. Four written responses were received from Ofwat, the Environment Agency, Thames Water and Affinity Water. All indicated that they were in favour of the amendment.
Currently the only project regulated under the 2013 regulations is the Thames tideway tunnel. However, Ofwat has identified four large or complex water infrastructure projects currently in development that may benefit from being specified in accordance with the 2013 regulations over the next 10 years. These are the south-east strategic reservoir at Abingdon, a joint project proposed by Thames Water and Affinity Water; the London effluent reuse scheme, a project proposed by Thames Water; south Lincolnshire reservoir, a joint project proposed by Anglian Water and Affinity Water; and the River Severn to River Thames transfer, a joint project proposed by Thames Water, Severn Trent Water and United Utilities. A decision would be made on a case-by-case basis at an appropriate time when schemes are brought forward as to whether the infrastructure projects could come within scope of the 2013 regulations.
The Government are committed to improving water supply resilience, as set out in our strategic policy statement to Ofwat and our 25-year environment plan. This ambition is made more challenging because of a growing population, increased water demand from agriculture and industry, and climate change. We also want to ensure that there is sufficient water left for the natural environment. Without any action, many areas of England will face water shortages by 2050.
The starting point for action is to reduce water use by reducing leakage from the water distribution networks and reducing our personal consumption. However, even if leaks and personal consumption are reduced, we will continue to need new water resource infrastructure. In our Water Conservation Report, published in December 2018, we set out our progress to promote water conservation from 2015 onwards. We endorsed the industry’s existing commitment to a 50% reduction in leakage by 2050 and announced a consultation to enable us to set an ambitious target for personal water consumption. We consulted on measures to reduce personal water consumption, including supporting measures on amending building regulations, water efficiency labelling and smart metering. Most of these measures can be taken forward without the need for new primary legislation. We will publish a government position in late 2020. As I have said, alongside reducing leakage and reducing personal water consumption, new water resources infrastructure, including reservoirs and water transfers, is needed to provide a secure supply of water for future generations. In the current price review period, Ofwat has made £469 million available to nine water companies, to investigate and develop integrated strategic regional water resource solutions in order to be construction-ready by 2025. This work will be supported by the Environment Agency’s national framework for water resources, which was published in March 2020.
In summary, the instrument before noble Lords enables the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 to continue in force so that they can continue to be used in the future delivery of large or complex water or sewerage infrastructure projects. Such projects play an essential role in strengthening the future resilience of water resources in England. Retaining the 2013 regulations will help to reduce the associated financial risks of such projects and ensure that water undertakers can continue to deliver their existing water or sewerage services to customers and provide greater value for money. I beg to move.
Lord Adonis (Lab)
My Lords, this is my first opportunity in the House to congratulate the Minister on his appointment and I do so very warmly. I welcome these regulations, but I will ask two questions and raise one wider concern about them. First, as the Minister said, the Thames tideway tunnel—which predates these regulations—is the model on which the new system is based. Will the Minister update the House on what is happening with the tunnel? The record of the structuring and letting of the contract for it was a success. It got a lower cost of capital because it was a self-contained project with the risks clearly enumerated, separating it from Thames Water.
My second question is about the Abingdon reservoir, to which the Minister referred. As noble Lords will be aware, this not only is the first reservoir that has been proposed in the last generation but has a long history of great controversy. In particular, when it was last proposed 20 years ago, Ofwat essentially—if I can mix my metaphors—pulled the plug on it by ruling that it did not meet its own planning requirements for water supply. All the work that had gone in to preparing the case for the reservoir therefore came to nought. What is Ofwat’s attitude to the new proposal for the Abingdon reservoir? Is it likely to go ahead?
Speaking as a former chairman of the National Infrastructure Commission, which did a lot of work on water resilience, I have one broader comment to make. The Minister did not refer to the commission’s 2018 report, Preparing for a Drier Future, which set out the background to these wider plans. It called on the Government to put in place additional supply and demand reduction measures, equivalent to at least 4,000 million litres a day, and to have plans in place by the end of 2019—last year—for at least 1,300 million litres a day provided through a national natural water network and additional supply infrastructure, as well as measures to halve leakages and progressing further with compulsory metering, to which the Minister referred. How far have the Government gone towards meeting the target of at least 1,300 million litres a day of additional supply being commissioned through a natural water network and additional supply infrastructure? If we have not yet got those proposals sufficiently in place, what measures will the Government take to meet that target, over and above the ones that the Minister has just announced?
Baroness Scott of Needham Market (LD) [V]
My Lords, it is a mark of the new arrangements that in recent weeks I have spoken in debates on food security, the charity sector and heritage and had between one and two minutes in which to do so. With the luxury of five, I will start with the usual courtesy of thanking the Minister for his comprehensive and useful introduction, and his officials for producing an extremely readable and useful set of accompanying documents.
Although narrow in its scope, this SI gives us a very useful chance to carry out some post-legislative scrutiny. I am not clear why a sunset clause was introduced in the first place. It might be because it was only ever envisaged for one project, but it would be useful to understand that better. I would rather know precisely what it was intended to do and what the risks are in removing it. The regulations as they stand have certainly done an extremely good job for the Thames tideway tunnel project. It will remain to be seen whether it is suitable for projects going forward. I am interested in the Minister’s thoughts about why this might not be a suitable framework for the four projects which he outlined, because it seems to have been successful.
It would also be helpful if he could give a bit more detail on the timetable for the proposed major new projects, as I did not quite hear what it was. In recent years, the emphasis seems to have been on improvements —particularly environmental improvements—to existing assets, and I welcome that. I am old enough to remember the 1970s, when the UK was known as “the dirty man of Europe”. UK standards have played a huge part in driving improvements in water quality across the piece. I am sure that all noble Lords would welcome an assurance that the UK will not, in any way, be slipping back once it is removed from EU standards.
Managing those assets, getting better value and using water more efficiently is an interesting challenge for the industry. Can the Minister say a little more about the limits? How much more water efficiency can we get out of existing infrastructure before we have to start thinking about new infrastructure, especially given the combination of climate change, increased population and differences in the way we lead our lives? It is good to hear that this model has worked so well for Tideway. It has suggested that the regulatory and contractual arrangements have given it a framework which has incentivised delivery on time and on budget—I would like to hear an update on that—as well as lower expected costs of capital.
The Consumer Council for Water has observed that customer handling in this project was not effectively done, because it was not sufficiently financed. Is that inherent in the regulatory structure or just an oversight that we can learn from and change next time? I look forward to the Minister’s reply.
Lord Moynihan (Con)
My Lords, I also welcome the Minister to this hybrid House, and I welcome these regulations. I had the good fortune to be one of the Ministers responsible for water privatisation in the Department of the Environment, working with my noble friend Lord Howard of Lympne, back in the late 1980s when the water authorities finally concluded their annual struggles to make forlorn cases in Whitehall for much-needed capital investment for large infrastructure projects. After privatisation, they moved into a world where they could access market-driven capital investment regimes. That long-term access to capital markets was critical to funding the much-needed investment programmes that have subsequently served the country well.
In answer to the noble Baroness, Lady Scott of Needham Market, I recall that, prior to privatisation, the annual battles in Whitehall were depressing times, as Ministers and officials from the Department of the Environment sought to make the case to the Treasury to fund water and sewerage treatment works in the face of competing cases being made to the Chancellor for better roads, hospitals and politically popular priorities. It was a very difficult task.
The 2013 regulations, which the Government are rightly seeking to extend through a release of the sunset clause, relate back to those days and the implementation of Part 2A of the Water Industry Act 1991 in relation to water and sewerage undertakers in England. Now, with the water industry in the private sector, it is right that the Secretary of State should seek and gain support from Parliament to continue the 2013 regulations, ensuring that infrastructure providers work within the proven framework that now exists. The delivery of large, complex projects under the current arrangements needs to work well, and it does. The infrastructure provider is well regulated by Ofwat to finance and deliver such contracts.
In the case of London, we have the first: we have the pioneering and far-sighted genius of Sir Joseph Bazalgette back in the 19th century to thank. His foresight enabled London, with a population confronted by reeking, unhealthy open sewers, to be transformed by a remarkable civil engineering project which projected scale into his design work on the diameter of the sewers. He worked on the basis of the densest population and what has best been described as,
“the most generous allowance of per capita sewage production”,
before coming up with the diameter of pipe needed. Apocryphally, and probably literally, he added:
“Well, we are only going to do this once and there is always the unforeseen”—
and he doubled the diameter to be used. His genius allowed London to cater for the subsequent increase in population density, with the introduction of office tower blocks, when with the original, smaller pipe diameter would have overflowed in the 1960s, rather than coping until the present day.
However, investment is now needed and has come in the form of the only project currently to meet the criteria of the 2013 regulations: the Thames tideway tunnel. My noble friend the Minister has made it clear that the regulations have created a parallel regulatory regime to help financially de-risk the Thames tideway tunnel project. This is a project of which Bazalgette would have been proud. It will capture, store and convey almost all the raw sewage and rainwater that currently overflow into the River Thames. The Thames and London will be the cleaner for it. Bazalgette Tunnel Limited, which carries his name, is the infrastructure provider. On completion, there will be a 16-mile long tunnel running mostly under the tidal section of the River Thames.
Does my noble friend the Minister know what effect the Covid-19 pandemic has had on the project’s timing and construction costs, which were nearly £5 billion? In recognising that this is the only project which is covered by the regulations, I congratulate Defra officials on delivering a framework which has kept the cost of procuring the tunnel as low as possible, with remarkably little evidence to date of the cost escalation so common in other infrastructure projects. In doing so, the department has also provided a dispute resolution framework and shown a sensitivity to community disturbance in a usually overcrowded city which to date has been commendable.
The Earl of Caithness (Con) [V]
My Lords, I, too, congratulate my noble friend Lord Goldsmith on his position and his promotion to the upper House. This is the first time I have been able to take part in a debate which he has been answering. Like my noble friend Lord Moynihan, I declare an interest as I, too, was heavily involved in water privatisation as Minister for Water back in the 1980s when it happened. I congratulate my noble friend on introducing this SI. He covered it very comprehensively, which will save a lot of questions. It is interesting to note that the post-implementation review was very clear that this statutory instrument should not have a sunset clause but should continue, so I am glad that my noble friend has not reinstituted a sunset clause for seven years’ time but has got rid of it altogether.
My noble friend talked about future projects. Before I come on to them, I want to ask about leaks. Does he really think that a 50% reduction in leaks by 2050 is good enough? My noble friend Lord Moynihan and I recall that leaks were a problem back in the 1980s; they are a problem now and it will be nearly 70 years before the water authorities get a grip on this problem. Is there nothing that can be done to speed up that part of their work?
I turn to future projects. My noble friend the Minister mentioned two reservoirs in particular. When I was a land agent, I was very involved in the Severn Trent water scheme in the Midlands close to Lichfield. I was struck then that more could have been done for nature, and I have thought about that a lot since, particularly with the recent focus on biodiversity, nature and the environment. Is there anything that Ofwat or my noble friend can do to ensure that when these reservoirs are built, if they are built, more account is taken of nature, with the schemes being adapted so there is more natural use of water and sewage disposal rather than using infrastructure? It would be much kinder for the environment and better for nature. There are great opportunities for un-straightening bits of river that were straightened some time ago, building water meadows and flood plains, and planting trees by riverbanks. If those things could be included in the schemes, even though the water authorities might not want them, it would be very beneficial for the environment and for the cost-benefit of the schemes.
The Earl of Erroll (CB) [V]
My Lords, there are various points I thought I would make, but other speakers have already made them much more competently that I would, so all I want to say is that I think the same way as the noble Baroness, Lady Scott of Needham Market, does about why there is no new sunset clause. I can see that the original regulations are probably so workable that I now understand that there is probably no need for one. My gut feeling is usually that if Parliament has decided that a sunset clause is needed, one should continue it.
I notice that a lot of the thoughts around the original regulations were about resilience and the need for conservation projects. It is essential to use water more efficiently. Smart metering keeps being mentioned. Looking at the experience of the electricity industry, I wonder whether smart meters have the desired effect. Meters do because you can see the overall consumption, particularly when bills hit people, but rather than spending an awful lot of money on technology, such as smart meters which are likely to go wrong or be outdated, we would do better to spend the money on upgrading our broadband provision so that you can hook anything into it.
The Thames tideway tunnel is a wonderful example of how to do things right, how to think ahead and how to carry forward the prescient thinking of Bazalgette all those years ago. I now entirely agree with these regulations.
Lord Blencathra (Con) [V]
My Lords, I, too, thank my noble friend the Minister for his detailed but concise and eloquent introduction to these regulations and congratulate him on his excellent promotion to this House, where he is advancing our green and biodiversity agenda, which is very important to all of us.
I am not opposed to this these regulations. However, I have a couple of queries. First, the post-implementation review states that the regulations
“were introduced to help the delivery of necessary, large or complex water or sewerage infrastructure projects within England. They were designed to help contain, minimise and isolate the risks associated with the delivery of these projects from customers, undertakers and UK taxpayers, while also providing value for money and keeping customer bills as low as possible.”
So far, so good, but only one project has been approved: the Thames tideway tunnel. My noble friend the Minister said that four others may be in the pipeline, but what is the timescale for them? If they happen, I strongly support my noble friend Lord Caithness, who urged that these reservoirs must do a great deal for nature.
The post-implementation review states:
“This legislation has facilitated one infrastructure project to date which is due for completion in 2023. As such evidence of outcomes remains limited.”
In the absence of real evidence, the Government asked stakeholders for their opinion. Is the that the right way to do it? Everyone agrees that this legislation should be changed, but should we be changing legislation based not on solid evidence but on the opinion of stakeholders?
My second point may be more controversial and I understand if my noble friend the Minister cannot or does not want to respond to it. Thames Water is now owned by a holding group called Kemble Water Holdings, consisting mainly of Macquarie bank and eight other private equity holders. They have done the usual private equity thing. They have loaded the business with £10 billion of debt so that they pay no UK corporation tax; have ripped off water payers by taking out £1.2 billion in dividends over the past few years; and have had to pay record fines for leakage. Okay, there is has a temporary freeze on dividend payouts at the moment, but that is no big deal considering the way they have plundered the business over the past 14 years. One justification in the PIR is that the Thames tideway tunnel has been able to borrow at very low interest rates, but any fool has been able to do that for the past few years. Despite the lower than expected costs, the users of Thames Water will still have to pay for this big sewerage pipeline. Does my noble friend the Minister think that that is fair considering the amount of profits Macquarie and others have taken out of the company?
My final point is this. If the first Bazalgette were starting out now, he would certainly separate sewage from rainwater run-off, but that is difficult to re-engineer entirely now, so the tideway tunnel is the solution. However, does my noble friend agree that all new buildings and car parks must not put rainwater into the sewerage system but use seepage systems instead? Does he agree that we need more permeable surfaces, underground soakaways, rain gardens, attenuation cells and all the other technologies that let rainwater soak into the soil rather than flood the sewerage system?
Lord Naseby (Con) [V]
My Lords, I too welcome the Minister to the Dispatch Box. In my judgment, this is a very important subject. I happened to sit on the Joint Committee on Statutory Instruments and I noticed, on reading the regulations and the material behind them, that it was thought that, while a vital instrument, there was no need for it to be looked at it in any detail by the Joint Committee, shared by the Commons and the Lords. I am a little surprised at that, considering the scale of what we have been talking about this afternoon, but I shall move on.
Secondly, the point was made that there may be instances of border challenges, specifically with Severn Trent in relation to Wales. I notice that the Minister did not say anything about the project involving the River Severn. I am not sure where it rises. Nevertheless, can we be reassured that, although it might not be seen by the water companies or Ofwat as important to consult our neighbours, there has been, and will always be, consultation with the devolved Parliaments?
Frankly, I am not in favour of removing sunset clauses. I had the privilege of sitting on the Public Accounts Committee for 12 years. It seems to me that when it comes to public expenditure, it is very important to have a point in time to review a situation. I am not suggesting that seven years is adequate for the scale of the infrastructure projects we have noted this afternoon. Nevertheless, I believe, and a number of my colleagues who have sat on the Public Accounts Committee would agree, that the normal time to review is quite often after 10 years. Maybe 12 years would be more appropriate —that is a matter of judgment. But I am very surprised that there is not a sunset clause and, while the tideway project is going brilliantly, there may be one that goes, or seems to go, badly wrong. A looming sunset clause is a wonderful means of focusing people’s attention.
I have two particular observations, one on reservoirs. I live in Bedfordshire, and I was a little involved in Grafham Water. My former constituency was Northampton, and I was particularly involved there with the Rutland reservoir. I am sorry to say to my colleagues who believe that the water companies do not appear to be taking nature seriously that I think the job done at Rutland was first class. Certainly, the only one I can comment on in detail is Rutland Water, and there is a huge amount being done there in relation to the impact on nature. I believe that is unjustified in relation to that project, and I support the new reservoir in Lincolnshire that is coming along.
Secondly, I question metering. I have had a water meter for years, simply because I believe it is a better way of controlling my expenditure, rather than having it done on the rateable value. Could the Minister bring noble Lords up to date on what percentage of households currently have a water meter?
Finally, for this Minister in particular, I am slightly surprised that there was no mention of the impact of climate change. All of us who are in the countryside at the moment have had incredible weather in May, and it looks as if it will return in June. We all expect climate change to have an impact, particularly on water consumption, so I am a little surprised that there has been no comment on that yet.
Nevertheless, I wish this renewal all speed, and hope very much that we might have a few answers on the questions raised, if not this afternoon then in writing afterwards.
Lord Mann (Non-Afl)
My Lords, I too welcome the noble Lord, Lord Goldsmith, to his position. Having been in another place for the last seven years, he cannot be held to account for anything that has gone wrong. But I am surprised that there appear to be no value for money reports on the one project that has come forward to demonstrate that these regulations have been successful. That appears rather lacking, or certainly not visible. I trust that there is one, and that it could be made more publicly available.
The consultation and debate around the 2013 regulations seem to concentrate an awful lot on the powers and the potential for Ofwat to refer disputes over price determinations to the Competition and Markets Authority. The Minister did not mention any such referrals—have there been any? That appeared a key facet of the argument for bringing in these regulations. My biggest concern is whether they are doing the job they are meant to be doing.
The Palace of Westminster is a good example of a building underneath which sits a sewerage system that is defunct, not fit for purpose and extraordinarily expensive to put right. One could take London, Manchester and many other big cities, particularly those that expanded rapidly in the Victorian era, underneath which we have sewerage systems not fit for purpose. Yet no proposals at all have come forward for projects impacting this critical issue. That is not a reason to reject the Minister’s proposals, but it seems to me that it is not succeeding in terms of those major projects. The finance is not coming forward, so a rethink about where it will come from is a top priority. Does the Minister not agree with me, that he should tease this out from officials, from industry and from wherever else he is capable of doing so?
Every time it floods, one sees how the seepage of the system implodes into devastation for communities. Old systems, built 100 or 150 years ago, were added to by new developments—major tower blocks and new estates—all over the country. These were tacked on because nobody at any level, not least in local government, was at all concerned about what was underground and could not be seen—until it flooded and until the sewage, rainwater and surface water combined, causing devastating damage. This has to be a top priority.
These regulations relate to major projects—for example, in Manchester and London, where underground work will be extensive—and to more modest projects in towns or villages, where expansion has taken place. In some places, the underground sewerage systems are not fit for purpose but more consumers have been tapped into them, often willy-nilly. I hope that, in responding, the Minister can say a word about his wider vision of his remit, perhaps going beyond this measure. On that basis, I have no objection to his proposal.
The Deputy Speaker (Lord Alderdice) (LD)
I call the next speaker on the list, the noble Baroness, Lady McIntosh of Pickering. There is a problem with the noble Baroness unmuting her microphone. I am afraid that we are not hearing her, so we will have to move on to the next speaker on the list. I call the noble Baroness, Lady Altmann. We cannot hear her either, so I call the next speaker, the noble Baroness, Lady Bakewell. We are unable to hear her either.
Baroness Bakewell of Hardington Mandeville (LD) [V]
I am here. Can noble Lords hear me?
Baroness Bakewell of Hardington Mandeville [V]
Thank you. My Lords, I too am grateful to the Minister for his extensive introduction to this statutory instrument. It is a great pity that we have not been able to hear from the noble Baronesses, Lady McIntosh and Lady Altmann.
I feel certain that in 2013, when this instrument was first introduced and approved, it was envisaged that all relevant infrastructure projects would have been completed by the time we reached the sunset clause date. However, as we all know, an awful lot has gone on in the intervening years and infrastructure projects are not the fastest to be delivered.
Like my noble friend Lady Scott of Needham Market and the noble Earl, Lord Erroll, I would like to know why the sunset clause was introduced in the first place. As the Minister said, the SI introduced in 2013 was due to expire after seven years, on 27 June this year, with a five-year review period. It was to operate across the English/Welsh border, with customers in Wales being provided for by an English undertaker. I accept entirely that the devolved Administrations are able to deal with their own water infrastructure projects, but that was not always the case. There are large reservoirs in Wales—Lake Vyrnwy for one—which provide water to English authorities, and I know that Birmingham is grateful to Wales for providing its water.
In 2013, large and complex water projects were overseen by Ofwat, and that will be the case be in the future. I note that in future there will be no sunset clause, and I ask the Minister whether that is wise. As others have said, during the period since 2013, only one large and complex high-risk water or sewerage infrastructure project has been delivered—the Thames Tideway Tunnel project, referred to by the noble Lord, Lord Adonis—and this has not been without its problems.
As the Minister stated, during the five-year review in 2018, eight stakeholders were consulted and five responded: Ofwat, Thames Water, Bazalgette Tunnel Limited, BTL investors and the Consumer Council for Water. As a result of their positive responses, Defra decided to extend the 2013 regulations. The five-year review found that the legislation was effective and should continue. The protection of the capital investment of the undertakers has been seen to be effective and has reduced risk and costs, as mentioned by the noble Lord, Lord Moynihan.
The March 2020 consultation again included Ofwat, Thomas Water, BTL and the Consumer Council for Water, and, in addition, Water UK, the Environment Agency and the Drinking Water Inspectorate, plus sewerage and water companies informed via Water UK. This time, four responded: Ofwat, the Environment Agency, Thames Water and Affinity Water.
Future decisions will be made on a case-by-case basis. I am grateful to the Minister for listing the locations of the four major schemes likely to be considered in the coming years under this SI. That is extremely helpful, but it would also be helpful to know the timeframe for each scheme. Is he able to give us that information?
Water conservation is extremely important and reducing leakages is key to it. Like the noble Earl, Lord Caithness, I am not sure that a 50% target for leakages is sufficiently ambitious. Likewise, I am unclear whether water meters help to save water. I am not convinced that the one I have does that for me. I agree with the noble Lord, Lord Blencathra, that in future schemes rainwater run-off should be separated from sewerage and that better use should be made of this valuable resource. Avoiding some of the unpleasant aspects of the horrendous flooding that many areas have experienced is absolutely key.
Given that the last five-year review took place in 2018, when will the next review be? Will it be in 2023 or will it be five years from today’s date? Given that the SI consists of two lines, I congratulate the Minister and all speakers on their comments in this debate—I have been impressed by the level of detail. I am happy to support the removal of the sunset clause and to support this SI. I look forward to the Minister’s comments.
Baroness Jones of Whitchurch (Lab) [V]
My Lords, I thank the Minister for his introduction to these amended regulations, and I thank all noble Lords who have spoken.
As the Minister said, this is a fairly straightforward change, removing the sunset clause from the original regulations agreed in 2013. We should welcome the approach taken back then, as it seems a model of good government, and the inclusion of the sunset clause has given us the opportunity to debate the issues today. At the time, it was an innovative approach to funding large infrastructure projects. It provided for a timely review and an end date, which would force us to consider whether the approach was working. That is exactly what we are doing today, and we should not take this responsibility lightly. I agree with noble Lords who queried whether a further sunset clause might be appropriate. I shall be interested to hear the answer to the question from the noble Baroness, Lady Bakewell, about whether there will be further reviews. We do not want the response to this to be open-ended when the sunset clause comes to an end.
Clearly, the fact that other funding options were considered at the time is an indication that the Government saw this as an experimental approach which might not be successful. However, the one model that we have before us today—the Thames Tideway Tunnel project—seems to have made a success of the powers enabled by the regulations. As noble Lords have said, this is a huge and impressive engineering project. It has generated thousands of jobs and is bringing significant environmental benefits by protecting the Thames from sewage overflows. Like many noble Lords, I have had a chance to visit the construction site along the Thames and have been hugely impressed by it. I am very pleased to report that it appears to be on target for completion by 2024 and largely on budget.
In this case, the creation of an infrastructure provider separate from Thames Water, which was allocated to Bazalgette Tunnel Ltd after a competitive process, seems to have worked well. Of course, there continue to be risks with both the funding and timescale. Can the Minister explain what continued monitoring and regulation of the project will be in place to ensure that customers will be protected from footing the bill if the private funding falls short in future? He will be all too aware that the privatised water industry does not have a good record of putting customers’ interests first. Recently, we have seen customers left without water for days and trillions of litres of water lost through leakages, while those at the very top have been rewarding themselves with huge bonuses. It remains important that we have robust oversight of multi-million-pound projects such as this.
In addition, the post-implementation review, which took place in 2018, mainly received responses from stakeholders with a financial interest in the project. Not surprisingly, they said that everything was going really well. However, as noble Lords have pointed out, the Consumer Council for Water’s response was more circumspect. It said that the arrangements for
“the handling of customer complaints and queries presented greater challenges … a significant amount of proactive communications was required to educate and inform customers … This activity … was not originally accurately priced”.
Meanwhile, Ofwat reported that the “initial delivery” of the regulatory
“framework was significantly more complex and time consuming than originally anticipated”.
What steps have now been put in place to ensure that these concerns are addressed and not replicated in future projects that would operate under these regulations?
Finally, the removal of the sunset clause opens the door to other complex water infrastructure projects to be funded via this route. So far, it has applied only to Thames tideway, but the Explanatory Notes make reference to a number of new high-risk infrastructure projects that might benefit from these regulations in future. I am grateful to the Minister for his outlining the four projects being considered under that reference. How will the Government ensure that this funding model is appropriate for each of those four new projects? How will they ensure that lessons are learned from the Thames tideway experience so that a more responsive and accountable system of oversight and delivery is applied in future?
I look forward to the Minister’s response to my noble friend Lord Adonis’s question on whether a future national natural water network is being considered. That certainly seems a hugely sensible option for a country that suffers both flooding and drought. I also agree very much with the point made by the noble Lord, Lord Blencathra, about separating rainwater from sewerage. Again, I would be grateful if the Minister could address that point. Other than that, I welcome the proposals and look forward to his response.
The Deputy Speaker
Unfortunately, the noble Baroness, Lady McIntosh of Pickering, ran into a technical problem earlier. I think that we have time so I would like to see whether we can bring her in now.
Baroness McIntosh of Pickering (Con) [V]
My Lords, I am most grateful. I welcome the regulations and congratulate my noble friend the Minister both on introducing them and on the wide and full consultation on their implementation.
I will focus my brief remarks on my noble friend’s references to new reservoirs and water transfer. In particular, I draw his attention to the work and investment of Yorkshire Water. It set up and invested heavily in a regional grid, enabling water to be transferred into one of the largest areas of water supply, and from areas of plenty to areas that are under more stress. Perhaps that could be rolled out across regions in future. I also draw his attention to the Slowing the Flow at Pickering project, which includes not just a reservoir but other soft natural water defences and which could also be used as a pilot scheme elsewhere.
I was particularly taken by my noble friend’s remarks referring to building regulations and labelling, which do not require primary legislation. I firmly support him in that regard—that is, being able to roll out more, with a particular ability to make houses more resilient to floods, encourage more water metering and reduce leakage.
I also draw my noble friend’s attention to the Government’s current review. The current Defra and Environment Agency guidance refers to reservoir owner and operator requirements, which were updated on 15 April this year. It states:
“You must meet certain requirements if you own or operate a reservoir, or intend to build one.”
Currently, there are different requirements for large reservoirs above ground level of more than 25,000 cubic metres and those holding less. Further, in a letter from Parliamentary Under-Secretary Rebecca Pow in response to a colleague on 1 May, the Government asked the expert Professor Balmforth to lead a second-stage review with a wider assessment of reservoirs, including their safety legislation and its implementation. This begs the question—I hope that my noble friend will be able to answer it this afternoon as I gave him prior notice of it—of how water storage will be regulated under the environmental land management scheme, which pays and rewards farmers and landowners for possibly storing water on their land. Currently, the Flood and Water Management Act 2010 allows for this monitoring and control to be reduced to reservoirs of 10,000 cubic metres or more. I urge my noble friend not to implement that part of the Act for the moment to ensure that more small-scale reservoirs can be built—that is, reservoirs not on the scale of the Thames tideway tunnel before the House today but smaller-scale ones that will prevent downstream communities flooding.
I, for one, welcome the fact that the sunset clause is being removed in the instrument before us. I wish my noble friend’s Motion speedy passage.
Lord Goldsmith of Richmond Park [V]
I thank noble Lords for their points. They made a lot of them; I will try my hardest to answer all the key questions. I apologise in advance if I am not able to do so.
The noble Lord, Lord Adonis, made a number of points. He asked for an update on the Thames tideway tunnel. It is on track. It is currently in construction and will be operational in 2023, and the project as a whole is due for completion in 2024. He also asked about a number of other issues, which were echoed by other noble Lords, including the impact of Covid-19 on the tunnel. I am afraid that the only answer I can provide at the moment is that we are still assessing any possible impact; I cannot go further at this point.
The noble Lord asked about the reservoir at Abingdon. The Government recognise the need for more water resources in the south-east, but at this stage we are not able and it would not be appropriate for us to support a specific recommendation. We are waiting for further evidence on the most appropriate and best solution to be drawn together by Thames Water, Affinity Water and the wider water resources in the south-east group. We will come to that shortly.
The noble Lord also asked why reference was not made to the National Infrastructure Commission’s 2018 report, Preparing for a Drier Future. I apologise if I did not mention it. The report outlined clearly the need for new water supply infrastructure. It estimates that a combination of changing rainfall patterns, brought about by climate change, and an increased population—while leaving enough water to protect and sustain the environment—will require an additional 4,000 megalitres a day for longer-term drought resilience. It says that, without action, many parts of England will face water shortages by 2050, especially in the drier south and east. We as a Government are committed to a dual approach of reducing demand and increasing supply. However, even if we are successful in reducing demand significantly, some new infrastructure will still be needed.
The noble Baroness, Lady Scott, asked why the sunset clause was introduced, and the same question was asked by my noble friend Lord Naseby. The answer is simply that it coincided with a moment of government where there was a renewed effort to cut unnecessary regulations and try to prevent the pile-up of future unnecessary regulations. A number of sunset clauses was used at the time for that reason.
The noble Baroness also asked what happens to water quality standards once EU legislation no longer applies. We are committed to future environmental standards that either equal or improve on those of the EU. The European Union (Withdrawal) Act 2018 ensures that the body of existing EU law, including the water framework directive regulations, continue to take effect in English law after the transition period.
A number of noble Lords put questions to me about timescales. The evidence in the case of the four projects that I mentioned in my introductory remarks is still being worked up by the water companies in the RAPID framework established by Ofwat and decisions on details will be taken over the next few years, so I am not in a position to set out a complete timetable. However, further details can be found in water companies’ water resource management plans.
The noble Earl, Lord Erroll, raised the issue of smart metering, which was also raised by the noble Baroness, Lady Bakewell of Hardington Mandeville. Smart metering has the advantage of being able to detect leaks, which is hugely important, as a number of noble Lords said. It also has the advantages of energy reduction, demand forecasting, enhanced awareness campaigns, the promotion of efficient appliances and performance indicators. Thames Water announced last week that smart metering helped to achieve a 15% reduction in leaks last year.
My noble friend Lord Caithness also raised the issue of leaks, as did a number of other noble Lords. The Government are completely committed to reducing demand for water; we know that we have to do that. We have challenged the water companies to halve leaks from distribution systems by 2015. He asked whether that is ambitious enough, and I can only say that I hope we will be able to go much further.
There is no doubt that we need to use less water, in addition to dealing with leaks. We undertook a consultation on measures to reduce personal water consumption, including measures such as amended building regulations, water efficiency labelling and metering. As part of the latest price review, PR19, Ofwat is incentivising all water companies to help customers to reduce their personal consumption.
A number of noble Lords raised the issue of nature-based solutions to the problems that we are discussing. That is high up in the Government’s and my own agenda. We already expect water companies to consider them when evaluating a range of solutions to meet their water resource needs. Nature-based solutions can be enormously effective in reducing run-off and increasing infiltration. They can slow the flow of surface water in the wet season and help to prevent flooding, and can help to reduce the impacts of flooding. They can also improve the ability of land to hold on to water for use during the drier seasons. That is why the Government are keen to support tree planting along watercourses where appropriate. Tree planting helps to regulate water flow and reduce flood risk as well as stabilising river banks and reducing pollutants that might otherwise drain into watercourses. This is a big part of the Government’s flood strategy, and noble Lords will be hearing more about that as the Government publish it in due course.
My noble friend Lord Blencathra raised a number of issues. He asked whether, given that only one project has been ascribed to this regulation, that means the evidence is limited. He is of course right: on the basis of one project, the evidence is limited. However, we sought the views of those already operating under the regulations, including the regulator, who are best placed to advise whether, and the extent to which, the 2013 regulations have achieved their aims. The view across the board was that there are many tangible benefits, including contributing to lower water bills for customers.
My noble friend claimed that Thames Water is now owned by a holding group called Kemble Water Holdings, consisting of mainly Macquarie Bank and eight other private equity holders. I want to put on the record that Macquarie sold its stake in 2017. The largest shareholder owner now is OMERS, a pension fund for local government employees in Canada.
My noble friend also raised the hugely important point about building regulations, particularly around new buildings and car parks, and the issue of rainwater rushing off into sewerage systems. I strongly agree with him about the importance of sustainable drainage systems; as well as reducing the risk of surface water flooding, such systems can deliver water quality, biodiversity and amenity benefits. So we have plenty of benefits from such a scheme, and planning policy makes sure that they are provided in all new major developments unless there is very clear evidence that that would be inappropriate.
I am conscious that I may run out of time so I shall try to speed up a bit—apologies. My noble friend Lord Naseby referred to the devolved Administrations. Water is a devolved matter and these regulations will not change that. It is possible that some of the water projects that I have described and which will be specified under these regulations might impact on Wales, but we are told that any impact is likely to be very limited and obviously the Welsh Government will be consulted as appropriate. There is a very good relationship between the UK and Welsh Governments on this issue, and that is underpinned by a memorandum of understanding between Ministers.
Briefly, in response to the noble Lord, Lord Mann, the Thames Tideway Tunnel has not been referred to the CMA. However, in the current price review four companies have appealed to the CMA, showing Ofwat’s push to ensure value for money.
My noble friend Lady McIntosh raised a number of issues. The first related to rewarding farmers for public good. That is the very heart and essence of the Government’s environmental land management scheme, which will replace the common agricultural policy. It will specifically pay farmers, foresters and other land managers public money for providing public goods through the management of land and water.
A number of other issues were raised. The noble Baroness, Lady Jones of Whitchurch, referred to privatisation. The Government’s view, although no doubt she and I will disagree, continues to be that we believe that the privatisation model, so long as it is underpinned by strong independent economic regulation, provides multiple benefits. Today privatisation has unlocked around £150 billion of investment, the equivalent to around £5 billion annually—investment that is almost double the pre-privatisation level. Privatisation has delivered a range of benefits to customers and the environment, including the fact that the UK now has world-class drinking water and consumers are five times less likely to suffer from interruptions to their supply, eight times less likely to suffer from sewer flooding and 100 times less likely to have low pressure. Two-thirds of our beaches are classed as excellent compared to just one-third pre-privatisation. Customer satisfaction levels have risen to around 90%.
There is of course much more to be done, of course, and this Government remain absolutely committed to doing so. I apologise to noble Lords if I have not answered all their questions but I will do so in follow-up letters as appropriate.
Arrangement of Business
The Deputy Speaker (Lord Duncan of Springbank) (Con)
My Lords, a limited number of Members are here in the Chamber, respecting social distancing, and if the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally, wherever they are. For Members participating remotely, microphones will unmute shortly before they are to speak—please accept any on-screen prompt to unmute—and muted after each speech. I ask noble Lords to be patient if there are any short delays as we switch between physical and remote participants. I remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.
We now come to the first Motion in the name of the noble and learned Lord, Lord Keen of Elie. The time limit is one and a half hours.
Crown Court (Recording and Broadcasting) Order 2020
(3 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie
That the draft Order laid before the House on 16 January be approved.
Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee
The Advocate-General for Scotland (Lord Keen of Elie) (Con) [V]
My Lords, these draft orders would remove current prohibitions on the recording and broadcasting of certain court proceedings. In the Crown Court, this would enable the broadcast of judges’ sentencing remarks and in the Court of Appeal would make permissible the broadcast of judgments and advocates’ arguments in selected family proceedings. Currently, the recording and broadcasting of court proceedings in England and Wales is prohibited by Section 41 of the Criminal Justice Act 1925 and Section 9 of the Contempt of Court Act 1981.
Section 32 of the Crime and Courts Act 2013 enables the Lord Chancellor, with the agreement of the Lord Chief Justice, to make an order specifying circumstances in which the prohibitions on recording and broadcasting may be lifted. This has been done to allow recording and broadcasting of proceedings in the Civil and Criminal Divisions of the Court of Appeal, which has proceeded successfully since 2013. Section 32 does not apply to proceedings in the Supreme Court, which has its own provision allowing for broadcasting of its proceedings.
The two draft orders vary in effect and scope but share the common intent of increasing transparency, public engagement and understanding about what happens in courts. Very few people have the time or opportunity to attend and observe this in person. Increasingly, people rely on television and the internet for access to news and current affairs. It is right to respond to these changes in technology and society and allow cameras into our courts. There is evidence to suggest that the more informed people are about the justice system, the more confidence they will have in it.
I will briefly summarise the intended purpose and impact of the two orders before your Lordships today. The Crown Court (Recording and Broadcasting) Order will lift current restrictions to the extent necessary to enable recordings to be made where remarks made in passing sentence are delivered in the Crown Court by a High Court judge or a senior circuit judge. Recordings will be made by broadcasters only with written permission to do so from the Lord Chancellor.
Parliament first considered the proposal to extend broadcasting to the Crown Court in 2016 during debates on the Crown Court (Recording and Broadcasting) Order, which lifted the prohibition on recording, to enable a not-for-broadcast test in eight Crown Courts across England and Wales. This test gave us the opportunity to consider the practical implications of filming in Crown Courts. We have taken into account the concerns raised by both Houses when considering the results of that test. Our learning from this, and from some years filming in the Court of Appeal, has informed the drafting of the current order and the safeguards contained within it.
We have listened to concerns regarding the potential impact of court broadcasting on victims and witnesses, and indeed on the dignity and integrity of our courts. The welfare of victims and witnesses is of paramount importance, and the order does not permit the filming of victims or witnesses, or of any other person present in court, including staff, defendants, jurors and advocates.
Broadcasters must make an application to film a case, and the trial judge has full discretion to allow or deny the application. Filming will not be permitted if a case is considered unsuitable for broadcast—for example, if it is particularly sensitive in some way—and it will not be possible to appeal a judge’s decision to allow or refuse filming. Existing reporting restrictions will continue to apply, and the court will be able to stop or suspend filming in the interests of justice, or to prevent prejudice to any person. Any breach of the terms of the order could amount to contempt of court.
We have given much consideration to concerns that filming might impact on the dignity of the courts and the integrity of the trial process. The decision to limit filming to sentencing remarks has been done with this in mind, and we have introduced a number of other safeguards in the order.
Only those media parties granted permission in writing from the Lord Chancellor will be able to record proceedings, and the Government will retain copyright of the film footage. The order makes clear that the contents of any broadcast must present sentencing remarks in a fair and accurate way. The complete footage of any broadcast will be easily accessible to the public online, so that they can see and hear the judge’s remarks in full and in context.
There will be only one camera, and one experienced cameraman, present in the court, to minimise disruption. In most cases, sentencing remarks will be filmed and the edited footage broadcast later the same day. Live broadcasts are likely to be very limited and only in cases of significant public interest. There will be a time delay on live broadcasts, to ensure that all necessary edits can be made to the footage before it is released to the public. The trial judge will have the power to refuse an application to broadcast live, if he or she considers that this would be inappropriate.
The second draft order before noble Lords today amends the Court of Appeal (Recording and Broadcasting) Order 2013, which sets out the conditions under which the visual and sound recording, and broadcasting, of proceedings in the Court of Appeal may take place. The 2013 order specifically prohibited the recording and broadcasting of Court of Appeal proceedings where the appeal followed from a decision in family proceedings. The draft amending order repeals that prohibition, with the specific purpose of bringing family proceedings within the scope of the current project to test the live streaming of selected Court of Appeal civil proceedings.
Family proceedings have long faced criticism in Parliament, and indeed in the media, for being insufficiently transparent. Historically, family proceedings have been more closed than those in the criminal and civil justice systems, with cases usually being heard in private. However, both the Government and the judiciary recognise the need for greater transparency, while at the same time protecting the privacy of often very vulnerable children and families. A careful balance must continue to be struck. Steps have been taken, and continue to be taken, to make family proceedings more open. This instrument should be seen in this wider context, as well as that of making the Court of Appeal, and the courts in general, more accessible to the public.
Repealing the prohibition on the recording and broadcasting of family proceedings of the Court of Appeal will allow selected cases to be included within the existing live streaming of judgments and advocates’ arguments in appeal cases. This pilot, initiated by the Master of the Rolls and launched in November 2018, has so far tested the live streaming of selected civil proceedings in the Court of Appeal. These have been broadcast through a dedicated YouTube channel, with a link placed on the judiciary website.
The pilot has provided a successful test for the broadcasting of appeal proceedings. No technical issues have been identified with the live feed to date, and no objections have been raised by the parties involved in the hearings selected for live streaming. The pilot includes a delay mechanism and enables the judge to cut the live stream immediately to prevent the inappropriate broadcast of sensitive matters. To date, judges have not needed to use this facility.
There is currently no intention to broadcast family proceedings in the Court of Appeal, other than as part of the ongoing live streaming pilot. However, it is anticipated that if the pilot has a successful outcome, it should become standard practice for selected family proceedings in the Court of Appeal.
The confidentiality and sensitivity with which family proceedings are dealt with remains of paramount importance. It is important to note that family proceedings in the Court of Appeal are already open to the public, who can attend in person, unless the court itself decides otherwise.
The Crime and Courts Act 2013 allows discretion for the judge in any case to prevent broadcasting to protect the interests of justice and prevent undue prejudice to anyone involved. The broadcast of individual appeals will require the agreement of a judge. Judges are always able to stop live streaming at any time, either before or during the hearing, should they consider it necessary. Parties are also given the opportunity to object to having the hearing broadcast. These safeguards will apply to family proceedings, as they do to other proceedings already within the scope of the 2013 order.
This instrument will only allow the broadcasting of judgments and advocates’ arguments in family cases in the Court of Appeal. Appeal cases do not commonly involve family members or other witnesses giving evidence in person, except when they are representing themselves, and safeguards are in place to protect their interests. These have been found to work well already in the broadcasting of civil proceedings.
The Government are committed to ensuring that the justice system is open and transparent. Public understanding of how the courts work, and how judicial decisions are made, is important if we are to maintain confidence in the system. I believe that both orders before the House today will further these aims. They will give the public access to and insight into court decisions, while continuing to protect the integrity of the court and the rights of victims and defendants. I commend these instruments to the House and beg to move.
Lord Morris of Aberavon (Lab) [V]
My Lords, I am grateful to the noble and learned Lord for his explanation of the orders. I have to wrestle with two competing influences in dealing with issues of this kind: on the one hand, the need for justice to be seen to be done, and, on the other, the danger of outside influences such as sensationalism influencing court proceedings. I regret that I first opposed, and then supported, the broadcasting of the House of Commons. Time has proved that I was right the second time round.
Other than when I was a Minister—under three Prime Ministers—I have spent all my professional life practising in the criminal courts. I venture to think that I have met near as many alleged murders, rapists and fraudsters as most in your Lordships’ House. The first order is very limited, applying only to senior judges in the Crown Court, and would not have applied to a part-time recorder like myself sitting as a Crown Court judge. So we are only putting our toes in the water, so far as the criminal courts, and I commend this approach.
Sentencing remarks can unexpectedly become very sensational. I suspect that a consequence of the order will be that judges will in future exercise extra care in their sentencing remarks. That would be for the good. The only publicity I had, in many years sitting as a judge, was around my sentencing remarks in a rare triple bigamy case. The offences had taken place many years before, but the accused was fairly young. The years had gone by, and he was now happily married, with a wife and children. Every tabloid splashed my sentencing remarks, “Judge tells bigamist: You get on with it”. What I meant was that, given the passing of so many years, he should now get on with his settled life. I was much more careful in my other cases after that.
I particularly welcome that the broadcast should not be in breach of any applicable restriction order, which could be of fundamental importance in, I surmise, a small number of cases. The results of a breach of such a restriction can have appalling and costly consequences. On the basis that this is not the thin edge of the wedge, I welcome the order. I suggest, if I may, that, in perhaps two or three years, the Lord Chancellor should report to Parliament on its operation. What should be paramount in our consideration is ensuring that there is no infringement of the right to a fair trial. I am content with the second order.
Lord Thomas of Gresford (LD) [V]
My Lords, this significant development is being introduced by statutory instrument without any up-to-date consultation. As the Explanatory Memorandum shows, the Government rely on a consultation from 2005—15 years ago—to justify its introduction in 2020. That is not proper consultation. Broadcasting has changed since 2005, as have the courts. At a practical level what control will be exercised over the broadcast of sentencing remarks on the internet, and on social media, which was not at all obvious in 2005? Article 10 imposes restrictions on use, but are they enforceable in the current age?
The Explanatory Memorandum makes it clear, as the Minister did a moment ago, that the policy behind this provision is
“to increase transparency in the justice system and public engagement with, and understanding of, what happens in courts.”
To confine the broadcasting proceedings to the judge’s sentencing remarks seems to do little to achieve those objectives. In a straightforward case, the sentencing remarks may be only very brief. Even in a serious case, they may reflect little of the issues played out in the trial process. In R v Chin-Charles last year, the Lord Chief Justice made it clear that sentencing remarks should be merely a brief explanation of the reasons for sentencing; the issues in the trial should not be rehearsed. The noble and learned Baroness, Lady Hallett, was a party to that judgment. I cannot imagine the public waiting anxiously to be educated at their television sets, or at their laptops and iPads, at the precise moment the judge comes into court to deliver his sentence. Surely providing clips for news programmes must be low on the priorities of a court service desperately requiring money for repairs and refurbishing.
On the issue of cost, in the Court of Appeal project the broadcasters agreed to bear the cost of installing and operating the cameras. Have they agreed to bear the cost of these provisions, both for now and stretching into the future? If not, what is the projected cost? In any event, the time and money spent even in the training of court staff cannot be justified for the limited purpose of “educating the public” or upholding the dignity of the court. There is a lengthy waiting list for trials in the Crown Court and the focus should be on speeding up the trial process.
It used to be said that the pace of a trial was linked to the judge’s pen. Today it is more likely to be dictated by his or her ability on the keyboard, but it remains the judge’s responsibility to take a full note of the proceedings to assist him in his rulings and to remind the jury in his summing up of the evidence that has been given. If courts are to be fitted up with cameras, why should they not be used for wider purposes—let us get into this century—to record the evidence and demeanour of witnesses, should the jury wish to refresh their memories; to assist counsel in the preparation of argument before the jury; or to take the pressure of note-taking away from the judge? Their use will always be regulated by the judge in the interests of justice.
We have seen in this House, with the detailed and indexed recordings of proceedings on parliamentlive.tv, how quickly the record can be accessed. Like some elderly Members of this House, jurors can be trained to use the system. The coming generations, I fear, will of course require no such training. I remember a time when some jurors were illiterate and could not read the oath. I have to say that the defence rarely objected to their serving on the jury. A Daily Telegraph in a prospective juror’s pocket was enough to have him off. But today’s jurors are frequently faced with documents and photographs online and they deal with them. They are capable of dealing with them. They could deal equally with a filmed record of the proceedings.
My remarks apply equally to the inclusion of family proceedings in the current Court of Appeal arrangements. I suggest that the Minister withdraws these SIs and has a proper consultation in today’s terms to consider where they should go, and to encourage broader use of recordings in Crown Court proceedings.
Lord Garnier (Con) [V]
My Lords, I wholeheartedly support the implementation of these two orders. It is essential that proceedings in our courts should be as open to the public as possible, subject to any overriding public interests, such as the interests of justice generally and in a particular case before the court. While I bear in mind the more cautious and charmingly self-deprecating contributions of the noble and learned Lord, Lord Morris of Aberavon, and the noble Lord, Lord Thomas of Gresford, the restrictions outlined by my noble and learned friend the Advocate-General are, in my mind, proportionate and sensible.
My noble and learned friend and I have appeared as advocates in the Supreme Court, where, as he said, proceedings are recorded and live-streamed—I hope he will agree, to the public benefit. Although not every case is necessarily interesting to the public and some are, frankly, pretty dry, that they can be seen and heard live, or later by people who cannot get to Parliament Square, helps demystify the Supreme Court’s procedures and the work of those who take part in appeals as justices, advocates or litigants. It also helps the wider understanding of the law and its development through decisions of the court. I am sure that is true of broadcasts of the Court of Appeal, even if they are not routine.
I have some questions about the Crown Court order, which I sent to my noble and learned friend earlier this afternoon. Regarding that order, can he tell us how long the general permission to record sentencing remarks given by the Lord Chancellor lasts? Will there be a list of people or organisations, or only one designated recording organisation, permitted to record by the Lord Chancellor under the order, whereas those who wish to broadcast what has been recorded will need to apply to the sentencing judge on each occasion? Is the judge’s permission to broadcast limited to the particular case in which he or she is the sentencing judge, or can a High Court judge or a resident judge give permission to broadcast the sentencing remarks of another judge sitting at the same Crown Court?
Who may ask for permission to record and broadcast sentencing remarks? Will they have to apply in open court, or can it be done administratively and in writing? Will the broadcaster have to pay either to apply for permission or to broadcast the recorded material? Is broadcasting limited to traditional television or radio broadcasters such as the BBC, ITN or Sky, or may individuals and organisations outside the traditional media—for example, bloggers or people who post on social media—be given permission? Who, if dissatisfied by a decision to give or to refuse permission for a recording to be broadcast, has the right to appeal that decision? Who decides whether a broadcast was fair and accurate, and what is the consequence for the broadcaster if it is not?
Finally, is there a statutory or relevant definition of the phrases “light entertainment” and “satire” in Article 10(2)(c) and (d)? These are terms often easier to recognise than to define, but how will the judge know, when asked for permission to broadcast his or her sentencing remarks, whether they are to be edited in such a way as to invite contempt, ridicule or gentle amusement, or as to encourage academic legal interest or intellectual curiosity?
Lord Thomas of Cwmgiedd (CB) [V]
I too warmly welcome the proposed orders. They are an important yet incremental step in ensuring that justice is as open as possible. Courts have always sought to do this using modern methods of communication. That is because it is always essential that justice is seen to be done openly, in the interests of not only the defendant but society as a whole, so that everyone can see that justice is being done.
For some time, the judiciary has made available transcripts or notes of sentencing remarks to ensure that they are reported accurately. This has proved very successful in ensuring that what a judge says is accurately reported in the press, but it is right that we now go further than this.
The experience the courts had in the Court of Appeal —both the Criminal Division and the Civil Division—and the Supreme Court has shown that broadcasting is a very important part of open justice. To allay some of the fears expressed by the noble Lord, Lord Thomas of Gresford, and my noble and learned friend Lord Morris of Aberavon, there have been few problems. There have been no real problems with matters being repeated on the internet or social media. The courts have always tried to take into account the views of the parties. Particularly in hearing criminal appeals, they have been anxious to protect the position of the victims, or the family if the victim is deceased.
It is a tribute to our broadcasters that they have shown very real responsibility. The cameraman who used to sit in court and record what happened was always acutely sensitive to what was being said and transmitted. Therefore, bearing in mind the way this is being taken forward, we can be reasonably sure that the problems have been looked into.
It is important that the broadcasting will be restricted to the most important cases. It will therefore be possible for the public to see and hear from the judge’s own words what has been said. That is much better than the prosecutor, for example, appearing on the steps and explaining what the judge has said.
I have three more observations about this order. First, it is and has been a very complex process; it had to be piloted to check it works properly. Secondly, there has been consultation. This process has been going on for a considerable period of time at the Bar and among solicitors, the judiciary and the broadcasters. Thirdly, a number of safeguards are in place to try to ensure that everything is done properly and that the system is not abused. It seems we can safely proceed with this incremental step in accordance with the orders.
I will briefly add a word in respect of the Court of Appeal order. I too welcome it, as it extends transparency to family court proceedings. That is always something the judiciary has welcomed when appropriate and suitable.
Lord Reid of Cardowan (Lab) [V]
My Lords, I confess that—unlike, I think, all the previous speakers—I am afraid I do not fall into the “noble and learned” category, since I have neither legal qualifications nor the experience of serving in court proceedings that was so evident from the previous contributions. I am not sure that my service as Home Secretary compensates for that absence or necessarily endears me to those who are entitled to be referred to as noble and learned Lords. Nevertheless, perhaps I could make a few short layman’s points about the proposals before us. If I repeat some elements of the opening contribution by the noble and learned Lord, Lord Keen of Elie, it is because I cannot remember any occasion when I have agreed more with him than today.
It seems obvious that increasing the transparency of our court proceedings is an important step forward for our legal system. It may not be a major step—as my noble and learned friend Lord Morris said, we are dipping our toe another little bit into the water here—but it is a step in the right direction. As several noble Lords have pointed out, it is a truism that justice should not only be done but be seen to be done. The fact is that, although theoretically our courts are accessible to the public, we all know that in practice there is severely limited access to the average person, for reasons that are self-evident. This proposal increases that accessibility and transparency, even if in a somewhat limited fashion.
Secondly, it seems likely to increase understanding of how the courts actually work. It is a system that is still largely shrouded in mystery and misunderstanding for the ordinary member of the public. Thirdly, I would like to believe that in turn this will engender more widespread confidence in our justice system—although, unlike my noble and learned friend Lord Morris, I do not think it self-evident that televised parliamentary proceedings engender increased respect or understanding, so perhaps I am expressing a rather overoptimistic view. Nevertheless, it is possible that it will do this and, if so, it is to be welcomed.
In any case, it is obvious to us all that we live in what is called the information age, in which there appears to be an unquenchable thirst for information—very often gained through media and social media, as has been pointed out, and sadly not all reliable or accurate. So it seems wise to at least allow direct access, however partial, to legal judgments, rather than only to second-hand and sometimes anonymous reportage of them.
I welcome the fact that, in this move forward, victims, staff and legal professionals will be protected from exposure under the order. However, that is not the case for judges. It would be interesting to know what assessment the Minister and Government have made of any potential adverse consequences of this and what measures, if any, they intend to put in place to mitigate those consequences.
As I mentioned, the proposal is partial. Only the judge’s sentencing remarks are to be broadcast in the Crown Court. This may include a summation of the main points of the prosecution and defence cases. However accurate, this obviously cannot be comprehensive. I wonder whether the Government could not have gone a little further; perhaps the Minister could explain that. Despite these minor reservations, I welcome and support the proposal and look forward to the Minister’s response.
Baroness Anelay of St Johns (Con) [V]
My Lords, I support the making of both orders but shall speak only to the Crown Court order. My only reservation is that it may be too limited in its scope to meet effectively the stated objective of increasing transparency in our judicial system and public engagement with, and understanding of, what happens in our courts.
It has taken a long time to reach this modest stage. I well remember the consultation carried out by the Labour Government in 2005. At that stage I had been a magistrate and was the Opposition spokesperson on home affairs and, from time to time, matters covered by the Department for Constitutional Affairs.
The Crown Court order will authorise only certain judges sitting in the Crown Court to permit the recording and broadcasting of their sentencing remarks. The judges will be High Court judges, senior circuit judges who are also the resident judge of a Crown Court centre, or a senior circuit judge whose base court is the Central Criminal Court. All circuit judges have a base court but may sit at other courts. The permanent judges based at the Central Criminal Court are senior circuit judges, but other non-senior circuit judges may be requested to sit there from time to time. Those other judges will be excluded from the provisions of this order.
High Court judges and senior circuit judges preside over trials of class 1 offences, which include murder, attempted murder, rape and other serious sexual offences, but other circuit judges may be authorised to try some of these offences too. On occasion, Crown Court judges are criticised by the police—sorry, by the public—and the press for the perceived inadequacy of their sentences. Perhaps my slip of the tongue may be true as well, judging by the source of some criticism. Sentences in certain types of offence, in particular, often attract a public outcry or criticism: for example, not only those given for serious sexual offences such as rape but for other sexual offences too. Some serious sexual offences are tried before non-senior circuit judges or, indeed, as mentioned earlier today, before recorders. Sentences in such cases will be excluded from the provisions of this order. For clarity, I do not refer to the honorary recorders of major city Crown Courts who are senior circuit judges—for example, Liverpool, Manchester and Leeds, to name but a few.
Other sentences that attract a lot of public attention, and sometimes a strong emotional response leading to open criticism, are those for causing death by dangerous or careless driving. These offences are frequently tried before non-senior circuit judges or, again, on occasion before recorders. These sentences, too, would be excluded under the provisions of this order. There would be considerable benefit to the judiciary and the public if the reasons for such sentences could be recorded and broadcast. It would promote even better transparency and enable the public to have a better understanding of the judge’s reasoning and all the factors taken into consideration.
Accordingly, while I welcome the Crown Court order, I hope that my noble and learned friend the Minister may be able to reassure me that the provisions of this order are just a first step—more than just the putting of the tip of a toe in the water; I want to see the whole foot and more in there—and that these measures may be extended in due course to the decisions of a wider category of judges.
Lord Harris of Haringey (Lab) [V]
My Lords, I am grateful to the noble and learned Lord for his usually thorough and precise introduction. I will confine my remarks to the order that relates to Crown Courts, and I say at the outset that I welcome it as an initial step. However, I share, almost word for word, the views and reservations just expressed by the noble Baroness, Lady Anelay.
I chair National Trading Standards, which is responsible, on behalf of BEIS, for delivering national and regional consumer protection enforcement activities in England and Wales. Scotland has similar but distinct arrangements. The teams we fund are located within local authorities and use local authority trading standards powers to investigate and bring prosecutions against organised crime groups, which perpetrate consumer scams targeting often vulnerable consumers, and which, as a side-effect, thereby undermine legitimate businesses and traders. Clearly, the objective is to bring the perpetrators to court. A typical example would be Allan John Coutts, a rogue trader who ran a tarmac repair business across England and Wales, operating under several trading names to avoid detection. He used a lorry specifically designed to resemble an official vehicle to cold-call customers to obtain driveway repair work. The work itself was often of very poor quality; sometimes he simply dumped loose chippings on existing driveways with no solution to hold them in place. He demanded cash for this work, often accompanying people to their banks to “help” them withdraw the cash. Very rapidly, the customers would then discover that the five-year guarantee that he offered was worthless, and Coutts and their money had vanished. When it came to court, Anthony Rees from the NTS investigation team received a judge’s commendation for his work on bringing Coutts to justice, and Coutts himself received a prison sentence of five and a half years. That was a good outcome, but justice needs to be seen to be done.
It used to be the case that the staple content of local news media was the court reporter, who would take down a shorthand note of the remarks of a judge in passing sentence. However, local news media are in decline, and, even if they have reporters, often can no longer send them to the Crown Court to cover the end of anything but the most high-profile trials. However, it is important that not only such cases as the one I described but all of them are reported. First, the outcome of a case may provide some sense of relief and closure to those who have been exploited and victimised by the criminals. Secondly, the sentences handed down may be a deterrent to other potential scammers. Thirdly, the cases act as a warning to those who may be taken in by scammers such as Coutts, and they serve as a reminder that an offer which sounds too good to be true is almost certainly too good to be true. That is why I welcome the order introduced by the noble and learned Lord. However, I would like confirmation of three points from him.
First, will all such sentencing remarks in Crown Courts be recorded and broadcast in this way? Obviously, there will be an exception for those where the judge feels that it would not be in the public interest to report it. However, I am concerned that part-time recorders may not have their sentencing remarks broadcast in this way. If that is the case, can the noble and learned Lord tell us why, and when will it be extended to all criminal sentencing in Crown Courts? I hope that the presumption will be that this will soon apply to virtually all cases. Secondly, will the remarks be broadcast on the internet in a timely fashion on the day that they are made? Timeliness is important if the sentencing remarks are to be picked up by the news media. Finally, will judges be encouraged to provide enough of a summary of the case and the impact on the victims for the public who are listening to have a clear understanding of the offence committed, its seriousness and the reasons for the sentence passed? I look forward to the noble and learned Lord’s reply.
Lord Wei (Con) [V]
My Lords, I declare my interests as in the Lords register and thank my noble and learned friend Lord Keen for his eloquent introduction.
I welcome this move towards recording sentencing, whether online or for broadcast, especially in these times. It is wise, whether by accident or design, that this is being trialled quite extensively. It is true that we, as a people and as a nation, need to understand the law better, and the reasons decisions are made need to be explained more transparently. Although I have not worked in the judiciary, I had the experience of sitting on a jury in the Old Bailey just a few years ago, and I came away from it incredibly enlightened about and respectful of our system, which is one of the best, if not the best, in the world. I also came away with a much clearer understanding of the challenges faced by the police in particular. Apart from in court, they do not often get to explain their side of the story as regards the work they have to do to collect evidence and the hurdles that are sometimes there when it comes to prosecuting, based on lack of evidence or of the right kind of evidence; in that case it related to digital evidence.
Many citizens are expressing a sense of powerlessness, even in the last few days. That will only increase, and people may take matters into their own hands more often if they do not understand our system and cannot understand and see that justice has been done. A measure such as this one can help people to understand that there are processes for enabling the law to be put into action. By the way, delays in cases do not help. If you have to wait two years to see justice done, there may often be the temptation to take matters into your own hands.
I see this as all part of bringing into the internet age the legal system but also bringing about a better understanding of our ancient common law, which I admire greatly. It has been a great sadness to me to see in recent decades our system of common law, not just in the legal environment but in other, extra-legal areas, supplanted by what we might call a caricature of Roman law, whereby decisions are not always subject to jury, innocence is not always assumed before guilt and so on. Much of the technology world that I come from works on the principles of Roman law rather than common law. When the algorithm tells you that you cannot have a mortgage or cannot have a job, it does not always give you the reasons behind that decision and you are certainly always presumed guilty before innocent. If the computer says no, then it is generally a no. Educating people, including our tech entrepreneurs, about common law and natural justice is therefore important. I hope that this can be a way to ensure that our culture, our quangos and our code are defined in a way that is not Roman but based more on common law.
Like other speakers, I urge the Government to move faster and not just to use technology introduced in the past 20 or 30 years but to start to look ahead. I take note, for example, of the use of virtual reality. In Manchester, there is a collaboration between the University of Salford and the Manchester civil court to familiarise families and children with how the court process works using virtual reality so that it is not so scary for them when they enter court. I wonder whether this can be done by those who view sentencing, so that they can understand that a judge’s final decision is part of a long process that we should all be more familiar with than we are now.
I have a number of questions to ask and caveats to add. I worry about the risk of grandstanding by judges, especially in high-profile cases, and ask what guidance will be given to avoid that. If certain cases are not to be televised, how transparent will the decision be as to why a case was chosen to be televised or not? I am keen to understand whether we can learn in this House and the other House from the changes in the law that are required. Will judges be allowed to say, as they sometimes do, “The law needs to change in this area because it has tied my hands”? The link that used to be there when judges sat in the Lords previously needs to be re-established. Can it be created again through this process?
Finally, what measures are being taken to provide extra security to judges in case protesters leap into their place and incapacitate them to prevent them shutting down a broadcast? There may be a need to review this.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
I now call the next speaker on the list, the noble Baroness, Lady Jones of Moulsecoomb.
Baroness Jones of Moulsecoomb (GP) [V]
My Lords, it always delights me to hear my name mispronounced in so many different ways.
As a lay person, the broadcasting of sentencing remarks seems to me a welcome step forward in modernising the English courts system and increasing public awareness of justice issues. It is also important that the public be given the right information about why a particular sentence has been given to an offender. Too many cases are sensationalised in the media, giving an impression that sentences might be too short or too lenient, with no information given about the reasoning behind them. I agreed strongly with the dangerous radical on the Conservative Benches, the noble Baroness, Lady Anelay, and want much bigger steps to be taken in the future.
I have two questions. First, how will the Government work with the media and civil society to improve public understanding of justice issues, so that these newly broadcast sentencing remarks can be more fully understood by the public? The orders contain restrictions relating to the misuse of broadcasts, but can the Minister make clear how the Government will ensure they are not misused on social media—for example, by far right groups, who increasingly doctor and selectively edit such broadcasts to create a dangerously warped world view among their followers?
On the Court of Appeal broadcasting order, I welcome the extension. It is very timely.
I want to make some points on open justice in the age of Covid-19, because there are some areas where we are losing transparency and openness. For example, many court cases are taking place remotely at the moment. That represents a rapid modernisation in our justice system, which tends like the House of Lords to move and develop at a fairly glacial pace. However, unlike with physical proceedings, where members of the public can just turn up at a court and watch them, it has become much harder to join, whether virtually or in person. Many people have been trying to access remote proceedings as observers but have found it impossible. For example, some court websites direct members of the public to contact a judge’s clerk but provide no contact details, and instructions on how to contact the said clerk are also missing. What will the Minister do with Her Majesty’s Courts & Tribunals Service to uphold the principles of open justice and ensure that members of the public are able quickly and easily to observe remote proceedings?
Baroness Kennedy of Cradley (Lab) [V]
My Lords, I welcome measures that seek to open up our criminal justice system. I believe that the public want transparency and accountability; people should know how and why justice decisions are made. As many noble Lords have said, more accurate information in the public domain leads to greater understanding and, in turn, to increased confidence and trust in the system.
As noted by the noble and learned Lord, Lord Keen of Elie, in his opening remarks, public research for England and Wales carried out by the Sentencing Council last August showed how important it is to put in place measures to build public trust. It found that confidence in the criminal justice system was mixed and that only slightly more of the public were confident in the effectiveness and fairness of the system than were not. When asked about their views in general of sentencing, a minority said that sentences were about right, whereas most were likely to say that they were too lenient. Interestingly, the same research showed that, overall, the public get their information from the news and their engagement was high, with the majority of those getting their daily news from watching broadcast media news and current affairs programmes. These research findings therefore provide a supportive context for the orders before us today. It is evidence that more understanding of sentencing is needed to build confidence in the system, and that using broadcast as a way to achieve it is an appropriate response.
Allowing the public to hear judges’ sentencing remarks in Crown Courts, where they set out the full picture of the facts, the background to their decision and any mitigating or aggravating factors that framed their thinking, should help increase understanding of the sentence passed. Of course, even after hearing the judge’s remarks, there may be those who disagree with the conclusions drawn, but at least they are able easily to hear in full the rationale for the decision. I hope, too, that broadcasting rights will lead to fuller reporting of sentencing decisions and therefore more generally help to reduce uninformed or inaccurate comment.
As many have noted, judges may of course come under more scrutiny due to these measures and they will potentially be put in the public eye like never before. What measures or guidance will be in place to deal with personal and any unwarranted behaviour towards judges?
In the interim, I support judges having discretion to withhold consent for broadcasting, but I hope that permission to broadcast will become the default position. I am sure that cases will arise where this discretion is necessary, but will guidance be drawn up for its use and will the Government consider a review of the discretionary power after an appropriate time has passed?
Before closing, I want to make a broader point about the use of technology in our criminal justice system. At the start of the year, it would have been hard to imagine that our justice system could continue virtually, but it has. Weeks later, we have seen some cases where reporters have been able to join court proceedings via Skype or telephone, have instant message chats with clerks and receive documents digitally. Great leaps forward in the use of technology have been made at break-neck speed. Although the technology has not been without its problems, there are many examples of remote proceedings running smoothly.
At an appropriate point after this pandemic, will the Government review how technology has been used to keep our justice system turning over the past few months? Were the right technological solutions developed for different court settings? What worked well and what did not work at all? Essentially, will the Government assess whether the case has been proven during the lockdown that technology can be used to deal with cases faster, improve people’s access to justice and increase the reliability of data about the justice process and its outcomes? If so, how can we retain the best technological advances from the last few months to improve public transparency and accountability for the future?
I support these orders as measures to give our justice system greater transparency and accountability. They are long overdue and I agree with the noble Baroness, Lady Anelay of St Johns, that they are a modest step forward but a step forward none the less. They will help build public confidence and trust in our system.
Lord Bourne of Aberystwyth (Con) [V]
My Lords, I thank my noble and learned friend Lord Keen for presenting these orders so ably. Like other speakers, I support them strongly and, like some other speakers, I hope they lead to a further extension of transparency and provision of information, which would be very welcome. However, I agree with the noble Lord, Lord Thomas of Gresford, that the last consultation was some time ago, so it is all the more important that we subject the orders to appropriate scrutiny.
I therefore have some questions for my noble and learned friend. First, to what extent has his department consulted with the DfE about the importance of these educationally for universities and their appropriate use as we see more tuition online? No doubt we will see an extension of that in the post-Covid world. Secondly, I share some of the budgetary concerns—that there may be costs for courts in introducing this—and I would particularly welcome some reassurance that, if there are costs, they will be minimal. Thirdly, who will be able to take up these rights? The BBC, ITN and Sky certainly look as if they can, but how much wider will it go? I hope it will go more widely. Could my noble and learned friend explain how that will be brought about?
Like the noble Lord, Lord Reid, my noble friend Lord Wei and the noble Baroness, Lady Kennedy, I am a bit concerned about the potential security implications for judges. This would clearly involve costs and risks, so could my noble and learned friend say something on that as well? Linked with that, I am slightly concerned about the potential for celebrity judges. One great strength of our system in England and Wales, and in Scotland and in Northern Ireland too, is that our judges are anonymous. Long may that continue. We do not want a sort of Disneyland legal forum such as in the USA. What are we doing to ensure as we go forward with these proposals and the greater transparency, which I welcome, that we do not run the risk of celebrity judges—or, if we run the risk, that we counter it?
My noble and learned friend spoke about the pilots run in eight Crown Courts. Could he say a bit more about them? I have tried in vain to find out more about how those pilots have run and what we have learned from them.
In his introduction, my noble and learned friend talked about the fact that the judge’s decision as to whether proceedings could be broadcast was not appealable. I see a slight danger in that. Is that the case in every circumstance? There may be circumstances in which an appeal cannot be ruled out.
Most of what I have said applies in both the Crown Court and the Court of Appeal in relation to family law matters. I have two further points on that. First, in relation to the family law extension, the Explanatory Memorandum says that the parties may object to the summing up—the concluding remarks—being broadcast. What happens if they do? Does that conclude the matter such that they cannot then be broadcast, or is that just a consideration? Secondly, is there not a danger that some litigants would be put off proceedings by the thought of them being broadcast, even in a perhaps rather minor way in terms of exposure? If there is a danger of that, how do we counter it? I am sure that some thought has been given to this but would appreciate my noble and learned friend’s thoughts on it.
Subject to those concerns, to which I am sure my noble and learned friend has answers—to those that he does not as yet I would appreciate a response in writing—I am strongly in support.
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, I join in the thanks to the Minister for the way in which he introduced these orders, which I welcome. I agree that awareness of what goes on behind the courtroom door is pretty low in Britain as a whole. For many, it is influenced by what we see in courtroom scenes in film or on television. My favourite is “Judge John Deed”, which I think, or at least hope, is untypical of what really goes on behind the courtroom door.
As the Minister rightly said, these orders’ intention is to create greater transparency and openness in our criminal justice system. I welcome that. Broadcasting judges’ remarks on high-profile cases can offer an opportunity, albeit limited, to improve public understanding. As a Scottish Peer, I say to the noble Lord, Lord Thomas of Gresford, and others from outwith Scotland that the option to broadcast sentencing in Scotland has been available for some time, as the Minister knows better than anyone. Scottish judges have allowed cameras in courts several times in the past 20 years, since it was first allowed in 1992—mainly for documentaries, with footage heavily vetted.
An early example was in 1996, when Lord Ross allowed cameras to watch the sentencing of two armed robbers, which was a very good way of getting the message over, as my noble friend Lord Harris said. Another example is the 2012 retrial of the infamous Nat Fraser for the murder of his wife Arlene in 1998. It was filmed by Channel 4 and shown as “The Murder Trial” documentary in 2013. In 2012, legal history was made in Edinburgh High Court when David Gilroy became the first person convicted of murder to have his sentencing filmed for TV. This was the first time in a UK court that a sentencing was filmed for broadcast on the same day. As my noble friend Lord Harris said, that is important.
While broadcasting judges’ sentencing opens the courtroom to the public, there is a question of whether these orders go far enough to provide real transparency, as a number of noble Lords have said, as the showing of a judge passing a sentence is not fully representative of what takes place in a trial. While these orders are useful, I am sceptical that they will advance public understanding and knowledge on their own, as these remarks are likely to be taken completely out of context without the knowledge of what evidence has been presented in the trial for the judge to reach their decision.
That raises the question of how much we should open courts to the public and what the impact of such a move could be. I am not suggesting that we go as far as the United States, where live broadcasting transmission has presented some trials as something of a spectacle. A recent Netflix documentary, “Trial by Media”, demonstrated its influence in the United States in the past and the negative impact of the trials that are broadcast in full for everyone to see. It hampers the fair judicial process. Many cases have received so much media attention that they have been described as soap opera trials. This is highlighting extreme examples, but it shows what must be avoided when examining a broadcast system for judicial trials.
As I mentioned, Scotland has allowed sentencing to be broadcast for some time. Since then, work has been under way to implement the recommendations of a review that took place in 2015 into the broadcasting experience in Scottish courts. Key elements include the relaxation of the rules, including the broadcasting of civil and criminal appeals, and allowing the filming of some criminal trials for documentary purposes. Of course, as others have said, trials of a sensitive nature involving children or sexual offences are understandably excluded.
Since this review, an entire trial has been filmed—albeit with necessary edits to protect those involved—as part of a documentary called “Murder Trial: the Disappearance of Margaret Fleming”, which was aired in April this year. Importantly, this represents the first accurate and holistic depiction of a trial process, offering even greater transparency and openness.
With all that in mind, given the desire to create greater transparency and openness within our judicial system, are the Government planning to consider further options beyond this order for broadcasting in courts in England and Wales, as other noble Lords have asked? Specifically, will the Minister consider a similar review to that undertaken in Scotland? Having said that, I repeat that I support these orders.
Lord Marks of Henley-on-Thames (LD) [V]
My Lords, I have long argued for more broadcasting of court proceedings on the simple ground that open justice is generally better justice—a point endorsed by the noble and learned Lords, Lord Morris of Aberavon and Lord Thomas of Cwmgiedd. The noble Lords, Lord Reid, Lord Wei, Lord Foulkes and others have also eloquently emphasised the importance of the public understanding of the justice system.
We have long seen open justice as central to the rule of law and to our liberties, but, until recently, public access to proceedings was limited to the admission of the public to open court hearings and to their fair and accurate press reporting. In principle, I see little distinction between admitting the public to open court proceedings and permitting press reporting, and allowing broadcasting of those proceedings. I accept that there should be limits to broadcasting in the interests of justice, particularly to protect jurors and witnesses, including vulnerable witnesses in sensitive cases, from being inhibited or frightened. Nevertheless, I would argue that we can move, incrementally certainly, towards a more open system. These two orders take small but significant steps along the road to more open justice, and I support them.
On broadcasting judges’ sentencing remarks, we have all seen how, too often, public perception of sentencing is distorted by sensationalist coverage in the printed media. Broadcasting would increase awareness of the reasoning behind sentencing in particular cases—a welcome benefit. But I agree with the noble Baroness, Lady Anelay, and the noble Lords, Lord Harris and Lord Bourne, that we should go further, with pilot schemes and further consultation, as appropriate, in the future.
I agree with lifting the exception to broadcasting family appeals to the Court of Appeal. That is in line with the general recognition that family proceedings have been too secretive in the past and should be more widely understood.
Perhaps I may make a few further general points. First, the broadcasting of Supreme Court proceedings has clearly been a great success. In many cases, members of the public follow the argument in detail and with care. We have heard today from the noble and learned Lords, Lord Keen and Lord Garnier, who appeared in the Miller and Cherry cases on the unlawful prorogation of Parliament last year. Many who would have missed it without broadcasting will remember the decisive contribution that the noble and learned Lord, Lord Garnier, made to the argument in that case on behalf of Sir John Major.
For my part, I do not believe that the current blanket bar on broadcasting evidence in trials is supportable. It is permitted in a number of common-law jurisdictions to a greater or lesser extent: not only in the United States, where it is widely permitted, but—subject to limitations—in New Zealand, Australia and Canada. While I accept that there are risks in the unlimited broadcasting of lay witness evidence, I am unconvinced that expert evidence needs or ought to be similarly protected. There may be an important public interest in more scrutiny of expert witness evidence in securing genuinely impartial evidence that is less likely to be skewed in favour of their clients in a case.
More controversially perhaps, I also believe that the public have a right to witness first-hand the conduct of parties’ advocates and the reaction of judges to their conduct of litigation. When broadcasting cases was first mooted, there was much talk of a fear of counsel grandstanding for the camera. But we have seen little evidence of that in the Supreme Court and other appellate courts.
Finally, I would mention a little-noticed but significant effect of the coronavirus lockdown; this point was mentioned by the noble Baroness, Lady Jones of Moulsecoomb, and others including the noble Baroness, Lady Kennedy. Civil trials have gone ahead virtually, in accordance with paragraphs 8 and 22 of the Protocol Regarding Remote Hearings published on 26 March by the senior judiciary. Paragraph 8 says that
“remote hearings should, so far as possible, still be public hearings. This can be achieved in a number of ways:”
The third of those ways is
“live streaming of the hearing over the internet, where broadcasting hearings is authorised in legislation (such as the new s85A recently inserted into the Courts Act 2003).”
That section authorises video broadcast of proceedings, where the court agrees.
The protocol goes on:
“The principles of open justice remain paramount.”
I agree with that. During lockdown, I have conducted a High Court trial with a significant number of witnesses in accordance with that protocol. The trial worked well, although I agree with the noble Baroness, Lady Jones of Moulsecoomb, that such trials must not be difficult to access. Private evidence in that trial was kept private; the principle of open justice was maintained. I endorse it and suggest that it could be extended when we get back to normality.
Lord Ponsonby of Shulbrede (Lab) [V]
My Lords, I too open by thanking the noble and learned Lord, Lord Keen, who introduced these draft orders in his customarily thorough way. The first draft Crown Court order would essentially update the proceedings of the Supreme Court, which have been broadcast since 2009; some TV broadcast of the Court of Appeal has been possible since 2013. This order extends broadcasting to the Crown Court, where sentencing remarks may be broadcast by specified judges. It will be tightly controlled to protect the interests of victims and witnesses. The second draft order before us will enable the recording and broadcasting of appeals from decisions in family proceedings, which is currently not permitted by the 2013 order.
I support the two draft orders. They are a step in opening up justice to the general public, so that they can see the full explanation of the sentences given and the judgments made. They build on the positive experiences in Scotland and the pilot test, which we have heard about, in locations in England and Wales. It is right to give the public access to a broadcast of judges’ remarks, because it means that they will hear the whole of the remarks, unmediated by the interpretation of journalists or truncated because of a lack of time. It is likely that the cases broadcast will be of public interest. A full exploration of the aggravating and mitigating factors that led the judge to his or her final sentence, or whatever the order may be in a family case, is surely in the courts’ interests as well as the public’s.
However, I have some concerns about the vulnerable people who are very often involved in the court process. They may be victims, witnesses or children; they may be people with particular mental health concerns. It is important to protect their interests and privacy. I remind the House that I sit as a magistrate in adult, youth and family courts in London. Youth and family courts are of course not open to the public.
I remember a discussion with a BBC TV producer who sat in on one of my family court sessions. She attended that session with a view to assessing whether it would be possible to make a series about the work of the family court. This producer was very candid; she explained to me that it would be difficult to make such a TV series because she would be unable to broadcast anything that led to the identity of the children being revealed. She said—very candidly, as I say—that abstract points of law are of much less interest to the public than real-life human dilemmas and problems. I do not know whether the series was made, even though the BBC producer said that she could see how interesting and important the process was to the families concerned. So a balance needs to be struck between publicising the work of our courts and protecting the interests of those who find themselves caught up in the court process.
I think all noble Lords who spoke did so in support of the orders. For some, this is, in the words of the noble and learned Lord, Lord Thomas, just a “toe in the water”. A number of noble Lords, including my noble friends Lord Harris and Lady Kennedy, were hoping for a greater opening up of the process, which I support as well. My noble friend Lady Kennedy made an interesting point about reviewing the technologies being used at the moment. I have taken part in a number of remote hearings over recent weeks, in both criminal and family courts. A lot of issues are raised; it is very interesting. I hope that the Government are reviewing the use of technology; I know that the judiciary is. Some of it is an improvement in the process; some leaves questions to be answered.
I support these orders. I hope that, in his reply, the Minister will address the issues which have been raised constructively.
Lord Keen of Elie [V]
My Lords, I thank noble Lords for their contributions to this debate. The noble and learned Lord, Lord Morris of Aberavon, was quite prescient when he described these moves as a “toe in the water”. That point was supported, or commented on, by a number of noble Lords. We are proceeding here very carefully. On that point, I will address some of the observations of the noble Lord, Lord Thomas of Gresford. He talked about there having been no consultation since 2005, and the need for this. With great respect—this point was made by the noble and learned Lord, Lord Thomas of Cwmgiedd —we have been informed in the development of these orders by the work that has been ongoing since 2013, with the introduction of the means of live streaming into the Court of Appeal, and 2018, with the pilot. It is not as if we have approached this cold. Regarding the matter of costs which the noble Lord raised, these will be borne by the broadcaster who seeks to broadcast the relevant sentencing provisions under the Crown Court order. We have already established a live stream of non-family business in the Court of Appeal on a YouTube channel. There will be a process by which broadcasters can seek permission to broadcast from that.
My noble and learned friend Lord Garnier raised a number of points, with particular reference to the provisions in the Crown Court order. There will be a list of permitted broadcasters, approved by the Lord Chancellor. The BBC, ITV, Sky and the Press Association will receive permission. It could be withdrawn at some point in the future, but I do not understand there to be any time limit to it. Thereafter, it will be for the judge sitting in any one case to determine whether he will permit broadcasting of his sentencing remarks. He will not do that on behalf of any other judge or court. His determination will not be liable to appeal; it will be a final determination. Making an application will be an administrative process that the broadcaster will carry through by way of a written application, for which there is no charge. There will then be a decision on a case-by-case basis.
The noble and learned Lord, Lord Thomas of Cwmgiedd, outlined that it is already the practice for written sentencing guidelines to be available, and they have greatly assisted in the sentencing work of the criminal courts. He made three observations: that this is a complex area, and I agree; that there has been consultation, and, again, I agree; and that a number of safeguards have been developed in the light of our experience, particularly since 2013, to guide us with respect to both the Crown Court and family cases in the Court of Appeal.
The noble Lord, Lord Reid, and a number of other noble Lords raised the question of potential adverse consequences for judges from this process. That has been considered, and the view of both the Government and the senior judiciary is that there will not be any significant increase in such consequences. Of course, judges can already come in for criticism of their sentencing decisions. They are well able to deal with that and they have broad shoulders, but we do not consider that there will be any significant adverse effects as a result of this process.
My noble friend Lady Anelay of St Johns was one of the speakers who felt that the reach of the orders was perhaps too limited. We have developed them in the light of experience, particularly since 2013. We are moving carefully in this area and at present we do not have any intention to extend these provisions beyond the current orders. The decision with regard to the Crown Court order that permission should be available only from a High Court or senior circuit judge was arrived at after consultation and discussion with the senior judiciary, who felt that this was the appropriate way forward at this time.
The noble Lord, Lord Harris of Haringey, encouraged the idea of providing more than just the sentencing guidelines when broadcasting and mentioned the need for immediate attention to what is going on. Where a broadcaster seeks to broadcast in the Crown Court, I cannot say that that will be done live. There might be exceptional cases where it occurs, but I suspect that they will be unusual. One cannot anticipate the speed with which a recording of such a sentencing event would be broadcast, although one would have thought that it would have limited public impact if delayed for long.
My noble friend Lord Wei raised a number of points, the first being the risk of grandstanding by judges. I cannot imagine that any such thing could ever happen, and I do not believe that we need to guard against that in the present context. He also raised the question of security. There is a 60-second delay in the live stream so that it can be shut down if there is an extraordinary or outrageous event in the court. That has never been required but it has been tested on a number of occasions and has been found to work.
The noble Baroness, Lady Jones, asked how we can improve public awareness. I agree that that is important, but I suggest that these are small steps in the right direction. She also asked how one regulates against misuse of the material. Of course, the contempt-of-court process is there for that purpose, and we can police the use of this material in just the same way as when it is recorded in the written press.
The noble Baroness, Lady Kennedy, raised the question of guidance on the behaviour of judges. There are sentencing guidelines that the judiciary is obliged to follow when applying these matters. Over and above those, there have from time to time been cases—they were mentioned during the debate—where the Lord Chief Justice and the Court of Appeal have indicated how these matters should be approached by the judiciary.
My noble friend Lord Bourne raised a number of questions, and I shall touch upon them briefly. I am not aware of any consultation with the Department for Education, although I note that there may be a point to be considered there. As regards costs, they are essentially minimal because the broadcaster will provide the cameraman and the camera, and there will be only a single camera for this purpose. As to who will take up the rights to broadcast, I think I mentioned who the permitted parties are going to be. My noble friend also mentioned security, which I hope I have touched upon, and the need for guidelines for judges. There are sentencing guidelines. I emphasise that the decision of the trial judge to allow or not to allow broadcasting will not be appealable.
My noble friend raised two points on the extension of Court of Appeal broadcasting to family cases. Parties may object, but that objection will be a consideration, not a determination of any application. He raised the question of whether litigants might be put off by the prospect of broadcasting. That is something that we have considered and we do not consider that that would be a material issue. Of course, any litigant’s case that would go to the Court of Appeal would be heard in public, and we do not believe that the element of broadcasting that is being extended here will give rise to any real difficulty.
The noble Lord, Lord Foulkes of Cumnock, pointed to the experience in Scotland, which has been instructive. He asked whether we would consider further broadcast options. I have to emphasise that that is not our present intention. I note that the noble Lord, Lord Marks, would like to see us go much further so far as remote hearings are concerned. That is not something that we intend to pursue at the moment.
I will take up one or two further points about vulnerable persons. This is clearly a material consideration. Witnesses’ and victims’ concerns have to be taken into account in approaching this matter, and we have sought to ensure that there are appropriate safeguards in place for the fairly limited steps we are taking in these two orders.
I hope that that largely covers the points that were raised by noble Lords and noble and learned Lords in the debate. I hope noble Lords will agree that these instruments are an important, necessary and, I would say, sensible and proportionate next step in ensuring that our courts are open and transparent. I observe that we are learning from the Covid experience of carrying on court processes remotely while ensuring that there is public access to those processes. We will continue to learn from the steps that are being taken. In the circumstances, I commend these draft instruments to the House.
Court of Appeal (Recording and Broadcasting) (Amendment) Order 2020
(3 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie
That the draft Order laid before the House on 12 March be approved.
Arrangement of Business
The Deputy Speaker (Lord Alderdice) (LD)
My Lords, a limited number of Members are here in the Chamber, respecting social distancing, and if the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally, wherever they are. For Members participating remotely, microphones will unmute shortly before they are to speak—please accept any on-screen prompt to unmute—and muted after each speech. I ask noble Lords to be patient if there are any short delays as we switch between physical and remote participants. I remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.
The regret Motion in the name of the noble Lord, Lord Hunt of Kings Heath, will now commence. The time limit is one and a half hours.
National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2020
(3 years, 10 months ago)
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Lord Hunt of Kings Heath
That this House regrets the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2020 (SI 2020/469) and the lack of a long-term plan to ensure the financial sustainability of care homes.
Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee
Lord Hunt of Kings Heath (Lab) [V]
My Lords, the care sector has never been more in the eye of the storm than during the Covid-19 pandemic. I pay tribute to all in the sector for the care they have given to so many people, under huge pressure and at no little risk to the workforce. As my mother is in a care home, my tribute is personal and based on first-hand experience.
There is no denying that care homes have been dealt a poor hand during the crisis, which unfortunately is consistent with the long-standing neglect of the sector. We must do better and ensure that as we come out of the crisis, we bring long-term sustainability to care homes and peace of mind to those who live in them. This SI does not aim to do that. None the less, I welcome the proposed increase in the rate that the NHS pays to care homes to cover the cost of services carried out by a registered nurse.
The new rate follows a Supreme Court judgment in Wales, with implications for England. It has also been influenced by a challenge to the 2019-20 rate and the 3.1% efficiency gain assumed within that rate. The 2019-20 rate was subsequently revised and the rate for 2020-21 is built on that revision. Can the Minister explain what efficiency rate had been built into the new rate and whether it is realistic to expect care homes to meet those efficiency savings at this time, when their costs are going well above the inflation rate?
This is borne out by many in the sector. As Richard Adams, the chief executive officer of Sears Healthcare, a small group of care homes, reported to me:
“We are seeing people coming into our nursing homes much later in their life course. Their health care needs are multiple and complex and require very specialised nursing care in order for them to be able to continue to live and to die well.”
Unfortunately, there is very little recognition of this in the contract arrangements in place with clinical commissioning groups. Will the Minister review these contracts and ensure that care homes are adequately recompensed to provide this type of care?
Of course, care homes were already under significant pressure when the pandemic hit us. Covid-infected patients were moved from NHS beds with no consideration of whether the care homes they were sent to would be able to cope. The care sector was clearly a long way down the chain of command, as illustrated by the lack of priority given to it in relation to PPE, testing and the recording of deaths. The absence of reliable figures for deaths in care homes for many weeks was indeed telling.
At times the care sector felt deserted by the Government. The Association of Directors of Adult Social Services has said that the national handling of protective equipment for care workers was “shambolic”, with early drops of equipment “paltry” and more recent deliveries “haphazard”. Martin Green, the CEO of Care England, put it even more explicitly:
“From the start the NHS was prioritised … PPE was redirected away from care homes ... There was a clear instruction to empty hospitals in March to send people to care homes despite no testing for infection.”
When it comes to funding, £3.2 billion has been made available for local authorities to help respond to the Covid-19 pressures across all services, including adult social care, but a report from Care Providers suggests that funds are not making it to the front line in some areas, with learning disability services facing particular problems. As Care England has documented, overheads are rising as occupancy falls, with serious cash-flow implications. There is a risk that providers may become insolvent and collapse, or alternatively raise fees considerably. Over the weekend Age UK reported that some residents were paying a Covid-19 surcharge of up to £150 per week to cover extra costs. Does the Minister agree that this is a massive hike, and that it is unfair as self-funders are in effect subsidising council-funded places?
Richard Adams of Sears Healthcare has stated
“Future funding agreements for social and nursing care must include provision increased costs associated with … Purchasing additional PPE … health surveillance activities … Increased costs incurred by the need to flex staff in order meet the requirements of any self-isolation … Increased training costs in relation to infection prevention and control, correct use of PPE and outbreak management.”
Does the Minister accept this?
I am afraid that the experience of care homes in the last few months reflects the neglect that the sector has long experienced, and it is a damning indictment of this country’s failure to provide a solution to the funding of long-term care. We are in a vicious cycle: after decades of reviews and failed reforms, the level of unmet need in our care system increases, the pressures on unpaid carers grow stronger, the supply of care providers diminishes and the strain on the care workforce continues—and that is before the new immigration controls are imposed on so-called low-skilled workers at the end of the year. I want the Minister to say tonight whether the Government will soon publish their proposals to deal with the long-term challenge.
I thought Philip Collins put it very well in the Times on 14 May when he wrote:
“There are three ways to fund social care. We can wrap it into the NHS and fund it through general taxation, or perhaps a hypothecated levy. We can ask the individual to pay, drawing on savings which might be mandated through a social care auto-enrolment scheme or equity released from the family home. Or we could do some combination of those two options, which is what Dilnot suggested all the way back in 2011—the individual pays”
up to a certain level
“subject to means, and then the state steps in.”
Are the Government prepared to come forward with a concrete proposal? I certainly hope so. Fudge it, delay it, and we will continue to fail to deal with the fact of ageing and consign millions of people to a worrying and often miserable old age. We can and surely must do better than that. I beg to move.
Baroness Altmann (Con) [V]
My Lords, I welcome the opportunity to debate the social care sector, and I welcome the increase in rates that the NHS and CCG commissioning authorities will pay for nursing care. I congratulate the noble Lord, Lord Hunt, and echo some of his comments about the sector. What assessment have the Government made of the financial stability of firms promising to house the most vulnerable elderly citizens of our country for the rest of their lives? Is the department looking into the financial strength of care providers, with a view perhaps to reforming how they are funded?
The Centre for Health and the Public Interest’s 2019 study of 830 adult care homes found that 18 of the 26 biggest providers had corporate structures that separate the firm running the home from the ownership of the buildings, representing an estimated £1.5 billion of leakage in fees to pay interest, profit or rent. For the biggest five private equity-owned providers, the cost of debt per bed represented 16% of the weekly fee.
These operators are highly geared with expensive debt, following a number of corporate transactions that would not be permitted in many other areas. If you promise to pay somebody an annuity for the rest of their life, there are strict financial reserving requirements to back that, but it seems that when operating a care home, there are no such financial requirements. Indeed, there is a precarious position, particularly after the recent crisis, because care home operators were not paid enough to cover the costs of keeping people in their care home by local authorities, and therefore private payers—self-funders—had to cover the underpayments.
Is my noble friend aware of the recent study which showed that councils were paying private providers less than £500 per week, but that in the same local authority commissioning groups were paying £720 per week for a home run by councils? Therefore, there are significant differences in the amount that councils will pay for the same type of care. The regulator is supposed to ensure that council commissioning offers fair rates to care providers, but they are now struggling to make ends meet, particularly with the extra costs of PPE and so on forced on them by this crisis. Could my noble friend comment on this situation?
Baroness Barker (LD) [V]
My Lords, these fees are a perfect encapsulation of the disparity between health and social care. Prior to the emergence of Covid, the social care sector was in crisis. Since 2010, local government finance has reduced by 50%, but statutory responsibilities have not. Local authorities have had staff reductions, to the point where there are senior directors, front-line staff and very few people in between.
On 25 February, the Department of Health and Social Care guidance told local authorities:
“It remains very unlikely that people receiving care in a care home or the community will become infected … There is no need to do anything differently in any care setting at present.”
On 14 May, the Health Secretary, Matt Hancock, stated that
“right from the start we have tried to throw a protective ring around our care homes.”
The public response was incredulity, because by that time there had been 10,000 deaths in care homes in England and Wales, according to the ONS—a quarter of all deaths. I repeat the statement from Martin Green, chief executive of Care England, who asked to
“see the evidence of what exactly the protective ring consists… and when exactly they instituted this protective ring”,
asked why
“we had our PPE distribution networks disrupted to send things to the NHS”
and
“why we had our primary care support withdrawn from many care homes?”
Why are they still waiting for it?
On 18 May, in their Covid recovery strategy, Our Plan to Rebuild, the Government pulled another fast trick. On clinical support, the strategy states that
“the Government is accelerating the introduction of a new service of enhanced health support in care homes from GPs and community health services, including making sure every care home has a named clinician to support the clinical needs of their residents by 15 May.”
But that should have been happening already under various pieces of legislation. In truth, the NHS abandoned care homes at their point of greatest need. Nevertheless, I ask the Minister: what progress has there been towards that 15 May deadline?
It is time for the Government to stop announcing new responsibilities for local government and start listening to local authorities about what they need central government and the NHS to do, so that there can be a joint strategy to manage Covid and its lasting impact on communities. Inadequate testing, little tracking and no isolation means that care homes will not be ready to withstand a second spike. They simply will not be able to provide what these older people desperately need.
Baroness Watkins of Tavistock (CB) [V]
My Lords, it is a pleasure to contribute to this debate in the name of the noble Lord, Lord Hunt of Kings Heath, on amendments to the NHS commissioning rates for the provision of NHS-funded nursing care to eligible residents in nursing homes. I declare my interests as outlined in the register, in particular as a registered nurse myself.
Prior to October 2007, there were three rates for NHS-funded nursing care, which were replaced with a single band for all newly eligible residents. The small number of residents who had been in receipt of the former higher band, prior to September 2007, have been protected and will continue to receive the higher band, unless their needs reduce. Therefore, the statutory nursing care funding for the majority of those entitled has increased to £183.92. This came into force on 20 May and will be backdated to 1 April. This is welcome.
The increase reflects the recommendations of an independent study produced by LaingBuisson into the 2019-20 rate. However, the research was conducted between November 2018 and February 2019, before Covid. Therefore, the report does not appear to take into account the increased cost of PPE equipment and the nursing time associated with its use in nursing homes. However, PPE is essential to prevent the transfer of Covid-19 in nursing homes; as we know, their residents are particularly vulnerable to severe problems when infected with the virus, including in many cases, sadly, loss of life.
I understand that the proposed uplift will be dealt with by NHS England and NHS Improvement. Will the Minister clarify whether additional funds will be made available to CCGs to fund the increase in nursing care payments, or will it have to be funded from this year’s allocations to CCGs? Will the Minister also explain whether there are any plans to fund CCGs to make additional payments to nursing and care homes for the additional costs of PPE equipment and staff time associated with both the changing and using of PPE for nursing and personal care work undertaken by staff for residents—for example, to include the changing of urinary catheters and stoma bags?
I welcome the uplift in the rates for nursing care, but, in the absence of a long-term plan for funding care provision in residential homes, ask whether Her Majesty’s Government should make further extra financial provision, for at least the next year, to ensure the safe and effective use of PPE to protect residents in the light of the number of deaths in care and nursing homes attributable to Covid-19.
Baroness Healy of Primrose Hill (Lab) [V]
I thank my noble friend Lord Hunt for securing this timely debate. I absolutely agree that the long-term sustainability of care homes must be a priority for the Government both now and in the future. When will the long-promised Green Paper be published?
The pandemic has shone a fierce light on the lives of those dependent on social care. The public now understand the heroic work done by care staff, who must be rewarded with decent pay, security of employment and proper protection, with adequate PPE and access to regular testing. Can the Minister confirm that every care home has now received adequate testing kits, as promised by the Government, and can he assure me that these will be provided on a regular basis for all, with a guaranteed 24-hour turnaround time for results? Martin Green, chief executive of Care England, is clear:
“As the lockdown starts to ease … You’re going to have to have testing on a very regular basis. You might be having to test once a week in care homes.”
The Economic Affairs Committee’s radical report, Social Care Funding: Time to End a National Scandal, is still awaiting a government response. It calls for an additional £8 billion for adult social care immediately just to return it to the 2009-10 standards. Published before the pandemic, the report proved prescient by calling for proper investment in the care workforce, with a career structure which better reflects the skills required to be a good care worker and the social importance of the sector. Investment is essential now before a second surge. The Government must learn lessons from earlier mistakes and ensure that the social care sector can better protect its residents. Age UK says that residents are being charged to pay for PPE, as other noble Lords mentioned. Can the Minister confirm this?
The Health Secretary’s claim that he threw a “protective ring” around care homes already lacks credibility when research by LSE estimates that 22,000 “extra” deaths have occurred in care homes during this pandemic period. Many senior care industry figures have pointed to the decision to move some hospital patients back into care homes in mid-March, when testing was not available to them. Figures released by NHS England show that 25,000 patients were moved from hospitals to care homes between 17 March and mid-April, when the guidance formally changed to ensure that testing took place. Can the Minister confirm that, in future, no patient will be returned from hospital to a care home without being tested first?
Covid-19 has taught us important lessons about what matters and who we should value: not only our own families but those who care for them so bravely.
Baroness Tyler of Enfield (LD) [V]
My Lords, I too support the long-overdue pay increase for nurses working in the social care sector. I also strongly support the regret Motion tabled by the noble Lord, Lord Hunt, who is right to draw attention to the financial instability of this deeply fragmented sector.
There are approximately 15,000 care homes in the UK, with more than 400,000 beds, run by approximately 8,000 providers. Some are very small; others provide a large network of homes. It is a mixed economy: 84% of homes are owned by the private sector, including some that are owned by private equity firms, both British and offshore; 13% are owned by not-for-profit organisations; and 3% are owned by local authorities. Funding comes from a mix of private funders, local authorities and the NHS. Despite this funding mix, care homes have been hit by a decade of cuts in social care funding. An FT investigation last summer revealed:
“Britain’s four largest privately owned care home operators have racked up debts of £40,000 a bed, meaning their annual interest charges alone absorb eight weeks of average fees paid by local authorities on behalf of residents.”
Many have argued that this debt-laden model is completely inappropriate for social care, as is one that involves paying large dividends to investors.
Many homes are already running close to bankruptcy and have expressed grave concerns about the spiralling costs of PPE and extra agency staff, as well as lost income from empty beds. It has been estimated that when bed occupancy rates slip below 87%—as many have now—operating surpluses are such that many smaller care homes quickly become unviable, particularly those with greater reliance on state-funded residents.
This virus has brutally exposed systemic weaknesses in our social care sector. The latest official figures show more than 12,000 Covid-related deaths of care home residents in England and Wales, but it has been estimated that the true figure, calculated by looking at excess deaths of care home residents in the period, could be double that. According to a recent poll, one-third of people say that they are less likely to seek residential social care for their relatives or as a future option for themselves. This brings into very sharp relief the respective responsibilities of central and local government if care home owners go under financially or simply decide to shut up shop and hand back the keys. Simply put, who is the provider of last resort?
Tellingly, that poll also revealed that the vast majority of respondents want care workers to be paid above the minimum wage. If this pandemic has revealed one thing, it is that we can no longer kick the can down the road but must take advantage of the growing public and political consensus that social care should be free at the point of need, funded largely out of taxation. There are, of course, a number of ways of doing this: general taxation, hypothecated tax, or some form of social insurance. This needs to be at the nub of both the political debate and a grown-up national conversation.
Lord Sheikh (Con) [V]
My Lords, I will talk about the financial aspects of the care home industry, and what needs to be done after the pandemic to ensure its sustainability.
There are more than 420,000 people in care homes; there are more than 22,000 care homes; and the industry generates an annual income of about £15 billion. I pay tribute to the industry, as it has performed well under the circumstances during the pandemic. We need the sector to be stable, as we have an ageing population and some people have health issues. Care homes are of varied sizes. The smaller companies are normally well managed, particularly if there is involvement by the owners. My suggestion to them would be to curtail their borrowings, be cost effective and, importantly, have adequate reserves. In my business, I have always had adequate reserves. My concern is with the larger companies, which are making over £1.5 billion in profits, with considerable amounts going to hedge funds. There may be complex intercompany structures. It is estimated that a high percentage of the care home industry’s £15 billion income is leaked and goes towards the payment of rent, dividends, loans and directors’ fees, not towards front-line care. The situation is opaque and there is reluctance to inject money into the sector, as there may be structural complexities.
Despite the high income generated by the industry, the staff are among the lowest paid workers, with a high turnover. It is hoped that the more money that goes to front-line care the better paid the staff will be. In the last 10 years, Southern Cross and Four Seasons have failed. I worry that there may be other problems post pandemic. The care home sector’s revenue comes from local authorities, the residents and the Government. The weekly amount payable per resident is normally between £600 and £800, and the NHS will pay £183.92 or £253.02 per week for nursing care in eligible cases. As there is a contribution from the state, there needs to be transparency and accountability and we must ensure financial stability. We should, therefore, perhaps consider some form of legislation to achieve this.
Finally, my own business—insurance—is properly controlled and regulated. Would my noble friend the Minister like to comment on the issues I have raised?
Baroness Jolly (LD) [V]
I too support this Motion and thank the noble Lord, Lord Hunt, for tabling it. Will the Minister explain how the 11% increase to nursing rates was determined? What consultation was held with the care sector and the NHS to determine the increase?
This SI is very straightforward and limited but, pandemic aside, it is tabled at a time of huge turmoil and instability in the sector. We all know about the issue in some care homes of private patients subsidising those supported by their local authority, either in total or in part. We know this is not fair. As my noble friend Lady Barker said, local authority funding should be adequate.
The real scandal laid bare by the Covid-19 epidemic is the delay of the care Green Paper and the lack of certainty for the sector, which was struggling financially before the pandemic. The financial model is broken. Can the Minister tell the House when this paper will be published? Its working group members are England’s experts on the subject, there have been cross-party talks about it and Prime Ministers Theresa May and Boris Johnson promised it, so when will it be published? The delay is a scandal. I feel sure the Minister will tell the House that the answer is “later”. That is always the answer.
For weeks we applauded NHS and care workers every Thursday evening to say thank you, and no one can be in any doubt about their commitment and the lengths to which many go to ensure care for those in their charge. Not many workers paid only the basic minimum wage would move into their workplace for weeks to guarantee the safety of those in their care. The professionalism shown by care workers from the UK, the EU, the Commonwealth and elsewhere is exemplary.
How would the Minister fill the places left by departing EU staff if the door to their entry were closed by the Home Office setting a salary requirement of over £30,000? The Home Secretary has suggested that we could recruit by appointing British workers, yet for the last year or so unemployment has been hovering down around the 4% mark and supermarkets pay the same sort of rate for less worry and 5% off grocery bills.
Care workers should have recognition as a profession in England. In Wales and Scotland they are regulated and professionally acknowledged. In Scotland they were given a pay rise of 3% for their work during the Covid-19 pandemic. I am sure the Minister would at least wish for parity for English care workers, as well as their recognition as professionals with their own professional body. Can he outline the Government’s thinking on care worker regulation?
Lord Holmes of Richmond (Con) [V]
My Lords, I thank the noble Lord, Lord Hunt of Kings Heath, for tabling this Motion. Covid is a callous killer for which we currently have no cure. I take a moment to offer condolences to the families and friends of all those cruelly taken from us before their time and offer a large salute and enduring debt of gratitude to all our care and front-line workers in health, supermarkets and across the piece. We owe them an enduring debt of gratitude.
Has the Covid crisis revealed the issues there are with the current CCG structure? Does my noble friend the Minister believe it is time to review the whole nature of CCGs and commissioning within health and social care, with everything possible for review laid out on the table? Does he agree that our right honourable friend Jeremy Hunt did a great service to the nation in bringing health and social care together in one department? Does he also agree that it is a pity our right honourable friend Jeremy Hunt ran out of time in getting that resource to deliver some sense of parity for social care, alongside health?
In 2017 the former Prime Minister, Theresa May, laid out in the Conservative manifesto a plan for social care. It was roundly rejected by the electorate. Was she politically naive? I do not think so—she was clear, upfront and honest. The fact of that rejection should be considered by everybody, because it leaves us in the situation we are still in, as has been said by previous speakers, years after the Dilnot review. When is the Green Paper likely to be published? How do we get to a position in which we can have that parity between health and social care across the country?
Lord Mann (Non-Afl)
My Lords, the Government have a great opportunity because the public mood, as I judge it, is that the time for some coherent change is now. I think that the public would be prepared to pay that bit more to underwrite the changes that would guarantee the system.
There seems to be a growing consensus across parties that a significant amount of extra money will be needed. I am sure that there are plenty of arguments about where precisely that will come from, but I want to address where it goes. Nothing has frustrated me more over the last 20 years than seeing this disparity between the NHS and local authorities. Care for the elderly, as defined by care homes, has to be the provenance of the NHS. It is absurd that someone having to be released into a care home by a hospital, because they are not capable of living in their own property—whether owned or rented—and require additional support, is a health decision.
We are missing some obvious tricks. Where I live, housing is dealt with by the district council, social care by a county council. Our CCG is coterminous with the district council. What ought to happen is agreement on funding so that the district council builds housing for what I have in the past termed intermediate care. It must be housing that is fit for purpose so that people significantly delay going into a care home. It is supported living.
It is undeniably the case where I live is that old-style council bungalows—two bedrooms, very simple, very small, with a tiny garden, semi-detached or in blocks of four—are the most popular. Why? It is because they are the cheapest to live in and heat, and the easiest to clean, maintain and grow old in. If they were all fully adapted, people would be able to live in them for even longer. Families can and would want to give that support in the vast majority of cases. That is a form of care home, but I have seen so many people put into institutions when they would have thrived far more with a level of independence, if the system had allowed it.
Baroness Pinnock (LD) [V]
I support the increase in pay for nurses working in the nursing sectors of care homes and, indeed, the Motion tabled by the noble Lord, Lord Hunt. Care home staff also need an increase in pay. There is a significant annual turnover in care home staff and a consequent reliance on agency staff. Many homes depend on staff from EU countries, who are less likely to be available from 2021. Both these factors point to a need for better pay for care home staff. The focus on care homes and the amazing commitment of care staff during Covid-19 has shown us all how much the country depends on them.
Care homes are under enormous financial pressure, whether they are run by charities or for profit. A report released last week by the Directors of Adult Social Services, the Care Provider Alliance and the Local Government Association estimated that care homes need an additional £6.6 billion to meet the costs of Covid-19 by September. Further, the tragically high number of deaths in care homes as a result of discharging patients from hospitals back to their care homes without being tested for Covid-19 has resulted in residential places remaining vacant. The Government have given councils £3.2 billion to fund the additional services needed, including, but not exclusively, for increasing care home fees. Using this funding, councils have indeed increased the standard rate for care homes where they fund residential places, but clearly it is nowhere near enough to bridge the gap. Can the Minister confirm that additional funding will be made available to local authorities to underpin care home finances and prevent many of them closing their doors?
There is a desperate need to resolve how residential care is funded. The consequence of constantly kicking this difficult issue into the long grass is the crisis now unfolding. For too long the care of vulnerable adults has been in the shadows. Covid-19 has thrown a spotlight on how we as a society absolutely rely on care homes for the care provided. Too many care staff and residents have died unnecessarily. Perhaps we will all now recognise that care home lives matter too.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, I thank the noble Lord, Lord Hunt of Kings Heath, for his Motion and express the Green group’s strong support for it. “Regret” is the right word to use when we are talking about policy around care homes and funding. Indeed, it is rather like the rotten onion that you find neglected at the bottom of the sack. When you peel it, the centre is rotten and the tears are flowing. This is a great gaping hole of unmet needs and human suffering.
I am picking up on points made earlier by the noble Baroness, Lady Tyler of Enfield, and the noble Lord, Lord Sheikh, about the 84% of care homes which are privately owned and what you find when you peel back the layers of that. I first got interested in these issues in 2016 when I read a brilliant report by the Centre for Research on Socio-Cultural Change called Where Does the Money Go? Financialised Chains and the Crisis in Residential Care. It exposed for the first time to full public view the way in which large numbers of care homes are owned by offshore-based companies with complex financial structures which extract 12% or even more annually in effective profit, however it is structured, while ensuring that little or no tax is paid and loading companies up with debt. All that provides care of a sort for our most vulnerable and often frail citizens while the work is done by lowly paid and often insecurely employed staff, treated with scant respect.
It is worth peeling into the onion and looking back to where this started in the 1980s. Until then, the UK had been a world leader in the provision of care, particularly for older people, but the NHS started to withdraw from that, leaving it to charitable and then for-profit providers. Some of the move had good intentions to allow people to live in the community, but the effect was a massive privatisation. The number of private residential homes rose from 44,000 in 1982 to 164,000 in 1994, almost quadrupling in little more than a decade. This shifted the costs of ill health and frailty on to individuals.
Now we have coronavirus, and again we have care home owners saying that they cannot afford to pay the costs. Is the Minister looking into what is happening and where the money is going now? Is 12% still being taken out? Are the Government looking for an entirely new, different, non-privatised, non-financialised structure?
David Lloyd George said:
“How we treat our old people is a crucial test of our national quality.”
We are failing the Lloyd George test for our elders and many other vulnerable citizens very badly.
Baroness Wilcox of Newport (Lab) [V]
My Lords, as my noble friend Lord Hunt said, if nothing else comes out of the current crisis, we must have a plan to bring long-term sustainability to care homes and peace of mind to those who live in them.
In February, I noted in my maiden speech to this House that the Prime Minister had announced last August that he intended to,
“fix the crisis in social care once and for all, and with a clear plan we have prepared to give every older person the dignity and security they deserve.”
This bold assertion was shortly followed by a slightly less-than-firm assurance, as he appeared to back-track on this plan—as indeed he has back-tracked on so many important matters in recent weeks and months during this public health crisis.
In August 2017, when I led the WLGA, Welsh councils won a legal dispute over who paid for nurses delivering social care in residential homes in Wales, as the Supreme Court ruled in our favour. At the heart of this decision was a grey area where, in the absence of a definitive legal position, two different systems had attempted to come forward with their own distinct interpretation of the law, and the Supreme Court ruling had wide-reaching effects across the UK. However successful we were at the time in securing health funding for healthcare in our care system, this pandemic has served only to exacerbate several underlying problems with the system as a whole, and none so important as sustainable funding for social care, now and in the future.
Wales cannot wait for the UK Government’s proposals on social care. Social care is under pressure from a squeeze on funding, an ageing population and a high staff turnover. The state spends about £1.2 billion on adult social care every year in Wales. In a statement three months ago in the Senedd, the Health Minister said that the cost is predicted to grow between £30 million and £300 million by 2023—and that is before the costs of the implications and aftermath of the pandemic are included.
A consultation on possible reforms to social care is due to start this summer, and the Welsh Government will call for honesty and a grown-up debate on increasing care costs. I recommend to the Minister that the UK Government incorporate a similar honest debate on the long-term financial sustainability of care homes.
Finally, I am very pleased to support the First Minister’s initiative that, in Wales, care home staff will get a £500 bonus as a recognition of the incredible work that they have done during this crisis. Mark Drakeford said that this payment recognises the tremendous dedication of the tens of thousands of social care workers throughout Wales—including ancillary staff, such as cooks and cleaners, as well as nursing staff—who are caring for some of the most vulnerable in our communities.
I recommend to the UK Prime Minister that he follows Mr Drakeford’s lead in showing a practical, tangible response to those workers who do so much, yet are so fiscally under-rewarded. An immediate decision that the UK Government could implement is to make this payment tax-free and reward the social care workforce in full. I believe the current position is that the UK Government have, disappointingly, turned down the Welsh Government’s request for recipients of this bonus not to be taxed. They should be able to keep every penny.
Baroness Wheatcroft (Non-Afl) [V]
My Lords, I thank the noble Lord, Lord Hunt, for securing this timely debate. The noble Baroness, Lady Wilcox, just referred to the fact that, in his first speech as Prime Minister, Boris Johnson promised that he would “fix” the social care issue “once and for all”. That is an admirable promise, but of course not one that a single political party can fulfil. This is a huge issue that has built up over many years. What we need is total cross-party agreement on a way forward. Unless we have that co-operation, this sore will not be dealt with.
Many of the problems have been highlighted by earlier speakers, in particular the privatisation of social care in many cases, and the private equity need to take money out on a grand scale. Clearly, that is not a recipe to secure our care homes and their residents for the long term.
However, there is one thing that I believe we could do immediately to improve the lot of those who are resident in care homes. I was appalled to see that the personal allowance that residents are allowed to hang on to when they are living in a care home is the princely sum of £24.90 a week. That is not enough to allow those elderly people to indulge in the few small treats that might make their life rather better. Will the Minister consider increasing that allowance immediately so that their quality of life can be improved? It need not be a huge amount, but anything on top of that meagre allowance would clearly make a difference.
Finally, I want to put forward just one small thought—a means by which, when we are in a post-Covid era, we might improve the funding of social care homes and the lot of those who live in them. There have been several experiments in Holland in which nursery schools are run on the same sites as care homes. It works. It benefits both the children and the elderly residents. Their quality of life improves by leaps and bounds—and, of course, the nursery schools make a contribution in terms of rent. Will the Minister give serious thought to that consideration and to how it might be put into practice?
Lord Purvis of Tweed (LD)
My Lords, it is a pleasure to follow the noble Baroness and I support her very powerful plea. I also support the Motion, and I am grateful to the noble Lord, Lord Hunt, for bringing it forward.
Before I address the Motion, I want to make a remark about participating physically in the Chamber. I have no inherited wealth, nor do I come from a political family. I do not live on a pension and I am not a salaried Member. I live in Scotland. I and others with a similar background continue to receive no support for staying in London if we participate physically in the Chamber. Meanwhile, salaried Ministers, the Lord Speaker, the Senior Deputy Speaker, the Labour Leader and the Chief Whip have continued to receive support for living in London since 21 April, when it was stopped for all other Members. This House should not just be for the rich, the retired or those who live in London. The Deputy Speaker said that in this debate all Members were equal. Well, the system adopted by the House administration and the commission should afford us equality, too.
I support the call for a long-term plan, for the very powerful reasons given by my noble friend Lady Jolly. The way in which our country has not supported our care home sector during this crisis has been shocking—north and south of the border. In Scotland, on 31 May the chairman and founder of the Balhousie Care Group, which operates 26 homes with 940 residents, wrote in the Herald that there had been:
“Three months of mixed messages, mismanagement and missed opportunities”
—that is, north of the border. On 21 May, the Health Secretary, Jeane Freeman, said that more than 900 patients had been released from hospitals into Scotland’s care homes. That was three times the number that the Scottish Government had said was the reality only weeks before. They were sent to care homes with no testing but only a risk assessment, and, depending on that assessment, with only seven days’ isolation. By then, 1,749 people in Scotland’s care homes had lost their lives to Covid-19.
In England, I read with a breaking heart the soul-destroying evidence to the Commons Health and Social Care Committee in which a comparison was made of how England and Wales and Germany had approached the issue. Isabell Halletz, chief executive of the German care homes employers’ association, gave the stark comparison of 12,500 deaths in England and Wales and 3,000 deaths in Germany, with patients in Germany not being able to go into a care home unless they had tested negative or had gone into isolation or quarantine for 14 days in separate institutions. She also gave a figure which should always be borne in mind when we clap what we term our “heroes working”. She said that Germany has nearly 1.1 million people working in the long-term care sector. Of those, how many have tragically died? The answer is just 42, which compares starkly with the record in England and Wales.
If we are to learn serious lessons about this crisis, we have to make sure that we do not forget that other countries have performed better. We should learn from them how they have handled this crisis.
Baroness Uddin (Non-Afl) [V]
My Lords, I express my deepest gratitude to all care workers on the front line, and my deepest sympathy to all those who have lost their loved ones. Care homes remain at the front line of our struggles to overcome this dangerous disease yet continue to experience financial disparities and low pay. I support my noble friend Lord Hunt of Kings Heath in this Motion.
I have spoken to a number of care providers operating in Cambridge, Essex, Tower Hamlets and Milton Keynes, and they acknowledge the significant support, including some PPE in the form of masks and gloves, that they have received, with some notable exceptions. Current changes proposed to payments by local authorities and government will have a significant impact on the cost of care provision. One concern is that government will cease to support businesses with over 250 employees. Will the Government reconsider this policy and the cap? Also, regarding funding support, the Government and local authorities are proposing belated infection control training for front-line staff when there are massive issues of payment and equipment shortage. The question arises: who will pay for these front-line staff to attend training? Will the Government consider providing vouchers to staff attending training?
Care providers are rightly concerned, as many have continued to fund themselves for essential PPE, including masks and gloves. Can the Minister say what progress has been made to ensure that the care sector is fully furnished with the necessary PPE, masks and storage facilities for testing, and what the timeframe is for this?
Furlough schemes have put additional stress on carers and front-line nurses, many of whom are from BAME communities, who have not been considered for additional financial incentives. I agree completely with all noble Lords who have asked that they are rewarded with increased payment and salaries, which of course should not be taxed.
In the light of the disproportionate number of deaths and impact on minority communities, what advice and support is being given to care providers and front-line, potentially vulnerable workers, to ensure that they continue their service to our NHS in safety and protection?
Baroness Sheehan (LD) [V]
My Lords, I add my thanks to the noble Lord, Lord Hunt of Kings Heath, for tabling this regret Motion. It gives me an opportunity to give heartfelt thanks to staff in care homes, who have gone above and beyond the call of duty to care for the vulnerable elderly, often at risk to their own lives, and many of them are from BAME communities.
I will confine my remarks to the role of the private sector since the 1980s, when the responsibility for social care was moved from local authorities to private providers and others. Money was then readily available from banks for a business model that had government money behind it, and a growing clientele from an ageing population. Unsurprisingly, global private equity, sovereign wealth and hedge funds piled into the sector. However, what role has this corporate debt business model played in the growing social care crisis over the last three decades, the tragic culmination of which we see today, with the unacceptably high death toll in care homes? Is this a suitable model for businesses with huge social responsibilities? Does it lend itself to putting a protective ring around vulnerable people when they need it? I suggest not. Does the Minister agree that servicing debt from taxpayers’ money and from people funding their own care is not a good look, especially when the people who suffer when things go wrong are the elderly and infirm?
This pandemic has shown that, given that public money is contributing to public care, we need better scrutiny of the industry’s finances, as well as public accountability of private equity-owned care homes. Looking at the example of the Four Seasons debacle, in 2016, even as it hurtled towards insolvency, its directors were paid a total of £2.71 million, of which the highest paid received over £1.5 million. In 2019, the firm went into receivership. Who asks the questions when something like this happens in the care sector? Who are the individuals profiting, who take the money and run—leaving it to taxpayers to pick up the tab—and how do we do identify them when they hide behind complex financial structures, many of which are listed offshore? Does the Minister agree that a Government bailout for such businesses would be unacceptable?
The sector desperately needs urgent reform, and I hope that the Government will do what they have promised: bring forward a plan—this time with proper public oversight—based on open and good governance, one that really does provide care from the cradle to the grave.
Baroness Brinton (LD) [V]
I thank the noble Lord, Lord Hunt, for tabling this Motion. Along with other colleagues, I agree completely with the principles behind regretting these regulations.
I start by praising the care sector—all the homes and ancillary care staff, whether professional or family carers, who during the last two and a half months have done all that they could to care for the most vulnerable in our society, against all the odds. It is important this week, as Carers Week begins, to recognise the unpaid carers, especially the young ones, who have often provided support. I recognise that this is slightly off the topic of the statutory instrument, but it is important to understand the structural problems in our care systems at the moment.
Other noble Lords have outlined how the structural problems started 40 years ago. In 1979, two-thirds of care homes were run by local authorities or were not for profit—now, 84% are run for profit. The noble Baroness, Lady Bennett, outlined how in the mid-1980s things started to change. I can remember as a Cambridgeshire county councillor in the 1990s and early 2000s how the standards changed in care homes at very short notice. Many local authorities, which were not permitted to borrow any capital costs at all, had very regretfully to close down their care homes. That was when the surge started, in about 1995-96, and it continued through the next decade.
We moved as a country towards having a privatised system, but we did not fund it properly. Money for care homes certainly needs to be upgraded. One of the difficulties we face is that, even though we are approving a weekly rate—I know this from experience of my mother’s two and a half years in a care home—the CCG started from a position of arguing, either with the individual and their family or with the local authority, about what the amount should be. Almost standing over my mother’s bed, we had to try and fight back against the CCG representative who did not want to pay anything at all after her second stroke. We need to understand the pressure on families, particularly regarding the way this allowance is used, and recognise that it is not the true picture.
We need also to look at the extra costs that care homes are facing at the moment. Other noble Lords have mentioned that PPE costs have increased. They have not doubled—care homes are now paying five times the amount they were paying in February. We heard that PPE was diverted, and the noble Lord knows, as I have challenged him long enough about this, of concerns about whether Clipper Logistics were going to come on board. Can the Minister confirm the report in the Health Service Journal that the Clipper system is now to be used only for emergencies and is not to be the resource that the care home sector was led to believe it would be? If it is not, where on earth will individual care homes be able to access PPE at the price they used to pay before the pandemic?
Testing has also been a problem over the last few weeks. In order to keep people safe, it was important that everybody, in all care homes, was tested right from the start.
My noble friend Lady Barker and others have talked about that month between mid-March and mid-April, before the Secretary of State announced that care homes could have tests. We heard that last Friday was the date by which everyone in a care home for the elderly would have access to testing. It is good that today, the Government announced that those who have learning or other disabilities can now finally access testing, but care homes for the elderly still desperately need assurances that, as with the NHS, their staff and patients can access regular testing. Can the Minister confirm that this will now happen? Otherwise, there may be a local flare-up which, before we know it, is running rife through certain care homes again.
Many noble Lords have talked today about the importance of treating our care staff well. We know that they have gone way above and beyond the call of duty. Those who have given up life with their families and moved into care homes deserve special credit. I like the idea outlined by the noble Baroness, Lady Wilcox: the Welsh proposal to award £500 to care workers as a bonus for their considerable effort. For them, many of whom are on the absolute minimum wage, it is a significant amount, although it still will not reward them for everything they have done.
At the end of this, we must return to the long overdue Green Paper. I completely agree with all noble Lords who said that it must be cross-party. Dilnot was certainly a good starting point, but the problem with Theresa May’s proposals was that they were Dilnot upside down. I gently remind the Government that it was not the Liberal Democrats or the Labour Party that walked away from the last cross-party arrangements. My party is keen and eager to become involved, whatever we decide for the future. The Green Paper is very much overdue; it must come along quickly. We need to look at everything structural. This should not be just about who pays what for a bed. We need to review the entire system.
Baroness Thornton (Lab) [V]
My Lords, I thank all noble Lords who have participated in this debate, and my noble friend Lord Hunt for allowing this small but important statutory instrument to receive full scrutiny. There has been intense scrutiny and there are many questions to be addressed by the Minister. I join other noble Lords in paying tribute to those who work in the care sector for their dedication and courage over recent times. I ask for the indulgence of the House to mark national Carers Week and to pay tribute to and recognise the essential role of family carers, who have received precious little attention so far during this pandemic. Support has been desperately hard to access, and many families feel overwhelmed and pushed to breaking point.
Several noble Lords have said that this sector was in crisis before the pandemic and has been cruelly and badly served by the Government from the outset. As the noble Baroness, Lady Barker, mentioned, some of us were waving warning flags about the need to protect this sector from Covid-19 early in the outbreak. We were told that care homes would not be affected. It took a major campaign and pressure—by the media, by my honourable friend Liz Kendall MP, the shadow Minister for Care and Older People, many organisations such as Age UK, local government, MPs from all parties and your Lordships’ House—for the Government to start recognising the terrible toll and neglect in our care homes.
The notion, repeated by the Secretary of State, that a protective ring was put around our care homes is rather insulting, given the number of deaths and the time and chaos involved in providing PPE and testing. The Minister might advise his right honourable friend the Secretary of State to stop using expressions that are patently wrong and that only serve to deepen the anger and sadness of those families who have lost, and continue to lose, relatives in our care homes.
At some point, there will be an examination of the reasons for the mortality among those in care homes, those with dementia, those with learning disabilities and those in our mental health institutions. What we have to work for is seeing that the transparency and honesty of that examination, and of the price paid, will lead to real reform in our care sector.
The statutory instrument that we are discussing concerns the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 and makes provision for, among other things, NHS-funded nursing care. Several noble Lords have explained what all this means. These regulations amend Regulation 20 of the 2012 regulations and increase the rates for NHS-funded nursing care payment by the NHS Commissioning Board or a clinical commissioning group. Like my noble friend Lord Hunt, I welcome the proposed increase in the FNC rate that the NHS pays to care homes to cover the costs of services that must be carried out by a registered nurse. I repeat his question and echo many of the contributions today in asking: what contribution will this upgrade make to the long-term sustainability of the sector? I commend my noble friend Lady Wilcox on her strong support for reform in the sector.
According to a House of Lords Economic Affairs Committee report, as my noble friend Lady Healy said, 1.4 million older people in England had unmet care needs in 2018. The number of older people and working-age adults requiring care is increasing rapidly, while public funding declined in real terms by 13% between 2009 and 2016. When will the Government respond to that report? When will we see a new proposal for a new model of social care, as mentioned by so many noble Lords tonight? Specifically, given that this SI reached us before the pandemic, what plans do the Government have to put this somewhat battered sector on to a more secure footing in the short and long term? What assessment have they made of the impact that increased care costs resulting from the Covid-19 pandemic has had on the care home fees paid by those who are self-funding or partially self-funding?
Last month, the Health Secretary promised that by 6 June, all residents and care home staff would be tested; today, he said that care homes would only have their tests delivered. This is not good enough. The Government have been too slow to act. Care home residents and staff need to be regularly tested if we are to come to grips with this virus. We need to move swiftly to regular testing of family members, too, so that they can safely visit their loved ones. Ministers should now implement a comprehensive strategy for regularly testing more in care homes, including among the under-65s, and give social care services the priority and resources that they deserve. When will they do so?
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con) [V]
My Lords, as expected, this has been a moving debate. Who could not be moved by the powerful testimony from the noble Lord, Lord Hunt of Kings Heath, in moving his Motion and by the many noble Lords who have given such clear accounts from the front line of our social care? I have stood at this Dispatch Box—this virtual Dispatch Box—and heard the fears of noble Lords that the social care sector is in some way overlooked. I want to reassure noble Lords that this is not the case.
The country was put on hold three months ago to protect the most vulnerable, at huge cost to future generations. The protection of care homes remains an important consideration in the ongoing lockdown. I welcome the appointment today of David Pearson, who will be known to many noble Lords, as the chair of the Covid-19 social care support task force. Finally, in planning the future of our healthcare, we will be informed by the experience of the last five months—a time when the social care system was the focus of our attention and the whole of government got to know the sector much better. I do not hide from the fact that the last few months have been tough. We may not have had the social care meltdown that other countries did, but there have been difficult times. As such, I am sure that noble Lords will join me in expressing our gratitude to the hard-working staff across the social care sector, local authorities, charities and the NHS.
We all recognise that many of the lowest paid, many of them BAME, put themselves in harm’s way to look after the most vulnerable. The noble Lord, Lord Sheikh, and the noble Baronesses, Lady Pinnock, Lady Uddin, Lady Sheehan and Lady Jolly, made these points very well. For this sacrifice the country is enormously grateful. In particular, since this is Carers Week, I give special thanks and appreciation to our nation’s carers. The noble Baroness, Lady Brinton, rightly referred to the 6.5 million people in the UK who, as the noble Baroness, Lady Thornton, rightly reminded us, are looking after a family member or friend who has a disability or a mental or physical illness, or who needs extra help as they grow older. These are heroes as much as others on the front line, and we give our thanks.
It was instructive to hear from the noble Baronesses, Lady Pinnock and Lady Jolly, about their thoughts on the potential risks around EU exit and its impact on the recruitment of social care staff. The social care sector is vital to the UK, and our future immigration system will ensure that we have access to the skills and talents that we need after the UK leaves the EU. We are continuing to support employers in their promotion of the EU settlement scheme. EU nationals have until 30 June 2021 to make an application to the settlement scheme, and I strongly encourage them to do so.
The noble Lord, Lord Hunt, introduced this debate by bringing to our attention the recently laid National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2020, which I will outline for the benefit of the House. The FNC exists so that individuals or local authorities do not pay for nursing care that is the responsibility of the NHS. My right honourable friend the Secretary of State for Health and Social Care set a national rate in legislation, and he considers it annually.
Following many representations, including in this House by the noble Baronesses, Lady Thornton and Lady Jolly, and a formal review, we increased the FNC flat rate for 2019-20 to £180.31 per person per week, an increase of £14.75. The higher rate has been increased to £248.06 per person per week, an increase of £20.29. This is an overall uplift of 9% on the rate previously set for the financial year. This is a substantial raise that adds an additional £62.4 million of funding into the sector per year, and I am grateful for the welcome from the noble Lord, Lord Hunt, and the noble Baronesses, Lady Watkins and Lady Pinnock, for this development.
The Government have also uplifted the 2020-21 FNC rate by a further 2%. The regulations being discussed today therefore amend the rates set out in the standing rules to £183.92 per person per week for the flat payment. They also increase the higher payment to £253.02 per person per week.
The noble Lord, Lord Hunt, raised the important issue of efficiency challenges. I confirm that an efficiency rate has not been built into the uplifted rate for 2019-20, nor for the 2020-21 rate; the rate was designed to reflect the average cost of nursing care.
However, we are not here today just to discuss that important but relatively small part of social care funding. I shall spell out a few basic points. The long-term financial stability of social care is an imperative for this Government. We have already acted to ensure that the social care sector is properly funded through the epidemic, with major rounds of finance announced earlier this year. Looking ahead, I reassure the noble Lord, Lord Hunt, that we are committed to reform. The manifesto made that clear and the Secretary of State has invited cross-party talks to resolve the complex issues faced, which is the right place to start the process. I reassure the noble Baroness, Lady Wilcox, whose thoughtful and moving maiden speech on this subject is well remembered on all Benches, that these will take place at the earliest opportunity, given the current circumstances. In answer to the noble Lord, Lord Hunt, and the noble Baroness, Lady Healy, that is when the Government will begin to bring forward a plan for social care for the longer term.
The Government have acted to ensure that adult social care is properly funded. At the last spending review, we announced that an extra £1.5 billion would be made available to local government for adult and children’s social care in 2020-21. This came on top of maintaining £2.5 billion of existing social care grants.
The noble Baronesses, Lady Tyler and Lady Bennett, and the noble Lords, Lord Sheikh and Lord Mann, asked about the significant extra funding that the Government had provided. I confirm that the Government expect local authorities to get the funding that they have received to the front line quickly. Local authorities should take steps to protect providers’ cash flows, including making payments on plan in advance and monitoring the ongoing costs of care. I assure my noble friend Lady Altmann and the noble Baronesses, Lady Pinnock, Lady Brinton and Lady Sheehan, that the future of funding in social care will be set out in the next spending review.
My noble friend Lady Altmann raised the financial stability of care homes. We recognise that Covid-19 is imposing significant pressures on the social care sector. We have now made £3.2 billion available to local authorities so that they can address pressures on local services caused by the pandemic, including in adult social care. In addition, in April we brought forward planned social care grants worth £850 million to further support adult and children’s social care.
The Covid epidemic targeted the old and vulnerable; it had the social care sector in its sights. The noble Baronesses, Lady Barker, Lady Watkins, Lady Sheehan and Lady Healy, raised the question of the protective shield announced by the Secretary of State. I reassure noble Lords that the care home support package published on 15 May and the £600 million adult social care infection-control fund represent the next phase of our response for care homes, using the latest domestic and international evidence brought together by Public Health England and drawing on the insights of care providers. This includes making 1 million tests available for residents and workers in care homes, providing a named clinical lead for every care home, infection-control training, the PPE portal as a temporary emergency top-up route and ensuring that every local authority is carrying out a daily review of data on its care homes. Our help to care homes has meant that most of England’s care homes have had no outbreak at all.
The measures we have brought in have created a tsunami of regulations and guidance as we address this horrible disease, and we have responded to requests for clarification from the front line. We have introduced dozens of new ways of doing things. The 16,000 care homes, which range from the big to the small and are supported by half a dozen business models, face their own HR challenges.
We have sought to move quickly and thoughtfully to bring rapid support to a disparate and decentralised care system and have brought in new resources, technologies, supply chains and even the Special Air Service. I have no doubt that, from the point of view of a care home director, it has felt like a confusing set of measures. Under difficult circumstances, there may be things that could have been done better, but I assure the Chamber that we could not have moved faster or with more commitment. The strength of our social care system is the local routes and the tailored offering of thousands of different homes—I acknowledge the persuasive arguments of my noble friend Lady Wheatcroft —but this diversity makes it challenging to implement novel solutions at pace from the centre. I thank those in central and local government who did their best under difficult conditions.
There can be no doubt that the nation’s health and social care is a major priority for this Government. This extends from the fair funding of NHS-funded nursing care and social care more broadly to comprehensive support during the pandemic and, in time, an ambitious plan for reform. We will work with all interested parties—I thank Age UK and the National Care Forum for their briefings before this debate—to make it the most secure and effective service it has ever been. I conclude by thanking once again those working in the social care sector and other front-line services in these challenging times.
Lord Hunt of Kings Heath [V]
My Lords, I thank all noble Lords, and the Minister for his considered response. The debate has shown the very serious situation facing many of our care homes. I heard what the Minister said about support for the social care system. However, far from experiencing a protective shield, many care homes felt abandoned by the Government and the NHS in March. They remain very vulnerable financially, and the workforce crisis in the offing because overseas recruitment will effectively come to an end at the end of this year cannot be wished away.
The Minister has reconfirmed the Government’s commitment on the long-term future. This is welcome. I also agree with the noble Baroness, Lady Wheatcroft, about the desirability of cross-party consensus. Looking back, it was a great pity when Andy Burnham’s plan was labelled a death tax by David Cameron in 2010. That has made cross-party consensus that much harder.
One thing is for sure: we owe a huge debt to care workers and carers for the fantastic work they have done over the last few months. They have responded magnificently to this huge and unprecedented challenge. We thank them all. I beg leave to withdraw my Motion.
Arrangement of Business
The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)
My Lords, I remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.
Public Health England Review: Covid-19 Disparities
(3 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Hayter of Kentish Town (Lab) [V]
My Lords, my criticism of the Government’s Answer is that even after the PHE review of disparities and risks and outcomes related to Covid-19 failed to include recommendations, the reply again talks about trying to understand the causes of disparities. Let us be clear: coronavirus thrives on inequality, and inequality thrives on inaction. Let us have no delay for research on causes but real action now to protect BAME people at risk from the virus. Will the Minister tell the House what actions the Government are taking to mitigate the very real risks BAME communities face right now?
The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con) [V]
My Lords, it is important that we understand the various drivers of the disparities and the relationship between different risk factors. It has been accepted that the report has some limitations; for example, the ethnicity analysis does not adjust for factors such as comorbidities such as underlying health conditions of hypertension and obesity. It is imperative that we do the next stage of looking at the data and the connections to ensure that we fill in the gaps of understanding and developing new policies so that we act on a proper and scientific basis; otherwise, we risk making matters worse, which no one would want us to do.
Lord Scriven (LD) [V]
New research today shows that more than half of pregnant women in hospital in the UK with coronavirus complications are from a black, Asian or minority ethnic background. Will the Minister commit to an urgent investigation into this?
Baroness Berridge [V]
My Lords, all aspects that are affecting black and minority ethnic people will be looked into by the Minister for Equalities. The Equalities Hub is now the central point to look at these matters. Action has been taken in relation to making sure that employers are risk assessing, including when employees are pregnant and could be at higher risk from the virus.
Baroness Pidding (Con) [V]
My Lords, the Public Health England report makes it clear that deprived communities are being disproportionately affected by Covid-19. Does the Minister agree that it is imperative that the Government redouble their efforts to reduce health inequalities between the richest and the poorest in society, fulfilling the Prime Minister’s levelling-up agenda? How might that be achieved?
Baroness Berridge [V]
My Lords, the PHE review indeed makes it clear that those who are in the most deprived neighbourhoods are more likely to die as a result of Covid-19 than those who are in more affluent areas. The Minister for Health outlined on 4 March that the Government are committed to levelling up and to looking at health inequalities, particularly in deprived neighbourhoods where we see early-onset diseases and avoidable mortality at their highest rates. The Government are committed to getting to the bottom of that and to acting upon it.
Baroness Quin (Lab) [V]
My Lords, Table 2.1 in the review shows that in the north-east a greater proportion of the excess deaths were due directly to Covid-19 than elsewhere. It also seems that our least well-off communities were the worst affected. I echo the calls of my noble friend Lady Hayter and the noble Baroness, Lady Pidding, for action to be taken on the basis of not just this report but all the other work that has been done on health inequalities, particularly by Professor Marmot and his review.
Baroness Berridge [V]
I assure noble Lords that the excellent work of Professor Sir Michael Marmot over the last 10 years or so will be reviewed and worked on by the Minister for Equalities, looking at all the different impacts and inequalities the virus has exposed in our communities.
Lord Dobbs (Con) [V]
My Lords, to judge the risks on both sides of this very difficult question we need precise information. I hope my noble friend will correct me if I am wrong, but I believe the statistics show that the 40,000 Covid deaths cover not only those who died from Covid as a primary cause but those who died with Covid as a secondary cause—in the same way that many men will die with prostate cancer but not necessarily from it. The distinction is crucial. Can my noble friend give a clear breakdown distinguishing between primary and secondary Covid deaths and say how many of those deaths would have been expected to occur within the next two years even without Covid? If she does not have that information, would she be kind enough to place it in the Library at the first possible opportunity?
Baroness Berridge [V]
My Lords, the Office for National Statistics has analysed the death certificates: on the death certificates where Covid is mentioned as a cause of death, over 95% had it as a primary or underlying cause. That does not exclude other underlying conditions; in March and April this year, over 90% of deaths from Covid had one other underlying health condition mentioned on the death certificate.
Lord Blunkett (Lab) [V]
My Lords, it is very clear that we all agree that gross inequality and major deprivation are the underlying causes of the disparity. That must be dealt with societally in the long term. In the short term, does the Minister agree that we probably need targeted health campaigns, not blaming individuals but trying to at least do something in the short term about this division? That can be achieved not by daily press conferences but by very targeted help.
Baroness Berridge [V]
I am grateful to the noble Lord. Alongside this report there has been increased stakeholder engagement—particularly with the black and minority ethnic community—with faith leaders and representatives. As the Government are trying to ensure that the communication of the necessary public health information regarding hygiene and handwashing has been fully promoted within those communities, we are translating much of that advice into additional languages to ensure that that community has heard the messages it needs to hear now.
Lord Bilimoria (CB) [V]
My Lords, black men and women are more than four times as likely to die a coronavirus-related death than white people. It is sad that of the 29 British doctors who have died of coronavirus during the pandemic, 27 were from ethnic-minority backgrounds. Research this week has revealed that 40% of BAME doctors surveyed said that risk assessments to prevent Covid deaths recommended by the NHS nationwide five weeks earlier have still not been carried out. Can the Minister explain why? Even Dr Chaand Nagpaul, the BMA Council chair, is calling on the Government to take urgent action to protect our BAME colleagues. Yet now, where care homes are concerned, the Government have just announced a new social care task force. Can the Minister explain why there are still care homes where staff and patients have not been tested—let alone on a regular basis—as the Government assured us they would be?
Baroness Berridge [V]
My Lords, the department wrote to all NHS trusts and clinical commissioning groups outlining that there should be risk assessments of their staff and that they should take into account whether they have black and minority-ethnic or other staff who were at particular risk so that additional precautions could be taken. That was included also in the NHS Employers guidance to ensure that protected characteristics were taken into account. We are aware that HR directors in various places are taking those actions and even redeploying staff. The advice and guidance have been clear that this is a factor to take into account along with other factors, as I have outlined, such as being pregnant.
Lord Triesman (Non-Afl) [V]
My Lords, those of us throughout the world who have seen the savage murder of George Floyd will recognise the systemic evil of racism in society. Although I do not say that we are in the same position as the United States, we are far from guiltless in this country and we need to think about the systemic problems that the stain of racism places on us. Does the Minister agree that collecting figures on BAME deaths from Covid-19 without collecting the remaining epidemiological data on those citizens is a very poor piece of epidemiological work? It did not look at poverty, at overcrowded households or at employment in high-risk and low-paid jobs, and it reflects a systemic failure to grasp the weight of racism which impacts those communities. Is it not for the same reason a worry to the Minister that very few BAME senior scientists have been asked to serve on SAGE? I believe that they would have spotted these data gaps and tried to act on them.
Baroness Berridge [V]
My Lords, I join the noble Lord in expressing horror at the death of George Floyd. I can only agree with him about the evil of the systemic racism that we have seen in relation to the behaviour in that video. We are working at pace. The Race Disparity Unit has been collecting data. On the PHE review, we have accepted that there are not recommendations; there are conclusions. There are still gaps in the data and in the analysis that needs to be done. We are determined to get to the bottom of this, but we must do it on the basis of proper scientific evidence. I will take back to the Minister for Equalities the noble Lord’s representations about the inclusion of scientists from BAME backgrounds.
Arrangement of Business
The Deputy Speaker (Lord Russell of Liverpool) (CB)
I remind the House that our normal courtesies in debates still very much apply in this new hybrid way of working.
Abortion Regulations: Northern Ireland
Baroness Smith of Basildon (Lab) [V]
My Lords, as a result of the Northern Ireland (Executive Formation etc) Act 2019, this House will debate the regulations on abortion next week. Any discussion about abortion evokes strong emotions and deeply held views. When we passed the legislation, we had detailed and thoughtful consideration of these provisions. Today, the Commons committee debated and passed the regulations by 15 votes to two. If there was a vote of all MPs, we should expect a similar result. So, first, can the Minister confirm that the change in the law to decriminalise abortion in Northern Ireland has already taken effect and that these regulations are about the framework for service provision? Secondly, can he confirm that the regulations fulfil a statutory duty, are essential to ensure that the UK Government fulfil their human rights obligations, and therefore must be considered by your Lordships’ House?
Viscount Younger of Leckie (Con) [V]
My Lords, I totally agree with the noble Baroness that this is a very emotional subject. There have been debates in Parliament over the last few months, if not years. As the noble Baroness said, the regulations are being brought forward and there was a vote in the Commons today. The Government were placed under a statutory duty to deliver abortion law for Northern Ireland by implementing the recommendations of the CEDAW report.
Baroness Barker (LD) [V]
My Lords, looking forward, not backwards, will the Minister commit to working with the Department of Health in Northern Ireland to ensure the full implementation of services, as set out in the legal framework, to fulfil the UK’s international human rights obligations?
Viscount Younger of Leckie [V]
Indeed, the noble Baroness is correct. Although health is devolved, the UK Government are giving every help they can to the health service in Northern Ireland. Once the regulations are passed by this House next Monday, as I hope that they will be, there is a lot of work to do to make sure that there is a full service operational for those women and girls who wish to have abortions.
Baroness Eaton (Con) [V]
My Lords, will my noble friend the Minister say why Regulation 3, unlike the Abortion Act 1967, makes abortion on the basis of sex lawful in the first 12 weeks of pregnancy? Given that it is now possible to know the sex of the foetus between seven and 10 weeks, and that the CEDAW report expressly condemned sex-selective abortion, why does that regulation make it lawful? What meetings have the Government had with the organisation Stop Gendercide in considering how to define these regulations?
Viscount Younger of Leckie [V]
I make it clear to my noble friend that the abortion regulations do not allow abortions on the grounds of sex selection. My noble friend may be aware that the UK Government publish an annual analysis of the male to female birth ratio in England and Wales to check for any evidence—for example, if there are more girls than boys aborted. The last one was in October 2019 and there was no evidence to show.
Lord Dubs (Lab) [V]
My Lords, I should first declare an interest in that I am an active member of the British-Irish Parliamentary Assembly. I chair one of its committees and we did a report a couple of years ago on abortion. We covered both Northern Ireland and the Republic.
I will ask two questions. First, does the Minister agree that it is disappointing that for women in Northern Ireland there is still a state of uncertainty as to where they stand legally as regards their right to abortion? There are doubts about how it should work and differences in different parts of Northern Ireland, depending on which trust areas they live in. Secondly, will he further confirm that the Northern Ireland Human Rights Commission has a key role to play in all this? It has responsibility for the rights of women. Has he been in touch with the Northern Ireland Human Rights Commission to see how it is developing and taking this issue further?
Viscount Younger of Leckie [V]
The noble Lord is right that once the law is fully passed and the regulations come fully into law—I hope next Monday—it will give clarity and support not only to those at the front end of health in Northern Ireland, who have to supervise the abortions that take place, but in particular to the women and girls involved. I will need to write to the noble Lord about the Northern Ireland Human Rights Commission.
Baroness O'Loan (CB) [V]
Is the Minister aware that while there is an obligation to produce regulations under the Act, there is no obligation on the Government to table these particular regulations, which, as the noble Baroness, Lady Eaton, pointed out, permit the abortion of foetuses on the grounds of sex? There is no restriction on the grounds upon which a baby may be aborted in the Northern Ireland regulations; therefore, it is possible to abort on the grounds of sex. Is he also aware that some of the regulations have been said by the Attorney-General for Northern Ireland to be ultra vires? Can the Minister tell us why the regulations go so very far beyond what was required by the CEDAW report, which underpins these regulations, particular insofar as the fact that they discriminate against babies with a disability, who can be aborted to birth, and medical practitioners and pharmacists who are not protected in terms of their freedom of conscience unless they are actively engaged in the act of abortion? Why is he promoting regulations that are not consistent with Section 6(2) of the Northern Ireland Act and the obligations not to discriminate on the grounds of disability and to protect freedom of conscience?
Viscount Younger of Leckie [V]
There were several questions there, but I will answer two of them. First, the Attorney-General for Northern Ireland reports to the Northern Ireland Executive, not to the UK Government, but I am well aware of the views there. Secondly, to put the noble Baroness right, there was a vote in the UK Parliament on this. So, as I said, the Government are under a statutory duty to deliver abortion law for Northern Ireland and to make the changes.
Lord Mackay of Clashfern (Con) [V]
My Lords, the essence of this proposal was rejected by the Northern Ireland Executive. Why seek to overrule the Executive when they are now happily active again?
Viscount Younger of Leckie [V]
I am well aware of the vote last week, but I take my noble and learned friend back to October 2019, when the Assembly was not up and running. The UK Government were obliged to act in line with Section 9 of the Northern Ireland (Executive Formation etc) Act. The fact that the Assembly is up and running now is of course extremely good news, but it does not mean that we revert to the status quo ante.
Lord Hain (Lab) [V]
My Lords, will the Minister agree that, because abortion is now legal in Northern Ireland, women there are entitled to the same rights and, above all, services as women in all other parts of the United Kingdom, and that we have to implement these regulations setting out the legal framework that will bring Northern Ireland into line with the rest of UK and meet the requirements of Article 8 of the European Convention on Human Rights?
Viscount Younger of Leckie [V]
The noble Lord is absolutely right. It is also consistent with the Abortion Act 1967 and compliant with CEDAW, the Convention on the Elimination of All Forms of Discrimination against Women.
Lord Kilclooney (CB)
My Lords, as has been said, abortion is a divisive and sensitive issue anywhere. In Northern Ireland, the problem today is whether British parliamentarians—especially English parliamentarians—have the right to impose their standards on a devolved legislature. This issue has had a positive result in Northern Ireland, creating cross-community politics: cross-community opposition to the regulations and cross-community support for the regulations. But as has been mentioned, the Northern Ireland Assembly, by 78 votes out of a total membership of 90, united against the regulations. Will the Minister say whether the Northern Ireland Assembly has the right to amend the regulations? If the Minister of Health in Northern Ireland, with a mandate to oppose the regulations, takes no action, will Her Majesty’s Government abolish devolution in Northern Ireland?
Viscount Younger of Leckie [V]
I totally agree that people have strongly held views on this matter. I reassure the noble Lord that the regulations can be amended in Northern Ireland, should that be wished in the future.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
Lord McCrea of Magherafelt and Cookstown? No? I therefore call the noble Baroness, Lady Stroud.
Baroness Stroud (Con) [V]
My Lords, one of the concerns with these regulations is that they make provision for abortion for non-fatal disability up to birth—something that, as we have just heard, 78 Members of the Assembly voted against this week. There are so many ways in which these regulations are concerning but, given all that we have been focused on in the last few months around protecting lives equally, it is extraordinary to me that the Government should present such a discriminatory provision, which is in direct violation of paragraph 85 of the CEDAW report. Will my noble friend the Minister explain how he will ensure that these regulations will not enable abortion on the basis of non-fatal disability to birth, and, as importantly, that they do not perpetuate a stereotype?
Viscount Younger of Leckie [V]
This question very much focuses on the issue: the grounds for abortion. We must remember that what we are talking about is respecting and protecting the rights of women and girls. When we talk about severe foetal impairment and fatal foetal abnormalities, this is very much consistent with the Abortion Act 1967, and brings Northern Ireland law in line with that of the rest of the UK.
Arrangement of Business
The Deputy Speaker (Lord Russell of Liverpool) (CB)
My Lords, I remind the House that our normal courtesies in debate still very much apply in this new, hybrid way of working.
Victims of the Troubles: Payment Scheme
Lord Murphy of Torfaen (Lab) [V]
My Lords, all of us are deeply disappointed at the delay in compensating victims of the Troubles. Will the Government therefore now urge the Northern Ireland parties to agree to give compensation immediately to the vast majority of victims, many of whom are old and sick, and separately to resolve the problems regarding that small number of people about whom there is disagreement? Also, will the noble Viscount accept that the United Kingdom Government should take their part in sharing the funding of this vital scheme?
Viscount Younger of Leckie (Con) [V]
The noble Lord is right: we must put the victims of the Troubles at the forefront of what we are trying to do. However, I reiterate that it is up to the Northern Ireland Executive to take matters forward. I also reassure the noble Lord that, since we spoke about this subject last week, further urgent talks have been taking place between the Secretary of State, the First Minister and the Deputy First Minister, and all parties. All parties, including Sinn Féin, must work closely together to take the payment processing forward.
Lord Bruce of Bennachie (LD) [V]
The Government say that funding is not the issue, so can the Minister identify what part of the block grant was identified for victims’ compensation? If he is unable to do so, can he urge the Secretary of State to engage constructively with the Northern Ireland Executive to break the deadlock? Given that the scheme applies to victims across the UK, should he not use his authority to ensure that the scheme is started without any further delay or debate about the definition, for which guidance has already been provided, and given that Naomi Long the Justice Minister has indicated that her department is ready to put it into operation?
Viscount Younger of Leckie [V]
I agree with the noble Lord that huge efforts must continue to be made to get this on track. I reassure him that funding is not the issue—it is not delaying this—and the UK Government have been very generous in terms of the financial contributions connected to New Decade, New Approach; he will know that £2 billion has been set aside. So the UK Government have done their part, and it is now up to the Northern Ireland Executive, including Sinn Féin, to take the matter forward.
Lord Caine (Con) [V]
My Lords, as one of the negotiators of the Stormont House agreement, I share the widespread dismay over these delays to victims’ payments. Is this not entirely down to one party seeking to reopen the eligibility criteria for such payments by basing them on the badly flawed definition of a victim in the 2006 order? Does it remain the Government’s view that it would be just wrong for anybody who injured themselves while carrying out an act of terrorism, or who served a prison sentence for a terrorist offence, to receive a single penny of taxpayers’ money?
Viscount Younger of Leckie [V]
My noble friend is right, and that is set down in the regulations. We know that Sinn Féin has said that it wants to look at redefining “victim”. However, it will know, and we know, that it is already set out in the legislation. Therefore we urge Sinn Féin to put aside its differences and move forward quickly on this matter.
Lord Hain (Lab) [V]
My Lords, since some Sinn Féin politicians either do not understand or are deliberately misrepresenting the victims payments scheme, will the Minister agree that the only category of people specifically excluded are those whose actions caused the incident in which others were severely injured? Surely only in a parallel universe could anybody seriously argue against that. The refusal of the First and Deputy First Ministers to agree on implementing the scheme, as they are legally obliged to do, is re-traumatising some of the most vulnerable victims and survivors just when, at long last, they thought justice was coming. Surely the only recourse now is for a severely injured victim and survivor to take the Executive Office to court for breaking the law under the 2019 Act?
Viscount Younger of Leckie [V]
The noble Lord is right to point out matters on the definition. Of course, it is up to the independent board—it will and must be formed as soon as a department has been designated for it—to take the definitions forward, and it will be up to it to decide the eligibility of those who apply for payments.
Lord Empey (UUP) [V]
Will my noble friend accept that this is a standard Sinn Féin negotiating tactic? Will he give an undertaking on behalf of the Government that nobody who was injured by their own hand will benefit from this scheme and, if the stalemate continues in Belfast, will his department step in and administer the scheme themselves? These people have been subject to the most outrageous abuse and delay.
Viscount Younger of Leckie [V]
The noble Lord is right in so many ways, but neither the Northern Ireland Office nor the UK Government will step in, because this is the responsibility of the Northern Ireland Executive. That is why these urgent talks, led by the Secretary of State and including all parties, are being conducted to take this matter forward.
Baroness Altmann (Con) [V]
My Lords, I recall the sense of relief when the Government legislated for the compensation scheme for those severely disabled, physically or psychologically, in Troubles-related incidents, and I know that my noble friend and the Government are eager for these payments to start. Are there any other avenues for those who desperately need the money to pursue at this time, especially those for whom there is no doubt that they are entitled to this compensation?
Viscount Younger of Leckie [V]
I have every sympathy with what my noble friend has said. We are urgently waiting for the victims who apply for payments to have a so-called acknowledgment payment, which is likely to be decided on a sliding scale relating to the severity of their injuries. To answer my noble friend’s question, some may already have received criminal injuries compensation or money through the Victims & Survivors Service, but we urgently need this acknowledgment payment.
Lord Browne of Ladyton (Lab) [V]
My Lords, post-conflict legacy issues seldom, if ever, allow solutions that satisfy everyone, and this scheme—the joint responsibility of government both in Northern Ireland and in Westminster—is no exception. In matters of legacy, I am afraid I can think of no example where executive politicians in Northern Ireland set aside politics, and I regret that there is no reason to expect them to do so in this case. Other than exhorting them to do so, which this Statement does, do the Government have an alternative plan for payment, to fulfil their responsibility to the victims who, in their own words,
“have waited too long for these payments”?
Viscount Younger of Leckie [V]
We urge all parties, where there are any, to set aside their political differences, and one party has been mentioned in this respect. We are quite clear that this is a matter for the Northern Ireland Executive to take forward, and that is because the UK Government have taken forward legislation and done as much as we can, and rightly so, to meet our obligations. It is now up to the Executive.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, will the Minister confirm whether the discussions that the Secretary of State is having with the political parties of Northern Ireland are nearing completion and the possibility of a result? Will he also confirm that it is Sinn Féin that is blocking the statement?
Viscount Younger of Leckie [V]
I cannot tell the noble Baroness how close we are to agreement; in fact I have no information to give the noble Baroness on this. I can only reiterate that the Secretary of State is well exercised over this issue and is working as hard as possible to knock heads together and take the matter forward.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, I share the expressions of dismay and disappointment of many others that the victims have not received their compensation. Will the Government, acknowledging the plurality of Northern Ireland politics, consult with other parties there that are not members of the Executive as well as with civil society? That would help to ensure that people were informed and aware of what was happening, and that kind of transparency could be useful.
Viscount Younger of Leckie [V]
The noble Baroness is right. I am sure there is strong communication about what is going on at the moment; it is very much in the news anyway. It is important that communication comes from the UK Government but also from the Northern Ireland Executive because this is a very important matter and it must be moved quickly forward.