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Oral Answers to Questions
(3 years, 10 months ago)
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Dr Jamie Wallis (Bridgend) (Con)
Andrew Jones (Harrogate and Knaresborough) (Con)
Christian Wakeford (Bury South) (Con)
Jo Gideon (Stoke-on-Trent Central) (Con)
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Wendy Morton)
Finding a covid-19 vaccine is a top priority for the Government. The Prime Minister has set up a vaccine taskforce and appointed Kate Bingham to lead it. The taskforce aims to secure access to promising vaccines for the UK population and to support access to vaccines to help bring the pandemic to an end. We have invested more than £130 million in research for the vaccine front-runners at the University of Oxford and Imperial College, London, and this is in addition to the £250 million that we have contributed to the Coalition for Epidemic Preparedness Innovations and the £1.65 billion to Gavi, the Vaccine Alliance.
Wendy Morton
That is a really important point. The Prime Minister has made it clear that equitable access is an integral part of the UK’s approach to vaccine development and distribution. Only last weekend, he emphasised how all the world’s leaders have a moral duty to ensure that covid-19 vaccines are truly available to all. That is why the UK has contributed more than £313 million of UK aid to CEPI, the COVID-19 Therapeutics Accelerator, the Access to COVID-19 Tools (ACT) Accelerator, and the Foundation for Innovative New Diagnostics. We have also committed £1.65 billion to Gavi over five years to strengthen immunisation for vaccine preventable disease in vulnerable countries.
Andrew Jones
Around the world, there are more than 100 programmes to develop a coronavirus vaccine. Can my hon. Friend confirm that our global diplomatic presence is assisting UK companies and universities to participate in those programmes, basically by using their local networks to highlight the significant expertise that the UK can contribute, but also vice versa to identify where those contacts can contribute to UK-based programmes, because this is truly a global effort?
Wendy Morton
Yes, our overseas network is working actively around the globe, particularly through our world-leading science and innovation network. The Vaccine Taskforce is also ensuring that work being done to find a vaccine in the UK complements and supports global efforts, including by providing industry and research institutions with resources and support. We welcome the announcement on 4 June of the innovative collaborations between AstraZeneca, CEPI, Gavi and the Serum Institute of India to support the production of 1.3 billion doses for global access to a potential covid-19 vaccine.
Christian Wakeford
Israel is at the forefront of MedTech innovation, which presents many opportunities for the UK’s healthcare system, such as the use of AI technology in diagnostics and screening. Can my hon. Friend tell me what the Government’s plans are to strengthen partnerships between Israeli MedTech companies and UK researchers, particularly in the north-west, to help them not only develop a vaccine but better prepare for the potentiality of any future pandemic?
Wendy Morton
International collaboration is absolutely vital as we search for a vaccine, and finding a vaccine for covid-19 is a top priority for the Government. The Prime Minister has made it clear that we see vaccines as a global challenge and that no one country can do this alone. That is why the UK has called for clear global commitments from international partners to tackle the pandemic, including through the G7, the G20 and other international forums. The Prime Minister hosted a global vaccine summit on 4 June, which brought together more than 60 countries, including 44 Heads of State and Government, and raised an incredible $8.8 billion to support immunisation of more than 300 million children against vaccine preventable diseases.
Jo Gideon
Does my hon. Friend agree that Britain has demonstrated its global reach during this pandemic? May I thank the Department for listening to my representations on behalf of my constituents in Stoke-on-Trent Central, who were repatriated from Kathmandu and Durban during lockdown, and ask that the Department use the same global reach to ensure that our world- class vaccine development work benefits the global community?
Wendy Morton
I know how hard my hon. Friend works in her Stoke-on-Trent Central constituency. Together, the Foreign Secretary, the ministerial team and the diplomatic network continue to galvanise international support and financial commitments to support research, development and equitable access to vaccines. Through ongoing research at Oxford University and Imperial College, London, the UK is leading the way in developing a coronavirus vaccine. We are also working with international partners to ensure that, wherever a vaccine is discovered, it will benefit the global community as a whole.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Mr Speaker,
“The breadth of the work that DFID is involved in is exemplary…It is firmly in our national interest…As we have seen in recent years with the Ebola crisis”.—[Official Report, 13 June 2016; Vol. 611, c. 262.]
Those are not my words, but those of the Minister. Destabilising Britain’s efforts to tackle disease globally in the middle of a pandemic is not diplomatic; it is dangerous, and the hostile takeover by the Foreign Secretary has been slammed by 200 leading health and humanitarian agencies, Prime Ministers and MPs from both sides of the House, and those who have assessed the impact of mergers in Australia and Canada. Why does she think she got it wrong, they all got it wrong, and instead, it is Dominic Cummings who is right?
Wendy Morton
I thank my hon. Friend for his question. We served together on the International Development Committee several years ago, but to be absolutely clear, when it comes to the FCO and DFID merger, as the Prime Minister set out on 16 June we retain our commitment to spending 0.7 % of our gross national income on official development assistance, but it is through closer integration that we will maximise the impact of our aid budget. At the recent Gavi event—the global vaccine summit on 4 June—we mobilised the collective influence of diplomacy and development; it is an excellent example of what the two Departments working together can we achieve.
Miss Sarah Dines (Derbyshire Dales) (Con)
Mark Logan (Bolton North East) (Con)
The Secretary of State for Foreign and Commonwealth Affairs and First Secretary of State (Dominic Raab)
Today China has enacted national security legislation. We are waiting for it to be published so that we can see the details and assess it against what we have said before. When that is the case, I will make an oral statement to update hon. Members. None the less, at this stage what I can say is that the imposition of national security legislation on Hong Kong, rather than through Hong Kong’s own institutions, lies in direct conflict with China’s international obligations under the Sino-British joint declaration.
Miss Dines
From what we know so far, it appears that Beijing has just voted to impose new hard-line national security laws on Hong Kong. They are widely thought to include a new law enforcement and intelligence agency to operate there, and to give the Chief Executive power to appoint judges to hear national security cases. Does my right hon. Friend agree that it is only through an internationally co-ordinated action that we will be able to safeguard the hard-fought-for rights and freedoms of those in Hong Kong?
Dominic Raab
My hon. Friend is absolutely right, and of course it is contrary to, we believe, China’s own interests and also China’s articulation of the relationship with Hong Kong through the one country, two systems policy. As she rightly says, we have been working very closely with our international partners, the EU and the G7, and, indeed, we are raising the issue with like-minded partners in the United Nations Human Rights Council shortly.
Mark Logan [V]
A number of commentators have been conversely saying that Hong Kong’s role as a financial centre may be buttressed by the national security law as Chinese companies look to list in Hong Kong, now that they are less welcome in the United States. What does my right hon. Friend make of this controversial assessment, and what are his predictions for the future of Hong Kong as an international financial centre and the implications for both London and British interests?
Dominic Raab
I thank my hon. Friend, who makes a very important point. Of course, the success of Hong Kong—the entrepreneurial spirit, the vibrancy, the economic success—has been built on its autonomy in the one country, two systems paradigm. That clearly is under threat if China, as we now fear, has enacted the legislation and our worst fears in terms of the substantive detail are borne out; and of course it would be bad news for all international businesses, but, fundamentally, not just for the people of Hong Kong but for China. That is why, even at this stage, we would urge China to step back from the brink, respect the rights of the people of Hong Kong and live up to its international obligations through the joint declaration and to the international community.
Lisa Nandy (Wigan) (Lab)
China passed the national security law today. It is a direct challenge to the joint declaration and undermines not only the promises made to us, but those that we made to the people of Hong Kong. The Foreign Secretary told me in the House a few weeks ago that at its application, Britain would act. That law comes into force tomorrow. He must not waiver. Will he fulfil his promise to BNO passport holders? Will he stop dragging his feet on the Magnitsky legislation that he was once so keen to champion and give us a firm date? Will he confirm that this has now changed the Government’s thinking on Huawei? He said just a few weeks ago that we would
“live up to our responsibilities…to the people of Hong Kong”.—[Official Report, 13 January 2020; Vol. 669, c. 769.]
It would be extraordinary were the UK to turn back now. We must live up to those responsibilities.
Dominic Raab
I thank the hon. Lady for her support for the Government’s position, which, as we have already made clear, if once the national security legislation is published—she has not seen it because I have not seen it and it has not been translated yet—[Interruption.] Yes, but she has not seen the legislation, so I think the right thing to do is to wait to see it, but as we have made clear, if it is as we expect then it would be not just a challenge, as she said, to the joint declaration; it would be a violation of the joint declaration. It would undermine the autonomy of the people of Hong Kong and the freedoms. I welcome her support. It is incredibly— [Interruption.] She says that it is weak; she has not read the legislation—she cannot have done because it has not been published. [Interruption.] No, so how can she say that it is weak? I have already made a commitment to the House that I will come here to make sure that all hon. Members can be updated, not just on what we will do on BNOs, which I can confirm we fully intend to see through, but any other action we want to take with our international partners.
Tonia Antoniazzi (Gower) (Lab)
Julie Elliott (Sunderland Central) (Lab)
The Minister for the Middle East and North Africa (James Cleverly)
The UK’s position is clear: we oppose any unilateral annexation. It would be a breach of international law and risk undermining peace efforts. The Prime Minister has conveyed our position to Prime Minister Netanyahu on multiple occasions, including in a phone call in February and a letter last month. The UK’s position remains the same: we support a negotiated two-state solution based on 1967 borders, with agreed land swaps, Jerusalem as a shared capital and a pragmatic, agreed settlement for refugees.
Tonia Antoniazzi
Current sanctions are clearly not working as a deterrent for Israel’s plan to annex the west bank illegally. Strong words at this point are a betrayal of the Palestinian people—they need actions. Can the Minister outline what action the Government will take against annexation?
James Cleverly
The Government have maintained a dialogue with Israel. We are attempting to dissuade it from taking this course of action, which we believe to be not in its national interest and not compliant with international law.
Julie Elliott [V]
In 1980, the UN Security Council condemned Israel’s illegal annexation of East Jerusalem and, in ’81, its illegal annexation of the Golan Heights. What lesson does the Minister think the Israeli Government took from the failure to see those Security Council resolutions adhered to? Are the UK Government abandoning the Palestinian people, as suggested in a recent open letter by UK charities?
James Cleverly
The UK Government remain a friend of Israel and also a friend of the Palestinian people. We have continued to have dialogue both with the leaders of the Palestinian Authority and with the Government of Israel, and we encourage them to work together to come towards an agreed settlement that will see a safe, secure state of Israel alongside a safe, secure and viable Palestinian state. There is still the opportunity for that negotiated settlement to be the outcome, and we will continue working with both the Israelis and the Palestinians to facilitate that.
Lisa Nandy (Wigan) (Lab)
World leaders are warning of consequences should annexation go ahead, but the silence from this Government has been deafening, so much so that the Israeli newspaper Haaretz says that France is now the world’s “last, best hope” to stop annexation. This really is shameful. I raised my concerns with the US ambassador—has the Minister? Will he commit to a ban on settlement imports and recognise Palestine, as this House voted to do? Forgive me, I may have missed it. If he will not do those things, can he tell us what exactly he is proposing to do?
James Cleverly
The UK remains a friend and ally to the state of Israel and a good friend to the Palestinian people. It is tempting—and I am sure it will placate certain voices on the left of the political spectrum—to stamp our feet and bang the table, but we will continue to dissuade a friend and ally in the state of Israel from taking a course of action that we believe will be against its own interests, and we will do so through the most effective means available.
Alyn Smith (Stirling) (SNP) [V]
I listened carefully to the previous exchange, and I have much respect for the Minister, but I am not asking him to stamp his feet or bang the table—I am asking him to match the sensible position that he has outlined today on the illegal annexation of the already illegally claimed settlements with some actual action. No amount of warm words and sympathy are going to cut it in this discussion. My party, likewise, is a friend of the two-state solution. We are a friend of the Israeli state, and we are a friend of the Palestinians as well. We want to see a viable solution, but there is a lively debate that we can influence right now within Israel, and we need to put action on the table, not warm words and sympathy. Settlement goods should at the very least be labelled as illegal, and targeted sanctions need to be put on the table to focus the minds of the coalition. I urge him to act, not just talk.
Mr Speaker
I hope, on his second question, the hon. Gentleman will be briefer.
James Cleverly
My right hon. Friend the Foreign Secretary has spoken with his opposite number and other members of the Israeli Government, as have I and indeed our Prime Minister. We are working to dissuade Israel from taking this course of action. There will always be voices in British politics that would jump at any opportunity to bring in sanctions and disinvestment. We do not agree with those voices, and we will continue to work towards a negotiated two-state solution, using the diplomatic means we have at our disposal.
Alyn Smith
I appreciate that answer, and I would urge more. When Russia illegally occupied Crimea, the UK Government, with our support, implemented sanctions with the international community. We need that sort of action now, and I would urge the Minister to greater efforts than we have heard today.
James Cleverly
I reiterated the UK’s position at the UN Security Council on 24 June. I made it clear that annexation would not go unanswered. However, I will not stand at this Dispatch Box in order, as I say, to placate some of the traditional voices in criticism of Israel when the best way forward is to negotiate and speak with a friend and ally, in the Government of Israel, to dissuade them from taking a course of action that we believe is not in their own best interests.
Felicity Buchan (Kensington) (Con)
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Wendy Morton)
On 18 June, we welcomed President Macron and Foreign Minister Le Drian to London to commemorate the 80th anniversary of de Gaulle’s appel. President Macron presented the Légion d’honneur to London and the British people, and also met Their Royal Highnesses the Prince of Wales and the Duchess of Cornwall. The Prime Minister and Foreign Secretary held talks with the President and the Foreign Minister. France is a close neighbour, a key ally and a vital partner, and that day in particular really emphasised our country’s shared history and our future joint ambitions. The Prime Minister, the Foreign Secretary and I continue to have regular phone calls with our French counterparts.
Felicity Buchan
South Kensington is home to a very large and vibrant French community, many of whom now have dual nationality. Will my hon. Friend assure me that, whatever temporary disagreements we may have with France—during, for instance, Brexit negotiations —it will always remain one of our closest and most strategic allies?
Wendy Morton
I can assure my hon. Friend that France will remain one of our closest and most strategic allies. We will continue to co-operate on security, defence, development and foreign policy. In regard to EU negotiations, as the Prime Minister has made clear, the faster we can reach an agreement the better. We welcome the fact that the EU has agreed an intensified timetable and signed up to a sensible process to take the talks forward.
Sir Christopher Chope (Christchurch) (Con)
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Wendy Morton)
The UK mission to the EU, the UK delegation to NATO and the British embassy in Brussels collectively employ about 250 staff. UKMis was reinforced to support our exit negotiations, while still defending our continuing interests in EU decision making. UKMis will continue to be our principal interface with the EU after 31 December. The Government have launched an integrated review of security, defence, development and foreign policy, and the future level of resourcing for all three missions will be determined following this review.
Sir Christopher Chope
It is very disappointing that my hon. Friend has not got a target for the reduction in the number of bureaucrats in Brussels to take effect on 1 January next year. May I suggest that the target might be to reduce the current numbers of 250 down to 50? Can she explain why she does not think that is possible?
Wendy Morton
I thank my hon. Friend for his follow-up question. As I am sure he would understand, as an independent country we of course want to have representation in Brussels because, after the transition period, what will be so important is promoting UK interests and UK influence overseas.
Simon Baynes (Clwyd South) (Con)
Caroline Nokes (Romsey and Southampton North) (Con)
Margaret Greenwood (Wirral West) (Lab)
The Minister for the Middle East and North Africa (James Cleverly)
The UK is deeply concerned about the humanitarian crisis and conflict in Yemen. We fully support the UN peace process and urge all parties to engage constructively with it. The UK has shown extensive leadership in this response, committing nearly £1 billion in support to Yemen since the conflict began. I recently conducted a virtual visit to Yemen, meeting special envoy Martin Griffiths, Yemeni Foreign Minister al-Hadrami and Houthi spokesman Mohammed Abdul Salam, and I urged all parties to engage with the UN peace process.
Simon Baynes
I have been contacted by constituents in Clwyd South about the vital importance of the UK’s humanitarian aid to Yemen. Does the Minister agree that the UK Government’s role in Yemen is a prime example of the joined-up foreign policy and development work that will be needed in the new merged Department?
James Cleverly
My hon. Friend is absolutely right. It is impossible to separate our development work from our wider diplomatic work. The greatest step forward that we could have for the people of Yemen is for the conflict to cease, so that we can concentrate solely on humanitarian support. Conflict resolution is a classic function of the Foreign and Commonwealth Office. Indeed, when I speak to the development partners in country, they prioritise conflict resolution, and the work of DFID and the work of the FCO therefore go hand in hand with supporting the people of Yemen.
Caroline Nokes
There is an urgent and desperate need to continue to work to prevent hunger and suffering in Yemen. Please will my right hon. Friend reassure me that the prioritisation of covid, which is absolutely essential, will not come at the expense of some of the world’s most vulnerable people?
James Cleverly
I completely agree that the UK’s response to coronavirus is important, but we have not allowed it to distract us from the important international work. I recently announced considerable funding support for the humanitarian work in Yemen. As I say, I have had extensive conversations with parties right across the board, and indeed with regional countries, to support the Saudi ceasefire and encourage the Houthis also to engage with that ceasefire. We will maintain our responsibility —we will match our responsibility to the people of Yemen, and I can absolutely guarantee that that will continue under this Government.
Margaret Greenwood [V]
Yemen is facing a humanitarian disaster. According to UNICEF, there are 1.7 million internally displaced children and 2 million children who are acutely malnourished, so what conversations has the Minister had with other Government Departments to ensure that the UK can play its part in addressing this catastrophe?
James Cleverly
The hon. Lady highlights the important work of properly connected government when it comes to UK foreign policy. That is absolutely what under- pins the Prime Minister’s integrated review and his announcement of the merger of DFID and the Foreign and Commonwealth Office. She is absolutely right to suggest that, in order to protect the people of Yemen most properly, whether young or old, the UK Government must work with a co-ordinated approach. I regularly speak with ministerial colleagues in other Government Departments about Yemen, as well as with our international partners. I thank her for so clearly highlighting why it is important that Government Departments work closely on this, as on other issues.
Alan Brown (Kilmarnock and Loudoun) (SNP)
Dave Doogan (Angus) (SNP)
Sarah Champion (Rotherham) (Lab)
Patrick Grady (Glasgow North) (SNP)
The Secretary of State for Foreign and Commonwealth Affairs and First Secretary of State (Dominic Raab)
The new Foreign, Commonwealth and Development office is a huge opportunity for the UK to have an even greater global impact as we recover from the coronavirus pandemic, and also as we prepare to hold the G7 presidency and host COP26 next year.
Alan Brown
The Prime Minister thinks that international aid is a giant cashpoint in the sky and the Paymaster General wants to use the aid budget for a new royal yacht, so it is no wonder that 200 non-governmental organisations are against the proposed merger. It has also been claimed that international aid was undermining the diplomatic processes of the Foreign Office, so can the Secretary of State give me the No. 1 example of where foreign aid was used to undermine foreign policy that justifies the abolition of DFID?
Dominic Raab
The hon. Gentleman is right to point to some of the tensions. The reality is that we think we can have an even stronger impact by integrating—
Dominic Raab
I will give him an example if he waits a second. We think we can have a stronger impact if we integrate development policy and the aid budget with foreign policy. A good example is the GAVI summit, where we smashed the target and raised $8.8 billion. That is a great example where, led by the Prime Minister, we brought together our development heart and soul with our diplomatic muscle and reach. That is what we are going to do with this merger.
Dave Doogan [V]
The Paymaster General suggests spending official development assistance money on another royal yacht, instead of on supporting aid workers and the world-class development NGOs based in the UK that save lives. How does that square with the established commitment that every penny of aid is and will continue to be committed to the sustainable development goals, or are we to expect that definition to fade, along with any substantive connection to the Government’s legal obligation to spend 0.7% of gross national income on overseas aid?
Dominic Raab
I assure the hon. Gentleman that we are committed to spending 0.7% of GNI on aid. The examples of GAVI and COP26, the questions on Yemen and this pandemic all illustrate why bringing together all the different aspects of foreign policy—particularly bringing together aid and development policy with the Foreign Office’s network—is an opportunity for us to be bigger than the sum of our parts abroad and to have an even greater impact as a force for good.
Sarah Champion [V]
The Foreign Secretary is correct that we are starting to manage covid-19 in the north, but in the global south it is causing chaos, decimation and loss of life, as can be seen from the Afghanistan figures today. Will he explain why, when DFID staff are trying their hardest to shore up the global south against covid-19, he has chosen this moment in time to bring forward a confusing, complicated and expensive merger? Is he still looking for the merger to be completed by 1 September? Will the 30% cuts in the ODA budget that the Treasury is asking for be in this financial year or in future spend?
Dominic Raab
I reassure the hon. Lady that we are still committed to delivering the merger by September. She asks, “Why now?”. The reality is that coronavirus has illustrated just why it is so important to have an integrated and aligned approach. We have achieved a huge amount through the international ministerial groups we have brought together, but it has also shown how much more powerful we can be as a force for good abroad if we bring all those different elements together, such as aid and the foreign policy network. The GAVI summit is one example, but there are others. We have a moral duty to support the most vulnerable countries around the world to protect them against and prevent a second wave, but it is also important to save the United Kingdom from the implications of that.
Patrick Grady
As chair of the all-party group on Malawi, I hope the Foreign Secretary will join me in welcoming the election of Lazarus Chakwera as the new President. Malawi has benefited from DFID investment in governance and democracy, and from the transparency initiative, for many years, which has perhaps contributed to this peaceful transition of power. What guarantee is there that in merging the two Departments, that kind of work, which DFID was able to specialise in and which might otherwise be forgotten about, will continue to be provided and properly scrutinised?
Dominic Raab
I join the hon. Gentleman in welcoming the free and fair election in Malawi. It is really important that such things take place in countries that do not have a history or pedigree of democratic transitions. While I agree with him entirely about that, I am afraid that I do not agree with the assumption in his question. From Kenya to Nigeria in Africa, let alone more broadly across the world, the experience in our missions is that we are most effective when we fully integrate and align the development aims and aid budget with the wider foreign policy strategy. That streamlining is precisely what the merger will help us do across the board.
Tom Tugendhat (Tonbridge and Malling) (Con)
May I welcome the words of my right hon. Friend this morning? When he listens to the different aid agencies that have supported the merger, such as the Carronbridge-based HALO Trust, does he realise that what they offer is a real change in how we do foreign policy, not just a change in the way we integrate foreign policy and aid at home? Having a forward-leaning, multinational organisation like DFID shaping the way our diplomats act and our embassies respond is a real opportunity to update the way the Foreign Office acts; it is not just about bringing the two Departments together.
Dominic Raab
I thank my hon. Friend, who chairs the Foreign Affairs Committee. He is right to quote the HALO Trust. He is right that this is an opportunity. Indeed, it will mean significant cultural change for the FCO, not just for DFID. We want to merge and innovate to bring something that is, as I say, the sum of our parts, but also something different. In fact, just one of 29 OECD countries has a separate Development Ministry. I have been talking to the likes of Paul Collier and Professor Stefan Dercon about how we can achieve this in the way that delivers the best impact, particularly in relation to poverty reduction and things like climate change.
Lisa Nandy (Wigan) (Lab)
I am concerned by reports that as part of the DFID merger, the Government have agreed to pause all new aid spending, including the conflict, stability and security fund. At a moment of such global insecurity, that would be an extraordinary decision. In a week when the Government have fired their national security adviser, are stalling on re-establishing the Intelligence and Security Committee, and are delaying the Russia report, can the Secretary of State at least give me a cast-iron guarantee that conflict, stability and security funding will continue to be applied to new projects and that this Government are taking national security seriously?
Dominic Raab
I can reassure the hon. Lady that conflict prevention—humanitarian aid—is going to remain, if not be elevated, as one of the key strategic priorities of the Foreign, Commonwealth and Development Office. There has been no sustained pause, but we are having a review based on the economic figures that will apply given the impact of covid-19 on GNI. That will make sure that we can prioritise the aid budget in the places that need it most. I would have thought, if she is serious about this, that she would welcome that.
Mr Tobias Ellwood (Bournemouth East) (Con)
The Minister for Asia (Nigel Adams)
The United Kingdom is disturbed by reports of militarisation, coercion and intimidation in the South China sea. We note the presence of a Chinese research vessel in Malaysia’s exclusive economic zone in April and May this year, close to a Malaysian-contracted drilling operation. This has raised tensions in the region. We take no sides in sovereignty disputes. We are clear that the best way to reduce tensions in the South China sea is for all parties to resolve their disputes peacefully in accordance with the UN convention on the law of the sea. In May this year, officials raised our concerns directly with China about the recent incidents in the South China sea.
Mr Ellwood
I am grateful for that reply, but it misses the bigger picture. China is tightening its grip on the South China sea, turning places such as the Spratly islands and Paracel islands into military bases, yet the west simply looks on. The UN has confirmed that this activity is actually illegal. Maritime shipping is now denied. The next step will be the airspace, and following that will be the fact that Taiwan will become all the more vulnerable. Can the Minister confirm that the UK does not approve of the nine-dash line and that we need to be more robust in standing up to China, which is taking advantage of the west’s risk-averseness?
Nigel Adams
I thank my right hon. Friend for his question. He has a great deal of experience in this area. With regard to the nine-dash line, as I have said previously, we do not take a position on the underlying sovereignty claims in the South China sea, but we do urge all parties to be transparent: they need to clarify the extent and the legal basis of their claims. UNCLOS provides a comprehensive legal order for the seas and oceans. Any claim should be set out in a way that is consistent with UNCLOS and its arbitration rulings.
Stephen Kinnock (Aberavon) (Lab)
From the Himalayas to the South China sea, Beijing’s aggressive expansionism could have serious consequences for our national security, and yet our Government are absent from the global stage. The Chinese Communist party respects strength and unity and is contemptuous of weakness and division, but successive Conservative Governments since 2010 have been naive and complacent, and Beijing has exploited these weaknesses. Will the Government be making a robust statement of support for Taiwan given that Taiwanese airspace is repeatedly being buzzed by Chinese fighter jets? What steps are the Government taking to forge alliances with key partners in the EU, NATO and the Asia-Pacific democracies to build an international consensus that will enable us to push back against Beijing’s increasingly belligerent behaviour?
Nigel Adams
I appreciate the hon. Gentleman’s question. I do not necessarily agree that we have remained silent on this; in fact, we have been leading the international community. He was present yesterday during the urgent question on the human rights violations in Xinjiang. Our approach to China remains clear-eyed, and it is rooted in our values and beliefs. It has always been the case that where we have concerns, we raise them, and where we need to intervene, we will intervene.
Greg Smith (Buckingham) (Con)
Mrs Heather Wheeler (South Derbyshire) (Con)
The Minister for Asia (Nigel Adams)
We will always stand by the overseas territories. Government Departments, led by DFID and the FCO, are supporting them to respond to the pandemic. Baroness Sugg, the Minister for the Overseas Territories, and the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), are in regular contact with political leaders and governors to assess the situation and identify how the UK Government can best support them. So far, we have procured and delivered medical supplies to all inhabited overseas territories except Pitcairn, which has had no cases of covid-19. That includes delivering testing systems to six territories, enabling them to test for coronavirus for the first time, and boosting testing capabilities in three others.
Greg Smith
I very much welcome my hon. Friend’s answer. I wonder whether he will elaborate on the steps being taken to ensure that those medical supplies and equipment are reaching our overseas territories so that they can respond to covid-19 rapidly.
Nigel Adams
I can confirm that we are working with the overseas territories to support their healthcare systems. In addition to the medical supplies and testing equipment that I mentioned, specialist health professionals from Public Health England provide ongoing advice and support to chief medical officers in each territory, and we have supported a number of them to recruit additional medical personnel.
Mrs Wheeler [V]
South Derbyshire residents care about our deep relationship with our overseas territories, so will my hon. Friend update the House on what security assistance has been provided to the overseas territories to ensure that the UK Government are safe- guarding the wellbeing of their people?
Nigel Adams
It is great to answer a question from my predecessor, who did such a fantastic job as Minister for Asia. It is great to see her live this morning, albeit digitally. The UK Government take their responsibility to protect the safety and security of the people of the overseas territories very seriously. The Ministry of Defence and the Home Office have provided in-territory support to the Turks and Caicos Islands through a security assistance team of military personnel and police liaison officers. Twenty-nine additional military personnel supported Turks and Caicos to counter illegal migration from Haiti, which risks undermining the covid-19 response. Another team is in the Cayman Islands providing reassurance, security and logistics planning for covid-19, and we must also be conscious of the potential for hurricane responses in those areas.
Bambos Charalambous (Enfield, Southgate) (Lab)
Ruth Cadbury (Brentford and Isleworth) (Lab)
Taiwo Owatemi (Coventry North West) (Lab)
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (James Duddridge)
We continue to spend 0.7% of our gross national income on aid, and that is enshrined in law. We will continue to be guided by the International Development (Official Development Assistance Target) Act 2015, including a commitment to spending on reducing poverty, and we believe we will be stronger in that aim as one Department.
Bambos Charalambous
The Secretary of State will soon be responsible for a sizeable amount of official development aid, so can the Minister confirm that the Secretary of State for the future FCDO will be bound by the same rules for aid spending as the current International Development Secretary, including the four key Acts of Parliament that currently govern international development?
Ruth Cadbury
Those with long memories will remember the Pergau dam scandal of the 1990s, where the High Court found that the Government had unlawfully provided aid in exchange for a lucrative arms contract. That was one reason why the Labour Government made the Department for International Development a separate and independent Department from the Foreign Office. What steps will the Government be taking to ensure that we do not see a repeat of the Pergau dam scandal in the future?
James Duddridge
We do not need a separate Department to learn lessons from the past, but that type of transaction would be wholly inappropriate and would not happen under this ministerial team.
Taiwo Owatemi
The UK is rightly proud of its commitment to spend 0.7% of GDP on international aid. The decision by the Government to merge these Departments has been met with criticism by some world-leading international development charities. Former Prime Ministers have also criticised the decision, with David Cameron describing it as a “mistake”. Our international aid commitment can and does save lives, so will the Minister confirm that the budget for international aid will be ring-fenced within a future Foreign, Commonwealth and Development Office?
James Duddridge
We are bound by law to spend 0.7%, so it is not a choice; it is in the law, and we will obey the law. I was one of David Cameron’s Ministers in the Foreign Office in that period, and I found a lack of joined-up thinking. I worked well with DFID, but I think this will work better as one Department and it has already worked better with a Joint Minister.
Douglas Chapman (Dunfermline and West Fife) (SNP) [V]
The Secretary of State for Foreign and Commonwealth Affairs and First Secretary of State (Dominic Raab)
Since the last oral questions, I have called on China, with our international partners, to adhere to its international obligations to respect the autonomy and freedom of the people of Hong Kong; we have welcomed President Macron to the UK from France to celebrate and pay tribute on the 80th anniversary of General de Gaulle’s appel; and I met E3 partners in Berlin last week to discuss Iran, the middle east peace process and ongoing negotiations in relation to Brexit.
I say to the hon. Gentleman that on Yemen we absolutely are part of the solution. I visited Saudi Arabia, where I had the chance not just to meet Saudi Ministers and members of the royal family, but to talk to the President of Yemen. We are fully supporting Martin Griffiths’ work as the UN envoy, and this is an exceptional example of where we can bring our aid budget—the significant contributions that we make—to alleviate the humanitarian plight, while also trying to resolve the broader conflict.
Imran Ahmad Khan (Wakefield) (Con) [V]
Dominic Raab
I am not going to be drawn down the tempting line offered by my hon. Friend, but he is right to say that the merger of our aid budget, and the heart and soul of our development expertise, with the Foreign Office network, and the diplomatic clout and muscle that we can contribute, will make our foreign policy more effective. I think I can give him a crumb of reassurance, which is that trade commissioners will be directly accountable to the ambassador or high commissioner in the specific post. That will make sure that we are more aligned and joined up, country by country, in the way he has described.
Catherine West (Hornsey and Wood Green) (Lab)
In the wake of revelations about potential Russian exploitation of the covid-19 pandemic here in the UK and press reports in recent days that Russian officials have paid bounties for British troops in Afghanistan—who have served for more than 10 years in that most dangerous region—does the Secretary of State accept that the Government’s failure to produce the Russia report, which everyone in this House has been waiting for, shows just how weak the Government are on national security?
Dominic Raab
First, I know that the hon. Lady would not expect me to comment on intelligence matters or, indeed, intelligence matters from other countries. I can tell her that right across the board we work with our Five Eyes partners on some of the nefarious activities that Russia is engaged in. We work very closely, through our security presence in Afghanistan, to protect all our staff and British nationals. The Intelligence and Security Committee report of course awaits the formation of the new ISC, but I understand that it will be published shortly.
Mr Mark Harper (Forest of Dean) (Con)
Dominic Raab
Not only have we had advice from the JBC in relation to the review of quarantine and the potential exemptions, but it has also helped to inform the approach on travel advice. There are of course strict legal requirements that we must go through when we revise travel advice. We are considering exempting certain countries and certain territories, and we will update our travel advice shortly. Indeed, I believe my right hon. Friend will find that the Secretary of State for Transport will today publish a written ministerial statement that will give further updates.
Afzal Khan (Manchester, Gorton) (Lab) [V]
Dominic Raab
I know that the hon. Gentleman follows this issue assiduously. I have raised with the Indian Foreign Minister issues in relation to human rights in Kashmir. We continue to regard it as a bilateral dispute that needs to be resolved between Pakistan and India, but the issues the hon. Gentleman has raised are important, we are concerned about them and we do raise them with the Indian Government.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
Dominic Raab
As I set out in my statement on 19 June, in relation to cyber-attacks we stand shoulder to shoulder with our Australian close friends, partners and allies. We work closely across all Five Eyes partners to strengthen our resilience, and that applies in relation to cyber-attacks from not only state actors but, increasingly, non-state actors as well.
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Minister for the Middle East and North Africa (James Cleverly)
The UK Government’s commitment to Yemen is unwavering. We welcome the ceasefire announcement from Saudi Arabia, and we encourage the Houthis to engage with that peace initiative and to cease their attacks into Saudi. As I say, we support the work of the United Nations special envoy and will continue not only to discharge our humanitarian duties to the people of Yemen but to work at a diplomatic level to bring about a permanent end to the conflict.
Richard Fuller (North East Bedfordshire) (Con)
Dominic Raab
I thank my hon. Friend, who I know has been a stalwart champion of freedom of speech ever since we both entered the House. I reassure him. I spoke to Amal Clooney about the case; Maria Ressa was her client and worked very closely with her. I know that the Minister for Asia has raised this with the ambassador from the Philippines. I also discussed the case with Mike Pompeo, the US Secretary of State.
More broadly, there are three elements of our strategy for preserving media freedom around the world. We have a joint campaign with the Canadians to strengthen media freedoms and protect journalists. We are championing freedom of religious belief around the world and I will shortly—certainly before the summer recess—be bringing the new Magnitsky legislation to this House, both the legal regime and the first designations we will be adopting.
Antony Higginbotham (Burnley) (Con)
Dominic Raab
I have spoken to President Abbas and Benny Gantz and Foreign Minister Ashkenazi, as well as Prime Minister Netanyahu previously. We make clear that the United Kingdom’s consistent position—in fairness, across all sides of this House—is that we want to see a two-state solution based on the 1967 borders. We acutely feel that the vacuum without talks is very dangerous. We want to see talks proceed. That is why we are working with those partners in the region, Arab countries and the E3.
Let me be absolutely crystal clear to the House: we have made clear that any annexation, partial or full, in relation to further territory in the occupied territories and the west bank would be both contrary to international law and counterproductive to peace.
Julie Elliott (Sunderland Central) (Lab) [V]
James Cleverly
The UK’s position on imported goods from Israel remains unchanged. As my right hon. Friend the Foreign Secretary has highlighted, we oppose annexation. We have made it clear to the Government of Israel that we regard it as contrary to international law, and also not in their own interests. That position will remain unchanged.
Jacob Young (Redcar) (Con)
Dominic Raab
I agree with my hon. Friend in relation to the concerns he has raised about Iran’s conduct. We do want to keep the joint comprehensive plan of action. We would like to do better and we think there is an opportunity to do better in the future, but that is what we have got now. In order to hold Iran’s feet to the fire and to hold them to account, the United Kingdom, with our French and German partners, triggered the dispute resolution mechanism. I was in Berlin last week for E3 consultations about how we will approach this issue and how we will continue to hold Iran to account. My hon. Friend is absolutely right; we will strive with all of our international partners to continue the arms embargo on Iran.
Grahame Morris (Easington) (Lab) [V]
Dominic Raab
I am not sure I caught all of that, but I think I caught the gist. One of the things that covid-19 has shown is the need for global co-operation and, frankly, the good co-operation we have had with some that might ostensibly seem unlikely partners. The hon. Gentleman is absolutely right, and I take the opportunity to pay tribute to my Cuban opposite number, who during the coronavirus challenge provided proactive support to ensure that we could get passengers off the Braemar cruise ship—I think I am correct in saying there were something like 600 passengers at very high risk and a significant number of people with coronavirus symptoms—and back to the United Kingdom to the care they needed. We certainly welcome all of that collaboration.
Ruth Jones (Newport West) (Lab)
Dominic Raab
The Foreign Office has put an incredible amount of work in. If the hon. Lady looks at the number of UK nationals who have been returned, it is over 1 million because of the work we did to keep commercial flights going. There were also the special charter flights we commissioned. We put £75 million in and tens of thousands of people got home via that route. I think we have had one of the most proactive and effective responses. It has been very difficult. We have also made sure there are loans for those who would otherwise be stranded. I am proud of the work across Government, but particularly from the consular division of the Foreign Office, to look after British nationals in their time of need.
Mr Speaker
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 three minutes.
Speaker’s Statement
Mr Speaker
It may be helpful to announce that, with effect from today, the length of time before the doors are locked in each Division will be reduced further. This will be 15 minutes for the first Division and, if possible, 12 minutes for subsequent successive Divisions.
Civil Service Appointments
(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Nick Thomas-Symonds (Torfaen) (Lab)
(Urgent Question): To ask the Home Secretary, if she will make a statement on the appointment of the National Security Adviser and other senior civil service positions.
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The Prime Minister has outlined today in Dudley how the Government will move to a new phase of their coronavirus response and focus on building a strong domestic recovery. Yesterday, he also set out a new structure of Cabinet committees better to co-ordinate our foreign and domestic policies. These reforms underline the need for separating the roles of National Security Adviser and Cabinet Secretary and head of the civil service.
These two senior positions have, of course, been separate under previous Administrations. Each is of vital importance, given the challenges ahead, and it is appropriate that they should be filled by two individuals who can serve in their respective posts through the rest of this Parliament. For this reason, the Prime Minister and Sir Mark Sedwill agreed some time ago that Sir Mark would stand down in September.
Sir Mark is a supremely dedicated, highly professional and hugely accomplished public servant. As the Prime Minister wrote in his letter of thanks to Sir Mark:
“You have done it all in Whitehall: from Afghanistan to the modernisation of the civil service; from immigration policy to Brexit and defeating coronavirus”.
I would like to add my own personal thanks for the exemplary contribution that Sir Mark has made to this country. Working alongside him has been both a pleasure and a privilege and I know that he will continue to contribute to the service of this country.
Sir Mark’s successor as NSA is also a distinguished public servant. David Frost has served for decades in our diplomatic service. A former ambassador, he has also been director of the Foreign and Commonwealth Office’s policy planning staff and principal foreign policy adviser to the Foreign Secretary. He is now, of course, the UK’s negotiator, shaping our future relationship with the EU, covering issues from trade and tariffs to security and defence co-operation. As NSA, David Frost will help to deliver this Government’s vision for Britain’s place in the world, supporting the Prime Minister in reinvigorating our national security architecture and ensuring that we defend our interests and values across the globe.
The NSA is a relatively new position, but it is always an appointment for the Prime Minister of the day. The First Civil Service Commissioner has agreed the position can be regarded as a political rather than necessarily civil service appointment. While it is a unique role, David Frost’s status will be akin to that of a special envoy representing the UK abroad, speaking publicly and setting the agenda for policy making. He will not be a permanent secretary or a special adviser, and the civil service will support him in the same way as any other political appointee: with objectivity, honesty, integrity and impartiality.
A competition will be launched shortly for the combined role of Cabinet Secretary and head of the civil service. This is open to existing and former permanent secretaries. We have been fortunate over the years to have been served by a series of outstanding Cabinet Secretaries, including Lords O’Donnell, Turnbull, Wilson, Butler and Armstrong, and, of course, Lord Heywood and Sir Mark. I have no doubt that their successor will continue their tradition of distinguished and dedicated public service.
Mr Speaker
May I just say, as this is a very important matter, that at some point the Government ought to be coming to the House with statements, rather than me granting UQs? Can we bear that in mind in future?
Nick Thomas-Symonds
I am grateful at least to the Cabinet Office Minister for turning up on behalf of the Home Secretary. I am also grateful to you, Mr Speaker, for granting this urgent question.
After Sir Mark Sedwill’s letter on his departure—and I thank him for his work—No. 10 put out a press release indicating that the Prime Minister had appointed David Frost, currently the Prime Minister’s European adviser and chief negotiator with the EU, as the new National Security Adviser. The first duty of any Government is to keep people safe, and in carrying out that duty any Government should have objective, and at times challenging, advice from their National Security Adviser. That is why making a political appointment takes this Government into such dangerous territory.
Independent, impartial, specialist advice on national security is crucial. Prime Ministers come and go, but security threats remain and evolve. Can the Cabinet Office Minister give one good reason why this is a political appointment? Can he tell us to whom ultimately the new National Security Adviser is accountable, and if he will be subject to the code of conduct for special advisers in this new special envoy status that seems to be being bestowed upon him? Was the Civil Service Commission involved in this appointment, and if so can the Minister outline what the commission ruled? Have the intelligence agencies and the wider intelligence and security community been consulted on this being a political appointee? And at such a crucial time in our trade negotiations with the EU, how will Mr Frost’s additional responsibilities impact upon him being able to achieve the best outcome for the United Kingdom by the end of the year, as the Government have promised?
Also very worrying is the wider issue of a lobby briefing from February that No. 10 had a hit list of several permanent secretaries that it wanted to push out. Our civil service and our civil servants are world leading and we should be proud of the extraordinary work they do. Weak Prime Ministers take advice only from those who agree with them; those who put the national interest first should welcome different views and welcome challenge. So can Cabinet Office Minister tell us, quite simply: what is the Prime Minister so afraid of, and why will he not put his duty to keep people safe first?
Michael Gove
I am very grateful to the shadow Home Secretary for his questions. I am sorry that he did not find time to thank Sir Mark Sedwill for his service—
Michael Gove
Okay. I appreciate the hon. Gentleman’s kind words now.
The hon. Gentleman asked about objective and challenging advice. Sir David Frost is a distinguished public servant who has spent decades in diplomatic service and as such has given advice to Labour and Conservative Governments without fear or favour. There is no suggestion that Sir David is anything other than an exemplary public servant capable of discharging his duties and responsibilities with authority and integrity, and in a way which will guarantee the safety and security of all. He is, of course, accountable to the Prime Minister, and he will operate as other special envoys have. It is not a novelty, as the hon. Gentleman implied, to create special envoys: under Labour Ann Clwyd was made a special envoy on human rights in Iraq, Des Browne was the special envoy on Sri Lanka and, of course, Michael Levy was made special envoy to the middle east. In each of these roles, appropriate political appointments were made.
The hon. Gentleman also asked about the First Civil Service Commissioner. The First Civil Service Commissioner, as I pointed out in my remarks, has agreed that it is entirely appropriate for this role to be carried out by a political appointee. I think it is important that all of us recognise that Prime Ministers, whether Labour, Conservative or any other colour, should have confidence in those advising them, and those advising them should also operate in a way that is true to the highest traditions of public service. That has always been the way in which David Frost and Sir Mark have carried out their duties, and I am confident that will be the case for the National Security Adviser in the future and for the future Cabinet Secretary.
Mrs Theresa May (Maidenhead) (Con)
Thank you, Mr Speaker. May I first pay tribute to Sir Mark Sedwill and thank him for his extraordinary public service over many years? I served on the National Security Council for nine years—six years as Home Secretary and three as Prime Minister. During that time, I listened to the expert independent advice from National Security Advisers.
On Saturday, my right hon. Friend said:
“We must be able to promote those with proven expertise”.
Why, then, is the new National Security Adviser a political appointee, with no proven expertise in national security?
Michael Gove
Like my right hon. Friend, I, too, want to pay tribute again to Sir Mark. Having served in Cabinet when she was Prime Minister and Sir Mark was Cabinet Secretary, I appreciate just how much we all owe to him for his distinguished public service. I should also say that we have had previous National Security Advisers, all of them excellent, not all of whom were necessarily people who were steeped in the security world; some of them were distinguished diplomats in their own right. David Frost is a distinguished diplomat in his own right and it is entirely appropriate that the Prime Minister of the day should choose an adviser appropriate to the needs of the hour.
Joanna Cherry (Edinburgh South West) (SNP) [V]
Of course, Sir Mark Sedwill should be thanked for his distinguished service, but the truth is that his card was marked last year when he warned the Cabinet that Brexit would be a disaster. He also said that the consequent recession could be worse than 2008 and that prices could go up by 10%. This is all about the revenge of the Vote Leave campaign, whose so-called mastermind is now pulling the strings of this Government—although one does have to wonder about the masterliness of a mind that thinks a good way to test one’s eyesight is to go for a 60-mile drive.
I have three questions for the Minister. First, will he confirm that this is the start of the hard rain that Dominic Cummings promised for the civil service? Secondly, it has long been thought desirable for the Government to have the assistance of a civil service that is neutral, objective, above party politics and free from the taint of apparent bias. Does the Minister think there is any merit left in those qualities? Thirdly and finally, Lord Ricketts, himself a former National Security Adviser, has queried whether Mr Frost, a former diplomat, has the necessary experience of the wider security and defence agenda to fulfil the role of National Security Adviser. Will the Minister detail for us what experience Mr Frost has in those fields? Or should we be left with the impression that, even when it comes to national security, it is more important to have yes men in post than people with the requisite experience?
Michael Gove
I thank the hon. and learned Lady for her questions. The objectivity, neutrality and authority of our civil service is a source of pride to this Government, as it has been to previous Governments. I have been fortunate, in a variety of Departments, to work with civil servants of the highest standard, to whom I owe so much. I had the opportunity on Saturday, in the speech that my right hon. Friend the Member for Maidenhead (Mrs May) referred to, to thank them for saving me from mistakes that I might have made and for ensuring that policies that this Government have developed were delivered effectively.
The hon. and learned Member for Edinburgh South West (Joanna Cherry) asks about previous National Security Advisers and their range of expertise. It is true that Sir Peter, now Lord Ricketts, was chairman of the Joint Intelligence Committee, and permanent representative to NATO, but it is also the case that other previous National Security Advisers, including Mark Lyall Grant and Kim Darroch, were distinguished diplomats, without necessarily being steeped entirely in the world of security and intelligence. It is appropriate that the Prime Minister’s adviser on national security should be someone with diplomatic expertise. It is also the case, of course, that David Frost, in the negotiations that he is conducting with the European Union at the moment, is tackling and dealing with delicate questions of national security and defence co-operation as well.
Mr William Wragg (Hazel Grove) (Con)
May I thank Sir Mark for his service, on behalf of the Public Administration and Constitutional Affairs Committee? Notwithstanding the particular nature of the appointment, is the combination of the National Security Adviser and the Cabinet Secretary posts not a recent innovation? Is my right hon. Friend’s reforming zeal not merely a restoration of things past? Could he also confirm that the Civil Service Commission will be obliged to recommend the appointment of a current or former permanent secretary for the role of Cabinet Secretary, rather than an outsider?
Michael Gove
My hon. Friend is absolutely right. The Civil Service Commission has advised, and the Prime Minister has agreed, that it should be either a current or former permanent secretary who becomes the next Cabinet Secretary. He is also right that traditionally the roles of National Security Adviser and Cabinet Secretary have been split. When former Prime Minister David Cameron was in opposition, the then principal national security adviser was of course a political appointee.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Will the new politically appointed special envoy and National Security Adviser be responsible for the performance reviews of the heads of MI5, MI6 and GCHQ? Does the Minister agree that nothing should be done to suggest any political interference in the crucial intelligence agencies that support our national interest?
Michael Gove
The right hon. Lady makes an important point, and of course those reviews are carried out by those who can be fully objective, in the round, in a way that is free of any taint of political interference.
Jacob Young (Redcar) (Con)
In a speech at the weekend, my right hon. Friend set out a wider strategy for civil service reform and referenced President F. D. R. He said:
“FDR asked his government to remember the forgotten man. In the 2016 referendum those who had been too often forgotten asked to be remembered”.
With that in mind, what steps is he taking to ensure that my constituents in Redcar and Cleveland will never be forgotten and that they have a civil service that truly works for them?
Michael Gove
My hon. Friend makes an important point. We have a superb civil service, but it is also important that we make sure it serves the people of this country even better. The Prime Minister in his speech in Dudley today announced that part of the doubling down on levelling up was making sure that more important policy-making roles in our civil service were carried out closer to people, including on Teesside.
Wendy Chamberlain (North East Fife) (LD)
In his Ditchley lecture at the weekend, the Minister said:
“How can we in Government be less southern, less middle class, less reliant on those with social science qualifications and more welcoming to those with physical science and mathematical qualifications”?
I am pleased the Government now think that experts are important, but can he set out how his Ditchley commitments were taken into account in the political appointment of a non-expert and arguably initially part-time new National Security Adviser?
Michael Gove
There is no question but that David Frost is an expert. Someone who spent decades in diplomatic service, is currently conducting a complex international negotiation and was head of policy and planning at the Foreign and Commonwealth Office is hardly an ingénue in the world of foreign affairs, but I am grateful to the hon. Lady for pointing out that we need to be a little less southern. Voices from Lancashire and Scotland are always important in the national conversation.
Bob Stewart (Beckenham) (Con)
Following up what the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Home Affairs Select Committee, said, may I ask who reports to who? Do members of the various security services report to the National Security Adviser or to a Cabinet Minister? Does the National Security Adviser report directly to the Prime Minister or to another person?
Michael Gove
The Secret Intelligence Service and GCHQ are answerable to the Foreign and Commonwealth Secretary, and MI5 to the Home Secretary, and the National Security Adviser is, and always has been, accountable to the Prime Minister of the day.
John Mc Nally (Falkirk) (SNP) [V]
Could the Minister try a wee bit harder to explain to everyone watching why Sir Simon McDonald, Sir Philip Rutnam, Sir Kim Darroch and now Sir Mark Sedwill have been hung out to dry by the Government, when a man with great power but no responsibility, who can flout laws, and who is openly laughed at and disbelieved by the Great British public still has a job?
Michael Gove
I am not sure to whom the hon. Gentleman is referring—[Interruption.] I’m not, I’m not—I’m a simple soul. I am not sure to whom he was referring in the second part of his question, but all those he mentioned are distinguished public servants. In particular, I would like to place on the record my thanks to Sir Simon McDonald for the excellent work he has done, and is still doing, at the Foreign and Commonwealth Office, and to Sir Kim Darroch, who was a very distinguished National Security Adviser as well as a great ambassador to the United States.
James Sunderland (Bracknell) (Con)
Given the timing of David Frost’s appointment, could the Minister please outline the extent to which security considerations will be on the table during our Brexit negotiations and, in particular, on any role that David Frost might have in the forthcoming integrated review?
Michael Gove
It is the case, as my hon. Friend rightly points out, that one aspect of our negotiations on our future relationship with the European Union relates to internal security as well as defence co-operation, and Mr Frost is well-equipped, well-briefed and authoritative on those issues. It is also the case that an integrated review of defence, aid and foreign policy will be carried out by the National Security Council. It will be the case that David Frost will lead on that, ably assisted by the two deputy national security advisers and, of course, ultimately accountable to the National Security Council itself, which is a Cabinet Committee.
Mr Andrew Mitchell (Sutton Coldfield) (Con)
I served on the National Security Council in the first two and a half years after it was set up—with my right hon. Friend in fact—and it does seem to me that it is clearly sensible to have the National Security Adviser separate from the head of the civil service. Both are very exacting roles: they may fit closely together, but they are very different. I have read digitally my right hon. Friend’s brilliant, and long, speech at the weekend: will he confirm the centrality of the National Security Council—the reform that we introduced in 2010—and in particular in its role of wiring together defence, diplomacy and development in our national interest?
Michael Gove
I congratulate my right hon. Friend on displaying the stamina to read all of the speech. It would have been a shorter speech had I had the time to edit it appropriately. His point is absolutely correct. The creation of the National Security Council was an innovation pioneered by David Cameron when he was in Opposition. The potential National Security Adviser at that time was a political appointee, and it was the case when the coalition Government was formed that the distinguished figure of Lord Ricketts, then Sir Peter Ricketts, became the first National Security Adviser. It is an innovation in the governance of the UK, but it is one that has served us well, and it is of course the case that national security advisers in other countries are very often political appointees.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Will Mr Frost have finished with his duties as the EU negotiator by the time he takes the security job, or is it still the Government’s view that the National Security Adviser should be a part-time role?
Michael Gove
We are confident that we will be making progress over the course of the next few weeks in EU negotiations. They are being conducted intensively, specifically at the request of the Prime Minister and the President of the European Commission.
Brendan Clarke-Smith (Bassetlaw) (Con)
May I thank Sir Mark for his service and wish his successor all the best? Does my right hon. Friend agree that the fundamental changes that are needed in the civil service go beyond personnel changes at the top and need to reflect the people’s priorities?
Michael Gove
My hon. Friend is absolutely right. Of course it is the case that there will always be turnover in the civil service. The normal length of tenure for someone in a permanent secretary role is five years, and it is also the case that previous Governments, in order to ensure that they could achieve their agenda, had political appointees. It was the case that the previous Labour Government had, in the persons of Alastair Campbell and Jonathan Powell, two political appointees who were given the power through Order in Council to give direction to civil servants. My hon. Friend is right that we need to ensure we have the broadest possible talent pool and an exciting agenda of reform.
Matt Western (Warwick and Leamington) (Lab)
We have heard that we lost Kim Darroch, Philip Rutnam, Simon McDonald and now Mark Sedwill. In appointing Sir David Frost as National Security Adviser, is this what the Minister meant in June 2016 when he said that
“people in this country have had enough of experts”?
Does he believe now that we have gone from “Yes, Minister” to “Yes, special adviser”?
Michael Gove
I am grateful to the hon. Gentleman for reminding me of what happened in 2016, when the people of this country voted to leave the European Union. I am afraid that he has edited what I said at the time, which was that we had had enough of experts from organisations with acronyms that had got things wrong in the past. I was specifically referring to the legions of economic modellers in organisations like the IMF and the CBI who argued that we should join the euro and then were proven wrong because we were successful outside the euro. My own view is that expertise is to be applauded and should be rewarded, particularly in quoting opposing politicians. So I hope that he will look back again at the record and gently correct it.
John Redwood (Wokingham) (Con)
I strongly support the split of the two roles; they are very big and very different jobs. When the Government come to appoint a new Cabinet Secretary and head of the Civil Service, will they pay special attention to the need to improve the accuracy, timeliness and relevance of data being used by chief executives and other senior managers throughout the civil service and the agencies, as well as by Ministers, so that they can ask the right questions and provide the right supervision? There could be a lot of improvement in that area.
Michael Gove
My right hon. Friend is right. He was intimately involved in a programme of Whitehall reform when he was head of the Prime Minister’s policy unit in the 1980s, as a very young man. The innovations that were brought in at that time under political appointees such as Sir John Hoskyns and others helped to create the “next steps” agencies, which were so vital in ensuring that there was greater accountability in the delivery of public services. We could do well to learn from some of the examples that he set.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP) [V]
Under this Dominic Cummings Government, senior civil servants are in the firing line like never before, with three resignations and one industrial tribunal all in the space of six months. What steps will the Minister take to end this toxic workplace environment for senior civil servants, or can we expect a season of hard rain which puts us on a slippery slope towards US-style yes-men government based on political appointments?
Michael Gove
Well, the Scottish National party knows something about the importance of political appointments in government in order to deliver its agenda. It is only fair to record that, far from there being any sort of toxicity, the environment in which our civil servants work is one characterised by their determination to put public service first, and for that I thank them.
Alexander Stafford (Rother Valley) (Con)
What reassurances can my right hon. Friend give the House that, rather than leading to delays and disruptions, these changes to the civil service’s top team will turbo-charge the Government’s levelling-up agenda—an agenda that the Prime Minister reiterated his commitment to today?
Michael Gove
My hon. Friend is right. We need to ensure that we reform how the Government work in order to deliver better for the people whose taxes we spend and in whose name we act. The Prime Minister’s speech in Dudley today was a clarion cry for reform, and we need to ensure that Government are in a position to deliver it.
Hilary Benn (Leeds Central) (Lab)
Sir Mark Sedwill steps down at the end of September and will be replaced as National Security Adviser by David Frost, who will also remain the EU chief negotiator, which he says will be his “top single priority” until the negotiations have concluded. If the negotiations carry on into October and beyond, who will have the nation’s security as their top single priority, or is this just a case of misapplied persistent experimentation?
Michael Gove
Like me, the right hon. Gentleman is a believer in experimentation, scientific method, empiricism and pragmatism. As we both know, the negotiations with the European Union are accelerating at the moment, as both sides seek to find a conclusion over the course of the next five weeks.
Sir Edward Leigh (Gainsborough) (Con)
I am sure the Minister agrees that the incorruptibility and independence of mind of the civil service is one of the key features of our government, but it occurs to me that there may be a bit of hype around this issue. Surely someone who spends decades as a professional diplomat can hardly be accused of not knowing anything about national security, and surely independence is in their DNA. There is also hype about all these advisers—about Dominic Cummings and David Frost. These people just give advice. Can we not rely on the Prime Minister and the Minister to actually run the country? They are quite capable, are they not?
Michael Gove
As ever, my right hon. Friend speaks good sense. It is the case that national security advisers, like other advisers, are there to advise, and then Ministers decide.
Rushanara Ali (Bethnal Green and Bow) (Lab)
The Minister has said that he believes that civil service objectivity, neutrality and expertise is a source of pride, so why are his Government riding roughshod over that objectivity, neutrality and expertise and politicising a very important national security appointment?
Michael Gove
I should say that we never had a National Security Adviser under a Labour Government. Some of us might think that we were well or poorly governed at that time, but it seems to me slightly recherché of the Labour party to object to the evolution of a role that it had no part in either creating or advocating.
Sara Britcliffe (Hyndburn) (Con)
Can my right hon. Friend outline what steps the Government are taking to attract new talent to the civil service and ensure that we have the right people in the right job and the right location, so that the civil service works for all constituencies, such as Hyndburn and Haslingden?
Michael Gove
My hon. Friend is absolutely right. In the speech to which some hon. Members referred earlier, I made the point that we needed to disperse decision making in the civil service, and one of the locations I suggested we should think about locating more key decision makers was east Lancashire.
Stephen Farry (North Down) (Alliance)
From addressing nuclear proliferation to countering terrorism, there is a need to build and sustain relationships with European allies and, indeed, to secure a future relationship deal on policing and security co-operation. So how do the Government plan to reconcile David Frost’s role as National Security Adviser with his role as Brexit negotiator, in which he is currently engaging in brinkmanship, and indeed the risk of no deal at the end of the year?
Michael Gove
I should think that it is precisely because David Frost is involved in complex and serious negotiations about security and defence co-operation with our European allies that he is supremely well placed to take on the role of National Security Adviser.
Tom Tugendhat (Tonbridge and Malling) (Con)
Having served in Afghanistan with Sir Mark, can I add my thanks to him as a hugely distinguished civil servant, diplomat and indeed, in many ways, our top securocrat? Can I also pay tribute to the work that he has achieved in reforming the government in the last few years?
Before the new National Security Adviser appears before the Foreign Affairs Committee, as he surely will in his new post—I am sure the Chancellor of the Duchy of Lancaster will add weight to make sure that that representation or that parliamentary scrutiny happens—can my right hon. Friend assure me that the new National Security Adviser will actually work to build up alliances, not just simply talk about Britain first?
Michael Gove
My hon. Friend, the Chairman of the Select Committee, makes a very important point. David Frost has already appeared in front of Select Committees—the Select Committee on the Future Relationship with the European Union and also the House of Lords European Union Committee—and I am sure that he would be delighted to take up that invitation. As my hon. Friend quite rightly points out, the building and maintenance of alliances are critical to projecting our interests and protecting our values globally.
Mr Kevan Jones (North Durham) (Lab)
Can I add my thanks to Mark Sedwill for his work both in security and as Cabinet Secretary? Mr Frost is a political appointment. He has been given a seat in the other place, but he is not a Minister; he is a special envoy. Picking up on the question that the Chair of the Foreign Affairs Committee has just raised, will the ISC and other Committees that scrutinise his work be able to summon him before them to scrutinise what he is doing? That is important if we are going to have clear parliamentary oversight of his role. I think that needs clarifying, because the Minister in his reply to the Chair of the Foreign Affairs Committee did not answer that question.
Michael Gove
I am sorry if I failed to provide the clarity required, but I am sure that for all Select Committees, including the very important ISC, David Frost will make himself and his colleagues available so that he can answer questions.
Jerome Mayhew (Broadland) (Con)
The civil service review into the effectiveness of the National Security Council concluded:
“The NSC demonstrates the potential benefits of a ‘strong grip’ at the centre and the ‘halo effect’ of consistent prime ministerial investment of time and effort in committee work.”
Does my right hon. Friend agree with me that this strong grip will only be increased by the appointment of David Frost as National Security Adviser, a person who works effectively with the Prime Minister, has his full support and has demonstrated impressive ability during the trade negotiations with the European Union and during his long diplomatic career?
Michael Gove
My hon. Friend is absolutely right: it is important that someone in that role commands the confidence of the Prime Minister and is capable of working effectively with him. I should say—[Interruption.] The right hon. Member for North Durham (Mr Jones) makes a comment from a sedentary position. The Labour Government between 1997 and 2010 were responsible for many good things, but the idea that they were entirely free of any political appointees will, for most students of contemporary history, seem to be a form of selective amnesia.
Ronnie Cowan (Inverclyde) (SNP) [V]
During an evidence session of the Public Administration and Constitutional Affairs Committee last March, Mark Sedwill came under considerable scrutiny regarding the demands of fulfilling two very important roles. The Minister is now asking David Frost potentially to do the same, as he is currently the UK Government’s chief Brexit negotiator and, as was mentioned earlier, he has stated that that is his “top single priority”. Given his lack of experience of the wider security and defence agenda, does the Minister not think that his entire focus from day one should go on this new job, or is the role of National Security Adviser now reduced to being a yes man to the Prime Minister?
Michael Gove
I gently remind the hon. Gentleman that the role of National Security Adviser did not exist before 2010; it was created by David Cameron as Prime Minister. The hon. Gentleman is also quite wrong to say that David Frost has no experience in these areas. He is a distinguished diplomat, he has been an ambassador, and he is dealing with negotiations at the moment that involve security and defence co-operation.
Andrew Griffith (Arundel and South Downs) (Con)
Does my right hon. Friend share my genuine confusion at the ambivalence of those on the Opposition Benches and at the fact that someone who was first appointed to the Foreign Office at a time when the shadow Home Secretary was seven years old and who has served in Denmark, Paris, Cyprus and the United Nations does not command their full support?
Michael Gove
I quite agree with my hon. Friend. One of the surprising things about the tone taken by some Members on the Opposition Benches is the idea that someone who has dedicated their life to public service, such as David Frost, should be barred from office.
Chris Bryant (Rhondda) (Lab)
If I am honest, I do not really care who the Prime Minister appoints as his National Security Adviser. It is entirely up to him; he can appoint all the duff ambassadors who have ever walked through the Foreign Office, if that is what he wants to do. However, my fear is that in creating this mixed role, where somebody is a quasi-Minister who has been given a job for life in the House of Lords, who is a member of the legislature but it is meant to be a special adviser, and who is a special adviser who can none the less give direction to civil servants, he has created Frankenstein’s monster.
Michael Gove
I am grateful to the hon. Gentleman for making the point that the choice of National Security Adviser is properly one for the Prime Minister. I dissent from the assertion that there was anything duff about the ambassadorial role that David Frost played. He has been a very distinguished civil servant—
Michael Gove
He was a very distinguished civil servant, and it is certainly the case that those whom I know who work in the Foreign Office have nothing but praise for him. Talking about political appointments, the distinguished former Cabinet Minister, Paul Boateng, was appointed by a Labour Government as high commissioner to South Africa and, as I mentioned earlier, a Member of the House of Lords, Michael Levy, again a distinguished figure who was a fundraiser for the Labour party, was appointed as a special envoy to Israel. My own view is: Michael Levy, Paul Boateng—good appointments; David Frost—excellent appointment.
Harriett Baldwin (West Worcestershire) (Con)
The National Security Adviser is clearly a very important role. It should be a separate role and I am sure that David Frost is well qualified to do it. On the confidentiality of secure Government information, could the Chancellor of the Duchy of Lancaster update the House on what happened to the investigation into the leak of the diplomatic telegrams from Sir Kim Darroch?
Michael Gove
My hon. Friend, who was a distinguished Foreign Office and International Development Minister, raises an important point. This is an area outside my immediate responsibility, but I will report back to the House on it.
Ms Angela Eagle (Wallasey) (Lab)
I congratulate the Secretary of State for making the most outrageous points and keeping a straight face. He is very good at doing that. Will he answer the question asked right at the beginning of this debate by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May)? Precisely what are the new National Security Adviser’s qualifications in national security, which, after all, all of us care about because it is about the safety and security of each and every person in this country? What are his specific qualifications and expertise, and why on earth, given his other job, was he considered even for a second for this role?
Michael Gove
I know it was salty, but nevertheless there was an air of sweetness about it as well.
The broader point, though, is that, as I mentioned earlier, David Frost is involved in one of the most complex diplomatic negotiations that has ever been conducted, and a diplomatic negotiation that relates specifically to defence and security co-operation as well as to tariffs and trade. He has been a civil servant—a diplomat—for decades. It is the case that Mark Lyall Grant, who was National Security Adviser, and Kim Darroch, who was National Security Adviser, were not people who were steeped in the world of intelligence and security; they were gifted diplomats and gifted public servants, and of course they were supported, as David will be, by a superb team in the National Security Secretariat.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Does my right hon. Friend agree that a key lesson from all research about politically led organisations is that one-size-fits-all structures are doomed to fail, that leaders need to be able to structure their top teams to best deploy the available talent, and that leaders remain politically accountable for any decisions that they take as a result of their advice?
Michael Gove
My hon. Friend, who is a very distinguished council leader, is absolutely right. During the second world war, for example, the Churchill-Attlee Government appointed people such as Professor Frederick Lindemann, who came from outside Whitehall but added specific expertise. There is no such thing as a one-size-fits-all approach towards government; what it does, when it is done well, is marry the expertise of the civil service with challenge from politicians and others.
Anne McLaughlin (Glasgow North East) (SNP) [V]
To my mind, it is just inexplicable that the Government would seek to completely overhaul the civil service at a time when stability and clarity are crucial in tackling the covid crisis. Why on earth have the Government chosen a time of unprecedented uncertainty to dismiss the head of the civil service and then to set out on the inherently ideological vision of the unelected Dominic Cummings to politicise the UK’s world-class civil service?
Michael Gove
I am glad that the hon. Lady says that the UK’s civil service is world-class. That is one of the reasons why I hope that Scotland will continue to benefit from its expertise and authority and that the chimera of separatism will be seen off. I will make sure that the hon. Lady’s paean of praise to the UK Government is shared across Scotland between now and May.
Dehenna Davison (Bishop Auckland) (Con)
I join many colleagues across the House in paying tribute to Sir Mark Sedwill for his many years of distinguished service. Today, we heard the Prime Minister talk about levelling up and about how talent is spread right across our country. There is great talent in Bishop Auckland, but many young people in the north-east do not see the civil service as an achievable place to work. Does my right hon. Friend agree that getting some major elements of the civil service out of London—perhaps into County Durham—is a great start to making that happen?
Michael Gove
My hon. Friend is spot on. Whether they are in Newcastle, County Durham or Teesside, we need to make sure that the many talented young people in the north-east regard public service as within their reach. We need to bring Government closer to them to better reflect the diversity of this country, and to better reflect the cognitive diversity that means having appropriate challenge for Government.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
The first duty of any Government is to keep their citizens and their country safe and secure. However, the Prime Minister, having gradually forced out a highly respected national security expert, has decided to replace him as National Security Adviser with his political friend—someone who has never worked in defence or security intelligence and who, in fact, until recently was the head of the Scotch Whisky Association and the chief executive officer of the London Chamber of Commerce and Industry. Can the Minister explain why the Government hate hiring experts? Will he also confirm widespread rumours that the Prime Minister believes his plumber should be the next manager of the England football team?
Michael Gove
Speaking as a supporter of the Scotland football team, I think that appointing a plumber to be the manager of the England football team would be a novel and interesting way of evening the odds.
Dr Julian Lewis (New Forest East) (Con)
My right hon. Friend may not be aware that there was a six-month stand-off in 2018 between the then Defence Committee and No. 10 over whether Sir Mark Sedwill, newly appointed as National Security Adviser, should appear before that Committee, because it was argued that he appeared before the Joint Committee on the National Security Strategy and he need not come to us. Can my right hon. Friend give us an assurance that this National Security Adviser will indeed testify as required before all relevant Committees, including the Foreign Affairs Committee, the Defence Committee and, who knows, the ISC, if it is re-established by then?
Michael Gove
I very much take on board my right hon. Friend’s point. it is the case that normally for any particular official or Minister there will be one Select Committee, which is the principal area to which they will be accountable. But, speaking for myself in my own role, I have been held accountable by the Committee on the Future Relationship with the European Union as well as by PACAC. I know that David Frost will want to engage with all the Committees of this House and the other place in order to ensure appropriate scrutiny.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
The Minister must have misheard the question from the Chair of the Home Affairs Committee, but, because I am very kind, I will ask him again. Will the party politically appointed National Security Adviser be responsible for the performance reviews of the independent heads of intelligence and security services?
Michael Gove
I know that the hon. Lady was a very successful teacher before she came to this place, so I am grateful to her for giving me the opportunity to resit the exam, and I hope that I will be able to pass it this time. It will not be the case that there will be any individual responsible for that, no.
Rob Butler (Aylesbury) (Con)
Does my right hon. Friend agree that appointments to civil service positions need to reflect the experience of people of all backgrounds to be relevant to the needs of the hour? That means all types of school, all parts of the country, people from the charity sector and the private sector, as well, of course, as talented and skilled public servants?
Michael Gove
Yes, I absolutely do agree, and diversity of background and cognitive diversity are important in public service.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The idea that this is about social mobility is for the birds. General Sir Richard Barrons, the former chief of Joint Forces Command and indeed a Deputy Chief of the Defence Staff, described this as
“a move for ‘chumocracy’. Someone in Boris Johnson’s inner circle is being moved higher up the inner circle”
He also said that
“when it comes to matters of security, his knowledge is zero, and that is a matter of concern.”
One of the key lessons from the Chilcot inquiry was the importance of speaking truth to power. How can a political appointee of this nature, part of the chumocracy, speak truth to power?
Michael Gove
I note that the Chilcot inquiry was an inquiry into the conduct of foreign affairs under a Labour Administration. Anyone who has seen how those in the National Security Secretariat discharge their responsibilities under this Administration will know that they consistently speak truth to power.
Mr Mark Harper (Forest of Dean) (Con)
May I put on record my thanks to Sir Mark Sedwill for his public service? I served with him when he was permanent secretary at the Home Office, and I served in that Department as Immigration Minister. I know that he brings a tremendous set of skills and has served our country faithfully over many years. Looking at the responsibilities of the National Security Adviser as the secretary to the National Security Council, which covers a wide range of matters, not just national security, it seems to me that David Frost is eminently qualified. That council also has the heads of the agencies and the military chief sitting on it. May I ask the Chancellor of the Duchy of Lancaster whether, given all the threats and challenges facing the country, he anticipates the National Security Council sitting relatively frequently in the months to come?
Michael Gove
I am really grateful to my right hon. Friend for making that point; I should have made it earlier. It is the case that when the National Security Council sits, it is absolutely required that the representatives of the various security and intelligence agencies that keep us safe are there, along with key military and diplomatic figures. The National Security Adviser is one of a number of those with expertise, and it is the case that the National Security Council is now meeting more frequently, not least to take forward the integrated review that I know he supports.
David Linden (Glasgow East) (SNP)
Don’t prorogue Parliament as the Supreme Court will find it unlawful. Don’t approve this planning application, Secretary Jenrick, as it will be found unlawful. Is this not just the latest case of the Government absolutely ignoring civil servants and making party political appointments that are wholly inappropriate. Does the Minister agree with that?
Michael Gove
It may surprise the hon. Gentleman, but, no, I do not. Of course, we benefit from impartial and authoritative advice, but, ultimately, Ministers decide. It is certainly the case that, in the Scottish Government, I know that the excellent civil servants there provide robust challenge, but, just occasionally, Ministers of the Scottish Government sometimes take a different view.
Sir Desmond Swayne (New Forest West) (Con)
You would think that nothing had changed since the fall of Thomas Cromwell. Has my right hon. Friend read Hilary Mantel’s “The Mirror and the Light”? It is not really like that, is it?
Michael Gove
I have not had the opportunity to read Ms Mantel’s latest novel, but I hope to have the opportunity to do so over the summer. My right hon. Friend is absolutely right to point out that, historically, government has been carried on by a mixture of those who are dedicated public servants in the civil service and outside appointees of a political hue.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
On Radio 4’s “Today” programme yesterday, the Secretary of State for Education said that making the National Security Adviser a political appointment was following the example of the United States. President Trump has had well-documented rows with his security services. I always say that when it comes to issues such as Huawei or other security issues, we can follow and trust in the advice of our security services because we know it is non-political. Can I still say that?
Michael Gove
Yes, absolutely. If advice comes from the agencies, then that advice will always go, absolutely direct, to the Prime Minister and to the relevant politician. The record of previous national security advisers in the United States of America, from Condoleezza Rice to Henry Kissinger, is a distinguished one. Having people of that stature reflects well on the Presidents who appointed them, and it makes the case that a national security adviser of the kind that David Cameron introduced is a welcome innovation.
Mr Richard Holden (North West Durham) (Con)
In 1987, David Frost was appointed to start his career in the diplomatic service. He served there for a quarter of a century. He has since served in senior appointments both in government and in the private sector. Does the Minister agree that it is exactly people with this range of experience that we need in senior government positions?
Michael Gove
My hon. Friend, who has served in government as a political appointee, knows absolutely whereof he speaks. As I say, I find it somewhat curious that Opposition Members who have themselves supported the Government on many, many political appointees are now having a fit of the vapours at the idea that there should be a political appointee.
Dr Philippa Whitford (Central Ayrshire) (SNP) [V]
The Minister claims that there was an issue with Sir Mark Sedwill carrying out two roles, so how is it practical to combine the role of National Security Adviser with a commitment to intensify EU negotiations—or have the Government already given up on a good deal?
Michael Gove
It is precisely because we do want a good deal that negotiations are being intensified. That decision was taken by the Prime Minister and by the Presidents of the European Commission, the European Parliament and the European Council. We all wish those involved bonne chance.
Dr Andrew Murrison (South West Wiltshire) (Con)
I very much welcome the appointment of David Frost, who is well qualified for the roles that my right hon. Friend has outlined. At the weekend in a Government press release, David Frost is said to have said that he is particularly exercised by the importance of the integrated review and the formation of the new Foreign, Commonwealth and Development Office. What role does my right hon. Friend envisage for David Frost in the formation of that very welcome new Department? When will the new permanent secretary be appointed to the Department? Does my right hon. Friend agree that he or she has to be an excellent change manager? What relationship will David Frost have to the new perm sec?
Michael Gove
That is a very thoughtful set of questions from a very successful previous Minister in the Foreign Office. It is right that the integrated review should look at how diplomacy, aid, and defence and security mesh. He is right that David Frost’s experience equips him well for that role. There will be no single individual who will be reviewing these matters. There will be a range of people, including existing civil servants. I should add that one of those is also involved as another political appointee in the Prime Minister’s policy unit—a biographer of Clement Attlee. I am sure that the hon. Member for Torfaen (Nick Thomas-Symonds) would agree that that is a qualification for high office.
Mr Peter Bone (Wellingborough) (Con)
Listening to the excellent Minister, I have learned that the National Security Adviser is not going to be a civil servant or a special adviser but a special envoy who will travel all over the world. Since we are adopting the idea from America of appointing people into government who support the Government—not a bad thing, I would say—would it not also be a good idea to take from America the idea of confirmation hearings and let this appointment be made only after a Committee of this House has held a confirmation hearing?
Michael Gove
That is an interesting constitutional innovation. I remember that when I was shadow Secretary of State for Children, Schools and Families, the then Children’s Commissioner was interviewed by the Education Committee. The Committee said that she should not be appointed, but the then Secretary of State, Ed Balls, did appoint her, and he was entirely within his rights to do so. Of course Select Committees have an important role to play, but ultimately Ministers decide.
Kenny MacAskill (East Lothian) (SNP)
National security is reserved, but protecting communities requires co-operation with Governments and agencies that are devolved. How can the devolved Administrations have confidence in a lead official who acts not in the wider public interest, but at the beck and call of the Prime Minister?
Michael Gove
I think that the devolved Administrations can have confidence in David Frost. He has talked to the Ministers in the devolved Administrations who are concerned with the fate of the EU negotiations. We were reminded by the hon. Member for Slough (Mr Dhesi) that David Frost was, for a while, chief executive of the Scotch Whisky Association, so those in Speyside and elsewhere in Scotland can be confident that this is a man who has their best interests at heart.
Mr Speaker
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 suspend the House for three minutes.
Lammy Review
(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr David Lammy (Tottenham) (Lab) (Urgent Question)
To ask the Prime Minister if he will make a statement on the Government’s implementation of the Lammy review.
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
Racism is an abomination. It is morally and intellectually bankrupt, and it strikes at the foundations of a fair and just society. It is particularly corrosive when found within the criminal justice system, because in that context the stakes are particularly high—guilt or innocence; freedom or incarceration.
That is why the Government, back in 2017, commissioned the Lammy review into the treatment of and outcomes for black, Asian and minority ethnic individuals in the criminal justice system. Although it was an independent review, it was heavily backed by Government resources. A team of six, headed by a senior civil servant, were devoted to the review, and it took evidence from across the world, with fact-finding trips as far away as the United States and New Zealand. We are profoundly grateful to the right hon. Member for Tottenham (Mr Lammy) for the constructive and consensual way in which he led the review, and for the valuable 35 recommendations it produced. It is a good report and it has made a big difference.
Not uncommonly when reviews are commissioned, it was clear to Government that not every last recommendation could or indeed should be implemented precisely as requested. The Government made that clear, and they did so openly and publicly in their December 2017 response. Instead of flatly rejecting a large number of the recommendations, the Government were mindful of the importance of progressing the policy intent that lay behind them. That is why the Government undertook to take them forward to the fullest extent possible. They repeated that stance in the further lengthy progress updates they published in 2018 and most recently earlier this year, with the latest one running to more than 80 pages. The position now is that 16 recommendations have been completed, two have been rejected and 17 are in progress. Of those 17 in progress, 11 will be completed within 12 months and six thereafter.
Let me close by saying that enormous progress has been made, particularly in respect of the functioning and fairness of prisons. By way of one example, recommendation 3, which recommended the publication of datasets held on ethnicity, has been complied with, including in respect of home detention, curfew, release on temporary licence and prisons. All that data is set out in the official gov.uk updates on the “Ethnicity facts and figures” website, which is, by the way, arguably one of the most transparent sets of Government data in this field anywhere in the world. As a result, data on staff and prisoner ethnicity is significantly better than it used to be, allowing a spotlight to be more easily shone on disparities and action taken.
We have gone further, too, making progress in areas such as setting up the Race and Ethnicity Board to hold key partners across the criminal justice system responsible for improvement in their respective areas. Of course there is more to do, and I hope we can continue the constructive dialogue in taking forward the recommendations of this excellent report. I know things are different now. The consensual has necessarily, because of the right hon. Gentleman’s elevation, given way to a more adversarial approach. That is understandable, but great progress has been made. With common purpose and focus, we can finish the job.
Mr Lammy
In this country, we have two major political parties with different visions of our past and our future, but on some matters of political importance, it is right for us to work across the partisan divide to achieve lasting change. It was in that spirit of good faith that David Cameron asked me to complete an independent review into the disproportionality in the criminal justice system. It was with the same good faith and in the hope of forging political consensus that I completed it.
I was disappointed to hear the Prime Minister break that consensus last week when he claimed that 16 of the recommendations I made in the Lammy review had been, and I quote, “implemented”, when in fact the majority of them had not. Inadvertently, he misled the House, and it is a shame he is not answering this urgent question himself.
There is a huge difference between implementing my recommendations and, as the Minister has said at the Dispatch Box today, completing the actions the Government committed to following my recommendations. In fact, I think the Minister said that they have completed 11 of those recommendations. Last week, it was 16. I hope that he recognises it is important on a matter such as this to give the public clear information. When he returns to his feet, I hope he will correct the record properly.
Recommendation 13, for example, was that
“all sentencing remarks in the Crown Court should be published in audio and/or written form.”
As the Government admit, that has not happened. They have done all that they said they would do on that recommendation, but frankly, that is nothing. They have not implemented it. In fact, they have rejected it. It is the same story for recommendations 8, 18, 19 and 35. They committed to not implementing my recommendations, and it is wrong to pretend anything else. Language matters and, as the Black Lives Matter movement makes its voice heard about systemic injustice here and abroad, the very least the Government could do is be honest about their actions.
Last week, the Prime Minister broke the consensus around my review; now I am asking the Minister to correct the record so that we can win it back. History is littered with examples of what happens if we abandon good faith. Without good faith, people get angry. Without good faith, people take to the streets. Without good faith, people give up hope.
The truth is that many of the injustices that I highlighted in my review have since got worse. When I completed the review, 41% of children in prison came from a black, Asian or minority ethnic background—and now the proportion is 51%. The proportion of all stop and searches on black people has increased by 69% over five years. The average custodial sentence for a black person is almost 10 years longer than that for a white person. To recognise the pain of these injustices, the Government need to go further than my review went, not cover up for the recommendations they ignored. Change will happen only when we look in the mirror honestly. Change will happen only when we tell the truth. Change will happen only when we recognise that black lives matter. Do not take the community involved for fools.
Alex Chalk
I am grateful to the right hon. Gentleman for his remarks. Let me be clear: we say that 16 recommendations have been implemented. The point I was making about 11 is that there is agreement between the parties, so to speak, that 11 of those 16 have been implemented, or partially implemented—that is in the right hon. Gentleman’s letter. There is a dispute about the other five, to which I shall come in a moment.
In 2017, after this excellent report was produced, the Government could have said in respect of recommendation 13—to which the right hon. Gentleman refers and which, by the way, requires that all transcripts of sentencing hearings should be printed and published—“Do you know what, Mr Lammy? That is simply not feasible. We are just going to turn our face against that.” But instead, the Government looked behind the intention of that recommendation, and the intention—as set out in the text of the report, by the way—was to increase transparency. I will explain in a moment what then happened, but I wish to deal with this point first. In December 2017, the Government said in their response that they would not be able to implement every last word—in fact, the expression used was “to the letter”, in paragraph 8, if the right hon. Gentleman wants to look at it.
In respect of recommendation 13, to which the right hon. Gentleman refers, what in fact have the Government said? The report from 2020—which, by the way, runs to some 80 pages, setting out what the Government have done in respect of each of the recommendations—talks about recommendation 13, and if he wants to find it, it is at page 60. I remind everyone of what recommendation 13 says:
“As part of the court modernisation programme, all sentencing remarks in the Crown Court should be published in audio and/or written form. This would build trust by making justice more transparent and comprehensible for victims, witnesses and offenders.”
We said that transcripts for everything would be a gargantuan expense, and that money would have to come out of the legal aid budget and so on. We said that
“the costs are prohibitive at this time”,
but that the
“Ministry of Justice has however produced a four-part guide to support defendants as they move through the Criminal Justice System from charge to case completion, available online and in Courts. MoJ want to ensure that people are given the help they need to understand the Court process and the consequences of their own decisions, as well as those made by the Court. The guide includes information on sentencing”.
In other words, we implemented the spirit of the recommendation.
Alex Chalk
In a moment; let me just finish the point.
The right hon. Gentleman also asked about going further. We have required police and crime commissioners, for example, to report on the number of BAME victims they are supporting through support services. We have set up the race and ethnicity board. We have committed to publish the victims strategy. We have done all these things, even though they were not in the Lammy review, because we recognise that when it comes to cracking down on racism in the criminal justice system, we have to go further still.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I do not doubt the Minister’s commitment to this personally, or his personal good faith in this matter, and I am sure that no one does, but it is fair to say that the detailed report in February 2020 that he refers to also recognises a particularly intractable issue with the youth justice system, and some of the figures on that have been mentioned. Can he help me specifically on what the timeframe is for moving towards the implementation and achievement of those shared overarching aims and objectives for the three principal agencies in the criminal justice system, which were identified in the February 2020 report? There is a lot of good work set out individually, but in evidence the Justice Committee heard a concern that we need to pull these things together, with a specific action plan for delivery.
Alex Chalk
I am very grateful to the Chair of the Select Committee, and I recall that in March 2019 his Committee conducted an inquiry into this. One of the most important themes that came from the Lammy review was the adoption of the principle “Explain or change”—in other words, explain why there are these discrepancies, or do something about it, to put it in plain English. One of the key tools to enable that change to happen is publishing data. Data is one of the most powerful tools in all this. One of the things that encourages me is that, because we have now published the data on ethnicity facts and figures, we can pick a certain minority, see the data on homelessness, for example, or on the kind of accommodation people are in, and put that alongside criminal justice data to see how the outcomes are going.
Joanna Cherry (Edinburgh South West) (SNP) [V]
If the words “black lives matter” are to have any real meaning, we must have honest appraisals of whether or not the Government have implemented the recommendations of the many reports that have already explored racial discrimination and disparities in the United Kingdom. There is no point in commissioning yet further reviews if the Government have not adequately addressed the recommendations in the reviews that have already been completed. In common usage, the word “implementing” in relation to a recommendation means giving it effect; it does not mean looking at it and then discarding it as inconvenient, or getting rid of it because it is too much like effecting real change.
It is important that we get to the bottom of what is going on here, because the Government’s curious use of language is not confined to this report. Last week, the Home Secretary told us she was accepting the recommendations of the “Windrush Lessons Learned Review” in full and that she would be coming back to the House before recess to update us on how they would be implemented. But when she was pressed on the recommendation that requires a review of the hostile environment policy, she refused repeatedly to say that such a review would be carried out.
So can the Minister, for whom I have the greatest respect, clarify the position for us? Have the Government invented a new meaning for the word “implemented,” or does it still mean “giving effect to recommendations,” and will he be crystal-clear about which recommendations of the Lammy review are to be given effect, and when?
Alex Chalk
I am grateful to the hon. and learned Lady, for whom I also have a great deal of respect. In December 2017, the Government response to the Lammy review said, at paragraph 8:
“We have…sought to mirror the pragmatic, ‘doable’ tone of the Review by setting out how we will address the underlying issues behind recommendations where there are real constraints that prevent us from following it to the letter.”
If the statement was in isolation—for example, “Have you implemented the change in the name of the Youth Justice Board?”—then, yes, the hon. and learned Lady would have a point, but what was made clear throughout was that the Government were determined to implement the policy objective even if doing things to the absolute letter would not necessarily be the best way of achieving that. I am proud of the fact that we have gone beyond a lot of what was stated in the Lammy review, so we have more data, more transparency, and a better way of drilling down on manifest injustices. Of course there is more to do, and this report has set us on a much better path.
Jeremy Wright (Kenilworth and Southam) (Con)
The Lammy review was an important piece of work and it was also a wide-ranging one. As my hon. Friend knows, chapter 2 of the review deals with the Crown Prosecution Service. The right hon. Member for Tottenham (Mr Lammy) sensibly made some proposals for improvement within the CPS, but he also said this:
“Other CJS institutions should learn lessons from the CPS, including openness to external scrutiny, systems of internal oversight, and an unusually diverse workforce within the wider CJS.”
My hon. Friend knows that the criminal justice system is an ecosystem and it is important that all parts work with the others, so will he do what he can to make sure that those lessons are learned within the system?
Alex Chalk
I thank my right hon. and learned Friend, who makes a characteristically pertinent point. If we want people to have confidence in the criminal justice system, they need to have confidence in the people who are bringing forward the prosecutions. That means that we need to make sure that it is diverse and representative. I must say that I know it is sometimes fashionable to kick the CPS—I am not suggesting he is doing this—but overall it does an excellent job and takes the issue of diversity extremely seriously. We want to empower it with the tools through the data to promote, entrench and enhance diversity.
James Murray (Ealing North) (Lab/Co-op) [V]
Five years ago, 25% of stop-and-searches across England and Wales were of black, Asian and minority ethnic people. Can the Minister explain why, in the most recent data, this has risen to over 40%?
Alex Chalk
I am grateful for that question. Stop-and-search is, we think, an important part of the tools required to keep the streets safe. It is worth emphasising that those most likely to be victims of the kinds of crime the police may have in mind—knife crime, for example—will disproportionately come from BAME backgrounds. The key to ensuring that people have confidence in stop-and-search is to ensure that the data is published so that people can be satisfied that it is not being misused and misdirected. That is the focus of this Government and one that we are better able to deliver because of the work done to implement the recommendations of the Lammy review.
James Daly (Bury North) (Con)
There is a chronic shortage of magistrates in Greater Manchester and other parts of the country. Can the Minister outline what steps are being taken to increase recruitment and, importantly, to ensure the magistracy is more diverse and representative of the areas it serves, as per recommendation 16 of the Lammy report?
Alex Chalk
My hon. Friend makes an excellent point. We need a diverse judiciary. Things have improved a bit—12% of magistrates were from BAME backgrounds as of April 2019, which was 4% higher than in 2012—but we need to go further. The magistrates recruitment and attraction steering group, jointly headed by the MOJ and the magistrates court leadership, held its first meeting in February 2020 and it is promoting the magistracy and increasing recruitment, with a particular focus on increasing diversity.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
I welcome the Minister’s statement, and I want to return to the issue of stop-and-search. In my constituency and in the borough of Lambeth, black people are four times more likely to be stopped and searched, and in the last 12 months, more than 10,000 stop-and-searches were conducted on black people, compared with 5,000 on white people. I spoke to a group of year 12 students last Friday: almost 50% of the boys and one girl put their hands up to say they had been stopped and searched. Why is this still a big issue? Why is there this disproportionality?
Alex Chalk
I am very grateful to the hon. Lady for raising this directly but sensitively. My goodness, if people take the view that what has taken place is victimisation, of course it will corrode confidence in the criminal justice system and the police. Equally, though, we have to make sure that the police have the tools they require to try to hunt down crime and, as I have already indicated, it is very often people being stopped who themselves could be victims of crime. Forgive me for repeating a point I have made already, but the key to this is data—data to ensure that the right people are being stopped and, where they are not, it shines out like a beacon that there is an issue, in a particular borough, or wherever it is in the country, that needs to be addressed.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
There is a lot of pressure on time this afternoon. A lot of people want to speak now and in the next business, so can we have short questions and answers please?
Robbie Moore (Keighley) (Con)
It is noted in the report that BAME young adults face high levels of deprivation and disadvantage that may make reoffending more likely. What steps is my hon. Friend’s Department taking to reduce the likelihood of BAME children and young adults reoffending and entering the court system for a second time?
Alex Chalk
One of the really valuable things that emerged from the Lammy review was the point that many of the issues that lead to people being in the criminal justice are upstream. So when we look at how to try to address the issues my hon. Friend refers to, it is not purely about this Department; it is also about this Government. So when we talk about the levelling-up agenda, this has to be levelling up across demographics as well as across the country.
Janet Daby (Lewisham East) (Lab) [V]
Thank you, Madam Deputy Speaker, for granting this urgent question to my right hon. Friend the Member for Tottenham (Mr Lammy). I was disappointed to find out that the Prime Minister’s response to my question last week turned out not to be quite as it seemed, and now he is not here to clarify his own statement. So can the Minister explain why only 1% of full-time police officers in 2019 were black and why this has not been improved since the implementation of the Lammy review?
Alex Chalk
Overall, diversity is improving. I do not know the specific figures on the police—I apologise, but that is a Home Office matter. For example, the Parole Board did not have a single black member, yet, as a result of the Lammy review, in recent recruitment 35% of new recruits were BAME. That is great news, but there is more to do.
Dean Russell (Watford) (Con)
Does my hon. Friend agree with my view, following conversations I have had locally with a range of BAME representatives, including Luther Blissett, the England footballer and Watford football legend, that one role we need to take now is on community and education, ensuring that when we look around us we see the immense benefits of the vast diversity we have and that we value and celebrate it?
Alex Chalk
My hon. Friend puts the point beautifully. We need a community—a cohesive community—that recognises and celebrates difference, but remembers that, in the words of a Labour MP, “We have more in common”.
Christine Jardine (Edinburgh West) (LD)
I, too, wish to thank the right hon. Member for Tottenham (Mr Lammy) for securing this important urgent question, particularly at this time. I wish to return to the point that has been made about stop-and-search. The review points out that
“Grievances over policing tactics, particularly the disproportionate use of Stop and Search, drain trust in the CJS in BAME communities.”
That point is critical. Although I take on board what the Minister says about data being important, what are the Government actually going to do about that data? Will they look at ending suspicionless stop-and-search because BAME communities are disproportionately affected by that specifically?
Alex Chalk
Of course the Government will pull on every lever they can, but I want to make this point about the data. It is online, on the ethnicity facts and figures website, for anyone to see. We are also conducting the race disparity audit, so the evidence is there; there is a big bright spotlight on this area, so people can start to take action. Lastly, this is about not just the police, but those who then deal with the punishment, particularly those on youth offender panels—that was recommendation 18. We have delivered far more diverse youth offender panels, particularly in Hounslow and Wandsworth, and that is going to be a critical part of ensuring that justice is done.
Mark Pawsey (Rugby) (Con)
Many of my constituents work at HMP Rye Hill, HMP Onley and the Rainsbrook secure training centre. On the workforce, what progress has been made in creating more diversity among officers and, in particular, in senior leadership teams in our Prison Service?
Alex Chalk
We are absolutely committed to ensuring that there is greater diversity, for precisely the reason my hon. Friend indicated. It is not enough just for the police to be more diverse, to represent the society they police; prison officers must be diverse, to represent the prisons that they manage. We are making great progress in that regard, not least, in part, thanks to the Lammy review, and we will continue to make progress.
Richard Burgon (Leeds East) (Lab) [V]
I want to pay tribute to the Black Lives Matter movement, here and around the world, which is making important demands to tackle systematic racism in state institutions. David Oluwale was a British Nigerian killed in Leeds in 1969. He was drowned in the River Aire and he is buried in my constituency. His death led to the first successful prosecution—one of very, very few—of British police for involvement in the death of a black person. So as well as finally taking action on the Lammy review, will the Minister agree to implement all the recommendations of the Angiolini report on deaths in police custody?
Alex Chalk
I am grateful to the hon. Gentleman for raising that important point. We are committed to taking forward recommendations across the piece. I do not know about every last one in respect of that review, but I undertake to him that I will look at it very carefully.
Tom Hunt (Ipswich) (Con)
Following the tragic death of Tavis Spencer-Aitkens in Ipswich in 2018, which was caused by gang violence, Tavis’s family have done an incredible amount of work to bring about positive change. Tavis’s stepmum, Helen, has this week qualified as a youth worker and, alongside Tavis’s father, Neville, has set up the Reflections youth club, to help prevent young people from falling into crime. Will the Minister join me in praising the incredible work they are doing? Does he agree with me on the importance of bottom-up community action in tackling the causes of knife crime and gang violence?
Alex Chalk
My hon. Friend pays a powerful and moving tribute to his constituents, but he also highlights such an essential point: the way we drive down, eradicate and root out the cancer of gang violence is by ensuring that we have cohesive communities—not just the older demographic, but the younger demographic—so that everyone feels that they have a stake in a diverse and fair society.
Sarah Owen (Luton North) (Lab) [V]
Intervention at school age is needed to end the structural racism identified by the Lammy review. The team at Lea Manor High School in Luton, with their inspirational head, Gwyneth Gibson, are working innovatively within the curriculum, bringing more non-white perspectives and being representative of black communities. Does the Minister welcome that, and how are the Government working with schools and families to respond to the specific needs of young black, Asian and minority ethnic people?
Alex Chalk
I am very grateful to the hon. Lady for raising that, and I am quite sure that what is going on at Lea Manor High School is extremely enlightened and very advantageous to the children. I know that a number of schools are looking again at how they can make sure that the curriculum is modern and up to date. I would want to make sure that that curriculum does not seek in any way to eradicate history, as I am sure it would not, but to revisit it. That has been the purpose over the years of historical examination of the past and that will continue.
David Morris (Morecambe and Lunesdale) (Con) [V]
Will the Minister comment on the approach to embedding the principle of “explain or change” to inform the Government’s priorities?
Alex Chalk
My hon. Friend has hit on probably the single most important principle that emerged from the Lammy report—I think that was recommendation 4. “Explain or change” is intended to ensure that unless we can demonstrate the reason behind the figures that we are seeing—if there is a discrepancy that calls for answers and we cannot answer them as a society—we need to change the system. That is a golden thread that runs through the report and it informs many of our policy responses.
John Spellar (Warley) (Lab)
Frankly, while we certainly need data, we also need decisions and action. Page 62 onwards of the Lammy report takes on the discredited Disclosure and Barring Service. That was in 2017, and the Supreme Court added its criticisms in January 2019, yet the pathetic response emanating from the Home Office is that it is “considering” the Supreme Court judgment and will set out a response in due course. Meanwhile, now, as we face mass unemployment, the unacceptable burden of disadvantage and discrimination will get worse. The Ministry of Justice know that this is wrong. What is it going to do about that?
Alex Chalk
I am grateful to the right hon. Gentleman for raising that point. He is right that in January 2019 there was the Gallagher judgment from the Supreme Court. Judgments of the Supreme Court have to be implemented by this place—that is how it works in our society—and we will do that without delay. May I make a wider point? There is of course a balance that we have to strike: those who commit crime need to be held accountable for their actions, and that sometimes means in their records, but we also need to make sure that people can be rehabilitated and get on and build a brighter future.
Selaine Saxby (North Devon) (Con)
If we are to live in a society based on mutual respect, does my hon. Friend agree that children need to leave school in no doubt about the evils of racism? Will he ensure that there is absolute zero tolerance of racism in our schools?
Alex Chalk
My hon. Friend makes an excellent point. We cannot hope to solve this issue as a society if people are leaving school with ingrained racist instincts. I think we have moved on a huge way in that respect, but of course we must never be complacent, and we must redouble our efforts to ensure that school is a place of tolerance and understanding and of building a better future.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Whenever the Government are asked about anything affecting BAME communities, they shout about the Lammy review, yet they have a long, long way to go to implement much of it. We heard from the author of the review of the prison population and stop-and-search increases. On lockdown fixed penalty notices, Katrina Ffrench of StopWatch said:
“The numbers are clear. Black and Asian people are disproportionately being given fines in comparison to their white peers. This ethnic disparity must be addressed and officers made to account for their decisions.”
Does the Minister agree?
Alex Chalk
That is the precisely the theme that I have been trying to advance in the course of these questions. Yes, of course—that is the whole point of “explain or change”. If there are these disparities, the whole purpose of the review is to get the data out there, and if they cannot be explained, people such as the hon. Gentleman, with his assiduous questions, will be shining the very light that we want to see him shine.
Felicity Buchan (Kensington) (Con)
Youth clubs have a very important role to play in keeping children off the streets and out of the criminal justice system. Just before we went into lockdown, I took the Home Secretary to an inspirational youth club in my constituency, the Harrow Club. Does my hon. Friend agree with me about the importance of youth clubs?
Alex Chalk
I certainly do. For a long time, I have spent time with Earls Court Youth Club, which I think is in the neighbouring constituency to my hon. Friend’s. I saw there how lives were changed and futures were enhanced. Crucially, I saw that people had a strong sense of aspiration, when, because of their background—which, by the way, was no fault of their own—they made not have had any. Youth clubs can make a massive difference, and I commend my hon. Friend for the attention that she is giving to one in her constituency.
Jim Shannon (Strangford) (DUP)
Does the Minister agree that it is essential that every community must feel heard, valued and understood? Can he outline the Government’s strategy to ensure that we have enough community workers and community police in every area of the UK to build community confidence, and outline how he believes this can be achieved?
Alex Chalk
This Government absolutely share that view, which is why we are committed to recruiting an additional 20,000 police officers—and, by the way, that process is making excellent progress. That will allow more officers to get out into communities to build up that crucial community intelligence to ensure that individuals are kept out of crime and victims are protected.
Mrs Flick Drummond (Meon Valley) (Con)
Following on from the previous question, the review talks about building trust between the police and young people. What consideration has my hon. Friend given to assigning a police officer to a year group in each school who could then build relationships with that year group throughout their school career?
Alex Chalk
I am grateful to my hon. Friend for raising that point. I think that it is a proposal that has found favour in other jurisdictions—maybe even in the United States. I cannot speak for the Department for Education, but it strikes me as an extremely interesting idea, which I invite my hon. Friend to raise with DFE colleagues.
Clive Efford (Eltham) (Lab)
We have seen a 69% increase in the number of black people stopped and searched over the past five years. At the same time, there has been a 69% decrease in the number of white people stopped and searched. Is it correct that the use of racial profiling to stop and search people is a waste of resources? If that is true, why the delay?
Alex Chalk
Of course if the wrong people are being stopped, it is a waste of resources. But one has to balance that against the knock-on impact of getting rid of this altogether. The point that I have made before, but which I am afraid bears emphasis, is that if that were to be the case and knives were not being taken off the streets, the very people we want to stand up for would be the very people who would fall victim.
Mr Peter Bone (Wellingborough) (Con)
The excellent Minister has said that there is more to do, so what are the Government going to do next to improve the situation?
Alex Chalk
I am grateful to my hon. Friend for raising that point. There is a huge amount more to do, but what I indicated in the context of this urgent question is that there are 17 further recommendations, of which we want to do 11 within 12 months and six a little after. I have spoken to my right hon. and learned Friend the Lord Chancellor, and we are determined to put the afterburners on and really finish them all off without any delay.
Ruth Jones (Newport West) (Lab)
I have been inundated with emails from constituents in Newport West asking me to press the Government to stop sitting on the recommendations of a number of reviews that they have commissioned in recent years. Today I add my voice to their: the time for full and comprehensive action is now. Will the Minister outline what recent discussions his Department has had about the review of my right hon. Friend the Member for Tottenham (Mr Lammy) with Ministers in the Welsh Government as part of the drive to implement the review fully?
Alex Chalk
The hon. Lady’s constituents are absolutely right. They want us to get on with it, and getting on with it we are. I do not have time now to go through what we have done: on recommendations 3, 23, 33 and 4. So much has improved. On the specific point she raised about liaising with Wales—I hope she will forgive me—I will write to her.
Sir Edward Leigh (Gainsborough) (Con)
Every bit of social research makes clear the devastating result of family breakdown, yet this report says that black children are more than twice as likely to grow up in a lone-parent family. Will the Minister assure the House that the Government are fully committed to strengthening family bonds, promoting marriage and increasing resources for reconciliation? We spend just £10 million a year on this, when family breakdown may cost us £50 billion a year. Will he assure me that he is fully committed to families?
Alex Chalk
My right hon. Friend makes an excellent point, and has spoken about this precise issue in the House recently. He is absolutely correct. The right hon. Member for Tottenham agrees, I agree and my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) agrees; we need to address these issues upstream. Strong communities, marriages and strong relationships are essential to keeping people out of trouble and building them a better future.
Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab) [V]
According to statistics provided by South Yorkshire police, you are 2.5 times more likely to be stopped and searched by the police if you are black, and 1.5 times if you are of Asian heritage. In many communities in the United Kingdom, there has been a complete breakdown of trust in the criminal justice system. Does the Minister acknowledge that, and will he work to fully implement the Lammy review without further delay?
Alex Chalk
The hon. Lady lights on arguably the most important word throughout all of this—trust. If it is the case that trust is breaking down, which I certainly hope it is not, one of the best ways of achieving trust, as she knows, is through transparency. Sunlight is the best disinfectant. This review, and the Government’s response to it, has shone the brightest possible spotlight on this critically important area of our constitution and of our criminal justice system, and that will set us up for a better future for all.
Mr Richard Holden (North West Durham) (Con)
We all want offenders to be rehabilitated and for reoffending to fall. Chapter 6 of the Lammy review goes into that in some detail. Can the Minister update the House on the progress in ensuring that our Probation Service reflects the society it serves, to help reduce reoffending, which is higher in some BAME communities at the moment?
Alex Chalk
My hon. Friend addresses an important issue. When we talk about the criminal justice system, we could be forgiven for saying, “Don’t worry: it’s all about the judges.” It is not all about the judges. We want to ensure that people who are sentenced by the courts comply with community orders, which might be supervised by probation, or comply with whatever the requirements are in prison. That means ensuring that we have greater diversity. We have made some significant progress in respect of probation but also the Parole Board, as I have indicated, and in the Prison Service. We are not complacent, and we want to do more.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
On 16 July, the Youth Violence Commission, which I chair, will publish its final report on the root causes of youth violence, The Lammy review highlights that systemic problems cannot be rectified by the criminal justice system alone, and that the work needs to start far earlier. What hope can the Minister give me that the Government will take our recommendations seriously, when we are still waiting for the recommendations of the Lammy review to be implemented?
Alex Chalk
We have to recognise that in implementing some of these recommendations, some are quite easy to do but some are much more difficult. For example, as part of this we are piloting plans for improved judicial recruitment. We have to recognise that recommendations will proceed sometimes in tandem, and I would be delighted to discuss with her the recommendations she refers to.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Black people from Wales are five times over-represented in prisons and BAME women face the extra disadvantage of having no women’s centres to support rehabilitation. That is just one example of data crying out for tangible action. Will the Minister provide a clear road map of the Government’s plans to open the first residential women’s centre in Wales?
Alex Chalk
I am very grateful to the right hon. Lady for raising the issue of a residential women’s centre in Wales. One of the things I am so proud of, in terms of the response to coronavirus, as the right hon. Lady will know, is the huge amount of money, as part of the £76 million that has been allocated, to support women in particular in the community—over £20 million coming from the MOJ itself. One of the things we want to do is to ensure that there is transparency about the data and who it helps. Crucially—this was not in Lammy, by the way—PCCs are now required to publish data on BAME representation, to ensure that those people as well are being properly represented and getting their fair slice of cake.
Brendan Clarke-Smith (Bassetlaw) (Con)
Can the Minister comment on the approach to embed the principle of “explain or change” to inform the Government’s priorities?
Alex Chalk
I am very grateful to my hon. Friend for raising this, because it is the golden thread that runs through this report—explain or change, put up or fix it. That is absolutely at the heart of it, and the right hon. Member for Tottenham was absolutely on the money when he said that. But we can only do that if we have the data out there so that people can observe it, see if there is a problem and then formulate a response. It is the golden thread that runs through the report and it will stand us in good stead for a fairer future.
Jacob Young (Redcar) (Con)
Does my right hon Friend agree that all public institutions, from the courts to the police to this Parliament, should be reflective of the communities they represent?
Alex Chalk
Absolutely right. Although we recognise that we have to go further, because we should never be complacent, my goodness, how far we have come. We should take a moment to recognise that we have come a long way. In fact, from memory, I think the introduction of the Lammy review says precisely that. I will not read all of it out, because you would get cross, Madam Deputy Speaker, but it says:
“There is a growing BAME middle class. Powerful, high-profile institutions, like the House of Commons, are slowly becoming more diverse.”
We have done a lot: more to do.
Lucy Powell (Manchester Central) (Lab/Co-op) [V]
No disrespect to the Minister, but this is not about outputs or actions. This is about outcomes, and the outcomes for black and ethnic minority young people, in particular, in our criminal justice system are all going in completely the wrong direction. Does the Minister accept that the outcomes are going in the wrong direction, and that a lot more needs to be done to reverse that?
Alex Chalk
With respect, I think the position is more nuanced than that; I do not think that outcomes in education, for example, are all going in the wrong direction. One of the success stories over recent years is in how black British boys are achieving much higher standards than they were as little as 10 years ago. That is encouraging, but it is right to say that in some aspects of the criminal justice system, things are moving in a different direction. I completely get that, but it was this Government who commissioned the race disparity audit and then, when people thought it was going to be a one-off, actually decided that it had been such a valuable exercise that we would recommission it again and again. We have leaned into this issue because we recognise that if we want a fair society we have to make sure that outcomes are even too.
Points of Order
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
On a point of order, Madam Deputy Speaker. Late on Friday night, a story was published in The Guardian, following the leaking of a Government document and briefing from officials in the Department for Education, saying that the Government appear to have committed in principle to moving university applications to after A-level results, commonly called post-qualification admissions. Yesterday, the Department for Education produced a written statement, but no mention of those changes were made, despite the huge impact they would have on university admissions and hundreds of thousands of students. I seek your advice on how the Government can be encouraged to keep the House updated on all policy developments, and ask if they have made any plans to bring a statement on higher education forward.
Madam Deputy Speaker (Dame Rosie Winterton)
I am grateful to the hon. Lady for giving me notice of her point of order. Mr Speaker has made it clear on several occasions that new policy announcements by Ministers should be made in the House and not to the media. It is obviously for Ministers to decide whether to make a statement to the House. The hon. Lady will be well aware of the fact that there are different routes to summon Ministers to the House if a policy announcement has been made that warrants the attention of the House and it has been made to the media as opposed to the House.
Mr Peter Bone (Wellingborough) (Con)
Further to that point of order, Madam Deputy Speaker. Many Governments have tried to bypass Parliament by making statements first to the media. Today, the Prime Minister has made a major speech on new policies, not to this House but to the media. What can Mr Speaker do to get the Government to abide by the rules of Parliament?
Madam Deputy Speaker
As I have just said, Mr Speaker has made it clear on several occasions that he believes that new policy announcements by Ministers should be made to the House and not to the media. I can only reiterate that. I am sure those on the Treasury Bench will have heard the disquiet of the hon. Gentleman and the hon. Lady, as well as the feelings of others in the House, and will take that back—[Interruption.] I understand it has been duly noted.
Sir Edward Leigh (Gainsborough) (Con)
Further to that point of order, Madam Deputy Speaker, and one that I made last Thursday. This matter shows that, as soon as the lockdown effectively ends on 4 July, we should consider the end of call lists and go back to a much more spontaneous Parliament, because it would allow Members to be more fleet of foot and to come into the Chamber, without having to put in to speak a day before. It would also allow the Government to be more fleet of foot. I hope you will take that message back to Mr Speaker. We do not want to be like the Council of Europe, of which I am also a member—a dead parliament where everyone queues up on a written list. We want more spontaneity, more action and more of a traditional Parliament.
Madam Deputy Speaker
I thank the right hon. Gentleman for his point of order. Mr Speaker, the Commission and the House authorities have worked very hard to ensure that they note the advice from Public Health England and others on safety in the Chamber. The arrangements currently in place have been voted on by Parliament. They will continue to be updated as advice changes, and recommendations will presumably then be made to the House.
Virtual participation in proceedings concluded (Order, 4 June).
New Homes (New Development Standards)
Tuesday 30th June 2020
(3 years, 10 months ago)
Commons ChamberRead Full debate New Homes (New Development Standards) Bill 2019-21 View all New Homes (New Development Standards) Bill 2019-21 Debates Read Hansard Text
A Ten Minute Rule Bill is a First Reading of a Private Members Bill, but with the sponsor permitted to make a ten minute speech outlining the reasons for the proposed legislation.
There is little chance of the Bill proceeding further unless there is unanimous consent for the Bill or the Government elects to support the Bill directly.
For more information see: Ten Minute Bills
This information is provided by Parallel Parliament and does not comprise part of the offical record
Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
I beg to move,
That leave be given to bring in a Bill to require residential developers to meet minimum standards of provision for insulation, broadband connectivity and electric car charging points in new homes; and for connected purposes.
Thank you, Madam Deputy Speaker, for allowing me to bring this Bill before the House. My Bill will underpin in statute the requirement for all new-build houses to have full-fibre broadband connections, electric vehicle charging infrastructure and improved energy efficiency through increased standards for insulation.
It has been estimated that for England alone, 345,000 new homes a year will be needed to tackle the under-supply in the market. Through commitments including the affordable homes programme, the Government are ready to build, but we must ensure that, in the urgency to deliver, we do not compromise on the quality of these homes. As the Public Accounts Committee reported last year in the “Planning and the broken housing market” report, the standard of many new developments does not reach acceptable levels, with insufficient funding for their infrastructure. That is why these measures need to be underpinned by statute. With such a building boom planned, it is essential that we create the mandate to ensure the necessary infrastructure of our homes. Importantly, because the Government intend to achieve net zero carbon emissions by 2050, they must address the 15% of greenhouse gas emissions that currently come from the residential sector.
In the first part of my Bill, I propose that all new homes are full-fibre broadband connected. Historically, all new developments have been connected through a full-copper, part-copper or part-fibre connection. However, full fibre is 20 times faster than existing superfast broadband services and capable of download speeds of over 1 gigabit per second. If we had any doubt about the importance of reliable ultrafast broadband connectivity to new homes in Britain, the current covid crisis has surely dispelled that. Investment to install full fibre to the home will generate real and rapid benefits, helping communities to recover from the pandemic, and that is why it is so important that we underpin by statute full fibre across all our new homes. My hon. Friend the Member for Winchester (Steve Brine), who is sitting next to me, says that if we did that in statute, we could then enforce it through the planning system.
I welcome the steps being taken by the Department for Digital, Culture, Media and Sport to ensure that new homes are built with support for full-fibre and gigabit-speed broadband. With digital connectivity now underpinning so many different facets of our modern life, future-proofing our homes has never been more important. Full fibre will not just affect how we work but where we work. According to Openreach, as many as 400,000 additional people could choose to work remotely, opening up employment opportunities outside London and the south-east. Home working has become a new way of life in the Cotswolds, as it has in many parts of the country, with almost half of UK workers doing so, according to recent Office for National Statistics figures. We are rapidly consuming more detail, and our future economic growth and connectivity will be based on having excellent broadband infrastructure. According to research in October 2019 by the Centre for Economics and Business Research, full-fibre broadband connectivity could boost labour productivity by nearly £59 billion by 2025.
Superfast broadband is currently available in 95% of UK premises, and I welcome the Government’s multibillion funding to deliver gigabit-capable broadband nationwide by 2025. This will mean that the infrastructure is available even in the hardest-to-reach homes, of which we have a fair share in the Cotswolds. Incentives are there for the developers. Openreach provides full-fibre infrastructure for any development with 20 or more homes, and offers initiatives on shared costs with smaller developments. To prevent a digital divide between developments and to ensure that we have the aligned digital infrastructure for the future, we must mandate now for full-fibre networks to be installed in every new home.
On energy and insulation efficiency, the second part of my Bill will apply a standard for insulation in all new-build homes so that they can reach higher grades of overall efficiency. The Government’s future homes standard legislates for house building standards and levels of efficiency to be substantially improved. An energy performance certificate provides information on the energy use of a property and the typical annual costs of running that property. The ratings of an EPC are graded between A and G. Landlords are expected to achieve at least E, while the overall average in England and Wales is D.
The Government’s clean growth strategy has the aim to get as many homes as possible to EPC band C by 2035 and upgrade all fuel-poor homes to band C by 2030. However, I believe we should be much more ambitious than that, which is why this Bill will legislate for all new homes to reach that level now. It is far cheaper to build it into new homes than to retrofit afterwards. There are a number of ways that the energy efficiency and cost-effectiveness of a property can be improved, including the installation of solar panels which, with little or no maintenance, can power an entire household’s appliances and lighting. The Government also have a target by 2025 that all new homes will be banned from installing gas boilers and will instead be heated by low-carbon alternatives.
I think it is shocking to read accounts of people living in new homes who report that they are cold and draughty. Well-designed, modern insulation and draught-proofing in a home mitigate the causes of damp and mould, make the home more heat-effective and lower the overall price of energy bills. Installing insulation, in conjunction with other building work, is also significantly cheaper than retrofitting. The energy company obligation is the only public scheme currently delivering insulation measures into homes in England to reduce carbon emissions and fuel poverty. Continuous and effective insulation is an essential aspect of making homes thermally efficient, creating warmer and more comfortable buildings, and reducing annual running costs.
Thirdly, on electric charging points, the final part of my Bill will also be vital in reaching our net zero goals by requiring electric charging points to be installed in all new-build homes. The 2018 £1.5 billion “Road to Zero” strategy sets out the Government’s ambitious target that, by 2030, between 50% and 70% of all new cars will have ultra low emissions. The Government have brought forward their plan for ending the sale of all petrol and diesel vehicles to 2035. To support the growth in electric vehicles on our roads, the Government and the private sector have invested in the installation of more than 24,000 public charging points. Unfortunately, a league table released by the Department for Transport last November on electric charging availability across the UK found that there are still over 100 authorities with fewer than 10 public charging devices per 100,000 of population. The road is set for electric vehicles, but there are still significant concerns when considering the purchase of an EV. A YouGov and Aviva study from last year found that 74% of people stated worries about finding charging facilities.
We must ensure that the UK has one of the best electric vehicle infrastructure networks in the world. To achieve this, my Bill will require all residential developers to supply the electric charging points that are needed to make owning an electric vehicle as easy and practical as possible.
Today, the Prime Minister has made a headline speech on building infrastructure for Britain. The Bill will supplement that by future-proofing new homes. In supporting the Bill today, we will be improving all new build houses so that they have connection to superfast full-fibre broadband, insulation standards that improve their overall energy efficiency and electric vehicle charging points. It is far cheaper to install all those measures in the initial build than to retrofit them expensively some time down the line, which will be inevitable. They will literally transform our housing market, go a long way to reducing the shocking 15% of residential emissions, and play a massive part in helping the Government achieve their ambitious net zero carbon emissions target by 2050.
Question put and agreed to.
Ordered,
That Sir Geoffrey Clifton-Brown, Mr Clive Betts, Sir Paul Beresford, Bob Blackman, Lilian Greenwood, Meg Hillier, Simon Hoare, Gagan Mohindra, Neil Parish, Mark Pawsey, Mr Laurence Robertson and Jim Shannon present the Bill.
Sir Geoffrey Clifton-Brown accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 12 March 2021, and to be printed (Bill 149).
Madam Deputy Speaker (Dame Rosie Winterton)
I shall suspend the House for three minutes before the next business.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Tuesday 30th June 2020
(3 years, 10 months ago)
Commons ChamberRead Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 View all Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 30 June 2020 - (30 Jun 2020)
18:00 - The House divided: - Ayes: 247 / Noes: 344 - Question accordingly negatived.
18:21 - The House divided: - Ayes: 252 / Noes: 332 - Question accordingly negatived.
18:38 - The House divided: - Ayes: 248 / Noes: 337 - Question accordingly negatived.
18:53 - The House having divided: - Ayes: 255 / Noes: 332 - Question accordingly negatived.
19:16 - The House divided: - Ayes: 342 / Noes: 248 - Question accordingly agreed to.
Brendan O’Hara (Argyll and Bute) (SNP)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
New clause 2—Children in care and children entitled to care leaving support: Entitlement to remain—
‘(1) Any child who has their right of free movement removed by the provisions contained in this Act, and who are in the care of a local authority, or entitled to care leaving support, shall, by virtue of this provision, be deemed to have and be granted automatic Indefinite Leave to Remain within the United Kingdom under the EU Settlement Scheme.
(2) The Secretary of State must, for purposes of subsection (1), issue guidance to local authorities in England, Scotland, Wales and Norther Ireland setting out their duty to identify the children of EEA and Swiss nationals in their care or entitled to care leaving support.
(3) Before issuing guidance under this section the Secretary of State must consult—
(a) the relevant Scottish Minister;
(b) the relevant Welsh Minister; and
(c) the relevant Northern Ireland Minister.
(4) The Secretary of State must make arrangements to ensure that personal data relating to nationality processed by local authorities for purposes of identification under subsection (1) is used solely for this purpose and no further immigration control purpose.
(5) Any child subject to subsection (1) who is identified and granted status after the deadline of the EU Settlement Scheme (“the Scheme”) will be deemed to have had such status and all rights associated with the status from the time of the Scheme deadline.
(6) This section comes into force upon the commencement of this Act and remains in effect for 5 years after the deadline of the EU Settlement Scheme.
(7) For purposes of this section, “children in the care of the local authority” are defined as children receiving care under any of the following—
(a) section 20 of the Children Act 1989 (Provision of accommodation for children: general);
(b) section 31 of the Children Act 1989 (Care and Supervision);
(c) section 75 Social Services and Well-being (Wales) Act 2014 (General duty of local authority to secure sufficient accommodation for looked after children);
(d) section 25 of the Children (Scotland) Act 1995 (Provision of accommodation for children);
(e) Article 25 of the Children (Northern Ireland) Order 1995 (Interpretation); and
(f) Article 50 Children of the (Northern Ireland) Order 1995 (Care orders and supervision orders).
(8) For the purposes of this section, “children entitled to care leaving support” means a child receiving support under any of the following—
(a) paragraph 19B of Schedule 2 Children Act 1989 (Preparation for ceasing to be looked after);
(b) s.23A(2) Children Act 1989 (The responsible authority and relevant children);
(c) s.23C(1) Children Act 1989 (Continuing functions in respect of former relevant children);
(d) section 104 of the Social Services and Well-being (Wales) Act 2014 (Young people entitled to support under sections 105 to 115);
(e) sections 29-30 Children (Scotland) Act 1995 (Advice and assistance for young persons formerly looked after by local authorities) as amended by s.66 Children and Young People (Scotland) Act 2014 (Provision of aftercare to young people); and
(f) Article 35(2) Children (Northern Ireland) Order 1995 (Persons qualifying for advice and assistance.).’
This new clause aims to ensure that the children of EEA and Swiss nationals who are in care, and those who are entitled to care leaving support, are granted automatic Indefinite Leave to Remain under the EU Settlement Scheme to ensure they do not become undocumented.
New clause 7—Time limit on immigration detention for EEA and Swiss nationals—
‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—
(a) any person who, immediately before the commencement of Schedule 1, was—
(i) residing in the United Kingdom in accordance with the Immigration (European Economic Area) Regulations 2016;
(ii) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or
(iii) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised and available in domestic law after exit day.
(2) The Secretary of State may not detain any person (“P”) as defined in subsection(1) under a relevant detention power for a period of more than 28 days from the relevant time.
(3) If “P” remains detained under a relevant detention power at the expiry of the period of 28 days then—
(a) the Secretary of State shall release P forthwith; and
(b) the Secretary of State may not re-detain P under a relevant detention power thereafter, unless the Secretary of State is satisfied that there has been a material change of circumstances since “P’s” release and that the criteria in section [Initial detention: criteria and duration (No. 2)] are met.
(4) In this Act, “relevant detention power” means a power to detain under—
(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); or
(d) section 36(1) of UK Borders Act 2007 (detention pending deportation).
(5) In this Act, “relevant time” means the time at which “P” is first detained under a relevant detention power.
(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.’
New clause 8—Initial detention: criteria and duration (No. 2)—
‘(1) The Secretary of State may not detain any person (“P”) to whom section [Time limit on immigration detention for EEA and Swiss nationals] applies, under a relevant detention power other than for the purposes of examination, unless the Secretary of State is satisfied that—
(a) “P” can be shortly removed from the United Kingdom;
(b) detention is strictly necessary to affect “P”’s deportation or removal from the United Kingdom; and
(c) the detention of “P” is in all circumstances proportionate.
(2) The Secretary of State may not detain any person (“P”) who section [Time limit on detention for EEA and Swiss nationals] applies to under a relevant detention power for a period of more than 96 hours from the relevant time, unless—
(a) “P” has been refused bail at an initial bail hearing in accordance with subsection (5)(b) of section [Bail hearings (No. 2)]; or
(b) the Secretary of State has arranged a reference to the Tribunal for consideration of whether to grant immigration bail to “P” in accordance with subsection (2)(c) of section [Bail hearings (No. 2)] and that hearing has not yet taken place.
(3) Nothing in subsection (2) shall authorise the Secretary of State to detain “P” under a relevant detention power if such detention would, apart from this section, be unlawful.
(4) In this section, “Tribunal” means the First-Tier Tribunal.
(5) In this section, “relevant detention power” has the meaning given in section [Time limit on detention for EEA and Swiss nationals].’
New clause 9—Bail hearings (No. 2)—
‘(1) This section applies to any person (“P”) to whom section [Time limit on immigration detention for EEA and Swiss nationals] applies and who is detained under a relevant detention power.
(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary of State must—
(a) release “P”;
(b) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the Immigration Act 2016; or
(c) arrange a reference to the Tribunal for consideration of whether to grant immigration bail to “P”.
(3) Subject to subsection (4), when the Secretary of State arranges a reference to the Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“an initial bail hearing”) which must commence within 24 hours of the time at which the reference is made.
(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank holiday, the Tribunal must hold an initial bail hearing on the next working day.
(5) At the initial bail hearing, the Tribunal must—
(a) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the Immigration Act 2016; or
(b) refuse to grant immigration bail to “P”.
(6) Subject to subsection (7), the Tribunal must grant immigration bail to “P” at a bail hearing unless it is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration (No. 2)] are met and that, in addition—
(a) directions have been given for “P’s” removal from the United Kingdom and such removal is to take place within 14 days;
(b) a travel document is available for the purposes of “P’s” removal or deportation; and
(c) there are no outstanding legal barriers to removal.
(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration (No. 2)] above are met and that there are very exceptional circumstances which justify maintaining detention.
(8) In subsection (6) above, “a bail hearing” includes—
(a) an initial bail hearing under subsection (2) above; and
(b) the hearing of an application for immigration bail under paragraph 1(3) of Schedule 10 of the Immigration Act 2016.
(9) In this section, “Tribunal” means the First-Tier Tribunal.
(10) The Secretary of State shall provide to “P” or “P’s” legal representative, not more than 24 hours after the relevant time, copies of all documents in the Secretary of State’s possession which are relevant to the decision to detain.
(11) At the initial bail hearing, the Tribunal shall not consider any documents relied upon by the Secretary of State which were not provided to “P” or “P’s” legal representative in accordance with subsection (10), unless—
(a) “P” consents to the documents being considered; or
(b) in the opinion of the Tribunal there is a good reason why the documents were not provided to “P” or to “P’s” legal representative in accordance with subsection (10).
(12) The Immigration Act 2016 is amended as follows—
(a) After paragraph 12(4) of schedule 10 insert—
“(4A) Sub-paragraph (2) above does not apply if the refusal of bail within the meaning of section [Bail hearings (No. 2)] of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2019.”’
New clause 10—Commencement of detention provisions (No. 2)—
‘Sections[Time limit on immigration detention for EEA and Swiss Nationals],[Initial detention: criteria and duration (No. 2)]and[Bail hearings (No. 2)]come into force six months after the day on which this Act is passed.’
New clause 11—Report on the impact to EEA and Swiss nationals—
‘(1) This Act shall not come into effect until a Minister of the Crown has laid a report before each House of Parliament setting out the impact of the Act on EEA and Swiss nationals in the UK.
(2) A report under subsection (1) must consider—
(a) the impact on EEA and Swiss nationals of having no recourse to public funds under Immigration Rules;
(b) the impact of NHS charging for EEA and Swiss nationals;
(c) the impact of granting citizenship to all EEA and Swiss health and social care workers working in the UK during the Covid-19 pandemic;
(d) the impact of amending the Immigration and Nationality (Fees) Regulations 2018 to remove all fees for applications, processes and services for EEA and Swiss nationals; and
(e) the merits of the devolution of powers over immigration from the EEA area and Switzerland to (i) Senedd Cymru; (ii) the Scottish Parliament; and (iii) the Northern Ireland Assembly.
(3) A Minister of the Crown must, not later than six months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.
(4) In this section, “health and social care workers” includes doctors, nurses, midwives, paramedics, social workers, care workers, and other frontline health and social care staff required to maintain the UK’s health and social care sector.’
This new clause would ensure that before this Act coming into force, Parliament would have a chance to discuss how EEA and Swiss nationals will be affected by its provisions, including no recourse to public funds conditions, NHS charging, the possibility of granting British citizenship to non-British health and social care workers, removing citizenship application fees and the potential devolution of immigration policy of EEA and Swiss nationals to Wales, Scotland and Northern Ireland.
New clause 12—Status of Irish citizens—
‘In addition to any rights enjoyed by virtue of their Irish citizenship under UK law, Irish citizens must be treated as having all rights enjoyed by persons with settled status under the EU Settlement Scheme.’
This new clause will ensure that Irish citizens enjoy the same rights in the UK as someone with settled status under the EU Settlement Scheme.
New clause 13—Exemption from no recourse to public funds—
‘(1) This section applies during the current Covid- 19 pandemic, as defined by the World Health Organisation on 11 March 2020.
(2) Section 3(1)(c)(i) and (ii) of the Immigration Act 1971 cannot be applied to persons who have lost rights because of section (1) and Schedule 1 of this Act.
(3) This section could not be disapplied unless a resolution was passed by each House of Parliament.’
This new clause would delay application of No Recourse to Public Funds rules during the current pandemic and until such time as Parliament decides.
New clause 14—Immigration Health Charge: Exemption for EEA and Swiss citizens who are healthcare and social workers—
‘(1) The Immigration Act 2014 is amended as follows.
(2) After section 38 (Immigration health charge) insert—
“38A Health care workers and social workers from the EEA or Switzerland
(1) Any person who but for the provisions of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 would have the right of free movement is exempt from the Immigration health charge if that person is—
(a) a healthcare worker; or
(b) a social care worker.
(2) The exemption will also apply to a person who is a family member or dependant of an EEA or Swiss national who meets the conditions in section (1)(a) and (b).
(3) For this section—
“healthcare worker” means a worker who works in a healthcare setting within and outside the NHS who may come into contact with patients, including clinical administration staff, and care home staff;
“social care worker” means a worker as defined by section 55(2) of the Care Standards Act 2000.’
This new clause would ensure that EEA and Swiss nationals coming to the UK to work as a healthcare or social care worker would be exempt from the Immigration Health Charge.
New clause 15—Tier 2 Immigration skills charge—
‘No Tier 2 Immigrations skills charge will be payable on an individual who is an EEA or Swiss national and is coming to the UK to work for the NHS.’
This new clause would exempt NHS employers from having to pay the immigration skills charge.
New clause 16—Immigration health charge—
‘No immigration health charge introduced under section 38 of the Immigration Act 2014 may be imposed on an individual who is an EEA or Swiss national.’
This new clause would prevent EEA or Swiss nationals paying the immigration health charge.
New clause 17—Report on cost of recruitment—
‘(1) The Secretary of State must lay before Parliament a report setting out the costs associated with the recruitment of overseas workers to the UK as compared to such other countries the Secretary of State considers appropriate.
(2) The report must also set out the Secretary of State’s assessment of the impact of the costs referred to in subsection (1) on different sectors of the economy.
(3) No regulations relating to costs for the recruitment of overseas workers may be made until such time as the report has been laid before Parliament and debated.
(4) In this section “costs” include, but are not limited to, the following in relation to the UK—
(a) fees paid by an employer to register as a Tier 2 sponsor;
(b) visa fees paid by a Tier 2 worker and family members;
(c) immigration health surcharges for Tier 2 workers and family members;
(d) the immigration skills charge
(e) recruitment costs; and
(f) legal costs,
and in relation to other countries, includes such fees and costs as the Secretary of State believes equivalent or otherwise relevant.
(5) “Overseas worker” means a worker whose right to work in the UK have been impacted by section 1 and schedule 1.’
This new clause would mean Parliament is aware of costs relating to recruitment of EEA workers to the UK compared with competitor countries, before it has to consider any regulations on fees tabled by the government.
New clause 18—Hostile environment—
‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—
(a) residing in the United Kingdom in accordance with the Immigration (European Economic Area) Regulations 2016;
(b) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or
(c) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised and available in domestic law after exit day.
(2) Regulations under section 4(1) may not be made until the Government has brought forward legislative measures to ensure that hostile environment measures do not apply to P, specifically—
(a) sections 20-43 and 46-47 of the Immigration Act 2014;
(b) sections 34-45 of the Immigration Act 2016; and
(c) schedule 2, paragraph 4 of the Data Protection Act 2018.’
This new clause seeks to limit the application of the hostile environment.
New clause 19—Data Protection—
‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—
(a) residing in the United Kingdom in accordance with the Immigration (European Economic Area) Regulations 2016;
(b) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or
(c) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised and available in domestic law after exit day.
(2) Regulations under section 4(1) may not be made until the Government has made provision to ensure that P has safe and confidential access to essential public services by ensuring The Secretary of State, or any other individual or body on his behalf, must not process personal data, by any means, for the purposes of immigration control or enforcement, where that personal data has been collected in the course of the data subject accessing or attempting to access the public services identified in subsection (3).
(3) For the purposes of subsection (2), the relevant public services are:
(a) primary and secondary healthcare services;
(b) primary and secondary education; and
(c) the reporting of a crime by the data subject or, where the data subject is a witness to, or the victim of, the crime, any investigation or prosecution of it.
(4) The prohibitions contained in subsections (2) and (3) do not apply where the data subject has given his or her explicit and informed consent to the disclosure of the personal data, for the purposes of immigration enforcement.’
This new clause seeks to limit use of data gathered by key public services for immigration enforcement control.
New clause 20—Recourse to public funds—
‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—
(a) residing in the United Kingdom in accordance with the Immigration (European Economic Area) Regulations 2016;
(b) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or
(c) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised and available in domestic law after exit day.
(2) Regulations under section 4(1) may not be made until the Government has brought forward legislative measures to ensure that P can access social security benefits, where P is habitually resident, including repealing or amending the following provisions insofar as they relate to P—
(a) section 3(1)(c)(ii) of the Immigration Act 1971;
(b) section 115 of the Immigration and Asylum Act 1999;
(c) any provision in subordinate legislation, which imposes a “no recourse to public funds” condition on grants of limited leave to enter or remain; and
(d) any other enactment or power exercised under any other enactment, which makes immigration status a condition to access social security benefits.’
This new clause seeks to restrict measures prohibiting access to public funds.
New clause 21—British Citizen registration fee—
‘(1) No person, who has at any time exercised any of the rights for which Schedule 1 makes provision to end, may be charged a fee to register as a British citizen that is higher than the cost to the Secretary of State of exercising the function of registration.
(2) No child of a person who has at any time exercised any of the rights for which Schedule 1 makes provision to end may be charged a fee to register as a British citizen if that child is receiving the assistance of a local authority.
(3) No child of a person who has at any time exercised any of the rights for which Schedule 1 makes provision to end may be charged a fee to register as a British citizen that the child or the child’s parent, guardian or carer is unable to afford.
(4) The Secretary of State must take steps to raise awareness of people to whom subsection (1) applies of their rights under the British Nationality Act 1981 to register as British citizens.’
This new clause would mean that nobody whose right of free movement was removed by the Bill could be charged a fee for registering as a British citizen that was greater than the cost of the registration process and would abolish the fee for some children.
New clause 22—Visa requirements—
‘Section E-LTRP.3.1 of Appendix FM of the Immigration Rules will not apply to persons who have lost free movement rights under section 1 and schedule 1 until the Coronavirus Act 2020 expires as set out under section 89(1).’
This new clause will ensure that EEA and Swiss nationals are not prevented from qualifying to remain in the UK as partners, merely because they cannot meet financial requirements in the Immigration Rules during the coronavirus pandemic.
New clause 23—Amendment of the Scotland Act 1998—
‘(1) The Scotland Act 1998 is amended as follows.
(2) In Schedule 5, at paragraph B6, delete the words “free movement of persons within the European Economic Area;”.
(3) In Schedule 5, at paragraph B6, insert at the end—
“(none) Retained EU law relating to free movement of persons from the European Economic Area; and the subject matter of section 1 and schedule 1 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.”’
This new clause would devolved retained free movement law and the subject matter of clause 1 and schedule 1 of the Bill to the Scottish Parliament.
New clause 24—Remote Areas Pilot Scheme—
‘(1) Within 6 months of this Act receiving Royal Assent, the government must introduce a Remote Areas Pilot Scheme to encourage EEA and Swiss nationals to live and work in remote areas.
(2) The scheme in subsection (1) must be designed in consultation with the Northern Ireland Executive, the Scottish Government and the Welsh Government.
(3) The scheme in subsection (1) must operate for at least two years after which an evaluation report must be published and laid before both Houses of Parliament.
(4) A Minister of the Crown must make a motion in the House of Commons in relation to the report.’
This new clause would require the government to introduce a Remote Areas Pilot Scheme, similar to the recommendations of the Migration Advisory Committee.
New clause 26—Right to rent (EEA and Swiss nationals)—
‘The Secretary of State must make provision to ensure that EEA and Swiss nationals, and dependants of EEA and Swiss nationals, are not subjected to right to rent immigration checks.’
This new clause would require the Secretary of State to ensure that landlords do not carry out immigration checks on EEA and Swiss nationals under the Right to Rent scheme.
New clause 28—Data protection: immigration (EEA and Swiss nationals)—
‘(1) The Data Protection Act 2018 is amended in accordance with subsection (2).
(2) In paragraph 4 of schedule 2, after sub-paragraph (4) insert—
“(5) This paragraph does not apply if the data subject is an EEA or Swiss national or a dependent of an EEA or Swiss national.”’
This new clause would ensure that the immigration exemption in the Data Protection Act 2018 does not apply to EEA or Swiss nationals.
New clause 29—Family reunion and resettlement—
‘(1) The Secretary of State must make provision to ensure that an unaccompanied child, spouse or vulnerable or dependant adult who has a family member who is legally present in the United Kingdom has the same rights to be reunited in the United Kingdom with that family member as they would have had under Commission Regulation (EU) No. 604/2013.
(2) The Secretary of State must, within a period of six months beginning with the day on which this Act is passed—
(a) amend the Immigration Rules in order to preserve the effect in the United Kingdom of Commission Regulation (EU) No. 604/2013 for the family reunion of unaccompanied minors, spouses and vulnerable or dependant adults; and
(b) lay before both Houses of Parliament a strategy for ensuring the continued opportunity for relocation to the UK of unaccompanied children present in the territory of the EEA, if it is in the child’s best interests.
(3) For the purposes of this section, “family member”—
(a) has the same meaning as in Article 2(g) of Commission Regulation (EU) No. 604/2013;
(b) also has the same meaning as “relative” as defined in Article 2(h) of Commission Regulation (EU) No. 604/2013; and
(c) also includes the family members referred to in Article 8 (1), Article 16 (1) and 16 (2) of Commission Regulation (EU) No. 604/2013.
(4) Until such time as Regulations in subsection (2) come into force, the effect of Commission Regulation (EU) No 604/2013 for the family reunion of unaccompanied minors, spouses and vulnerable or dependent adults with their family members in the UK shall be preserved.’
This new clause would have the effect of continuing existing arrangements for unaccompanied asylum-seeking children, spouses and vulnerable adults to have access to family reunion with close relatives in the UK.
New clause 30—Impact assessment on the social care workforce—
‘(1) No Minister of the Crown may appoint a day for the commencement of any provision of this Act until the condition in subsection (2) is met.
(2) This condition is that a Minister of the Crown has published and laid before both Houses of Parliament an assessment of the impact of the Act on recruitment of EU citizens, EEA nationals, and Swiss citizens to the social care sector.’
This new clause makes the coming into force of the Act conditional on the production of an impact assessment of the changes on the social care workforce
New clause 32—Non-applicability of hostile environment measures to EU citizens, EEA nationals and Swiss citizens—
‘(1) No amendment to the definition of ‘relevant national’ in section 21 of the Immigration Act 2014, so as to alter the provision made for a national of an EEA State or a national of Switzerland, may be made by regulations under—
(a) Section 8, Section 23 and paragraph 21 of Schedule 7 of the European Union (Withdrawal) Act 2018;
(b) Section 14 of the European Union (Withdrawal Agreement) Act 2020; or
(c) Section 4 of this Act.
(2) In Paragraph 4 of Schedule 2 of the Data Protection Act 2018 (“Immigration”)
(a) Omit “.” at the end of sub-paragraph (4),
(b) At the end of sub-paragraph (4), insert—
“, and
(5) Sub-paragraphs (1) and (3) do not apply where the personal data is that of a national of an EU Member State, an EEA State or Switzerland.”
(3) This section comes into force on the day on which this Act is passed.’
This new clause would prevent the application of key aspects of the hostile/compliant environment to EU, EEA and Swiss citizens.
New clause 33—Differentiated immigration rules—
‘(1) The Secretary of State must publish and lay before Parliament a report on the implementation of a system of differentiated immigration rules for people whose right of free movement is ended by section 1 and schedule 1 of this Act within six months of the passing of this Act.
(2) The review in subsection (1) must consider the following—
(a) whether Scottish Ministers, Welsh Ministers, and the Northern Ireland Executive should be able to nominate a specified number of EEA and Swiss nationals for leave to enter or remain each year;
(b) the requirements that could be attached to the exercise of any such power including that the person lives and, where appropriate, works in Scotland, Wales or Northern Ireland and such other conditions as the Secretary of State believes necessary;
(c) the means by which the Secretary of State could retain the power to refuse to grant leave to enter or remain on the grounds that such a grant would—
(i) not be in the public interest, or
(ii) not be in the interests of national security;
(d) how the number of eligible individuals allowed to enter or remain each year under such a scheme could be agreed annually by Scottish Ministers, Welsh Ministers and the Northern Ireland Executive and the Secretary of State; and
(e) whether Scottish Ministers, Welsh Ministers, and the Northern Ireland Executive should be able to issue Scottish, Welsh and Northern Irish Immigration Rules, as appropriate, setting out the criteria by which they will select eligible individuals for nomination, including salary thresholds and financial eligibility.
(3) As part of the review in subsection (1), the Secretary of State must consult—
(a) the Scottish Government;
(b) the Welsh Government;
(c) the Northern Ireland Executive; and
(d) individuals, businesses, and other organisations in the devolved nations’.
This new clause would require the Secretary of State to publish and lay a report before Parliament on differentiated immigration rules for people whose right of free movement are ended by this Act, and sets out a non-exhaustive list of issues that must be reviewed including the possible role of devolved government.
New clause 34—Late applications—
‘(1) Prior to the deadline for applications to the EU Settlement Scheme, the Secretary of State must publish a report setting out proposals for dealing with late applications and a motion to approve the report must be debated and approved by both Houses of Parliament.
(2) Until the report under subsection (1) is debated and approved by both Houses of Parliament, the EU Settlement Scheme must remain open for applications and the Secretary of State must extend the deadline for applications accordingly.’
The new clause will ensure that the EU Settled Status Scheme will remain open until such time as the Minister has published his proposals as to how to deal with late applications and that report has been approved by Parliament.
New clause 35—Visa extensions for health and care workers during Covid-19 pandemic—
‘(1) Where—
(a) A person (“P”) meets either the condition in subsection (2) or the condition in subsection (3); and
(b) P’s leave in the United Kingdom would otherwise expire prior to 1 January 2021,
then P’s leave is extended until twelve months after the date on which P’s leave would otherwise expire without any further fee or charge being incurred.
(2) The condition in this subsection is that the individual is a health and care professional, or a social worker, or employed in another frontline health and care role.
(3) The condition in this subsection is that the individual is a family member of a person meeting the condition in subsection (2).
(4) In this section—
“health and care professional” is a person within the class of persons who are nurses or other health and care professionals, or medical professionals within the meaning of the regulations referred to in sections 2 to 5 of the Coronavirus Act 2020;
“social worker” is a person within the class of persons who are social workers within the meaning of the regulations referred to in sections 6 to 7 of the Coronavirus Act 2020.”
“employed in another frontline health and care role” means a person employed in a role conferring eligibility for the NHS and Social Care Coronavirus Life Assurance Scheme 2020.’
This new clause would put the Government’s policy of visa extensions on a statutory footing, and ensure that it includes all health and social care workers and other frontline employees including cleaners and porters.
New clause 36—Applications for citizenship from people with settled status—
‘Where a person with settled status applies for British Citizenship, then the period of person’s residence that qualified them for settled status shall be treated as not being in breach of the immigration laws.’
This new clause would ensure that persons who qualified for settled status cannot then be refused citizenship on ground that their residence during the qualifying period for settled status was in breach of immigration laws (for example, because of a period without Comprehensive Sickness Insurance).
New clause 37—Annual report on skills and the labour market—
‘(1) Within six months of this Act coming into force, and every 12 months thereafter, the Secretary of State must publish and lay a report before Parliament setting out how changes made to the Immigration Rules for EEA and Swiss nationals have affected skill shortages in the labour market.
(2) A Minister of the Crown must, not later than a month after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.’
This new clause would ensure that the Government has to publish an annual report on skill shortages and the labour market, and that it would be debated in Parliament.
New clause 38—European citizens’ rights—
‘(1) This section applies to EEA and Swiss nationals—
(a) who are within the personal scope of the withdrawal agreement (defined in Article 10) having the right to reside in the United Kingdom; or
(b) to whom the provisions in (a) do not apply but who are eligible for indefinite leave to enter or remain or limited leave to enter or remain by virtue of residence scheme immigration rules.
(2) A person has settled status in the United Kingdom if that person meets the criteria set out in ‘Eligibility for indefinite leave to enter or remain’ or ‘Eligibility for limited leave to enter or remain’ in Immigration Rules Appendix EU.
(3) A person with settled status holds indefinite leave to enter or remain and has the rights provided by the withdrawal agreement for those holding permanent residence as defined in Article 15 of the agreement, even if that person is not in employment, has not been in employment or has no sufficient resources or comprehensive sickness insurance.
(4) The Secretary of State must by regulations made by statutory instrument make provision—
(a) implementing Article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence;
(b) implementing Article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence; and
(c) implementing Article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence.
(5) A person with settled status does not lose the right to reside for not having registered their settled status.
(6) A person who has settled status who has not registered their settled status by 30 June 2021 or any later date decided by the Secretary of State may register at any time after that date under the same conditions as those registering prior to that date.
(7) After 30 June 2021 or any later date decided by the Secretary of State, a person or their agent may require proof of registration of settled status under conditions prescribed by the Secretary of State in regulations made by statutory instrument, subject to subsections (8) to (10).
(8) Any person or their agent who is allowed under subsection (7) to require proof of registration has discretion to establish by way of other means than proof of registration that the eligibility requirements for settled status under the provisions of this section have been met.
(9) When a person within the scope of this section is requested to provide proof of registration of settled status as a condition to retain social security benefits, housing assistance, access to public services or entitlements under a private contract, that person shall be given a reasonable period of at least three months to initiate the registration procedure set out in this section if that person has not already registered.
(10) During the reasonable period under subsection (9), and subsequently on the provision of proof of commencement of the registration procedure and until a final decision on registration on which no further administrative or judicial recourse is possible, a person cannot be deprived of existing social security benefits, housing assistance, access to public services or private contract entitlements on the grounds of not having proof of registration.
(11) The regulations adopted under subsection (7) must apply to all persons defined in subsection (1).
(12) A statutory instrument containing regulations under this section may not be made unless a draft instrument has been laid before and approved by a resolution of each House of Parliament.
(13) In this section—
“EEA EFTA separation agreement” means (as modified from time to time in accordance with any provision of it) the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union;
“residence scheme immigration rules” has the meaning defined in section 17 of the European Union (Withdrawal Agreement) Act 2020;
“Swiss citizens’ rights agreement” means (as modified from time to time in accordance with any provision of it) the Agreement signed at Bern on 25 February 2019 between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens’ rights following the withdrawal of the United Kingdom from— (a) the European Union, and (b) the free movement of persons agreement;
“withdrawal agreement” means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it).’
This new clause will ensure that all EU citizens have settled status (whether they’ve applied or not) and to require the Government to make available physical proof of settled status.
Amendment 34, in clause 4, page 2, line 34, leave out “, or in connection with,”
This amendment would narrow the scope of the powers provided to the Secretary of State in Clause 4, as recommended by the House of Lords Delegated Powers and Regulatory Reform Committee in connection with the equivalent Bill introduced in the last session of Parliament.
Amendment 36, page 3, line 8, at end insert—
‘(5A) Regulations under subsection (1) must provide that EEA and Swiss nationals, and adult dependants of EEA and Swiss nationals, who are applying for asylum in the United Kingdom, may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within 3 months of the date on which it was recorded.’
This amendment would require the Secretary of State to make regulations enabling asylum seekers to work once they have been waiting for a decision on their claim for 3 months or more.
Amendment 32, page 3, line 28, at end insert—
‘(11) Subject to subsection (13), regulations made under subsection (1) must make provision for ensuring that all qualifying persons have within the United Kingdom the rights set out in Title II of Part 2 of the Withdrawal Agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement and implementing the following provisions—
(a) Article 18(4) of the Withdrawal Agreement (Issuance of residence documents);
(b) Article 17(4) of the EEA EFTA separation agreement (Issuance of residence documents); and
(c) Article 16(4) of the Swiss citizens’ rights agreement (Issuance of residence documents).
(12) In this section, “qualifying persons” means—
(a) those persons falling within the scope of the agreements referred to; and
(b) those eligible under the residence scheme immigration rules, as defined by section 17(1) of the European Union (Withdrawal Agreement) Act 2020.
(13) Notwithstanding subsection (11), regulations must confer a right of permanent, rather than temporary, residence on all qualifying persons residing in the UK prior to such date as the Secretary of State deems appropriate, being no earlier than 23rd June 2016.’
This amendment would mean that EEA and Swiss citizens residing in the UK would automatically have rights under Article 18(4) of the Withdrawal Agreement (and equivalent provisions in the EEA EFTA and Swiss citizens rights agreements) rather than having to apply for them, and ensure that for the overwhelming majority, that status is permanent.
Amendment 33, page 3, line 28, at end insert—
‘(11) Regulations made under subsection (1) must make provision for admission of EEA nationals as spouses, partners and children of UK citizens and settled persons.
(12) Regulations made under subsection (1) may require that the EEA nationals entering as spouses, partners and children of UK citizens and settled persons can be “maintained and accommodated without recourse to public funds” but in deciding whether that test is met, account must be taken of the prospective earnings of the EEA nationals seeking entry, as well as an third party support that may be available.
(13) Regulations made under subsection (1) must not include any test of financial circumstances beyond that set out in subsection (12).’
This amendment would ensure that UK nationals and settled persons can be joined in future by EU spouses and partners and children without application of the financial thresholds and criteria that apply to non-EEA spouses, partners and children.
Amendment 38, page 3, line 28, at end insert—
‘(11) Regulations made under subsection (1) must make provision enabling UK citizens falling within the personal scope of the Withdrawal Agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement to return to the UK accompanied by, or to be joined in the UK by, close family members.
(12) Regulations under subsection (1) may not impose any conditions on the entry or residence of close family members which could not have been imposed under EU law relating to free movement, as at the date of this Act coming into force.
(13) References in subsection (11) to the Withdrawal Agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement have the same meaning as in the European Union (Withdrawal Agreement) Act 2020.
(14) For the purposes of subsection (11), “close family members” means
(a) children (including adopted children); and
(b) other close family members where that relationship subsisted on or before 31st January 2020 and has continued to subsist.’
This amendment ensures that UK citizens who have been living abroad in the EEA and formed families before the UK left the EU, can return to the UK with those families under the rules that were in force before the UK left the EU.
Government amendments 1 to 4.
Amendment 35, in clause 7, page 5, line 13, at end insert—
‘(1A) Section 1 and Schedule 1 of this Act do not extend to Scotland.’
Amendment 39, page 5, line 40, at end insert—
‘(4A) Section 4 and section 7(5) expire on the day after the day specified as the deadline under section 7(1)(a) of the European Union (Withdrawal Agreement) Act 2020.’
Government amendments 5 to 31.
There is a great deal of interest in this debate. I propose to start with a limit of six minutes on Back-Bench speeches. I know that those on the Front Benches are aware of the pressure on time.
Brendan O’Hara
New clause 1 stands in my name and in the names of the hon. Members listed on the Order Paper. It seeks an independent evaluation of the impact of the effect of this Bill specifically on the health and social care sector. The reason behind it is that the faith that this Government clearly have in their new points-based immigration scheme simply is not shared by tens of thousands of those working in the health and social care sector and millions of their service users.
As of this afternoon, no fewer than 50 organisations have given their backing to this new clause. Those organisations come from every part of the United Kingdom. They include: the Bevan Foundation; the Church of Scotland; Unison; the MS Society; the Scottish Council for Voluntary Organisations; the Centre for Independent Living in Northern Ireland; Disability Wales; the National Carers Organisation; Macmillan Cancer Support; the Royal College of Physicians of Edinburgh; social workers in Scotland, Wales and Northern Ireland; the Voluntary Organisations’ Network North-East; and the Alliance for Camphill to name just a few.
By supporting new clause 1, all we are asking is that the Secretary of State for Health and Social Care, having consulted the relevant Ministers in Edinburgh, Cardiff and Belfast, as well as service providers and those requiring health and social care services, appoints an independent evaluator to assess the impact that this Bill will have on the sector and for Parliament then to debate and vote on that assessment. By accepting new clause 1, the Government would be saying to the sector, “We hear what you are saying. We recognise your fears and concerns, but we are confident that this new proposal will not adversely affect those caring for the weakest and most vulnerable in our society.” The Government would then be saying that they are happy to have that independent evaluation of these changes once it has been implemented.
The reason that this new clause has received such widespread support in the sector is that they, as the people who work on the frontline, simply cannot see how this Bill will help to deliver a better service to the millions of people throughout the UK who rely on it every day of their lives. One can understand their concerns, given that the sector is already struggling to recruit and retain the workforce that it needs right now to look after an ageing population, and a population with increasingly complex care needs.
At the end of September 2019, NHS England reported 120,000 unfilled posts. That is an increase of 22,000 on the previous year and it is a pattern that is being repeated across the United Kingdom. It is a bad situation, and it is one that is getting worse. There is genuine concern in the sector that the Government do not know what to do about it, and it is a concern that is only heightened by what is contained in the Bill.
In and of itself, filling those existing vacancies will be a major long-term challenge, but it becomes even more so if the Government are genuine about fulfilling the Prime Minister’s pledge to give every older person the dignity and the security that they deserve. To do that, they would not only need to fill the 120,000 vacancies that exist now, but would have to vastly increase the number of people recruited into the sector over a long and sustained period of time. The Nuffield Trust has said that providing just one hour of care to an elderly person with high needs who currently does not receive help would require 50,000 additional home care workers, rising to 90,000 if two hours’ care were to be provided. We must add to that the fact that one in four of the current health and social care workforce is aged 55 or over and therefore due to retire at some point in the next decade, resulting in a further 320,000 vacancies. I can understand why people are very worried. I cannot see how this Bill facilitates finding that army of workers, but, more importantly, no one I have spoken to in the health and social care sector sees how it can. In fact, there is a commonly held belief that the Bill will make recruitment of staff far more difficult and the delivery of what the UK Government claim they want well-nigh impossible.
I have said it before and I make no apology for repeating it: I believe that freedom of movement has been extremely good for this country and I bitterly regret seeing it go. It has been economically, socially and culturally beneficial for the UK. But if the Government are determined to abandon it, then the least they can do is to make sure that the weakest, poorest and most vulnerable are not disproportionately affected by it. I do not believe they have done that. I do not believe for a minute that they have considered the impact that this Bill will have on the health and social care sector—but I am prepared to be proven wrong. By accepting new clause 1, the Government will give the health and social care sector the confidence that this Government do know what they are doing, that they have carefully considered what the ending of freedom of movement will mean, and that they have a plan in place to protect the sector—and, more importantly, to protect those who rely on it.
Surely if the Government are really as confident about the efficacy of this new immigration Bill and the points-based system as they claim, they have nothing to fear from a comprehensive, independent evaluation that is there purely to assess the impact on the sector across the four nations of the UK. Indeed, it would be the prudent and responsible thing for the Government to do in order to ensure that any changes to the immigration system do not, however inadvertently, adversely affect the care needs of our most vulnerable.
This independent evaluation would not only ensure that no harm has been done to service users, but give any future Government a head start when planning and making decisions in the sector, particularly around recruitment of staff and investment. Surely the Minister can accept that such a far-reaching change as this should not happen on a wing and a prayer without a proper bespoke impact assessment on the sector—which there has not been—or at least an appropriate mechanism by which this House and Parliaments across the UK are able to accurately measure the effectiveness or otherwise of such a radical change.
By accepting new clause 1, the Government would ensure that these issues were being tackled from a foundation of accurate and independent research, allowing national Governments, local authorities, health and social care sectors, third-sector organisations and other key agencies to make strategic planning decisions while being fully informed by robust and independent evidence, thus securing the long-term future of the sector.
As probably never before, the people across the nations of the United Kingdom have come to appreciate the outstanding contribution made by those who work in our health and social care services. I doubt there is a family anywhere in the UK who has not benefited from their help in the past few months. But along with our sincere thanks and gratitude, we owe them an assurance that we will do everything we can to support them and the sector, and that must include providing them with the assurance that no decision taken in this place will undermine or adversely affect them. I hope the Minister will see that the Government have nothing to lose, but rather lots to gain, from agreeing to such an independent evaluation of the impact of this Bill on the health and social care sector, and I implore him to accept new clause 1.
Tim Loughton (East Worthing and Shoreham) (Con)
First, I declare my interests in the register. Secondly, it is getting rather difficult to talk to so many amendments in the space of six minutes. Perhaps I should have applied for a ten-minute rule Bill beforehand and got all my points in through that. I want to talk primarily to my new clauses 2 and 29. I certainly put on record my support for new clauses 7 to 10 tabled by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis).
Steve Brine (Winchester) (Con)
A ten-minute rule Bill would have been good. In respect of new clause 29, which my hon. Friend is also speaking to, the Government will say that the matter is subject to negotiation, and that acting now would pre-empt and tread on that. I always listen with great respect to what he says, and I take a lead from him in many regards. Why is that not the pertinent point?
Tim Loughton
I have not actually come on to new clause 29 yet, and other people will speak to that point, but the problem is that the Government position has been weakened. They produced a negotiation document, which now has a discretionary scheme, rather than the mandatory scheme. The EU will be even less likely to want to agree to that, and it is absolutely essential that we have a scheme in place, otherwise on 1 January next year there will be no safe and legal route for the several hundreds of children who have been coming to this country safely to avail themselves of. That is the problem.
New clause 2 would ensure that all looked-after children and care leavers were identified and given status so that they do not become undocumented. Issuing settled status now would prevent another cliff edge in the future. These young people would have to re-apply for settled status in five years’ time, perhaps without the help of the local authority. The evidential burden would be lowered for local authorities applying and for Home Office caseworkers, saving time with the complex application process. The amendment to the process for identification and granting status is time-limited. As set out in the new clause, it would be effective for five years after the settlement scheme deadline, until 30 June 2026.
These are really vulnerable children. We do a great job of looking after them in this country, from which we can take great pride. For goodness’ sake, let us continue being able to do that job and keep them here legally without allowing them to become at risk. This is not about bringing lots of new children into the country—they are already here. We just want to make sure they have representation, recognition and the documentation to ensure that when they grow into adults and apply for a job, it is not all of a sudden found that actually they have no right to be here and they face deportation.
New clause 29—what a sense of déjà vu—was raised many times during the Brexit Bills. We were convinced by Ministers that that was not the appropriate place for it. I accepted that. We were told that it would be in the immigration Bill instead. It is not in the immigration Bill. We have been told that it is going to be down to the negotiations instead. Time is running out; the Dublin III scheme ends in exactly six months’ time, and there is no replacement for it yet.
As I said, the Government published their negotiation document. The most fundamental problem with the scheme that is now being negotiated—it is not guaranteed —is that the text removes all mandatory requirements on the Government to facilitate family reunions and would make a child’s right to join their relatives entirely discretionary. The text intentionally avoids providing rights to children, contains no appeal process and attempts to be beyond the reach of the United Kingdom courts. Other categories of vulnerable refugees, including accompanied children, would lose access to family reunion entirely, and a series of other key safeguards have been removed, including strict deadlines for responses and responsibility for gathering information being on the state rather than the child.
Tim Farron (Westmorland and Lonsdale) (LD)
Will the hon. Gentleman give way?
Tim Farron
I am at the far end of the Chamber, but I thoroughly agree with the hon. Gentleman; I am very close to him when it comes to the point he is making. Obviously, this is a very regrettable state of affairs. Does he agree that it would be right for the Minister, at the Dispatch Box today, to commit the United Kingdom to signing up to the equivalent of Dublin so that children who are here unaccompanied can have their family come and join them, and children from outside this country who are unaccompanied can come and join family members here? That is the right and decent thing to do, and it would be continuing our obligations to those people.
Tim Loughton
The hon. Gentleman is right. Actually, the Government have said all along that that is their intention. I have had meetings with many Immigration Ministers over the last few years. I remember going to see the then Immigration Minister, who is now the Northern Ireland Secretary, after Baroness Morgan and I visited Athens with UNICEF. We visited some of the camps out there and saw some of the children who would qualify for this scheme. We were given clear undertakings that it was absolutely the Government’s intention to make sure that after we came out of the EU, when Dublin III no longer covered the United Kingdom, we would have a scheme at least as good as what there is now.
Again, we are talking about just a few hundred children. We are not talking about attracting thousands of children to this country; it is a few hundred specifically identified children—usually through some of our agencies operating in refugee camps and around the world—who have family links in this country. In some cases, those will be their only family links. They may have lost their parents in the civil war in Syria; they may be at the hands of people traffickers, fleeing abuse, fleeing war zones or whatever, and it may be that a brother, an uncle or an aunt is the only family member they have left and that that person is legally in the United Kingdom. Those are some of the most vulnerable children whom we have done a fantastic job of giving a safe home to in recent years, and it is essential that we carry that scheme on. It is a mandatory scheme, and it is a scheme of which we should be hugely proud.
That is why now is the time for new clause 29. We have had fob-offs, frankly, over recent years about why it would not be appropriate to put this in legislation. We need a very clear statement and intent from the Government today that there will be a scheme in operation on 1 January. I know that it depends on negotiations, but if all else fails, we can put in place our own scheme that is at least as good as Dublin. That is what the new clause tries to achieve.
We have a great record in this area. We have taken almost 20,000 refugees under the Syrian scheme. We targeted 20,000; we have actually taken 19,768. We have invested more than £2.3 billion in Syrian refugees—more than any other country in the EU. We have filled the 480 Dubs places. We have a great record, so why on earth would we not want to make sure that we continue that great record for some of the most vulnerable children fleeing from danger, whom we have been able to afford safe and legal passage to join relatives in the United Kingdom?
That is what the new clause asks for. We have to do better. I and my constituents will not be able to understand it if we fail to give a strong commitment that this country continues to want to do the best by those really vulnerable children. For that reason, I support new clause 29 as well.
Holly Lynch (Halifax) (Lab)
It is a pleasure to return to the Chamber for the Report stage of this important Bill and to follow the hon. Member for East Worthing and Shoreham (Tim Loughton). I will return later to the merits of new clauses 2 and 29, but I will focus my comments on the merits of new clauses 13 to 15, tabled by the Leader of the Opposition. I will also outline our support for several other new clauses that have appeal across the Labour Benches, not least new clause 1, the lead amendment in this group.
I am sorry that we could not persuade the Government to engage further with us on any of the amendments or new clauses that we tabled in Committee, but we have the opportunity on Report to make the case again for different approaches in certain areas. In Committee, my hon. Friend the Member for Stretford and Urmston (Kate Green) spoke to new clause 13, which called on the Government to review “no recourse to public funds” with a focus on vulnerable groups, including those with children and victims of domestic violence. We had hoped that such a review would establish an evidence base allowing for a more informed parliamentary discussion on the broader issue.
In the immediate term, we have already called for “no recourse to public funds” to be suspended for the duration of the coronavirus crisis. On 21 April, we asked the Government to lift NRPF as a condition on a person’s migration status, in order to ensure that nobody was left behind in the public health effort undertaken to fight against coronavirus.
Stephen Timms (East Ham) (Lab)
My hon. Friend is right. “No recourse to public funds” is one reason for what is happening in Leicester. Is she aware that both the Home Affairs Committee and the Work and Pensions Committee, on a cross-party basis, unanimously called for the suspension of the “no recourse to public funds” restrictions for the duration of the pandemic?
Holly Lynch
My right hon. Friend, alongside the Chair of the Home Affairs Committee, has done an awful lot of work in this area, not least with the support of the Prime Minister. In response to his question about NRPF on 27 May, the Prime Minister said:
“Clearly people who have worked hard for this country, who live and work here, should have support…we will see what we can do to help”.
My right hon. Friend was right to raise this important point. The Children’s Society estimates that about 1 million people and at least 100,000 children have no recourse to public funds. Although new clause 13 has been drafted to sit within the scope of the Bill, it would start to deliver on the spirit of the Prime Minister’s commitment.
Local authorities have already had instructions from central Government to this effect. On 26 March, Ministers from the Ministry of Housing, Communities and Local Government wrote to all councils asking them to utilise alternative powers and funding to assist those with no recourse to public funds. People are, however, still facing destitution and a postcode lottery at the discretion of their local authority without a clear steer from the Home Office. With this in mind, we hope that new clause 13 will have the support of the House. It would prevent any extension of this condition to those who would lose their free movement rights for the course of the pandemic, and would ensure that NRPF could not be re-imposed without a proper parliamentary debate and a vote in both Houses.
Tim Farron
In addition to the imposition and the hardship that comes from “no recourse to public funds”, there is the burden that many asylum seekers face when it comes to being able to work. Does the hon. Member agree that it is right that we give asylum seekers the right to work while they wait for their application to be heard, not least because it would save the public money and give those people the dignity of work and the ability to provide for their own families and to begin to integrate much earlier?
Holly Lynch
I am grateful to the hon. Gentleman for his intervention. We spoke in favour of the “Lift the Ban” campaign, which would have given asylum seekers the right to work after six months of not receiving a decision on their asylum claims. He is absolutely right that that would restore a degree of dignity to those in the system who have skills and are willing to work and want to contribute to the communities that they call their new homes. He is right to raise that important point.
On new clause 14, we very much welcome the Government’s commitment to scrap the NHS surcharge for migrant health and care workers. However, given that the commitment was made more than a month ago and that, to date, no progress as to how it will be delivered has been forthcoming, we have tabled new clause 14, which has, once again, been crafted to sit within the scope of this legislation and would make a start on enshrining the commitment in law.
The fee was described as “appalling, immoral and monstrous” by Lord Patten, the former Conservative party chairman. The general secretary for the Royal College of Nursing, Dame Donna Kinnair, said,
“it is a shame it took this pandemic for the government to see sense.”
The British Medical Association, the Royal College of Nursing, the Royal College of Physicians and Unison have all written to the Prime Minister to ask for practical clarification on his commitment. I also asked the Minister at Committee stage for an update on rolling out the policy change, but we are no nearer to having any insight into what progress, if any, has been made.
We worked with EveryDoctor, the doctor-led campaigning organisation to reach out to the 25,000-plus doctors on their Facebook group. It started a poll on Friday asking doctors to let it know if they had had to pay the immigration health surcharge since 21 May. So far, we have heard back from 55 doctors—all 55 have had to pay the charge.
I spoke to three of those doctors this morning. I thank them for their service to the NHS in our hour of need. Upon hearing their stories of what we make them go through in order to stay in this country and work in our NHS, I was genuinely embarrassed. They have each changed their roles within the NHS over the last three months. The automatic visa extension only covers those who are in the same job. If someone is moving to or from a 12-month specialist training post, for example, which is common in the NHS, they need to apply for a new visa, as they will be transferring sponsor, even though the move is within the NHS. They will not get a new visa without first paying the health surcharge.
I heard from Dr Olivia Misquitta, who is switching to a training placement role from paediatrics and who has been asked to pay the health surcharge twice in seven months—the last time being just last week, on 24 June. She hopes that eventually she will be refunded. I also heard from Dr Ahmed Bani Sadara, from Pakistan, who is working in orthopaedics but starts his GP training in August. His change in visa means that, on 1 June, he had to pay the health surcharge for himself, his wife and his six-month-old daughter, having already been asked to pay the charge for his daughter when she was born in this country just six months ago.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Does my hon. Friend recognise that social care workers and NHS porters and cleaners—those who do some of the most important jobs on the covid frontline—have not been included in the free visa extension and, as a result, are also being pressured to pay the immigration surcharge? Does she agree that the free visa extension ought to be extended to cover the lowest paid staff in the NHS and social care?
Holly Lynch
I entirely agree with my right hon. Friend. In her capacity as Chair of the Home Affairs Committee, she has pushed for this issue a great deal, and I commend her for that work. I agree with her wholeheartedly.
In the long term, we need to look at the sponsorship issue. If medical professionals had simply the NHS as a sponsor, rather than individual trusts, that simple step would transform the visa system and the fees for those working on the frontline of healthcare provision.
On the health surcharge, we seek to press new clause 14 to a vote, unless we are given a clear steer and assurances about how and when the changes will come into effect, and how those who have had to pay the fee since the announcement was made will be reimbursed.
New clause 15 would quite simply exempt NHS employers from having to pay the immigration skills charge. As things stand, NHS trusts pay the skills charge for those coming to work in the NHS from countries outside the EU, and they will be expected to pay those costs for those coming from the EU after free movement ends. However, in the context of the NHS, where certain clinical skills are simply not available in the domestic labour pool, levelling a tax on NHS trusts for having no choice other than to plug their staff shortages from the international talent pool is nothing short of an outrage. An NHS trust cannot unilaterally decide to train more nurses from the domestic labour force, for example; it needs Government intervention to deliver that uplift.
We have clinical workforce shortages almost right across the board in the NHS, and that is while we have had free movement. We submitted freedom of information requests to 224 NHS hospital trusts in England, asking them how much they were losing from their budgets to pay these charges back to the Government. To give an indication of what some hospitals are paying out, Portsmouth Hospitals NHS Trust told us that in just one year—the 2019-2020 financial year—it paid the Government £972,000. It has paid over £2 million in immigration skills charges since 2017. Over the past three financial years, Lewisham and Greenwich NHS Trust had to pay the Government £961,000 in immigration skills charges. Only 21% of trusts have responded to the FOI request so far, but this tells us that nearly £13 million has been taken back out of NHS budgets and handed over to the Government since 2017. That is nearly £13 million from just 21% of the hospital trusts in England. The fact that some hospitals could be paying out nearly £1 million in immigration skills charges in a single year must surely be a sign that the system is not working as intended, and this is all while people have been able to come and work in the NHS under free movement, where fees would not have been applicable. That is about to come to an end. I urge the Minister to adopt new clause 15, to mitigate any further detrimental impact on the NHS workforce and to ensure that NHS funding stays in the NHS.
I will briefly touch on the two other changes we have proposed. Amendment 39 would time-limit the Henry VIII powers in the Bill. These powers have been widely criticised by experts, and efforts from both Labour and the Scottish National party in Committee to curb the powers or to ask the Government to state explicitly on the face of the Bill what they would be used for have been to no avail. Amendment 39 would tie them to the end date of the EU settlement scheme.
I want to take this opportunity to say that we also support new clause 29, tabled in the name of the Chair of the Home Affairs Committee, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), with cross-party support. This new clause would seek to continue the existing arrangements for unaccompanied child refugees and maintain our commitment to family reunion. I was reassured by the Minister’s positive response to the hon. Member for Barrow and Furness (Simon Fell) on this issue during the urgent question yesterday, and I hope that discussions can continue in that positive spirit. We also support new clauses 7 to 10, tabled in the name of the right hon. Member for Haltemprice and Howden (Mr Davis), which reflect the sustained cross-party appetite to ensure that immigration detention is limited to 28 days, bringing about an end to unfair and unjust indefinite detention.
We are also keen to support new clause 2, tabled in the name of the hon. Member for East Worthing and Shoreham (Tim Loughton), who has already given his very articulate explanation as to why it matters so much. We tabled new clause 58 in Committee to the same effect as his new clause, seeking to grant settled status to all those eligible children who are currently in the care of local authorities or who are care leavers. I am grateful that the hon. Gentleman has been able to share with the House some of the latest research from the Children’s Society, which foresees a bleak outlook if we do not take action on this important issue now, taking the responsibility from local authorities who are stretched as they have never been stretched before in order to make an application on behalf of a child. This is a cohort of children and young people who are our responsibility. We, the state, are acting as their legal guardians. They have already had the worst possible start in life, so let us do the best we can for them by at least giving them confidence in their immigration status.
As we have already heard through freedom of information requests, the Children’s Society identified a sample of 404 children who have had their status confirmed through the scheme, out of an estimated 9,000. Of those, 282 were granted settled status and 122 were granted pre-settled status. Given everything that those kids have been through, let us not sign them up for more years of paperwork and burdens of proof by giving them pre-settled status. Let us take all that uncertainty off the table for them by adopting new clause 2 and giving them indefinite leave to remain, as was so articulately outlined by the hon. Gentleman.
I very much hope that the Minister is open to the concerns that have been raised during the passage of the Bill and will no doubt be raised again this afternoon, but we are minded to take new clauses 13, 14 and 15 further if we are not satisfied that the Government are taking steps to mitigate the impact of the Bill and deliver on the promises that they have already made, not least to our brilliant NHS care workers.
Mr David Davis (Haltemprice and Howden) (Con)
I will speak to new clauses 7 to 10, but before I do, may I add my support to new clauses 2 and 29 in the name of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton)? As an ex-Brexit Secretary, I see no reason whatever to wait on the negotiation in order to take his clauses forward.
Today there is no limit on the amount of time for which people can be held in immigration detention in the United Kingdom. We are the only country in Europe that takes this stance. At the end of 2019, the individual detained in a holding centre for the longest period had been held for 1,002 days. In earlier years those numbers were even worse. These people are detained without trial or due process, oversight or basic freedoms, and they are carrying the debilitating psychological burden of having no idea when they will be released.
This flies in the face of centuries of British justice. Its operation has been severely criticised by the chief inspector of prisons, the chief inspector of borders, the Select Committee on Home Affairs, the Joint Committee on Human Rights, the Law Society and the Bar Council—quite a bunch of radicals, I would say. As a result of this early criticism, the Home Office had to reduce the numbers in the system, for which it claimed credit in a briefing note issued this morning. This is an improvement towards bringing down the numbers, but is still nowhere near right. We need a 28-day limit on immigration detention, and that is the purpose of my new clauses.
The Government also claimed in that briefing note that 97% of the occupants of immigration holding centres are foreign national offenders. Well, that is technically true, since at the moment, under covid-19 emergency arrangements, we have temporarily put out into the community a significant majority of the people who were detained in holding centres, keeping in only the most serious cases. In fact, in normal times—to which we will presumably return when the covid-19 crisis is over—the average proportion of foreign national offenders who have been detained over five years is 22%. The figure is never more than 23% and is normally at 19% to 20%. That tells us that four out of five detainees in these centres have no criminal action against them whatever; they are innocent people.
Mr Andrew Mitchell (Sutton Coldfield) (Con)
I completely agree with what my right hon. Friend is saying. Not only is his point correct, but I have found out, as a result of tabling a question to the Home Secretary, that over the past five years the taxpayer has had to pay out in excess of £20 million to people who were unlawfully detained. Is he aware of that?
Mr Davis
My right hon. Friend makes a good point, to which I will return in a moment because it impinges on another claim made by the Home Office that is plainly not true.
We have established what these people are not—they are not all foreign national offenders—but we should understand what they are. I do not have time in the six minutes available to me to go through all of them, but I have in front of me case after case of people who have suffered human trafficking, torture, rape, forced prostitution and modern slavery—mostly before they got to these shores, but in some cases after they arrived here too. Many are damaged people to whom the world has dealt a very, very rough hand. And what do we do when they come here for our help? We lock them up for an indefinite period.
Tim Farron
The right hon. Gentleman will be unsurprised to hear that I fully agree with everything that he has said so far. Is he aware of the detailed research by the Jesuit Refugee Service that looks into the psychological condition of the very people he is talking about? The research finds that that psychological condition is influenced by even the shortest of stays in indefinite detention and discusses what that means for those people and their families for the rest of their lives. I am sure that he understands that the Government need to consider the mental health and psychological impact of this kind of inhumane treatment.
Mr Davis
The hon. Gentleman is right: any stay is damaging. If someone was psychologically damaged before they arrived, it is even more damaging. If they do not know how long they will be detained, it is even more damaging again. He may remember that we had huge battles in this House over 90 days’ detention without charge, with the great defeat of Blair. We are now talking about detention of three months, four months, five months and three years.
Mr Steve Baker (Wycombe) (Con)
My right hon. Friend is making an extremely compelling case, and I am proud to have signed his new clauses. Will he take this opportunity to put on record a view that I think he shares with me—that people who are serious offenders should be promptly deported, not living in the UK at taxpayer expense?
Mr Davis
My hon. Friend pre-empts the point that I am about to come to. A few are villains, and I would be the first to concede that, along with him. Predictably, as the Home Office always does when it has a weak case, it trotted out the gory details this morning—it listed 29 rapists, 52 violent offenders, 27 child sex offenders and 43 other sex offenders—designed, no doubt, to make our blood curdle.
That brings me to the other point of these new clauses. My question to the Minister, which I hope he will answer when he winds up the debate, is: when precisely did the Government start deportation proceedings on all those serious cases? Did they start the day that those people went into prison or sufficiently far in advance that those serious villains could go straight from prison to plane, with no stop at the detention centre? No, they did not, I am sure, but I would like to hear whether the Minister thinks they did the right thing on that.
The fact is that, to borrow a phrase from a former Home Secretary, the Home Office is not fit for purpose in managing deportations. Part of the point of these new clauses is to force the Home Office to get its act together, deal with the villains and stop punishing the innocent. That is why there is a six-month delay built into the new clauses—to give it time to get a grip.
I have one simple thing to say to the House. I have long been proud of our British justice system, but I am ashamed of what our incompetent deportation system does to people who arrived on our shores already badly damaged by human trafficking and modern slavery. It is time we put it right with new clauses 7, 8, 9 and 10.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
It is a pleasure to follow the right hon. Member for Haltemprice and Howden (Mr Davis). I am in the unusual position of agreeing with pretty much everything that has been said by all four speakers so far, which I do not get to say very often, particularly in relation to my hon. Friend the Member for Argyll and Bute (Brendan O’Hara).
We in the SNP believe that this is a bad Bill—bad for families and bad for businesses—that sells EU nationals short and extends the scope of the hostile environment. Meanwhile, we have seen the Home Office move from disinterest in specific solutions for devolved nations to disdain bordering sometimes on contempt. It has been made clear during the passage of the Bill that there is to be no remote areas pilot scheme, despite that being a recommendation of the Migration Advisory Committee and an earlier Home Office commitment. Our amendments give Parliament a last chance to remedy these defects, and we will support other amendments that seek to find a silver lining to this Bill, such as amendments on putting a time limit on immigration detention, protecting care leavers, and protecting family reunion rights.
Turning first to the issue of family, sadly, this Bill will destroy more families by extending the scope of some of the most anti-family migration rules on earth. The degree of complacency that there is in Parliament about the damage these rules do to families and children surprises me. Five years ago, just three years after the rules were introduced, England’s Children’s Commissioner estimated there were nearly 15,000 Skype families in the UK—kids separated from a parent overseas because of these ludicrous financial thresholds. These rules do not even take into account the prospective income of the persons applying to come into the country. The commissioner said at the time:
“Many of the children interviewed for this research suffer from stress and anxiety, affecting their well-being and development. It is also likely to have an impact on their educational attainment and outcomes because they have been separated from a parent, due to these inflexible rules which take little account of regional income levels or family support available.”
Amendment 33 puts a brake on extension of these rules and, as the commissioner recommended, starts putting the heart back into the policy.
A second group of families that are being put in an impossible position by this Bill are those formed by UK citizens living across the EEA who may in future want to come back here with their family. These are UK nationals who would have had no reason to doubt that if they had a family while abroad, they would have derived rights to return here with their family members to the UK without having to jump the impossible hurdles of the UK’s domestic family migration rules; they could not have predicted Brexit, and applying the UK family rules to them, denying many a right to return here with their family, would seem incredibly unfair.
To be fair to the Minister, he has acknowledged that there is an issue here and has provided a grace period until 2022, during which such families can return, but this is essentially just kicking the can a little bit further down the road. It still leaves many with horrible decisions to make: do they uproot their families now, just in case they do not qualify to return later on? None of these families could have predicted that they would be in this position, so why not remove the cut-off point altogether, as amendment 38 seeks to ensure?
Finally on the issue of family, we are 100% behind the cross-party amendment on family reunion. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) will say much more about that shortly, and we fully support what the hon. Member for East Worthing and Shoreham (Tim Loughton) has already said, but it is plain to see that, despite talking a good game, the Government’s proposals mean they are backsliding on earlier commitments made to the House; they mean fewer safe legal routes for children to get to family here, and that means more children risking dangerous, unsafe routes. The Government’s stance is a boon for traffickers and people smugglers and a disaster for children and families, and that is why we must support new clause 29.
This Bill is not just anti-family; it is anti-business. I have spoken enough at previous stages about the huge problems that salary and skills thresholds will cause when the new system is brought into force, but today I want to focus briefly on the problems that the Bill will cause even if a job qualifies for a visa under the tier 2 system. Our system will make it unbelievably difficult and expensive to bring workers in, and will make this country an eye-wateringly unattractive place for people to come to. Figures from the international immigration law firm Fragomen show that under the future immigration system a tier 2 worker who enters the UK to work for five years with a partner and three kids could potentially involve a total payment to the Home Office of £27,000 upfront from October, once costs such as sponsorship licence fees and the immigration health surcharge are included. That is over 12 times as much as the equivalent for Canada and over 17 times as much as Germany, and it is similarly uncompetitive for other family arrangements.
Of course, skilled workers from the EEA are able to work in any other EEA country without paying a penny and with no need for the stress and uncertainty of a visa application. So if there is a skilled and sought-after French worker, that person can go to Dublin without paying a penny, no questions asked, but to get to Belfast they will need to pay many thousands of pounds and endure a Home Office visa process. It is a perfect incentive for skilled workers to go elsewhere, and it is a perfect incentive for key employers to move their businesses elsewhere. That is why we have tabled new clause 17, so that the Government have to be upfront and open with Parliament about the costs they are imposing on businesses and unskilled workers.
It is also why we have introduced new clause 16, a first step to removing the ridiculous immigration health surcharge, which makes up most of these humungous fees—a nonsensical double poll tax on workers, which is set to increase to £624 per person per year, all of which needs to be paid upfront.
So this Bill risks making it very hard to attract European workers to come to the UK in future, but what of the EU workers who are already here and other EU nationals? Amendment 32 would ensure that all EU citizens who are already here have automatic rights to remain and physical proof of their status. We support new clause 2, which would put in place that same right for looked-after children. Assuming, with regret, that the Government are not about to do that, they need to tell us much more about how they will respond when we wake up on 1 July next year to find an extra few hundred thousand undocumented EU migrants, without rights and potentially subject to removal. What will the Home Office do when a 70-year-old French woman writes to say: “I had permanent residence under the old scheme. I didn’t think I needed to apply, but now the DVLA have refused my driving licence and they say I’m here illegally.” What is the Home Office going to do in such circumstances?
The Government say that they will be “reasonable”, but what exactly does that mean? In Committee, the Minister helpfully explained that he will publish guidance for caseworkers with a non-exhaustive list of examples in which late applications will be allowed. That would be welcome and useful, but the key point is that I want to see it—and I want to see it before we close the EU settlement scheme to applications. Parliament should know precisely how late applications are to be treated before it allows the scheme to close. That is what new clause 34 would ensure.
Two other new clauses seek to push the Government towards fairer treatment of EEA nationals. New clause 36 flags up a new problem relating to EEA nationals who seek to become UK citizens. In fairness to previous Home Office Ministers, when the settlement scheme was established, the Home Office did not insist, as it could have done, on proof of comprehensive sickness insurance in deciding who had been legitimately exercising free movement rights. For some reason known only to itself, the Home Office has now decided to insist on that when it comes to applications for citizenship. That seems an awful miserly approach to take, and I urge the Minister to revisit it.
New clause 21 flags up the issue of those EEA nationals who have a right in law to register as British citizens, and I am grateful for the cross-party support for the clause. We are talking not about adults who have made a proactive choice to come here but about children and young people who were born here or who have been here since they were young, whose parents have subsequently settled or who have lived the first 10 years of their life here. In short, they are children and young people who had no choice over the fact that this is their home country. In law they have just as much right to British citizenship as you, Madam Deputy Speaker, or me; the only difference is that they have to register. When Parliament passed the relevant careful laws, the fee for the process was set simply at the cost of processing, but it has now rocketed to over £1,000—just to access British citizenship. That is profiteering on the backs of children and it has to stop.
Finally, I turn to the issue of the devolved nations. The end of free movement will have drastic implications for Scotland, and if anything the challenges for Northern Ireland will be even more extreme. Home Office disinterest in any notion of a differentiated system has transformed into hostility. New clause 33, which has cross-party support, simply makes the modest proposal that, instead of its usual dismissive attitude, the Home Office looks seriously at the options for addressing issues in Scotland, Wales and Northern Ireland. With the Government refusing to look at any regional variation, some in Scotland had at least taken comfort from the MAC recommendation of a remote areas pilot scheme to encourage migration to areas that have a very small labour market. Originally, the Home Office accepted that recommendation, yet in Committee the Government said it had been abandoned. New clause 24 would restore that provision, and I certainly hope that MPs from all parties who represent constituencies with remote areas will insist that the Home Office thinks again.
It is clearer than ever that the only way we will have an immigration system that remotely reflects our needs and circumstances and fixes the injustices that it contains is if we design one ourselves but, given the Home Office intransigence, I have no problem making the case that control over migration will be a key advantage of independence.
Edward Timpson (Eddisbury) (Con)
There is no doubt that the Bill represents an important milestone in both the restructuring of the UK outside the European Union and the fulfilment of the promise that we made to, and that was endorsed by, the British people at the 2019 general election to end free movement. As an overarching policy, it is one that I endorse but, as with any wholesale reform to a national system—in this case immigration—there will be people caught up in the shifting sands created around them who, because of their own personal circumstances, will need specific understanding, attention and support to prevent them from being pushed to the very edges of society. Those people include, as we have heard, children in care and care leavers entitled to ongoing support. To that end, as a former Children’s Minister, I instinctively have sympathy for new clause 2, which proposes the provision of automatic settled status for all children in care and care leavers. In the short time available to me, I shall confine my remarks to new clause 2.
As we transition to a new legal framework for our immigration system, it is only right that, as my hon. Friend the Minister has said previously, we help to ensure that no one is left behind. As I understand it, new clause 2 is an attempt to put that principle into practice for children in care and care leavers, rather than leave it to chance.
Tim Loughton
As my hon. Friend and I have both done the same job, I think we appreciate the real problems that social workers and local authorities are having in identifying these children. Does he agree with me that part of the problem is that the Department for Education does not routinely collect data on the nationality of the children it looks after in the first place? Is it not essential that that is the very minimum that needs to happen if we are to identify all of those children who would be covered by this scheme?
Edward Timpson
I am grateful to my hon. Friend, and he is right. When one is trying to understand the consequences of the actions one takes as a Minister—as we heard in the statement earlier from the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk)—the enrichment of data can help us appreciate whether we are making good progress. In the independent school exclusions review that I carried out for the Government last year, a lot of my recommendations were about getting better data about the children in our systems, why they are there and how we can better track them, so that we know we are making good decisions on their behalf. I agree that that information would be relevant to the considerations under new clause 2.
It is important that we get this right. The corporate parenting principles that we legislated for in 2017 are designed for circumstances just like these. Please can we make sure that we live up to them?
Yvette Cooper
I support the points made by the hon. Member for Eddisbury (Edward Timpson) and new clause 2, which was tabled by the hon. Member for East Worthing and Shoreham (Tim Loughton), because we have a responsibility to ensure that children in care do not miss out on the European settlement scheme through no fault of their own, and that we do not end up with another Windrush generation because nobody was looking out for those young people and they missed out on their rights—just never got the right papers.
I will speak to new clauses 29, 30 and 32, as well as other new clauses that I support. New clause 29 seeks only to continue the UK’s current commitments to help child refugees. I welcome the work the Government have done to support Syrian families, to speed up the Dublin scheme and to support the Dubs scheme, as well as the recent flight from Greece. All of that work resulted from cross-party debates in this House that the Government rightly responded to. We should not turn the clock back now or rip up that progress.
Paul Blomfield (Sheffield Central) (Lab)
My right hon. Friend will know that the Government have talked about their
“proud record on supporting the most vulnerable children”.—[Official Report, 22 January 2020; Vol. 670, c. 318.]
Does she accept that there can be no children more vulnerable than those she is talking about, and that the Government simply must maintain this commitment?
Yvette Cooper
My hon. Friend is exactly right. We are talking about children and teenagers who are alone, with no one to care for them, but who have family here who could look after them.
The Government have said that we should instead rely on the draft text they have put forward in the transition negotiations. However, the Minister knows that the draft text represents a major downgrade in support and rights for lone child and teen refugees. All it does is allow EU member states to request the transfer of an asylum claim. There is no obligation on the UK even to consider it, never mind accept it. There are no objective criteria on which an application could be based, no appeal rights and no safeguarding timetables to make sure that a case does not drift endlessly, leaving a child in danger and in limbo, and the child with no family will no longer have legal rights.
Let us consider the case of a 14-year-old stuck in the awful Moria camp on Lesbos, whose older sister or aunt is living here and could care for them. If the Home Office loses, ignores or refuses the Greek request for a transfer to the UK to join family, there will be nothing the child, the family or anyone else can do. That is wrong.
The Government do not need to wait for the negotiations to be completed. We should just decide what we think is right. We have the ability to do that. Whatever other countries decide, we in Britain should continue our support for child and teen refugees who are alone and need support. Any Member of this House who has visited the camps in Greece or northern France will know how desperate, unsanitary and dangerous the conditions can be. No child should be abandoned alone in a dilapidated refugee camp or shelter when they have close relatives here who would welcome them with open arms, care for them, get them back into education and reclaim a future for them.
Some child and teen refugees have fled war or escaped being child soldiers. Many have been abused, sexually exploited or assaulted, and many have lost family members along the way. Without safe legal routes to sanctuary, they will be easy prey to trafficking and smuggler gangs, and we know quite how perilous that can be. Desperate young people have already lost their lives; we should not turn our backs on them now. We need to sustain those safe and legal routes. That is why I urge the Minister to support new clause 29.
New clause 30 is intended to ensure that the new immigration system helps rather than harms our economy and public services by calling for a proper assessment of its impact on social care, similar to that in new clause 1, which I support. The Migration Advisory Committee said in its report that these changes will “increase pressure on social care”, yet so far there has been no plan from the Government on how they are going to address that. Social care and those workers are far too important to be ignored. That is why, as well as supporting new clauses 13 to 15—tabled by my hon. Friend the Member for Halifax (Holly Lynch) on the Front Bench—about supporting the contribution made by many of those workers during the covid crisis, I also urge the Minister to accept the spirit behind one of the other clauses that we tabled which is not in scope today, but which urges the Government to extend the free visa extension to social care workers, as well as to the NHS, doctors and medics. Supporting doctors and nurses is right, but excluding the care workers who hold dying residents’ hands, the cleaners who scrub the door handles and the floors of the covid wards, or the porters who take patients to intensive care is just wrong. We should be supporting them as well.
I will also speak to new clause 32, which is about trying to make sure the system operates fairly, because by default, the Bill extends the hostile environment, even though the Windrush scandal has shown the damage that some of those measures can do. The housing provisions do not benefit the immigration system, but they do lead to discrimination for legal residents and British citizens, including discrimination based on the colour of their skin. That is why the Home Affairs Committee recommended a full review of the hostile environment and why Wendy Williams’ report has called for the same. Extending those hostile environment measures now, rather than accepting the recommendation of Wendy Williams’ report, is the wrong thing to do.
I also support new clauses 7 and 8 in the name of the right hon. Member for Haltemprice and Howden (Mr Davis). Again, those reflect recommendations of the cross-party Home Affairs Committee, because we have found that by not having a limit on detention and not having proper reviews and safeguards, too often, the system just drifts. Too often, people are just left in limbo because there are not proper safeguards to make sure things happen in time.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Will my right hon. Friend give way?
Yvette Cooper
I will not—I am conscious of time. The Government have a responsibility through this Bill to ensure that they build a system that can build consensus and cross-party support; that supports our economy and public services and does not undermine that; that recognises and rewards the huge contribution that people have made to this country, including and especially during the covid-19 crisis; that is fair and respects people; and that continues to support those who are most vulnerable, and particularly children and child refugees. The amendments that I and others have put forward are in that spirit of building a system that can provide consensus across the country. I urge the Minister to accept them.
Dehenna Davison (Bishop Auckland) (Con)
Having served on the Public Bill Committee and knowing how much my constituents across Bishop Auckland care about this important Bill, it is my pleasure to speak in support of it in this debate.
We must never lose sight of why we are having this debate and why it is so important: this Bill symbolises the trust that voters put in our nation to decide our own immigration rules and, in turn, the trust that they put in this place to get those rules right. The Bill marks the start of a journey that will provide the framework to allow doctors, scientists and engineers to come to this country, contribute and make it their home, whether they are from Austria or Australia, Italy or India. There are some who mourn the end of free movement and indeed some—mainly on the Opposition side of the House—who would keep it indefinitely, but rather than seeing the changes to free movement as the end of a chapter of our migration story, we should view this as the start of the story in which Britain opens its arms to the rest of the world.
Turning to the amendments from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis)—he is no longer in his place, but I have great respect for him and he has long been a proud champion of liberty—it is important that we look in detail at immigration detention and remember the reason why it is used. In moving into this new immigration system, we must remain robust and firm. We must have a level and fair immigration system, but one where those who fall foul and offend are dealt with and face sufficiently serious consequences.
Let us be clear: immigration detention is only ever used as a last resort. It is only used as an immediate precursor to removal from the country or where there is a serious risk of someone absconding or causing harm to the public. As with any system, there will be those who slip between the nets, and I would be grateful for the Minister’s reassurances that these people are being fully considered in this legislation. However, looking at the current immigration detention figures, we see that 97% of people currently in detention are foreign national offenders, who have committed some of the most serious, heinous, disgraceful crimes—crimes such as murder, rape and child abuse.
By implementing an arbitrary time limit on immigration detention, we could make it much more difficult for those offenders to be removed from our country. That is not good enough and it is not something my constituents in Bishop Auckland would accept.
Richard Fuller (North East Bedfordshire) (Con)
I am enjoying listening to a number of the arguments I have heard being put forward. On this issue of foreign offenders, is not the right answer to deal with their immigration status while they are in prison serving their term, rather than throwing them into a detention system because we have not worked out how to do that in the first place?
Dehenna Davison
One could certainly argue that; I would argue the opposite, but I thank my hon. Friend for his point. Let me give a tangible example. Had a 28-day limit been in place in December, it would have resulted in the immediate release of some foreign nationals who were awaiting deportation, including 29 rapists, 27 child sex offenders and 52 violent offenders, including a number of murderers, and more.
Stuart C. McDonald
The hon. Lady is doing a good job of regurgitating what the Government put out this morning—
Stuart C. McDonald
Well, it is, almost literally. All of these points can be rebutted. This series of amendments provides for a six-month process in which the Government could transition, so it is not an overnight thing. There would be six months for the Government to deal with foreign national offenders and to have them removed.
Dehenna Davison
The point I make is that these are some of the most serious offenders, and, as I said, my constituents would not accept something along those lines. Furthermore, when we look at statistics on current detention times, we see that for the majority those are very short, with 74% detained for less than 29 days. For those held for substantial time periods, there must be a compelling reason, such as public safety. For example, we have the example of a man who gang-raped a 16-year-old, has a history of absconding and has delayed his own removal with five unsuccessful judicial reviews. Lawful immigration detention is needed to keep the public safe, so I cannot support these amendments. My constituents want a fair immigration system but they also rightly expect that system to keep them safe.
Turning to new clause 2—
Dehenna Davison
I will not give way any further.
I praise my hon. Friends for their commitment to protecting children in care, particularly my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has long been a champion for children. Vulnerable children should always be in our minds when we make policy, and I echo the comments of my hon. Friend the Member for Eddisbury (Edward Timpson) on ensuring that nobody is left behind. However, I know that the Minister shares my concern that this proposal may inadvertently create a two-tier system. So rather than legislating in this manner, we should be strongly doing all we can to encourage local authorities to identify those vulnerable children and make sure that their EU settlement scheme applications are processed so that they have full and proper proof of their status and access to the documents for the rest of their lives, because we must never allow another situation such as Windrush to happen again.
On new clause 29, we have a proud history in this country of providing safe refuge, whether to the Kindertransport children or to Ugandan Asians fleeing Idi Amin. These are human stories and they should always be in our minds when we look at our policies today. The UK’s resettlement schemes have offered a safe route to the most vulnerable and given them a safe home on our shores. Unaccompanied children who are seeking international protection in an EU member state and have specified that family members are here in the UK should continue to be reunited with them, and I am glad that the Prime Minister has stressed the importance of that. The Government have approached the EU to offer a future reciprocal arrangement for the family reunion of unaccompanied asylum seeking children, and we know that a legal text was published in May to contribute to those negotiations. Getting a reciprocal arrangement is in the best interests of those vulnerable children and those families. We must not act unilaterally, as this amendment would have us do, as that would have a negative impact on the number of children who receive our help. Instead, we must work with the EU to form a joint agreement, and we in Parliament must allow time for these negotiations to play out, without binding the hands of our negotiators. We have seen what happens when Parliament tries to do that in past negotiations and we do not want to see a repeat of that.
This is an important Bill. It delivers on the referendum result and helps those of us on the Government Benches in particular, to repay the trust that the British people put in us in December. I vowed in December that I would do my utmost to represent the views of my constituents, whether in Bishop Auckland, Shildon, Barnard Castle or Spennymore, and that means backing this Bill and supporting a fair, robust immigration system that opens our arms to people across the world who have the talents and skills that our country needs to prosper.
Alexander Stafford (Rother Valley) (Con)
This Bill defines the type of country that Britain will be for decades to come and, more importantly, it reflects the type of country we want to be. My constituents and I care deeply about fixing our broken immigration system and replacing it with a regime that puts the United Kingdom first.
I wish to make it clear that the Bill has the support of my constituents. Rother Valley demanded an end to free movement: the Bill ends free movement. Rother Valley urged the Government to introduce a fairer points-based system for immigrants: the Bill does that. Rother Valley called for a transition to a high-wage, high-skill and high-productive economy: the Bill delivers that change while protecting our businesses and essential public services. We voted overwhelmingly for Brexit in Rother Valley. For too long, our voices were ignored on issues such as immigration. We watched our area decline from chronic underinvestment, which caused business closures, soaring unemployment and a lack of skills, training and education.
Meanwhile, Britain experienced an unlimited and uncontrolled influx of cheap labour from Europe. Thanks to the tyranny of the European Union, there was nothing we could do to manage our borders. A fundamental aspect of sovereignty was stripped from us and left us without a voice, but we have now found our voice. We took back control in 2016 and we are taking back control today with this very Bill, unamended.
In the wake of the coronavirus, we shall have a new immigration system in place that attracts the best and brightest from around the world, no matter where they come from—from Europe and beyond.
Christine Jardine
How would the hon. Gentleman react to the news that I had from my constituency that a professional couple who have lived here for 40 years—they were both born in France—and whose children were born here, who have contributed and brought skills to this country, are now thinking about leaving because of this sort of hostile environment that has been created by the Bill? Surely that goes against everything he has just said.
Alexander Stafford
I question whether the hon. Lady’s constituents are leaving because of this Bill, but I welcome everyone wherever they came from. In fact, my grandparents came to this country, and so I do not think the Bill is scaring anyone away. To say so once again underlines why the Bill is so important and the fact that those on the Opposition Benches do not get this country.
Crucially, this Government are ensuring that there will no longer be an automatic route for low-skilled foreign workers into the UK. We shall take immigrants as and when our economy needs them, but on our terms and not forced on us by bureaucrats in Brussels or by the real power brokers in Berlin.
Alexander Stafford
I have given way already, so I am not going to do so again. I will make some progress first.
We in Rother Valley are strong supporters of law and order. For that reason, I wish to address lawful immigration detention and highlight why it is necessary to keep the public safe. It has been suggested by some that we should impose a 28-day limit on immigration detention. I strongly reject that assertion, but I understand why hon. Members may suggest it. I also wish to remind the House that anyone wishing to leave immigration detention can do so at any time simply by leaving the country as they are legally obliged to. Nobody is forced to be in detention.
A 28-day limit would result in an immediate release of many foreign nationals who are criminals, as some of my hon. Friends have said. We want to emphasise that rapists, murderers and paedophiles could still be in this country under that system, and I for one—and the people of Rother Valley—do not want that.
Richard Fuller
I tried once, and I will try again with another Conservative colleague on this very question. We hear people trot out the stories that the Home Office has put forward about the people who are in detention and their heinous crimes. Does my hon. Friend agree that that is a job for the criminal justice system, not a job for the immigration detention system?
Alexander Stafford
I am glad for that intervention. I am not here to say whose job it is, but one thing I can say is that I do not want rapists or paedophiles over here. If they can be deported, let them be deported. Let them be detained. That is what I stand for: strong law and order.
Rather than imposing 28-day limits, we should ensure that the whole asylum and removal system works much faster and more efficiently. Currently, the legal process can take years with protracted appeals. I am pleased that the Government are considering reforms to ensure that genuine asylum claimants can claim asylum faster, that decisions are made more quickly, and that delays will be eliminated. That is the efficiency of a Conservative Government. This will benefit not only communities such as Rother Valley, but those who find themselves in the system. The changes mean that the numbers in immigration detention will drop. I am proud that this Government are taking real action on immigration after decades of mismanagement by Labour. We in Rother Valley and across South Yorkshire know more than most about the Labour party ignoring our wants and needs. We have taken note of the fact that Labour voted against ending free movement and taking back control of our borders, yet again dismissing the will of the British people. Labour voted against our immigration Bill on Second Reading and the Leader of the Opposition, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), has declared that he would bring back freedom of movement if he were ever to become Prime Minister.
Labour cannot be trusted with control of our borders and it has proved that time and again. This Bill marks a new beginning for Rother Valley and for the United Kingdom as we exit the EU transition period and bounce back from coronavirus. We must build back better, build back greener, and build back faster. A sensible robust immigration system that works for Britain plays a central role in this strategy and guarantees a bright new future for my constituency and for our country. This Bill, unamended, does that. We promised this in 2019 and we are delivering. We are a Government who deliver. We are taking back control of our borders while those on the Opposition Benches want open borders.
Mr Deputy Speaker (Mr Nigel Evans)
Order. The time limit is now five minutes and it is likely to be reduced further later on.
Alison McGovern (Wirral South) (Lab)
That was an interesting contribution from the hon. Member for Rother Valley (Alexander Stafford). If he is concerned about Labour’s policies and about “leaving our borders open” then heaven knows what he will make of his own Government’s policy and how they are dealing with what could potentially happen at the end of the year and with what is happening with Brexit. He should have a word with Ministers about the things that they will need to do because of the arrangements that have not been made for our borders.
Let me return now to the substantive points of this debate. It was important to hear the points of the hon. Member for East Worthing and Shoreham (Tim Loughton) and my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) who have pursued the issue of the rights of child and teenage refugees in this House with diligence, and I support them in their work. I also thought that my hon. Friend the Member for Halifax (Holly Lynch) on the Front Bench made an excellent contribution, and I support all the points she made.
I rise to speak to new clause 37, which is, shall we say, broadly drawn and asks for a report from the Secretary of State on the impact of the new immigration system on skills and the labour market and how changes made to the immigration rules for European economic area and Swiss nationals have affected skills shortages in the labour market. If this clause were to be put in the Bill, I expect that that report would be quite a long one, because the impact of Brexit and the new immigration system on our country will be extensive. However, I just want to make a few short comments about a particular industry that is likely to be badly affected, especially as that comes on top of the very serious impacts that it has suffered from covid-19—that is the creative industries. You know, Mr Deputy Speaker, how important those industries are to our country. In making these points, I am proud to draw the attention of the House to my entry in the Register of Members’ Financial Interests, because I could not be more honoured to have received the support of a great trade union, the Musicians’ Union.
The creative industries are currently in turmoil. They employ 3 million people. It is an underestimate to say that not all of those people are wealthy. I know that there are some very wealthy people in the creative industries, but the vast majority of them are not at all wealthy. They earn around the average income in this country.
Brexit is already a challenge for this industry. The creative industries face myriad issues—a panoply—from copyright to intellectual property protection and so on. As I said, covid-19, with the restrictions on their ability to do their jobs, is also having a radical impact. We must add to this Brexit and the end of the transition period coming down the line, because the ability to travel has a huge impact on creatives, whether it is touring or working in Europe more generally for those who work in the visual arts, in dance or in other areas.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn, Mr Dirprwy Lefarydd.
I rise to speak to new clause 11 in the name of my hon. Friend the Member for Arfon (Hywel Williams), and to support the amendments in the names of the right hon. Members for Haltemprice and Howden (Mr Davis) and for Normanton, Pontefract and Castleford (Yvette Cooper), and of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald).
Immigrants have always played an integral part in the vitality of our communities, but we have been told, of course, that covid-19 changes everything. That prompts the question: does it change how we handle immigration as much as it does our approach to health and the economy? There has been some interesting mention of the value of the high-skilled jobs that we will expect from this immigration policy, but it is worth taking a step back and considering how things have changed under covid. I understand that 70% of people believe that the crisis has shown the key role of immigrants in running our essential services—the essential services that we have been clapping on the streets for many Thursdays; I think there is another clap here on Sunday—while 64% of people say that they now value so-called low-skilled overseas workers. We are now looking at who provides our services, and how, in a different way.
Surely what we have here is a hostile, inhumane immigration environment, and that is exactly what we should be questioning. Does such an immigration policy reflect the sort of society that we hope to be after covid-19? Plaid Cymru’s proposal in new clause 11 challenges how this Bill presents a radical change in UK immigration policy without allowing a thorough debate about the details of its replacement or the implications—although, as can be seen from the nature of the amendments, there is much concern about those implications. Before we legislate, we should have a proper comprehension of the following: the impact of discriminatory “no recourse to public funds” conditions; the impact of NHS charging; the merits of removing all fees for visas and citizenship applications; and the merits of devolving powers over immigration to our nations, recognising the different needs of the different nations.
Finally—crucially, in the current context—our new clause calls on the Government to investigate the possibility of granting citizenship to all health and social care workers who have given so much during this crisis. A former Government did the right thing and granted citizenship to the Gurkhas. Health and social care immigrant workers have been fighting heroically on two fronts. They have fought on our behalf against the virus; they are now facing having to fight a hostile environment in the Government’s immigration policy. The new clause would be a means to right that wrong; it would reflect the public mood, and I beg the Government to consider adopting it.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
I support the Bill, which I believe will make our immigration system better, and fairer. Some hon. Members—today, and before today—have bemoaned the fact that the new points-based system will end freedom of movement. I heard the hon. Member for Argyll and Bute (Brendan O'Hara) say so earlier this afternoon. In fact, there was no such thing as freedom of movement; the concept was an illusion, a chimera, apart from for those who were fortunate enough to live on the continent of Europe.
I benefited from the system—my wife is from Sweden, and for a while I lived and worked in Belgium—but it is a bad system, an outdated model, a discriminatory model, a system that works for Europeans but against the rest of the world. It is unfair. It discriminates against people who want to come here—people whom we want to welcome, people who help us build, run and support our country, who add value to our communities, contribute to our national debate and bring talent, expertise and drive, but who struggle to get entry purely because they are not from Europe. I am glad that we seek to replace that system today.
To those who are already here from Europe in this country, that have made it your home, that have raised families, invested, worked, lived and contributed to our society , we must repeat and repeat that they will always be welcome here.
Andrew Bowie
I remind the hon. Member that the hostile environment was created by the previous Labour Government and had no effect on anybody who was coming into this country from the continent of Europe under freedom of movement in the first place. It is incredibly good news that more than 3.5 million applications to the EU settlement scheme have already gone through, and we can be very proud of that.
Christine Jardine
Does the hon. Gentleman feel that the Prime Minister should honour the pledge he made during the general election that all EU citizens here had no need to worry about settled status and would have guaranteed citizenship?
Andrew Bowie
What the Prime Minister sought to do during the election was to reassure anybody who was here and had come here under freedom of movement from the continent of Europe that they would always be welcome here. All hon. Members in this place should urge anyone they know who has not applied thus far for the settled status scheme to do so immediately, because they are welcome here and contribute hugely to our national debates and national life.
Douglas Ross (Moray) (Con)
My hon. Friend is making an excellent speech. On his point about encouraging people to apply for settled status, does he agree that it is absolutely wrong for senior elected SNP politicians in Scotland to be urging people not to apply for settled status?
Andrew Bowie
If that is indeed the case, it is shameful. They should be doing everything in their power, from the position of responsibility they hold, to help and support those in this country who may be unsure about their future status here. They should urge them to apply for settled status, so that they can remain, and contribute to our country as we move forward.
Stuart C. McDonald
The hon. Gentleman may rest assured that the Scottish Government are investing a lot of time and resources in encouraging people to take part in the EU settlement scheme. We have our differences on immigration, but will he join me in encouraging the Home Office to think again about having abandoned the remote areas pilot scheme, which would be of huge benefit to lots of constituencies around Scotland—such as his, I suspect?
Andrew Bowie
I share the hon. Gentleman’s views on that issue. In fact, I will come to the seasonal agricultural workers scheme briefly in my speech—if I get that far this afternoon.
In Scotland we have a problem—as I said in my speech on 11 February in this place, we are, as a country, simply not attracting enough people to live, work or invest. The Office for National Statistics estimates that Scotland attracted only 8% of immigrants to the United Kingdom between 2016 and 2018. That is fewer than the north-west of England, Yorkshire and Humber, the west midlands, the east of England, the south-east, London or the south-west. We now have a growing population in Scotland and we need it to continue to grow, but even with freedom of movement we are not attracting enough people to make up for what will soon become a declining population, with deaths already outnumbering births. In 2019, there were 7,000 more deaths than births in Scotland and the problem is even starker in rural communities, as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) was just saying.
In speaking to new clause 1 the hon. Member for Argyll and Bute was right to draw attention to the effects that the changes to our immigration system will have on the health and social care sector. Although I do not support new clause 1, I urge the Government here and the Government in Edinburgh to work together to find imaginative and creative solutions to the issue, and to work with all stakeholders to see what can be done through the UK-wide immigration system to support and continue to grow the Scottish population, particularly with regard to the health and social care sector on which we rely so much.
Before I move on, it would be remiss of me not to use the opportunity of a debate on immigration to talk about seasonal agricultural workers. I know that I am at risk of sounding like a broken record, as the Minister has heard representations from Scottish Members of Parliament on this issue a few times before, but the fact remains that Scottish agriculture relies on, and therefore simply needs, seasonal labour. A farm in my constituency saw a 15% shortage of seasonal labour last year, which led to an estimated loss of over 100 tonnes of produce. Although I welcome the quadrupling of the seasonal agricultural workers scheme from 2,500 to 10,000 workers—a very welcome first step in this direction of travel—the needs of Scottish agriculture for seasonal labour are, in fact, considerably higher.
Numerous amendments and new clauses have been tabled to the Bill, and no doubt they all have a good intention behind them: Members want to create an immigration system that is fair, humane and understandable. I say in particular to my hon. and right hon. Friends who tabled new clause 29 that although the intent is good, we must allow the negotiations with the European Union time to play out. We have presented an offer to the EU on the future reunion of unaccompanied asylum-seeking children, where it is in the child’s best interests. For the UK to act unilaterally now—as the amendments seek us to do—would undermine the negotiations and make it less likely that we would secure a reciprocal arrangement, which might mean that the number of children we could help would be reduced.
We in this country are rightly proud of the steps that we have taken over the years to provide shelter to refugees fleeing war and persecution from around the world. We have been a beacon of light to the poor and oppressed of the world for generations, and we continue to be that country. We are rightly proud that so many people across the world seek to call the United Kingdom—this country—their home, and I am proud that in moving the Bill forward today we will be taking one more step towards making our immigration system fairer, non-discriminatory and fit for the 21st century.
Bell Ribeiro-Addy (Streatham) (Lab)
I rise to speak against this Bill in general and for any new clause that seeks to end the hostile environment.
Ministers seem to create confusion about the contents of the Bill. If they speak in public, they claim that it will introduce a points-based immigration system, which is not true. In any event, it is doubtful whether primary legislation is needed for such a system. When Ministers speak it is clear that they have no intention of introducing a points-based system, but rather an income-based one. There will be some exemptions because Ministers have been forced to accept the fact that many nursing professionals will not meet their planned income threshold, yet at the same time Ministers seem blissfully unaware that social care workers earn nothing like the proposed salary thresholds—and nor do the cooks, cleaners, security guards, porters and many others who have seen us through this pandemic.
Many of these people were on subsistence wages even before years of real-term cuts by the Conservative-led Government from 2010 onwards. There have been huge shortages of all these workers. Ministerial plans—if not this Bill—will only make those staff shortages much worse in care homes, in the NHS and in many other sectors of the economy, both public and private. It is as if this entire public health crisis has passed Ministers by. A plan that will exacerbate the crisis in the NHS and social care is one of the last things that this country needs.
The Bill in its current form is a disaster, so I am pleased to support the new clauses that would impose a strict 28-day limit on immigration detention; end the immigration surcharge, which should be ended for all; reform deportation law and citizenship fees for those who are brought to the UK as young children; and ensure that our moral obligation to child refugees for family reunion remains a legal one. Such provisions would address the glaring issues of our immigration system.
There is a further issue that I want to raise. Last week, the Home Secretary astonished most of us when she said that she would implement the recommendations of the Windrush lessons learned review “in full”. The entire spirit and some parts of the letter of that review run completely counter to the whole thrust of this Government’s immigration policies. In essence, to right the injustices perpetrated on the Windrush victims and to prevent their reoccurrence, the Government’s hostile environment policies have to go in their entirety, full stop.
Steve Brine
The hon. Lady keeps referring to this hostile environment. Let me just quote for her. In May 2007, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), then the Labour Immigration Minister, stated in a consultation document put out by the Home Office:
“We are trying to create a much more hostile environment in this country if you are here illegally.”
Will she accept that and apologise to those of us on the Government Benches, please?
Bell Ribeiro-Addy
I will not apologise, but I will point out that the Conservative party has been in power for 10 years. To continuously blame various different Labour leaderships makes no sense. I have said it before and I will say it again: this is the second time in a decade that a Conservative Government have retrospectively changed the rights of migrants after they have entered this country. We saw the misery that the Immigration Act 2014 caused the Windrush generation. What does it say about us that we are bringing EU nationals under the same rules?
I turn to what is in the Bill and its real effects on workers here, whether they are from overseas or not. There is a real risk that the effect of the Bill will be to lower the rights of all migrant workers in this country and, in that way, lower rights and terms and conditions for all workers. Crucially, the right to residency will be dependent on employment status. There is no right to a family life enshrined in the Bill, and “no recourse to public funds” remains an explicit policy. The combination of those and other factors effectively creates another, lower tier of the workforce, with fewer rights and very limited means of enforcing even those.
That is dangerous enough to migrant workers, but it can also rebound on the entire workforce as unscrupulous employers play divide and rule. Our legislation on health and safety, on equal pay and on opposing discrimination is not enforced vigorously enough as it is. If a large section of the workforce can be treated as second class, the situation will get worse for everyone. Quite simply, the Bill is not fit for purpose as it stands.
Saqib Bhatti (Meriden) (Con)
I am pleased to speak on the Bill, not least because immigration is a topic that can invoke the strongest of emotions, yet it is imperative that we have an immigration system that works for us as a free and independent sovereign nation.
Immigration policy is not just a buzzword for me, nor is it an excuse to play identity politics; it is the reason I am here. I am the son of a man who came to this country from halfway across the world. He came here for a better life for his family. Indeed, to my father, having anything but a system over which we have control is, frankly, odd, and that is the reason many from south Asian communities voted to leave the European Union back in 2016.
My father’s desire to be in this country was nothing short of a desire to pursue what I often term the great British dream. I know at first hand that it is a love like no other, the love held for this country by the hopeful migrant who arrives here in pursuit of opportunities and freedom—the patriotism of the one who singles out this country as the place they want to call home; the one who comes to this country and chooses to be British.
The result in the European Union referendum in 2016 was a vote for control—for control over our laws, control over our spending and control over our borders. This was not about pulling up the drawbridge, as it is so often described by those who want to belittle the referendum result; it was a cry for a greater stake in the way our communities and our country move forward. It was a vote for migration, albeit migration on our terms: looking out to the world beyond our immediate neighbours and forging relationships with new countries and old friends. The Bill captures the true essence of that desire for an immigration system that works for us—an immigration system that allows us to be agile, and one that allows us to adapt to the economic needs of our country.
It is important to point out that the Bill enshrines the will of the British people—a will that has been expressed on a number of occasions over the past four years. Clearly, I am firmly of the view that immigration has been a success for this great nation, and the Bill acknowledges and celebrates that success by working to make sure that the system is even stronger.
We must have a system that works for Britain so that we can ensure that the best opportunities are available to everyone in this country. It is only with a thriving economy and a strong society that Britain will continue to be such a nation and such an appealing destination for those around the world who want to come here and start a new life.
Britain was built on generations of immigrants, from the post-war migrants who came here to help us rebuild after the devastation of war to the seasonal workers who come to the UK every year to contribute to our agricultural sector and support British farmers. What we can learn from this is that immigration is not a static concept; it is a dynamic one, and it must adapt to suit our domestic and economic needs. Just as other countries adopt systems that best support their needs, the UK can be no different.
The Bill paves the way for a new system that prioritises the most talented and highly skilled. Crucially, control over our own system will allow for an unwavering commitment to protect those who come into our country from the evil prey of traffickers and unethical working practices as we move away from cheap labour and unchecked movement. I know that the Bill does not provide for the details of our new points-based immigration system, but, given my background in business, I know that, to operate to its full potential, our new system will require a continuous dialogue between Government and industry. I ask the Minister to ensure that we have a reactive approach, with the needs of the national health service, business, academia, hospitality and many other sectors being listened to. Particularly in the case of business, the channels of communication must remain open, because it is only by listening to the business community that we will avoid a time lag between what business needs and what Government implement.
Contrary to the naysayers, I believe that our country is progressive and forward thinking. We need an immigration system that matches that—one that allows us to advance in research and development and further our technological innovation as we compete on the global stage, and one that emboldens us to lead the world in medicine, technology, film making, science and sport. Simply put, we must have an immigration system that attracts the best and brightest from across the world. As we venture into the world as a free, independent nation, we have to model ourselves on what we believe we can achieve.
While we are repealing freedom of movement, it is vital that we have the EU settlement scheme, to protect the rights and legal status of EU citizens who have made Britain their home. The contributions of EU migrants are extensive and undeniable, whether that is imported cuisines from the continent or the groundbreaking research we see in our universities. I welcome this legislation because I am excited by what lies ahead for our great nation. With greater control over migration, we will continue to attract the brightest and best while remaining a tolerant and welcoming society.
Nadia Whittome (Nottingham East) (Lab)
We must not forget that this Bill arrives before us today in the context of the Conservatives’ hostile environment—a hostile environment conjured as a pernicious smokescreen to blame migrants for the economic damage inflicted upon working-class communities by Tory austerity, predatory capitalism and years of neglect and lack of investment.
Nadia Whittome
I will not be taking any interventions; I need to make progress.
The hostile environment, from right-to-rent checks to the immigration health surcharge, is built upon the premise that migrants should be discouraged from coming to the UK. Not satisfied with the disaster of the Windrush scandal, this Government seem determined to press ahead with this unjust, discriminatory and poorly designed piece of legislation. The Home Secretary has yet to set out the details of what will come in place of freedom of movement. This Bill does not do that. Instead, it introduces multiple Henry VIII powers, which remove much needed scrutiny from our future immigration system.
I am afraid that the benefits of a points-based immigration system are a myth. Under such a system of employer sponsorship, workers are heavily restricted in their access to public funds, which puts many at risk of destitution. They are also less likely to join their colleagues in employment struggles for better terms and conditions. Migrants have been blamed for low wages, but it is not them who drive down employment standards—it is exploitative bosses who do, and it is this Government who allow them to do that. We have to make it clear that nobody’s rights should be linked to an employer. A person’s worth is not determined by their economic value.
Instead of removing EU citizens’ rights, the Government should have focused on making up the injustices that they have inflicted on the Windrush generation and other migrant communities. The Windrush compensation scheme is clearly not working. Does the Minister have anything to say to these families waiting in limbo?
This punitive, discriminatory piece of legislation is a slap in the face to the carers, cleaners, drivers and shop assistants who have risked their lives on the frontline to keep this country running throughout the pandemic, and who Members here have applauded every week. The scale of the Government’s hypocrisy is breathtaking—clapping for carers one day and downgrading their status in law the next. This Bill would class many vital jobs as low-skilled and prevent people from getting a new work visa or extension. That would include care workers—people like my colleagues who I worked with before becoming an MP and during the pandemic. The work may be low-paid and badly undervalued by those in power, but it is not low-skilled. Will the Minister, for the avoidance of doubt, clarify whether the Home Secretary still considers care workers to be low-skilled?
A recent report, “Detained and Dehumanised”, is based on interviews with people who experienced detention in UK centres. It was done before the pandemic. The report highlights a disturbing level of despair. One person said:
“I saw people cutting themselves, someone who tried to hang himself, someone who died in detention”.
Another said:
“The most awful thing was an uncertainty: Not knowing whether I will be released and what they’re going to do to me”.
As the right hon. Member for Haltemprice and Howden (Mr Davis) has said, this is a terrible, inhumane position to be in. Ultimately, nobody should be imprisoned because of where they were born, yet the UK is the only country in Europe that does not have a time limit on how long a person can be held in immigration detention. Twenty-eight days is absolutely the longest time allowed in any other context.
I urge the Government to do the right thing, even at this late hour. They should not block the many sensible amendments and new clauses. Carers, shop assistants and cleaners are risking their lives on the frontline looking after us. The least we can do for them is to use our votes today to look after them.
Richard Fuller
I am very glad that I sat in on this debate today to learn the origins of the hostile environment. We learned today that the author of the hostile environment was none other than the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), the Labour candidate to be Mayor of the West Midlands. That is right. He is the author of the hostile environment for immigration. We have learned that today.
The second reason I wanted to contribute today was to be able to say thank you to my right hon. Friend the Home Secretary for bringing forward the points-based system for immigration. Like her, I felt that the opportunity to bring forward an immigration system that did not discriminate based on the origins of where someone came from was one of the strong reasons to support Brexit in the referendum. I am pleased that she has confounded her critics by coming forward so quickly in this Parliament with a new Bill that does precisely that. She knows, and many Members here know, that many areas of the Home Office do not work well, and I am pleased she has started there. Now let us turn to some other areas.
I will turn to what I can only describe as a shameful briefing note on immigration detention put out by the Home Office earlier today. In that note, the Home Office claims that 97% of the people in immigration detention were foreign national offenders. Do they think we are stupid? Do they not think we understand that most of the people in immigration detention have been put out of the detention estate during covid-19?
The note goes on to describe in the most lurid details what may be the case about the backgrounds of individuals, forgetting all those other people who have been put through immigration detention who have perfectly legitimate cases to remain in this country and who may have been victims of communal rape or child trafficking. It is a shameful document that was put out by the Home Office today, and that is why I am very pleased to support the new clauses in the name of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that deal with 28 days as a limit on detention.
Tim Loughton
My hon. Friend gets it absolutely right about the misinformation that has been dispatched this morning. Is it not the case that a six-month grace period would be the result of the new clause? Those people would not be put out on the streets from the detention centre. The problem is that 63% of those in detention centres are released back into the community because the process has failed, and that includes serious sex offenders, rapists and other serious criminals, so it is happening now and not as a result of what the new clause would achieve.
Richard Fuller
My hon. Friend is absolutely right, particularly in stressing that the issue is not the people but the process: it is the process that does not work. An immigration detention estate is a manifestation of a completely failed process that fails the person coming to this country right from the start. We should not have an immigration detention estate; we should not have it at all. We only have it because of the accumulated errors of the Home Office going back well over a decade, as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said.
Claudia Webbe (Leicester East) (Lab)
I am afraid that this Bill fails on every conceivable measure of a humane and just immigration policy, and I am concerned that my constituents are particularly vulnerable to the predatory aspects of this legislation. Some 43% of Leicester East residents were born outside the UK, as opposed to 10% nationally, and our citizens hail from over 50 countries around the globe. This diversity is what makes our city special, yet with a two-week lockdown extension announced in my home city, this Bill fails to protect its most vulnerable citizens. To ensure that every Leicester resident can seek the medical help they need during this increase in coronavirus, it is vital for full citizenship rights to be extended to undocumented workers, those with no recourse to public funds and people with no indefinite leave to remain, yet the Bill fails to provide the necessary protections.
Under most visa categories, migrants who are legally in the UK working and paying tax cannot access publicly funded support. The Migration Observatory estimates that nearly 1.5 million people currently have no recourse to public funds, including those with children who were born in the UK. For people who already face uncommonly difficult challenges in their daily lives, this pandemic has only deepened fears over how to maintain an income, remain healthy or even stay alive. Citizens Advice has recorded a 110% increase in people seeking advice about having no recourse to public funds during the pandemic, and a recent report from the Children’s Society found that almost half of children whose parents were born abroad live in poverty. The Government must introduce an amnesty for all migrants, including residency rights, for the duration of this pandemic and end the callous policy of no recourse to public funds.
An estimated 1 million undocumented workers lack any entitlement to support from the state. Many of these people are destitute and living in the shadows, unable to access healthcare and fearful of what will happen to them if they identify themselves. In nearly all cases, undocumented people are not criminals but simply those who have fallen through the cracks of the Government’s callous hostile environment policies. For people forced to endure this level of insecurity, it is impossible to comply with Government guidance on self-isolation and social distancing. With the overwhelming rise in coronavirus cases in my constituency and with a rate of infection that is beyond acceptable, it is imperative and in the best interests of everyone in our country that the basic needs of all our residents are met, especially given the disproportionate impact of covid-19.
The tragic irony is that many undocumented people, or those with no recourse to public funds who are living in constant fear of the state, work in the frontline services that the Government have been at pains the praise during this crisis. We must ensure that all frontline workers, regardless of their immigration status, are valued and protected as we rebuild our economy and society. It is vital that we repay the extraordinary contribution of frontline workers during the pandemic with a permanent extension of migrant rights. That means an end to the hostile environment, shutting detention centres and granting indefinite leave to remain for anyone living in the UK. In Leicester, the coronavirus pandemic has caused widespread suffering for too many individuals and communities, with widespread job losses—
Mr Deputy Speaker (Mr Nigel Evans)
Order. I am sorry but we have to move on.
Paul Blomfield
There is clearly much to comment on in this Bill, but I rise specifically to speak in support of new clause 7 and to commend the right hon. Member for Haltemprice and Howden (Mr Davis) for the powerful case that he made in speaking to it. Back in 2014, I was pleased to serve as vice-chair of a cross-party inquiry into immigration detention. We included parliamentarians from both Houses and all the main parties, many with huge experience, including a former Law Lord and a former chief inspector of prisons. There were more Government Members than Opposition Members, including the hon. Member for North East Bedfordshire (Richard Fuller), who also spoke powerfully on this issue a few moments ago. I pay tribute to Sarah Teather, who chaired the inquiry and who now leads the Jesuit Refugee Service UK, as others have mentioned. After an eight-month inquiry, our recommendations included the limit on detention that is proposed in new clause 7. That was endorsed by the House of Commons in September 2014, so it is disappointing that we are still discussing the issue—but it is important that we are, because, contrary to some suggestions, it is not a particularly controversial proposal.
The truth is that we have become too dependent on detention, which takes place in immigration removal centres. The clue to the purpose of those centres is in the title. They are intended for short-term stays, but the Home Office has become increasingly reliant on them, under successive Governments. Home Office policy states that detention must be used sparingly, but the reality is different.
In our evidence we heard from many organisations, NGOs and so on, but, most powerfully, we heard from those in detention over a phone link. One young man from a disputed territory on the border between Nigeria and Cameroon told us that he was trafficked to Hungary as a 16-year-old, where he was beaten, raped and tortured. He managed to escape and eventually made his way to Heathrow, using a false passport, which was discovered on arrival, and he was detained. He told us that he had been in detention for three years. His detention conflicts with the stated aims of the Home Office in three respects—that those who have been trafficked should not be detained, that those who have been tortured should not be detained and that detention should be for the shortest possible period. His case is not the only one. There are more people like him than there are so-called foreign national offenders, which the Home Office briefers urged Members to refer to. Time and again, we were told that detention was worse than prison, because in prison you know when you are going to get out. One former detainee said:
“The uncertainty is hard to bear. Your life is in limbo. No one tells you anything about how long you will stay or if you are going to get deported.”
A medical expert told us that the sense of being in limbo, of hopelessness and despair is what leads to deteriorating mental health, and that
“those who were detained for over 30 days had significantly higher mental health problems”.
It is not simply the impact on detainees that demands change. A team leader from the prisons inspectorate told us that the lack of a time limit encourages poor case working, saying that,
“a quarter of the cases of prolonged detention that they looked at were a result of inefficient case-working.”
It has become too easy for the Home Office to use administrative detention, and that is what needs to be challenged. The Home Secretary talked about the culture change in the Home Office only a few days ago, in response to the Windrush review. Removing indefinite immigration detention would make a significant contribution to achieving that culture change, because with no time limits, it has simply become too easy for people to be detained, for too long, with no meaningful way of challenging that detention.
Our report gave a number of examples of alternatives to detention, which are being used by countries often held up as hard on immigration, such as Australia. We know that the Home Office is developing pilots on community-based alternatives, including one at Yarl’s Wood, which is a year in and is running well.
Richard Fuller
As the hon. Gentleman has raised the point about Yarl’s Wood, does that not show that with experimentation on alternatives, the Government can find ways to do what they want to do, but to do it better?
Paul Blomfield
I thank the hon. Gentleman for that intervention. He is absolutely right. It is not simply the case that alternatives to detention are more humane—they are more efficient, more effective and more cost-effective for the Government.
I understand that the Government are shortly to announce a second pilot, and that is to be welcomed— I would be glad to hear anything that the Minister would like to say on that—but the pilot we have already seen and the experience of other countries have already demonstrated the effectiveness of community-based alternatives. We need to move faster. The proposal to end indefinite administrative detention in new clause 7 would be more humane, less expensive and more effective in securing compliance. The time really has come for Members from both sides of the House to get behind the proposals in new clause 7.
James Sunderland (Bracknell) (Con)
I was pleased to contribute on Second Reading of this Bill, and I am pleased to be able to speak now, notwithstanding a sore throat.
In recent weeks, people have told me that the Bill is contentious, but it should be regarded as what it is, not as what others fear it to be. For a start, it allows our country to evolve in the post-Brexit era as we wish it to evolve, and allows us to decide who comes in. For too long, we have seen uncontrolled immigration and a failure to remove those who have accepted our hospitality but sought to do us harm. We have indeed seen lower rates of deportation. Inasmuch as we should be more in control of who arrives on our shores, we should equally be more robust about who leaves. If the process takes more than 28 days, then so be it. I am not therefore convinced by new clauses 3 to 11.
For those who come to the UK and are proud to live here, the opportunities are plentiful. Contrary to what many of our political opponents might think, this is the land of milk and honey for those who are prepared to work hard. Let us look at what is on offer. We will give everyone the same opportunities wherever they come from. Our points-based system will allow us to identify the skills we require. We will protect the rights of EU citizens, and we will protect the long-held rights of Irish citizens to live and work in the UK, so I am mindful of new clause 12.
People have told me that this Bill flies in the face of what has been achieved by so many during the pandemic, particularly in the NHS. Nobody here should need any reminder of the admiration and the awe with which the British people regard these heroes. The Government have rightly agreed to extend the visas of frontline NHS workers, so I am mindful of new clause 35. They have rightly introduced a new NHS visa, offering fast-track entry to the UK for qualified overseas doctors and nurses under more generous terms. The contribution of all public sector employees, public servants and low-paid staff is the stuff of legend, and we will always be grateful.
For the avoidance of doubt, immigration is a good thing, and we have built a proud nation on the back of our history, shared values and unrivalled diaspora. I have been honoured to serve alongside so many brilliant foreign and Commonwealth soldiers, but there is a problem here, too. Although this is not directly relevant to this Bill, I urge the Minister to take note. We have recruited many to join our armed services, but the House will know that a small number have slipped through the net by not applying for indefinite leave to remain when they would otherwise have been entitled to do so. Given that some now face particular difficulties in not being British citizens, including crippling NHS bills, I believe it is now time to offer an amnesty to the entitled few who have proudly worn the uniform and borne arms but not become naturalised. Once we have done this, we should then review the crippling visa fees, which remain beyond the reach of most servicemen and women and their young families.
Let us disincentivise those who come here via illegal means, remove those who commit serious crime and place the ruthless people traffickers behind bars, but the quid pro quo is to provide those whom we willingly invite to serve in our armed forces with the security they deserve. It is time that we did the right thing for all of our Commonwealth veterans and fully recognise the sacrifices that they too have made for our great nation.
As for the future of this Bill, I expect it to become law, but inasmuch as it promises a points-based immigration system that mirrors those of other countries in the free world, we need to be careful that it does not become a blunt instrument. The legislation must therefore be flexible and agile enough to respond to the employment market at any given time, particularly in terms of the skills being offered. There will be a need for seasonal labour, and we must be able to attract all those that we need when we need them.
To conclude, as contentious as the Bill might be to some, it is what many have requested for the past four decades, and it is what the Conservative Government have promised. We must also do more to reunite children under the vulnerable children’s scheme, and we therefore need an enduring scheme to be in place by 1 January next year. I am therefore sympathetic towards new clause 29. To be worthy of its pre-eminence, the UK must take back control of its borders.
Catherine West (Hornsey and Wood Green) (Lab)
I concur with the point made by the hon. Member for Bracknell (James Sunderland) about armed servicemen and women from the Commonwealth. I hope that the Minister will bear that in mind when the next immigration Bill is introduced, because there are some egregious cases that desperately need to be looked at fairly.
We will not vote for the Bill tonight, mainly because it seems to have been written before the covid crisis. It seems to ignore the fact that we need a new approach to immigration based on solidarity, decent jobs, employment protections and quality public services for all, with all EU citizens guaranteed the right to remain in the UK. Anybody who has been watching “Sitting in Limbo” and following the fantastic work done by the journalist Amelia Gentleman on Windrush will know that it is these sorts of debates that sometimes end up creating systems that cause huge problems for hard-working families.
I wish to speak briefly to some of the amendments and new clauses. First, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has tabled a proposal that emphasises the need for a plan for and provision in the crucial area of social care. We are nowhere near through this pandemic and we desperately need to encourage those working day in, day out in the care sector. Those watching this, perhaps in the course of their duties today, may well feel a bit down and depressed that we are not backing them a little more with this Bill.
Secondly, I wish to talk briefly to the question of care leavers, as addressed by new clause 2. Care leavers face numerous levels of disadvantage. Anyone who has worked in a local authority context will be aware of just how many placements the average child in care goes through. Many children go from home to home, from foster carer to foster carer, into residential care and out again, and into their own flat. Throughout that journey they often lose documents and the phone numbers of their legal advisers. Changes to legal aid mean that they can no longer access legal aid. We then have a very disadvantaged and needy 17-year-old who desperately needs immigration advice when they are about to turn 18. Such are the realities of children’s lives in care. We are talking about a tiny number of individuals. It is the sort of clause that we should all be voting for so that a very small number of people are not left out of the system.
Thirdly, I call new clause 29 the Dubs clause. So many Members from all parties have spoken in favour of it, particularly the hon. Member for North East Bedfordshire (Richard Fuller), who has Yarl’s Wood detention centre in his constituency. Many children are desperate to join family members here in the UK. Many other immigration systems in developed countries have positive family reunion programmes that are quick, that include a system in which people do not have to go in and out of the rules and write to MPs and everything, and that are clear and provide for children who have been torn from their families, mainly by conflict, so that they can get that reunification.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Does the hon. Member agree that one of the big challenges for local authorities in making offers has been that in so many cases young people brought to the UK for family reunion find that the family member simply cannot take care of them? Does she welcome the fact that the Government have, at long last, announced a very substantial increase in the funding rate for local authorities that are caring for those young people as they go in adulthood? That will go some way to assisting the issue, about which many Members have talked today, of ensuring adequate provision for care leavers who have arrived in this country as unaccompanied minors or through family reunion, which can rapidly make them unaccompanied because their family member cannot care for them.
Catherine West
Indeed. The hon. Member and I may, I think, previously have been on joint, cross-party delegations to Ministers in respect of several subjects in the course of our local government work. It is important that the Government recognise the important specialist work that local authorities do, and the costs involved in having extra social workers, foster carers and so on, so that young people are properly supported in that process. I welcome any additional funding for local authorities to discharge that important duty.
Finally, I want to talk briefly about my experience a couple of years ago of visiting Brook House detention centre—in the constituency, I believe, of the hon. Member for Crawley (Henry Smith)—on the back of the report in 2014 that my hon. Friend the Member for Sheffield Central (Paul Blomfield) mentioned. He and other Members visited and did an extensive piece of work on indefinite detention and concluded on a cross-party basis that future legislation, such as this Bill, which is a wonderful opportunity, should introduce a 28-day limit, like every other European country has, on detention in immigration facilities.
We are not talking about the 300,000-plus people who arrive in the UK every year. We are talking about a tiny proportion of total immigration—very small numbers each year. I visited with the Gatwick Detainees Welfare Group, a volunteer group that visits facilities to provide friendship, second-hand clothing, mobile phones, and so on, to very vulnerable prisoners. These detainees are the only detainees in the whole country who go into detention and count up. Most prisoners count down from, say, one year—364, 363, 362, and so on. These individuals in immigration detention go in and potentially get lost in the system.
If any Member has ever had a case with the Home Office, they will know that the Home Office can make mistakes—[Interruption.] I see smiles. We could do something practical tonight and vote for this amendment, which has lots of cross-party support, and ensure a just outcome for this tiny number of people in immigration detention.
Mr Steve Baker
I rise to speak to new clauses 7 through 10, tabled in the name of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). I am proud, as I said earlier, to have put my name on those amendments with him, and I pay tribute to the superb speech he made earlier. I have heard him make many compelling speeches, but I would say to the Front Bench that his speech earlier was probably his most compelling yet and I agreed with all of it.
I signed the amendments because I want a humane and just immigration system, and of course one of the principles of justice is that we treat people equally. I am very happy to say that as we leave the EU my right hon. and hon. Friends are working towards an immigration system that treats people much more equally, and I am delighted because of course it is the sort of pledge I have been making to my very diverse community in Wycombe. I am delighted and wish Ministers well as they deliver it.
I want to turn to a particular point though. In talking about foreign national offenders, my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Rother Valley (Alexander Stafford) said that constituents would not want these people loose in the UK. I am quite certain that the constituents of Wycombe do not want these people in the UK, but I say to my right hon. and hon. Friends and the whole House that we do not in the United Kingdom imprison people indefinitely on suspicion that they might reoffend.
Indeed, in 2003, Labour introduced a system of imprisonment for public protection, very much along those lines, and a Conservative Government repealed that system of IPP. I hope that my hon. Friends will not mind my saying that I feel a bit long in the tooth for remembering that we repealed that system. We did that because it was right to do so. I want to treat persons from outside the United Kingdom as morally, legally and politically equally as we properly treat people in the United Kingdom, and that means it is not right to detain people indefinitely on suspicion.
Of course, I do not think it is right either that we should be keeping serious offenders in the UK and paying for their upkeep. We should certainly be reforming the system so that such people are promptly deported, which the Home Office insists requires indefinite detention. I agree again with my right hon. Friend the Member for Haltemprice and Howden that were the new clauses to pass it would put pressure on the Department to ensure that people are promptly removed.
I want to put on the record exactly what the Home Affairs Select Committee said about indefinite detention:
“lengthy detention is unnecessary, inhumane and causes harm”.
It also recommended bringing
“an end to indefinite immigration detention and implementing a maximum 28-day time limit.”
I am absolutely in favour of doing that in combination with seeing to it that we can remove foreign national offenders.
I possibly have not got time, but I want to cover a couple of other points.
Mr David Davis
My hon. Friend and I have fought together on other battles, not least Brexit, with one thing being that we viewed Britain as rather distinctive. Does he, as I do, see it as shameful that the one thing we are distinctive on in this case is that we are the only country in Europe that allows the indefinite detention of people in our country?
Mr Baker
I am grateful to my right hon. Friend for that, and I certainly share his sentiment, but, for reasons that I am going to come on to in a moment, I am going to try to avoid any words of condemnation. I wish to thank Detention Action for providing a helpful briefing, which points out that the claim that trafficking victims, with whom it works, are rarely detained beyond 28 days is “not true”. It has given us a number of accounts, but I am sorry to say I do not have time to read all of them into the record. However, it states:
“J had to leave her country of origin because her partner, who held a senior position in the army, was abducted and she was raped by the people who abducted him. When she tried…to leave her country, she ended up being trafficked”.
The story goes on and on. Such a person ought to be helped. We have a real problem with people who have been trafficked all too often ending up with criminal offences; we end up prosecuting, whereas they are people for whom we should have compassion. I do not doubt that these cases raise extremely delicate and tricky issues of evidence and justice, because, of course, some people will plead falsely that they have an excuse under a trafficking law, but we really do have to rise to the challenge of looking after people such as J, and indeed A and P, whose stories are in this briefing.
On this point about the availability of bail meaning that people are not detained for longer than they should be, let me say that that is not correct. I understand that £8 million was paid out in unlawful detention cases in 2019, and that judges have wide discretion—indeed, my right hon. Friend’s new clauses try to reduce that discretion. Bail decisions can be made on the basis of very limited evidence, and first tier tribunal judges in bail hearings do not have jurisdiction to decide the lawfulness of detention, only the High Court can do that. On and on the evidence goes, but I do not have time to put it all on the record.
What do I really want to say to the Minister? I want to praise him and officials, because I recognise, after 10 years of representing Wycombe, diverse as it is, that dealing with immigration is an extremely delicate, difficult and tricky job, characterised by very high volumes of often heartbreaking case work. I want to pay tribute to officials and I do not want us to be in an environment of condemnation, where people who are working hard and doing their best, with high levels of skill, end up with so much incoming fire. I do, however, want to say to the Minister that I could have stood here for another 20 minutes going through cases of injustice and setting out areas where there is opportunity for reform.
As a former Brexit Minister responsible for legislation, I recognise that this is an EU withdrawal Bill and its scope is:
“To make provision to end rights to free movement of persons under retained EU law”
and so on. Listening to the debate, it seems that we have perhaps forgotten that this is the Report stage of such a Bill. I understand the scope of the Bill and that this is not the end of the journey on immigration, but I say as gently as possible to the Minister that when he comes to the Dispatch Box I am hoping that he will set out something of where the Government intend, in the round, to get to on these issues of justice in the migration system and, in particular, on the principle of indefinite detention. It is right, morally, that we should treat people equally, wherever they come from, whether they are UK citizens or not. With that in mind, we really should be working towards ending indefinite detention, and we should certainly make progress on all those other areas on which I can and will provide details to the Minister. I hope we can do that without an endless series of urgent questions and Adjournment debates.
Christine Jardine
I wish to speak to new clauses 26 and 28, and to support new clauses 1, 7 to 10, 13 and 29. I believe this Bill is hugely flawed and potentially damaging because of the atmosphere it will create and the way in which it will undermine people who make a valuable contribution to our economy. If we accepted the jigsaw of amendments, we could turn the Bill on its head and it could become a positive and welcoming piece of legislation, which would value people who come to this country and make a contribution. It would welcome children, reunite them with their families and send a positive message to the rest of the world.
New clause 26 would remove the right-to-rent charges, which the High Court ruled in March 2019 caused landlords to discriminate on the basis of ethnicity when demanding proof from proposed tenants, and therefore breached their fundamental human rights. I would think that a right-thinking Government would want it in the Bill, to protect those human rights.
New clause 28 is about the sharing of data between public bodies such as police, the national health service and schools with the Home Office for immigration enforcement purposes. That is a fundamental pillar of the hostile environment that has appalling implications for those it affects, and often prevents victims and witnesses of crimes from coming forward for fear of being detained or deported.
As I say, those two new clauses could fit with the jigsaw of amendments placed before Parliament today, and fundamentally change not just the Bill but the atmosphere it creates and how it treats those who come to this country in search of a new life, including those whom we have for the past three months gone out many Thursdays and applauded for the contribution they make to our national health service and social care—the contribution they have made by putting their lives on the line for us. Instead of demanding a surcharge from them to work in that service, we should offer them indefinite right to remain in this country.
By making these changes, we would move away from the hostile environment, which I learned the origins of today, and I have to say that I am not as concerned about those as Conservative Members are. I am concerned about the impact it has had and continues to have on this country. I therefore ask the Minister and the Government to seriously consider these amendments, which would send out a message that we value people for who they are and the skills they bring to this country, and not just the monetary value of what they earn. We could do away with the NHS surcharge and allow those who have contributed to remain in this country and feel valued. We could create a system that reunites lonely, vulnerable, displaced children with their loved ones and gives them an opportunity to have a fine life, a good life in this country. We could say that we recognise that it is inhuman to keep people in detention for more than 28 days, and we could give asylum seekers the right to work, to contribute, to bring their skills to the table and help build and enhance our society and our economy, rather than denigrate them, rob them of their dignity and see, as a result, the sort of tragedy we witnessed in Glasgow last week.
We could send a message that we want to welcome people, that we will value them, and treat them humanely and with compassion. That is the country I have always understood us to be. An hon. Member said earlier that some of us on the Opposition Benches just do not get this country. I would contend that it is those of us on these Benches who do get this country, who get the people in this country and who get what they want to offer the people who come here to make a contribution and who have helped to make this country what it is.
Mr Mitchell
I have listened carefully to what has been said by Opposition Members, and I am not persuaded that the Bill is anything other than a good piece of legislation on the whole. The question for the House this afternoon is whether it could be improved, and that is why I put my name to the amendments and new clauses tabled by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and by the Chair of the Home Affairs Committee. I will listen carefully to what the Minister says, but he should remember that the Bill has a long journey still ahead of it down to the other end of the Palace, where undoubtedly some of these issues will be prominent in the minds of their lordships.
Like the hon. Member for Hornsey and Wood Green (Catherine West) I had the opportunity, courtesy of the Home Office, to visit Brook House. I went there following the “Panorama” programme, which led us to believe that the conditions were inhumane. Actually, I thought the conditions were both humane and decent.
I will come directly to the point I wish to make about the proposal for a 28-day limit. The problem is that the best regime in the world cannot ameliorate the fundamental injustice of a system that arbitrarily imprisons people without time limit, solely for administrative reasons. This is a matter not of criminal justice, but of the administration of our immigration rules—the distinction is important.
Many people in immigration removal centres have never been charged with any crime, while some have previously been in prison following conviction for a criminal offence, but have served their time. All are detained purely and simply because they are liable for removal. Some go on to be removed, but more than half are released at an arbitrary later date and are able to remain in the United Kingdom either temporarily or permanently. As other Members have said, we remain the only country in Europe to detain people indefinitely for the purposes of immigration enforcement.
If individuals have no right to remain here, our priority should be to strongly encourage other countries to accept the return of their citizens. That is something the coalition Government spent a lot of time trying to do from 2010 to 2015. Indeed, we should negotiate such deals and procedures as an urgent necessity. In this way, individuals are no longer left in limbo in immigration detention.
The proposal for a 28-day limit applies only to the use of arbitrary indefinite administrative detention. Convicted criminals will serve their sentences and then face removal if they have no right to remain. If the crime is particularly serious and the prisoner presents a risk to public safety, it will be for a criminal parole board to carry out a risk assessment and decide when and if they can be released. In those extreme cases, we should surely expect the immigration service to have removal arrangements in place to coincide with the release date.
The proposal is not a seismic change, but it would save the country the more than £500 a week per person that is currently spent on detention. That is a significant saving, since 27,331 people entered detention in 2017 alone. In addition, I was surprised to discover, as I indicated to my right hon. Friend the Member for Haltemprice and Howden, that over the past five years, £21 million has been paid out in damages for unlawful detention. That figure came from a recent Home Office question. That figure could be vastly reduced, if not eradicated, if a 28-day time limit were in place.
Mr Steve Baker
Of necessity, the amendments that have been selected apply only to EEA and Swiss nationals. Will my right hon. Friend join me in saying to Ministers that we would like the Government to adopt this proposal, but for everyone?
Mr Mitchell
My hon. Friend makes an extremely reasonable point. I am sure that the Minister, who will have listened to the reasonable points that have been made on both sides of the House, but particularly on his own side, will take it on board.
The absence of a time limit does nothing to promote speed and efficiency in the administration of justice by the immigration service. I believe that the introduction of one would improve working practices, as well as creating a more humane system of immigration control.
Mr Deputy Speaker (Mr Nigel Evans)
There are eight people on the call list and we have just over half an hour. If everybody sticks to four minutes, even if they take an intervention, we will get everybody in. Help your colleagues, please.
Stephen Farry (North Down) (Alliance)
I want primarily to address new clause 12, which appears in my name and the names of other hon. Members, but I will first make a couple of other points. I agree with the many Members on both sides of the House who have spoken in opposition to the hostile environment. To those who are, in a sense, celebrating the end of freedom of movement, I stress that it has worked both ways. It has also provided opportunities for UK citizens inside the European Union, which we are now walking away from.
I want to make a few detailed comments on new clause 33, of which I am a co-sponsor. The ending of freedom of movement in relation to Northern Ireland brings some potential distortions, above and beyond the challenges facing the UK economy and society overall. Northern Ireland exists in both a UK-wide and all-Ireland context. Under the Ireland/Northern Ireland protocol, we stay in the single market with respect to goods, but the four fundamental freedoms are interconnected. That includes the freedom of movement and the ability to engage services. The protocol makes reference to the wider context of north-south co-operation. That will create some degree of difficulty, particularly for EEA nationals who are engaged in enterprises that operate on both sides of the border in Ireland. We run the risk of seeing industries that depend heavily upon labour from elsewhere in Europe not being competitive any longer and moving out of Northern Ireland, southwards into the Republic of Ireland.
Gary Sambrook (Birmingham, Northfield) (Con)
I was pleased to serve on the Bill Committee, which was my first in this place. It was a whole five days of my life that I will never get back, but it was very enjoyable and informative. I particularly enjoyed the submissions from the Migration Advisory Committee, the Federation of Small Businesses and No5 Chambers, a Birmingham law firm. It was good to see a Birmingham firm down here contributing to our national debate. I cannot say that I agreed with most of what it said, but it was good that it was contributing.
A number of Government Members, including my hon. Friends the Members for North East Bedfordshire (Richard Fuller) and for Winchester (Steve Brine), have mentioned the real genesis of the hostile environment. They named him, but he is actually a Member of this place—the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), who was also the architect of austerity, because we all remember the little note he left behind as Chief Secretary to the Treasury. He still sits on the Labour Benches. Labour MP after Labour MP stand up and complain about the hostile environment and austerity, but sat among them is the architect of austerity and the hostile environment. That is the sort of double standards that I do not want to see representing the west midlands in the mayoral election next year.
The ending of free movement of labour is a key cornerstone of the manifesto that I stood on in December and something that I am keen to get into legislation as quickly as possible. People have been calling for this for many years and many a politician have ignored their wishes. Included in this points-based system are things such as having a job offer or a sponsor before coming here, or being able to speak English sufficiently well, or meeting tougher criminality checks. Those are the sorts of things that people have been calling for and I am pleased that I am supporting those measures in this Bill tonight.
On the issue of immigration detention, I say to my colleagues that I hear their concerns, but I am convinced that immigration detention is used as a last resort. It is an absolutely necessary tool to ensure that we keep people safe on the streets of our country.
As my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Rother Valley (Alexander Stafford) mentioned, the list of people who would possibly have been released early had we put in place a 28-day limit would have made it hard for me to look any of my electors in the eye. I would not have been able to say that I had allowed those people on the streets early when I was out door-knocking. It is not as if those people are just banged up and forgotten about; they have rights. If they think their immigration detention is unfair, they can apply to a judge, and their case is often heard within a matter of days. Anyone wishing to leave immigration detention can do so at any time by simply leaving the country. I agree that, in general, the whole asylum and removal system needs to work much faster, but we also need to have a tough and robust system in place.
Many Opposition Members would have us believe that, if we did not have EU migration, the social care sector and the NHS would fall apart overnight, but as we heard in the evidence sessions from Brian Bell from the MAC, only 5% of the social care sector comes from EU migration. The hon. Member for Hornsey and Wood Green (Catherine West) said that she thought the Bill had been written before the covid crisis. I can tell her that, a couple of weeks ago, during the crisis, the latest claimant count from my constituency was 10.2%. Is she and many other Labour Members—
Wendy Chamberlain (North East Fife) (LD)
I speak in support of new clause 38, tabled by my hon. Friend the Member for Edinburgh West (Christine Jardine), and new clause 36, tabled by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), both of which I have signed.
The largest employer in my constituency is the University of St Andrews. I visited there back in February as part of the Royal Society’s parliamentary pairing scheme. I enjoyed seeing the amazing work that is being undertaken by researchers from across the EU and beyond and supported by EU funding. Their status and the funding that supports their ground-breaking work are both at risk. As of May 2020, more than 9,000 EU nationals in Fife have applied for settled status, yet nearly 4,000 are either still waiting for a final decision or have only been granted pre-settled status. I am not convinced that the Home Office will be properly able to manage the settled status applications of my constituents and the 3 million other EU citizens living in this country. Providing no certainty is no way to treat them. A British Futures report estimates that the difficulties in navigating the application system and the lack of awareness of the process will result in 175,000 EU citizens living in the UK with an insecure immigration status or no status at all. We risk the denial of legal rights of jobs, homes and medical care to EU nationals who are entitled to them but cannot prove it, and that is not right. That is why I speak in favour of new clause 38, which would ensure that all EU citizens have settled status and require the Government to make available physical proof of that status.
A particular concern has been raised with me by constituents relating to comprehensive sickness insurance and I thank Fife4europe for its representations to me in this regard. CSI was not a requirement for settled status until Government policy appeared to change on 15 May this year. EU citizens who are students or classed as self-sufficient do now need it. That is unjust. There was no CSI requirement for a number of years, and many of my constituents who are EU citizens are understandably concerned. There are some urgent questions for the Government to answer. Why has the requirement been introduced at this time? What are the reasons for it? What steps are the Secretary of State and the Minister taking to ensure that EU nationals are aware of this new requirement? Will it be applied retrospectively? What does it mean for applications currently being considered? I ask the Minister to provide clarity on this issue.
There has been little communication, zero justification and the cloud of uncertainty over EU citizens is growing. My constituents are concerned that the retrospective application of the CSI requirement could be used to prevent people from attaining settled status and prevent those who do have settled status from gaining citizenship. The fact that EU citizens in my constituency are worried about this indicates the total lack of trust and communication between the Government and these individuals, who have been left frustrated and concerned by intolerable delays. Therefore, I urge Members to support new clause 36 in the name of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, which would ensure that not having CSI could not be used to disqualify an EU citizen with settled status from citizenship
Finally, I would like briefly to address the role for workers in our agricultural sector. I welcome new clause 37, tabled by the Leader of the Opposition, which would require the Government to publish data on where skill shortages are in our economy. If we do not have the data, we will not be able properly to assess our agricultural needs. Farms in my constituency have access to the seasonal workers pilot scheme, but it is clear that we need a lot more people to be able to come here to work under the scheme. The figure of 10,000 was almost plucked from thin air. It was clearly never going to be sufficient.
Obviously there are challenges this year in relation to covid, but farmers are being told that they need almost to go back in time in how they harvest their crops, and that is simply not sustainable. I commend the local workers who are working on our farms—some during furlough—but we should note that fruit picking is no longer some part-time hobby occupation. These are operations with multiple complex supply chains that cannot operate on a hand-to-mouth basis while waiting to hear what crumbs the Government are going to provide to augment the workforce. I must also mention that many of the workers who come from abroad also train other people. The Government simply have to do more in this regard.
Mr Richard Holden (North West Durham) (Con)
I was delighted to sit on the Bill Committee with my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Birmingham, Northfield (Gary Sambrook), who have spoken in this debate. It is always interesting to get that extra Birmingham-west midlands angle, particularly in relation to the previous comments by the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) about the hostile environment.
As my hon. Friend the Member for Meriden (Saqib Bhatti)—another west midlands Member—said, this Bill paves the way for a new system that values people on what they can contribute to the UK, rather than where they are from. That is the fundamental underpinning of what we are doing today. I associate myself with the comments made by my hon. Friend the Member for Bracknell (James Sunderland), who said that those who have served our country deserve to be treated with dignity and respect for the contribution that they have made. I hope that the Government will continue to look at ways in which those who have served this country, either in the military or in other forms of public service, can be sped through the immigration system to make it easier for them. Overall, there is no doubt that immigration has made a massive contribution to the United Kingdom, whether that is through many of my constituents who came over decades ago from the Republic of Ireland, or the people who came to the other parts of the UK from the Commonwealth and across the world more widely.
Let me turn to the amendments. I share some of the concerns raised by my hon. Friends the Member for East Worthing and Shoreham (Tim Loughton) and for North East Bedfordshire (Richard Fuller), and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who made some really strong arguments. However, I worked with the Minister in Committee and know that he is working hard to ensure that as many concerns as possible are addressed. I hope to hear more about that in his winding-up speech.
On new clause 7, it was good to hear the hon. Member for Sheffield Central (Paul Blomfield) mention that new options for detention are being looked at, including perhaps in a community setting. If such measures save money and deal with situations more efficiently, they are exactly the sort of things we need to be looking at.
I also share the concerns raised through new clause 12, as this is an issue that is particularly dangerous; we need to ensure protections for those from the Republic of Ireland who have been here for very many years, and with whom we have a different and historical relationship. We should not be splitting up that relationship through this legislation or treating those people as we would other people from across the world. The EU settlement scheme has been a great success. I urge the Government, as I do my constituents, to do everything possible to ensure that people who can settle here are settled here. It might be time for a big Government communications programme to the public on that point.
My hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) said that the system will be better and fairer. I really do hope that that is the case. It is particularly important for my constituents—whether from Weardale, Consett, Crook or Willington—that they see the system that we promised at the election coming forwards: a system that values everybody equally. This Bill really honours that commitment. It honours not only the referendum but the result of the last general election, which delivered a majority for the Conservative party not seen for 30 years, and in which seats like mine finally woke up to the fact that the Labour party was not listening to them any more on issues like this.
The Bill will therefore have my support today, but I hope that the Minister will be able to address some of the issues raised by hon. Members from across the House.
Matt Rodda (Reading East) (Lab)
I am grateful for the opportunity to speak in this important debate. Before I start, I would like to thank Members from across the House for their support for me, the victims of the tragedy in Forbury Gardens and indeed our whole local community. It has been a very difficult time for our town.
This debate addresses a series of important issues, which, as Members have said, affect the rights of European citizens living in Britain and many other vulnerable people. I support the concerns that have been expressed on a number of points and very much recognise the powerful speeches that have been made. I am aware of the limits on time, so I want to focus on new clause 2, on vulnerable children, and new clause 14, on scrapping the surcharge. I want to talk about the loss of rights that is, I am afraid, a defining characteristic of Brexit.
This is a very serious issue for people in my constituency living in Reading and the neighbouring town of Woodley. We have over 7,000 EU residents living in our constituency and I pay tribute to them. These are hard-working people who make a significant contribution to our community and indeed the whole country. They have made Reading and Woodley their home, and they should be supported and respected. That, for me, is the context of these two new clauses.
New clause 2 relates to the issues affecting vulnerable children. I am very aware of the problems with the settled status scheme. I have dealt with a number of issues facing EU residents in my area. For example, it is difficult for someone to go through the scheme if they have limited documentation. They might perhaps have an incomplete set of payslips because their employer does not provide them, they may have lost them, or there may be some other issue. They might have had to come in and out of the UK to visit or support relatives in the EU. They may be a long-standing resident, perhaps retired, who moved to this country after world war two and has made a contribution for many decades. All these categories of people are struggling to go through the settled status scheme.
Imagine the difficulties, then, faced by vulnerable children and their social workers, as described so effectively and eloquently by the hon. Member for East Worthing and Shoreham (Tim Loughton). This is a really challenging issue for hard-pressed social workers. In my area, and indeed possibly in his constituency, social services are under severe pressure. We struggle with a lack of funding for them. We have high living costs locally. The last thing a hard-pressed social worker is going to able to do is to provide a great deal of extra documentation and support, however much they wish to do that. It is worth considering supporting this new clause, and I urge Members from across the House to do so.
The point about the surcharge has been well made, and I concur with my hon. Friend the Member for Halifax (Holly Lynch). At this time, when so many of the workers in our health and social care services are from the European Union, surely we should be supporting them and doing absolutely everything to make them feel welcome in this country. Enshrining the Government’s words in law is very important at this point. Hundreds of people in my constituency work in the local hospital and have been on the frontline during the covid crisis. Some of them have actually stayed across the road from the hospital in temporary accommodation—effectively, in Portakabins—to maintain social distancing from their families. These are the sorts of people we should be showing support and respect for tonight. I therefore urge Members to support the new clause.
Nicola Richards (West Bromwich East) (Con)
I support the contents of this Bill. It is straightforward and to the point: we are delivering on our promises in ending the free movement of people from the EU. The calls to end free movement of people were never about some skewed idea that the British people are inherently xenophobic. They were never, as some have attempted to brand them, part of a wider project to shut our island off from the rest of the world.
I have always been a strong believer in the need to open up our immigration system to the best talent from across the world, and not limit ourselves. This Bill is not designed to shut people out. The coronavirus pandemic has shown that we need to co-operate with our friends and partners across the world even more closely as we look towards our collective recovery. We are of course committed to controlling and reducing migration overall, but this must be done by extending the opportunities open to those from other countries outside the EU.
On new clauses 7 and 8, I hear the concerns of my colleagues across the House.
Sir John Hayes (South Holland and The Deepings) (Con)
My hon. Friend is right about the balance between migration from outside the EU and from within it, but we need to cut immigration per se. It is not just a question of displacement. This is a question of cutting immigration, as we committed to do and as the British people want us to.
Nicola Richards
I agree with my right hon. Friend. Obviously, we want to reduce the numbers on immigration. We were not able to do that while we were members of the European Union, but overall, it limited the number of countries and the areas that people were able to come from and that is what we are putting right now.
On new clauses 7 and 8, I hear the concerns of colleagues across the House, but I am pleased to hear that the Home Office already looks to avoid detention altogether where this is possible through community engagement programmes, and that detention is only really made where there is a reasonable timescale for the removal of an individual. I agree that detaining an individual indefinitely is wrong and should not happen.
Our current dual immigration system is simply not fit for purpose and does not serve our interests as a country. That is exactly what the people of West Bromwich East tell me. From Friar Park to Great Barr, people have been saying the same thing—that the EU does not and did not work for us. It became a one-size-fits-all club, especially with regard to immigration, and we have had enough.
I have said in the House before that we Black Country folk are proud of our diverse communities and we value those foreign nationals, both from the EU and elsewhere in the world, who help to deliver a world-class health system. I am really pleased that the new points-based immigration system will not just allow, but actively welcome a range of health professionals to this country. Our NHS simply would not function without the dedicated army of foreign nationals who work in it. We can see this on display in every hospital across the country, including Sandwell General Hospital, which serves so many of my constituents so well. The Bill allows us to further protect our treasured health service, as we can go beyond the strict arrangement that we have been bound to while in the EU by adding more flexibility to the way that we recruit our doctors and nurses. So we should embrace this opportunity.
This short Bill is the natural precursor to the immigration framework that we want to operate under once the transition period ends. It is surely right that, in an open, tolerant meritocracy, such as the one we have in Britain, we should have an immigration system based on skills rather than nationality. I also welcome the Immigration Minister’s commitment to a “digital by default” system. I know from my own casework that this has been a difficulty for some people and I am pleased that we are looking to make these necessary changes.
A simpler, fairer immigration system is what the Bill will pave the way for. I think that it is a landmark moment, given the strength of feeling about immigration in our communities, and it proves that the Government are getting on and delivering on their promises. This is democracy working at its very best. We are stripping away the old and allowing ourselves to be bold and ambitious moving forward. I want the people of West Bromwich East to know that this is what we voted for and it is what we are delivering on. I commend the team at the Home Office for their work, and I commend the Bill in its current form.
Jim Shannon (Strangford) (DUP)
Like many others, I have been inundated with briefings and questions regarding the Bill, and I understand the importance of us all getting things right today, if possible. We certainly must, at all costs, protect our social care sector.
I was very happy to add my name, along with my hon. Friend the Member for Belfast East (Gavin Robinson), to new clauses 3 to 10, in the name of the right hon. Member for Haltemprice and Howden (Mr Davis). I hope that he presses these amendments to a Division and that the Government perhaps will accept them, even at this late stage. I feel strongly about the time limit on immigration detention. New clause 3 would hopefully change that to protect people by having a period of 28 days. The other proposals relating to bail hearings, the criteria and duration are also important, and it is so important that we get this right.
I have seen the existing pressure on the social care workforce in my constituency, and one thing is certain from their side: there is not the staff or structure to carry all that is required. The social care workforce will need to expand to deliver the Government’s laudable commitments. It is important to note that the number of staff needs not only to rise to reduce the over 120,000 vacancies that currently exist, but to increase considerably over a sustained period to meet the Prime Minister’s pledge to give every older person the dignity and security that they deserve. The current system leaves a large number of vulnerable people going without any help.
Research by the Nuffield Trust indicates that providing just one hour per day to older people with higher needs who currently get no help would require approximately 50,000 additional home care workers in England alone, never mind Northern Ireland, Scotland and Wales, and providing two hours per day would require 90,000 extra workers.
Although it can be argued that the economic impact of covid-19 will pull in more domestic workers, it is far from clear that that will create the permanent step change needed to deal with the loss of migration, fill the vacancies and grow the workforce all at once. In her new clause 29, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has put forward a solution, and I hope that there is a cross-section of people in the House who will pursue that.
Analysis of the data by the Nuffield Trust shows that, from 2009-10 to 2018-19, almost half—46%—of the expansion in the social care workforce across the UK was accounted for by people born outside the United Kingdom. That is a case for why we need an immigration system that enables those people to come in and help our social care system. In regions with the greatest projected future need for social care, such as London, not only has the proportion of EU staff increased over time, but migrant staff now make up a large proportion of staff, with more than two in five care workers from abroad.
I remind the Minister very gently and respectfully that countries such as Australia and Canada have long employed points-based immigration systems and have introduced a range of special migration programmes out of necessity, including to help the long-term development of the domestic workforce. New Zealand has an agreement with the residential care sector under which it may offer more generous visa terms, such as longer stays, for a range of key jobs, including personal care assistants and care workers. In exchange, employers develop plans to boost the domestic workforce.
Having seen vulnerable people struggling to care for themselves, and yet knowing the difficulties of securing an adequate care package, I welcome this opportunity to speak on this matter. I hope that the Government listen to Members’ pleas in relation to the new clauses that have been tabled. They were tabled for the right reason—to do what is right today.
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
It is always a pleasure to follow the hon. Member for Strangford (Jim Shannon). It is a pleasure I have had on many occasions since joining the House. Overall, this has been a good debate on a wide range of issues relating to immigration. Members will appreciate that, in view of the time remaining, I will be unable to respond in detail to every new clause and amendment. However, I would like to address some of the more prominent issues that were raised during the debate.
I know that Members were restricted by the narrow scope of the Bill, but I would like to put on the record that most of the new clauses and amendments, if implemented, would lead to a discriminatory immigration system with differential treatment between EEA and non-EEA citizens, which cannot be justified and is not in line with the Government’s approach of having a single global migration system in the future. However, I accept that the reason for the wording of the amendments was to get them in scope.
I turn to the 31 Government amendments in relation to social security co-ordination, which is dealt with by clause 5. As social security co-ordination is transferred in respect of Northern Ireland and partially devolved to Scotland, clause 5, as currently drafted, confers powers on a Scottish Minister or a Northern Ireland Department to legislate in areas of devolved competence. As is required, we sought legislative consent from the Scottish Parliament and the Northern Ireland Assembly. Social security is reserved in Wales.
The relevant Northern Ireland Minister has indicated that a recommendation will be put to the Executive to bring forward a legislative consent motion in the Assembly; however, the Scottish Government confirmed on 19 June that they would not recommend legislative consent. The Government amendments therefore amend clause 5 and schedules 2 and 3 to restrict the powers in the Bill in relation to Scotland so that the clause does not now engage the legislative consent process in the Scottish Parliament. I therefore hope that Members will be prepared to agree to the amendments.
Turning to one of the more substantive issues raised, the hon. Member for Argyll and Bute (Brendan O'Hara) started the debate around new clause 1. I recognise that Members across the House care deeply about the health and social care sector. I am pleased to again place on the record the Government’s thanks and recognition of the fantastic job that those working in health and social care do for the whole of our United Kingdom.
Mr Steve Baker
I have been listening to the Minister very carefully, and I repeat my earlier praise: he has a tough job to do. I do recognise that this Bill relates to the withdrawal agreement, and I can tell him that I will abstain on the amendments I have signed, and I shall vote with the Government on the rest of them.
Kevin Foster
I very much welcome my hon. Friend’s comments. Certainly, the Government look forward to working with him and my right hon. Friend the Member for Haltemprice and Howden, because this is an area where we want to see better outcomes for everyone—a better outcome for those who end up in the immigration system, and a better outcome for the taxpayer and the public as well.
Moving on to new clause 2, I welcome the opportunity to speak about the important issue of how we best protect the rights of vulnerable children in care and care leavers. Since the full launch of the EU settlement scheme in March last year, we have had agreements and plans in place with local authorities to ensure that relevant children and care leavers receive the support they need in securing their UK immigration status under the scheme. Local authorities and, in Northern Ireland, health and social care trusts are responsible for making an application under the EU settlement scheme on behalf of an eligible looked-after child for whom they have parental responsibility by way of a court order. Their responsibility in other cases to signpost the scheme and support applications has also been agreed.
The Home Office has implemented a range of support services to ensure local authorities and health and social care trusts can access help and advice when they need it. This has involved engaging extensively with relevant stakeholders such as the Department for Education, the Local Government Association, the Ministry of Justice, the Association of Directors of Children’s Services and equivalents in the devolved Administrations. Guidance has been issued to local authorities regarding their role and their responsibilities for making or supporting applications under the scheme.
The Home Office will be conducting a further survey of local authorities across the UK shortly, as part of the support we are offering to them with this important work. This survey will ask local authorities to provide the assurance that they have so far identified all relevant cases. We will share relevant data from the survey with the EU settlement scheme vulnerability user group, comprising experts from the local authority and voluntary sectors, to help it to discuss progress in this important area and to focus our efforts in supporting local authorities with this work.
To be clear, new clause 2 does not facilitate applications to the EU settlement scheme but proposes a declaratory system under which those covered automatically acquire UK immigration status. This would cause confusion and potential difficulties for these vulnerable young people in future years, with their having no evidence of their lawful status here. They will need evidence of their status when they come to seek employment or access the benefits and services that they are actually entitled to access. This is not something we can allow to happen. However, to reassure hon. Members, the withdrawal agreements oblige us to accept late applications indefinitely where there are reasonable grounds for missing the deadline. This and other rights under the agreements now have direct effect in UK law via the European Union (Withdrawal Agreement) Act 2020, so this commitment is already effectively enshrined in primary legislation.
We have therefore repeatedly made it clear that where a person eligible for status under this scheme has reasonable grounds for missing the deadline, they will be given a further opportunity to apply—to give a specific example, where a parent, guardian or local authority does not apply on behalf of a child. This will ensure that individuals who missed the deadline through no fault of their own can still obtain lawful status in the United Kingdom. I am happy to underline this commitment at the Dispatch Box where children in care and care leavers are concerned, and this is not just for a five-year period, as suggested in this new clause.
Some Members have spoken about the Government’s “no recourse to public funds” policy during the covid-19 pandemic, and there are some new clauses relating to this. Let us make it clear that a range of safeguards are in place to ensure that vulnerable migrants who are destitute or at imminent risk of destitution and have community care needs, including issues relating to human rights or the wellbeing of children, can receive support.
We recognise and are immensely grateful for the contributions made by so many migrants, especially during the recent pandemic. We have provided more than £3.2 billion of additional funding in England and further funding in the devolved Administrations to support local authorities to deliver their services, including helping the most vulnerable. We have also made it more straightforward for those here on the basis of family life or human rights to apply to have the “no recourse to public funds” condition lifted, with change of condition decisions being prioritised and dealt with compassionately.
It is worth noting that those with no recourse to public funds have also been able to benefit from the coronavirus job retention scheme, the self-employed income support scheme and other measures introduced by the Government, such as protections for renters and mortgage holidays.
Kevin Foster
I will not be able to; I just do not have the time.
Moving to new clause 29, I have listened carefully, and I assure all Members that the Government are committed to the principle of family reunion and supporting vulnerable children, as set out in a letter I sent to all Members of Parliament this morning. We recognise that families can become separated because of the nature of conflict and persecution and the speed and manner in which people are often forced to flee their country. However, new clause 29 does not recognise the current routes available for reuniting families or the negotiations we are pursuing with the EU on new reciprocal arrangements for the family reunion of unaccompanied asylum-seeking children in either the UK or the EU, as set out in the draft legal text.
Kevin Foster
I am afraid I do not have the time. A negotiated agreement for a state-to-state referral and transfer system would provide clear and consistent processes between the UK and EU member states, ensuring appropriate support for the child and guaranteeing reciprocity. The new clause seeks guarantees that cannot be provided for in UK domestic provisions alone.
The current immigration rules also include routes for family members wishing to enter or remain in the UK on the basis of their relationship with a family member who is a British citizen or settled in the UK, as well as those who are post-flight family of a person granted protection in the UK. Those routes will remain in place at the end of the transition period.
The new clauses on the devolution of migration policy are another unsurprising attempt by the Scottish nationalists to fulfil their ambition of setting up a passport control point at Gretna to fulfil an agenda of separation. We are delivering an immigration system that takes into account the needs of the whole of the United Kingdom and that works for the whole of the United Kingdom, and we will not put an economic migration border through our country. As Members who have spoken pointed out, serious discussion needs to be had about how Scotland can attract more people to live there, work there and be a vital part of the community, and many of those issues are absolutely in the hands of the Scottish Government to address.
Finally and very briefly, we had reference to comprehensive sickness insurance. To be clear, the rules have not changed in terms of the EEA regulations. The insurance would not block someone getting through the EU settlement scheme and we would be happy to hear any such examples. With that, I have explained why the Government does not accept the new clauses.
Brendan O'Hara
Very briefly, I thank all Members who have contributed to the debate. I thank Robert McGeachy of Camphill Scotland on a personal level for all the help he has given me, and I thank the Minister for replying to the debate, although I am very disappointed he has refused to accept new clause 1. It is beyond me why a Government would refuse an opportunity to say to the health and social care sector and its users that they understand the concerns, they have a plan, they know what they are doing and they would welcome transparency.
New clause 1 gives the Government the opportunity to make up for not having done a proper impact assessment and not having put in place any mechanism whatever for this House and other Parliaments across these islands to be able to assess and measure the effectiveness or otherwise of the Bill. For that reason, I will test the will of the House this evening and press new clause 1 to a Division.
Madam Deputy Speaker (Dame Eleanor Laing)
Before I put the Question, I have to remind Members who are proxy voting that they need to email the Public Bill Office after each Division and that they need to specify which Division they are voting in each time. I also remind Members that I will lock the doors after 15 minutes for this Division and, if possible—if Members move fairly quickly—after 12 minutes for any subsequent successive Division.
Madam Deputy Speaker (Dame Eleanor Laing)
Under Standing Order No. 9(3) and the Order of the House of 18 May, I must now put the Questions necessary to dispose of the new clauses selected for separate decision. Before I put the Question on new clause 7, I must inform the House that there is an error in the text published on the amendment paper. Lines 4 and 5 of new clause 7—the 11 words beginning with “(a)”—are duplicate text and should not have appeared. I do not think that that will make much difference to Members’ judgment as to whether they intend to support the new clause.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
New Clause 7
Time limit on immigration detention for EEA and Swiss nationals
‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—
(a) any person who, immediately before the commencement of Schedule 1, was—
(i) residing in the United Kingdom in accordance with the Immigration (European Economic Area) Regulations 2016;
(ii) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or
(iii) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised and available in domestic law after exit day.
(2) The Secretary of State may not detain any person (“P”) as defined in subsection(1) under a relevant detention power for a period of more than 28 days from the relevant time.
(3) If “P” remains detained under a relevant detention power at the expiry of the period of 28 days then—
(a) the Secretary of State shall release P forthwith; and
(b) the Secretary of State may not re-detain P under a relevant detention power thereafter, unless the Secretary of State is satisfied that there has been a material change of circumstances since “P’s” release and that the criteria in section [Initial detention: criteria and duration (No. 2)] are met.
(4) In this Act, “relevant detention power” means a power to detain under—
(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); or
(d) section 36(1) of UK Borders Act 2007 (detention pending deportation).
(5) In this Act, “relevant time” means the time at which “P” is first detained under a relevant detention power.
(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.’—(Mr Davis.)
Brought up.
Question put, That the clause be added to the Bill.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. In the exceptional circumstances that have just been reported to me about an error made in the way in which Members were guided through St Stephen’s Hall and into Members Lobby, it has come to my attention that some Members were, correctly and in an orderly fashion, in the queue to vote and have been unable to do so. Fortunately, this matter has been reported to me before the Tellers have reported the numbers. I am therefore going to unlock the doors in order that the Members who have not already voted in the Division on new clause 29 and who are now present in the Division Lobby ready to vote may very swiftly and immediately do so.
Business without Debate
Madam Deputy Speaker (Dame Eleanor Laing)
With the leave of the House, we shall take motions 3 to 5 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Electricity
That the draft Contracts for Difference (Electricity Supplier Obligations) (Amendment) (Coronavirus) Regulations 2020, which were laid before this House on 4 June, be approved.
Agriculture
That the Direct Payments to Farmers (Amendment) Regulations 2020 (S.I, 2020, No. 576), dated 8 June 2020, a copy of which was laid before this House on 9 June, be approved.
That the draft Direct Payments Ceilings Regulations 2020, which were laid before this House on 9 June, be approved.—(James Morris.)
Question agreed to.
Petitions
Patricia Gibson (North Ayrshire and Arran) (SNP)
I rise to present a petition on the establishment of a food standards commission.
The petition states:
The petition of residents of the constituency of North Ayrshire and Arran,
Declares that the UK Government has not put proper safeguards in place to protect food standards post the United Kingdom’s exit from the European Union; notes that the Government has rejected cross party amendments to the Agricultural Bill that aimed to protect standards of imports and ensure that any imports would not be able to undercut UK producers; further notes that leaving the European Union without a deal on 31 December 2020 will mean trading on World Trade Organisation (WTO) terms, and that the most favoured nation status will mean that the UK cannot prevent the import of hormone injected beef or chlorinated chicken from the US; further notes that the consumer group Which? has stated that a US trade deal poses the biggest risk to food standards since the BSE crisis and notes that the current deals struck by the EU provide the necessary protections; further declares that an extension to the transition period would create a short term protection against low standard imports, and that a Food Standards Commission with the remit of ensuring quality and welfare standards of food and drink imports in any trade deals could provide longer term protections for our farmers and growers in Scotland and the wider UK.
The petitioners therefore request that the House of Commons urges the Government to consider the establishment of a Food Standards Commission to monitor any trade deals involving food and drink products and to protect UK welfare standards and value our farmers and growers who produce in Scotland and the wider UK.
And the petitioners remain, etc.
[P002583]
Dr Julian Lewis (New Forest East) (Con)
As I am sure you know, Madam Deputy Speaker, single-use barbecues are designed to be disposable but are causing great risk to the forest environment, and local laws and regulations to prohibit and restrict their use have proved extremely difficult, if not impossible, to enforce.
The petition states:
The Petition of Kate Collison and Janette Duke, residents of the New Forest District in Hampshire,
Declares that the use of disposable barbecues and their careless abandonment are a proven cause of wild fires; further declares that such wild fires not only risk human life but also cause devastation to wildlife and their habitat; notes that single use disposable barbecues comprise a tin foil tray filled with impregnated “easy light” charcoal with a wire mesh over; further notes that they are lightweight, can easily be carried to beauty spots, wildlife reserves, and beaches, and can be purchased for as little as £1.99 per unit; further notes they have no integral frame support so can be sat directly on the ground causing damage once lit; further notes they emit dangerous carbon monoxide fumes not only during use but also during the cooling process; further notes that whilst they are easy to carry prior to use they are almost impossible to carry away for many hours after use whilst they remain hot, meaning they are often left as litter with devastating consequences; further notes reports that fire services across the country have shown that these abandoned barbecues have been found in the areas where devastating fires have occurred, for example, Wareham Forest, which in May 2020, despite the efforts of 150 firefighters, burned for more than 3 days and devastated 470 acres of heath and woodland, with 11 portable barbecues subsequently found in the burn area; further notes that Chinese sky lanterns, which can pose a similar threat to wildlife and their habitat, were once seen as acceptable but are now recognised as irresponsible and dangerous; and further notes the related Change.org petitions on this matter from the same petitioners, which collectively have over 9,000 signatures.
The petitioners therefore request that the House of Commons urge the Government to consider a ban on the sale of single use disposable barbecues within the United Kingdom.
And the petitioners remain, etc.
[P002585]
Black Women: Domestic Abuse
(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
It gives me great pleasure to raise a very important issue to the UK and to this House, particularly as we are about to debate the Domestic Abuse Bill, which returns to this place in the next fortnight or so.
In preparation for today’s debate, I was aided greatly by a number of groups. I would like to thank Refuge; Southall Black Sisters; Women’s Aid; the End Violence Against Women Coalition; Hackney Council; London Councils; Imkaan, which does amazing work in this area; and my local organisation, Sistah Space, with whom I met recently and who were the inspiration behind this debate.
I would also like to put on record my thanks to the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), who is unable to be with us physically today, for her assurance to me that she is committed to listening on this. I appreciate her willingness to engage on this vital issue, and look forward to hearing the Minister’s detailed response to the points that I raise.
It is important to summarise some of the concerns around this. We are dealing with domestic violence and domestic abuse, which is an issue that of course cuts across all people, all ethnicities and those of every socioeconomic status, but black, minority, ethnic and migrant women are particularly vulnerable to high rates of abuse. I am concerned that small specialist organisations are often unable to compete for the contracts that Government and other authorities run to provide money and support, partly due to funding cuts to local authorities and the knock-on effects on services provided. My own local authority, for example, has suffered over 40% cuts in the past decade. This collective loss of money means that anything that is not a statutory service is at risk.
There is also a need for greater representation of black women at policy level. The term, “black, Asian and minority ethnic”, or BAME, as some people call it, groups together a lot of different lived experiences and is a lazy shorthand for the real lived experiences of so many women. In Hackney, we see domestic abuse as an issue that particularly impacts black and minority ethnic women—disproportionately so. I will be touching on the issue of “no recourse to public funds” and of course return to the Domestic Abuse Bill.
The budget cuts to local authorities have meant that there has been a general push towards generic, lower-cost service provision for domestic abuse and violence against women services. Because of economies of scale, that push towards lower-cost services favours larger organisations and contracts over the small, specialist groups that are led by and for the communities they support. They often do not have the resources or finances available to them, or the stability, because they are small groups working in the community. We need to acknowledge that the experiences and discrimination faced by black women are different from those faced by other minority ethnic women, although I shall speak about other women in this speech as well. Using that term BAME—black, Asian and minority ethnic—as an all-encompassing term homogenises vastly different lived experiences.
Let me take a very human example. Imagine someone leaves their home fearful of their situation, in the middle of the night. They have managed to escape from their abusive partner and they turn up, if they are lucky, to a refuge or a hostel and are unable, as a black woman, to have the cream to cream their body or the hair products that they need to support their hair. Their dignity is already through the floor and these little things can make a significant difference, but generic services just do not always get that. That is not particularly a criticism of every generic service—they provide a service and I am not critical of them for that—but there often needs to be much more specialism, and it needs to be locally driven, because local areas know their communities best. Even in my own borough, for instance, we see many differences between our population and that in the neighbouring boroughs of Tower Hamlets or Islington, both of which my constituency abuts.
Jim Shannon (Strangford) (DUP)
I thank the hon. Lady for bringing this issue to the House. I am always inspired by her care and compassion for others, for her community and for this United Kingdom of Great Britain and Northern Ireland as a whole—that is something that I have noticed in my time in the House. Does she agree that work must be done, time put in and funding directed to enable women to know that they are valued, that their experience matters and that there is a hand to help them towards a life in which fear is not the norm?
Meg Hillier
I thank the hon. Gentleman for his thoughtful and sensitive intervention. That is exactly what I think everybody is aiming for: to make sure that women are not living in fear and have somewhere to go. However, sometimes that somewhere to go is not a comfortable place to go for some women, and it is important that we recognise that domestic violence does not affect everybody homogenously, that different groups are affected in different ways, and that cultural, religious and other differences are important to recognise. It is important that we have an accurate representation of the needs of black women, and that they are listened to when decisions about services that disproportionately affect them are being made. Quite simply, I say to the Minister: no decisions about black women without black women.
Of course, work is being done to tackle domestic abuse, and I welcome the Domestic Abuse Bill, to which I will turn a little later. London Councils has begun work with the Women’s Resource Centre to better understand the structural inequalities that exist in grant making, to create a longer-term funding vision and framework that will bring about tangible change in the next grants programme. If we look at the numbers, we see that only 32 refuges are run by and for black and ethnic minority women. We know that there is a shortage of refuge space generally—I do not have time to go into some of the other wider issues today, but that is a big concern.
London faces some unique challenges with domestic abuse compared with the rest of the country. London-based refuges account for 23% of the total refuge spaces in England—higher than the proportion for any other comparable region—and domestic abuse is on the rise in London. Between July 2018 and December 2019, some 2,817 women and 2,425 children in London were placed in refuges. London boroughs will receive some £13 million in this financial year via the London crime prevention fund to try to tackle domestic abuse. London grant programmes distributed £14 million over the past four years to support the tackling of sexual violence and abuse.
It is important that we see better representation of different groups in the media. The London Borough of Hackney has been trying to promote awareness work, so that people from different backgrounds see themselves reflected and thereby have the confidence to come forward. It is a good way to educate people about what is available. Imagine, Madam Deputy Speaker, that you are living in fear at home. It is difficult to make that call to a domestic abuse hotline. You may be in a controlling relationship and it might be difficult to find help from a friend. You may have your phone monitored. But if the television is on and soap operas are sending out messages about where you can go for help, that is important. It is important that we press for that.
I recognise that it is not entirely in the Government’s control, but in focus groups that the London Borough of Hackney ran with survivors, the following comment was made:
“Having messages on TV shows, soap operas, radios would help.”
A recent storyline in “The Archers” was cited as a good example but, of course, only a narrow group of people listen to Radio 4 on a weekday evening. One person said,
“Having it talked about more makes it easier to talk about.”
Another said,
“There should be more advertising on buses.”
Someone said, rather poignantly,
“I lost my job due to being fearful. You cannot exactly tell your colleagues what is happening with your life, but if you see yourself represented in the media, you know that you’re not alone.”
It is a small but important element: too often, our media does not reflect the richness and diversity of cultures and backgrounds of people I represent in my borough, so I see this as a very significant issue.
I was talking about the London figures just now, but in London there was a 63% rise in reported domestic abuse offences between 2011 and 2018. In 2018, there were more than 85,000 recorded domestic abuse offences in London in just that 12-month period. Staggeringly, that represented one in 10 of all crimes reported in London that year, and that is just those that were reported. For many people, it is still very hard to report the situation that they find themselves living in, wanting to protect their children—I know that the Minister will be well aware of all the issues.
Funding for refuge provision is a key concern in London and for London councils. In my own borough since July 2017—so just in the last three years—169 women and 146 children have been placed in refuges. Of those 169 women, 110 were from black and minority ethnic backgrounds. There are real concerns about that percentage. Over and over, the evidence that I have gathered—although the data, I have to say to the Minister, could be better, including at national level—shows clearly that a disproportionate number of black women, and Asian and minority ethnic women, are affected in London.
In Hackney, in the last financial year, there were a total of 492 high-risk victims or survivors of domestic abuse reported to the multi-agency risk assessment conference. Black women constituted a disproportionately high number of those compared with the general population—27%. If this were any other group, people would take it a bit more seriously, and it is important that we recognise that.
I have mentioned children a number of times, and in my research for this speech I have been alarmed by the number of children who are affected by domestic violence, particularly for this group of women: 45% of all children assessed due to domestic abuse concerns in Hackney were black children. If there is a perpetrator in the household, it is not just the woman who is affected—it is usually a woman, but obviously men can be victims too—but it has a damaging and long-term effect on those children. In many ways, if domestic abuse was treated as a public health issue, notwithstanding the efforts of the Government to finally get the Domestic Abuse Bill through, it might have been dealt with in different ways and more seriously in the past.
I turn to the Domestic Abuse Bill, and I am particularly concerned as we approach that debate. I would be interested to hear the Minister’s views. The “no recourse to public funds” provision is a big concern in my constituency. I have many constituents who are migrants who come here to work, they work hard and pay their bills: they do all the right things according to Home Office rules, but they have no recourse to public funds, so if they need to flee a domestic abuse situation, they do not qualify for a lot of the support that is available. Those often life-saving routes to safety are not available, and the Home Office needs to look at this issue, just as it has with victims of human trafficking, for whom some safeguards are in now place—not all of them, but I will not go into that now.
There are some safeguards to support people in that situation, and there needs to be some safeguards here. These are people who want to work and will want to continue to work if they can, but if they have not got the money to pay their rent or they have a problem with their job, they will be left high and dry and in a very vulnerable position, often unable to leave, under the Domestic Abuse Bill. It is a significant barrier that excludes many people from those routes to safety.
The domestic abuse commissioner is also highlighted in the Bill. I hope the Minister can confirm that domestic abuse commissioner will listen to all voices and make sure that all these diverse groups—black women included—are at the table so that decisions are made that reflect their very specific needs. I know that my own Front Bench, with my support of course, are pushing for other migrant women to be better supported through the Domestic Abuse Bill. There is no provision, for example, for those on non-spousal visas to enter a refuge.
We also need to see a public duty on all commissioning authorities to fund domestic abuse services in the community. Refuges have a very important part to play but, as with Sistah Space in my constituency, it is the community-based services that are often there on the frontline, accessible and embedded, and they know who is who.
It is much easier to do that, especially for someone who, for example, is having their phone tracked or someone who cannot travel very far from their partner because they will not allow them to do that. Having that local specific support is very important.
It is important as well that the Bill reflects that the commissioning of community services needs to reflect protected characteristics. Too often, black and minority ethnic women’s services go completely unfunded, as I have touched on, and they cannot be sustained, and that means that black and minority ethnic women often struggle to access services.
It is essential—I hope the Minister will agree and give me some comfort and comfort to the women out there, some of whom are not yet affected, but may be in the future, and those who have been through it and those who are living through it now—that funding systems for domestic abuse understand that a one-size-fits-all policy will not address the problems within the sector. We need a granular way of funding so that whatever the main funding body, it can get right down to those small grassroots organisations that do not have the resources necessarily to bid, but can provide essential services.
We need, as I have said repeatedly, to ensure that black women’s voices are listened to and represented at policy level. I think I have time to segue into my experience 13 years ago almost to the day, when I became a Minister in the same Department as the Minister. One of the first things I was asked to do was sign off the board for the vetting and barring service. I was presented with a list of names, and I said, looking at it, “Can I just ask out of interest whether anyone has any experience of African child abuse?” At the time, there had been a number of such instances, including the torso of Adam in the Thames, which many people will remember vividly. Representing a constituency with a large number of West Africans, I was very attuned to it, but it was a very big issue at the time.
There was a slight awkward silence from the officials—I am not critical of the officials, who were trying to do a good job, but just were not tuned into this reality—but lo and behold, they went off and found an excellent woman. I have not told her I would name her, so I will not name her today. She was very expert in the area and became a vital part of making sure that our child protection and our set-up for the protection of vulnerable people began to understand and reflect some of those specific issues. It was a minority in that community, but nevertheless the issue was present.
She said to me, “I thought of applying for this position, but I thought they would not want people like me.” It is her story to tell, rather than mine, but the stories she told me about how people reacted to her as a black African woman in that position—unusual in the public sector—are important. The Minister is not entirely responsible for public appointments, but Ministers get that chance, and it is important we have a much more diverse reflection of our community in public appointments, especially for issues where their lived experience is vital to getting things right.
I do not think there is a single official deliberately trying to exclude people, but practices can build up and assumptions can be made. Unless we constantly challenge that, we will end up with a homogenous group of people making decisions about other people. I am on a mission to make sure we support civil servants and Ministers in understanding the wide diversity of people who are affected by the decisions they make.
The Domestic Abuse Bill is a real opportunity, but we also need clear data about the impact of domestic abuse on women, and we need detailed breakdowns of ethnic background, nationality and so on, so that we can really understand where the problems are and where emerging problems arise. As I have said repeatedly, future funding must recognise the importance of specialist services. In simple terms, let us make sure—I hope the Minister will agree—that we do not see decisions about black women without black women.
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
May I begin by thanking the hon. Member for Hackney South and Shoreditch (Meg Hillier) for a really thoughtful and obviously well-researched speech, which I know will have been heard beyond these walls? It was an extremely powerful contribution.
With the leave of the House, I will wind up the debate. As the hon. Lady has already indicated, I am standing in for the Minister for safeguarding, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is unable to be here. Although it is my pleasure to stand in her stead, I can say without fear of contradiction that she is personally deeply committed to this issue, and I know she would welcome the opportunity to speak to the hon. Lady further about the points she has helpfully raised this evening.
There is no dispute between the parties, I trust, that domestic abuse has a horrifying and devastating impact on individuals. The hon. Lady has spoken very powerfully about the stark and harrowing impacts it has on all people, but potentially in different ways, because we have to take account of the context—sometimes the cultural context—in which it takes place.
Darren Henry (Broxtowe) (Con)
I thank the hon. Member for Hackney South and Shoreditch (Meg Hillier) for bringing this debate to the House. She makes a really good point that BAME is a bit too much of an umbrella term for an issue such as this, so my point will be about black women. I have been to Midlands Women’s Aid in Broxtowe and was told that there is a culture of shame and stigma around victims of abuse in black communities. Will my hon. Friend the Minister put at the heart of the agenda empowering women to access support?
Alex Chalk
I thank my hon. Friend and commend him for the work that he is doing with Women’s Aid. He is absolutely right, because we hear of this stigma and what is so upsetting about that is that, all too often, it will mean that victims continue to be victims. They will not necessarily have the courage to break free. That is why we need to make sure that there are tailored services, which take account of the cultural issues so that we can truly protect all victims, whatever their background. I am very grateful to him for raising that issue as he has.
We focus on this issue because of the impact not just on the individuals themselves, but, of course, on the children. No child should have to grow up exposed to violence. We understand fine well the repercussions—often life-long repercussions—that that can have, so we must do everything we can to expose this hidden and often under-reported offending and eliminate it, and the Government are fully committed to doing that.
Over the past four years, we have provided £100 million of dedicated funding, working with local commissioners to deliver a secure future for rape support services, refuges, national helplines and critical services, and, as the hon. Lady adverted to, we have reintroduced the Domestic Abuse Bill—the third time of asking, I think—and that will offer strength, protection and support for victims of abuse for the long-term and help bring more perpetrators to justice.
Before I go onto the specific points that the hon. Lady raises, I wish to say a word or two about coronavirus, because we cannot really fail to mention it. Although home should be a safe place, we know that, for victims of abuse, it is often not, and facing enforced confinement with perpetrators and isolation from normal support networks must be especially harrowing for victims. She made a powerful point about the extent to which all people are able to pick up the phone, but in certain circumstances, particularly in close confinement, that is a conversation that is very difficult to have, and it is why, as I shall come on to in a moment, we have been at pains to ensure that there is a diversity of channels through which women—it is usually women—can access the support they need.
Let me provide a little more detail on the things that we are doing. Our national communication campaign, “You are not alone” has raised awareness of this issue across the general public and helped signpost victims to sources of help. Additional funding has gone to support the national helpline—the one run by Refuge, of course, is a very important one—and online services run by domestic abuse charities, including those offering specialist support to minority groups. The hon. Lady will be aware, as, I am sure, you are, Madam Deputy Speaker, that the Treasury has provided £750 million to the charitable sector, of which £76 million has been allocated to support victims of domestic and sexual abuse, vulnerable children and their families and victims of modern slavery.
I want to pick up a point that the hon. Lady made about community-based support, which she was right to stress. Some £20 million is allocated via the Ministry of Justice, via, in turn, police and crime commissioners for precisely this. One of the encouraging things, if there is any silver lining within this horrible cloud of coronavirus, is that we are better able now to monitor where that money is going and to do so by considering protected characteristics. In other words, we can make sure that a police and crime commissioner for area A is taking proper steps to ensure that those under-represented communities get their fair slice of cake. That is putting it very simply.
We have also allocated money to the FLOWS charity, for example, which finds legal options for women survivors. I am taking this opportunity as a Minister of Justice to say that, sometimes, the potent weapon that the victim needs to defend themselves will be a legal weapon—be that an occupation order, a non-molestation order or a domestic violence protection order—and providing that legal support is critically important.
Let me quickly mention the Hidden Harms summit that was chaired by the Prime Minister. That was an opportunity to shine a light on domestic abuse issues, and I hope the hon. Lady will also welcome the strong focus on sustainability: we cannot simply patch the demand, very generously and appropriately, in respect of coronavirus; we have to ensure that it is sustainable into the future.
I turn to BAME and domestic abuse statistics. I echo the point made by the hon. Lady. BAME is a pretty clumsy expression, for the reasons that she powerfully expressed. It covers all sorts of cultures, traditions, needs and a whole diversity of experiences. I recognise that it is not a homogenous group, but simply a convenient shorthand. I hope that the House will not consider my usage a discourtesy.
Domestic abuse affects a wide and disparate group of people across all backgrounds. One size does not fit all, and a particular approach would not be appropriate for all victims. That is particularly important when we are working to protect and support victims of domestic abuse with specific needs and vulnerabilities, including victims from marginalised ethnic groups.
The hon. Lady made an extremely powerful point, which might have sounded trivial, but is anything but. It matters if somebody from a certain background goes to a refuge and it does not have the basic toiletries or whatever to give them that human dignity. Wanting to look right is about feeling human, and recovering a sense of dignity and self-esteem. It is not a trivial matter—although I did wonder whether hair products might not make quite the difference to the hon. Member for Strangford (Jim Shannon). For some people, this really does matter.
According to the crime survey for England and Wales, in the year ending March 2019 an estimated 10.4% of black British women aged 16 to 74 had experienced domestic abuse in the last year, compared to 7.2% of white women. Now, there is a statistic to conjure with. The figure rose to 20% for women aged 16 to 74 who identified as mixed ethnicity. From research and reporting, there is evidence to suggest that black and minority ethnic women put up with abuse for a longer period—the point that I was making to my hon. Friend the Member for Broxtowe (Darren Henry)—and are more reluctant to access services. One estimate puts the time period before leaving a violent relationship at an average of 10 years—10 brutal, wasted years. We need to do everything possible to bring that figure down.
It is vital that we ensure that specialist services continue to be available to black and minority ethnic women, and find ways to break down any perceived barriers to accessing available services. In this context, we need an approach that brings in all the relevant agencies. Yes, of course the Home Office does its bit, as does the Ministry of Justice, but one of the key messages that we have had from the sector is to ensure that this is a cross-Government fight; and it is. I am pleased to say that I now have regular meetings with my hon. Friend the Minister for Safeguarding and with the Ministry of Housing, Communities and Local Government. That is very important. It is something that the sector has asked for and which we have been pleased to deliver.
The hon. Lady said that we need to present avenues for support in a context that is accessible for people. She referred to provisions being presented on television or whatever; there need to be different avenues. May I take a moment to plug the gov.uk website as a resource for accessing support, particularly legal support? People might visit the site for passport renewal and so on, but it often contains very good advice and support.
I completely endorse the hon. Lady’s central point. She said that there should be no decisions about black women without black women. That is what I want to come to now. We need to ensure that all Government Departments are diverse in terms of both ethnicity and experiences. Things have improved really quite dramatically and I pay tribute to those in the civil service who have pushed this agenda, but ethnic minorities are still under-represented at senior levels across the public sector, apart from NHS consultants, so there is further to go. There is much more that I could say about that, but I want to move on to some other points, if I may.
The Domestic Abuse Bill sets out a statutory definition of domestic abuse in legislation for the first time. It ensures that there can be no excuse for or hiding from abusive behaviour. The definition makes it clear that domestic abuse is not confined to violent or sexual abuse, but includes controlling or coercive behaviour, psychological abuse and economic abuse. That is critically important, because one of the barriers to that woman who has been experiencing it for 10 years might be the economic abuse. She needs to be able to say to a police officer or the authorities, “Well, hang on; this is not trivial just because it is invisible.” That is a really important point.
The hon. Lady also referred to the domestic abuse commissioner, which is one of the single most important innovations of the Bill. She has the ability—she has made an excellent start—to speak truth to power, to shine a light on the issues and, crucially, to ensure that there is co-ordination and coherence in this space, which could otherwise quite easily become fragmented, as well as proper representation and a proper slice of the cake for those from minority communities.
I am fast running out of time. There is more I wanted to say in respect to funding and so on, but I will close by recognising that this is not a subject for a single debate. This is a subject for an ongoing conversation. As I said, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle, wants to continue that conversation. She will be reading the hon. Lady’s speech and will be reflecting on the contributions in this debate. She remains committed to continuing to strengthen our collective approach.
Ensuring that we are truly inclusive of all sectors and working closely with expert organisations is how we tackle the scourge of domestic abuse. I am determined to ensure that we build such partnerships, safeguard the most vulnerable in our society and bring perpetrators to justice.
Question put and agreed to.
Members Eligible for a Proxy Vote
Member eligible for proxy vote | Nominated proxy |
|---|---|
Ms Diane Abbott (Hackney North and Stoke Newington) | Bell Ribeiro-Addy |
Debbie Abrahams (Oldham East and Saddleworth) | Jim McMahon |
Imran Ahmad Khan (Wakefield) | Stuart Andrew |
Nickie Aiken (Cities of London and Westminster) | Stuart Andrew |
Tahir Ali (Birmingham, Hall Green) | Chris Elmore |
Dr Rosena Allin-Khan (Tooting) | Chris Elmore |
Victoria Atkins (Louth and Horncastle) | Stuart Andrew |
Mr Richard Bacon (South Norfolk) | Stuart Andrew |
Siobhan Baillie (Stroud) | Stuart Andrew |
Hannah Bardell (Livingston) | Patrick Grady |
Mr John Baron (Basildon and Billericay) | Stuart Andrew |
Margaret Beckett (Derby South) | Clive Efford |
Sir Paul Beresford (Mole Valley) | Stuart Andrew |
Jake Berry (Rossendale and Darwen) | Stuart Andrew |
Mr Clive Betts (Sheffield South East) | Chris Elmore |
Mhairi Black (Paisley and Renfrewshire South) | Patrick Grady |
Ian Blackford (Ross, Skye and Lochaber) | Patrick Grady |
Bob Blackman (Harrow East) | Stuart Andrew |
Kirsty Blackman (Aberdeen North) | Patrick Grady |
Steven Bonnar (Coatbridge, Chryston and Bellshill) | Patrick Grady |
Andrew Bridgen (North West Leicestershire) | Stuart Andrew |
James Brokenshire (Old Bexley and Sidcup) | Stuart Andrew |
Ms Lyn Brown (West Ham) | Chris Elmore |
Richard Burgon (Leeds East) | Zarah Sultana |
Conor Burns (Bournemouth West) | Stuart Andrew |
Ian Byrne (Liverpool, West Derby) | Chris Elmore |
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) | Patrick Grady |
Dan Carden (Liverpool, Walton) | Alex Norris |
Sir William Cash (Stone) | Leo Docherty |
Sarah Champion (Rotherham) | Chris Elmore |
Douglas Chapman (Dunfermline and West Fife) | Patrick Grady |
Joanna Cherry (Edinburgh South West) | Patrick Grady |
Rehman Chishti (Gillingham and Rainham) | Stuart Andrew |
Feryal Clark (Enfield North) | Chris Elmore |
Damian Collins (Folkestone and Hythe) | Stuart Andrew |
Rosie Cooper (West Lancashire) | Chris Elmore |
Jeremy Corbyn (Islington North) | Bell Ribeiro-Addy |
Ronnie Cowan (Inverclyde) | Patrick Grady |
Mr Geoffrey Cox (Torridge and West Devon) | Alex Burghart |
Neil Coyle (Bermondsey and Old Southwark) | Chris Elmore |
Angela Crawley (Lanark and Hamilton East) | Patrick Grady |
Stella Creasy (Walthamstow) | Chris Elmore |
Tracey Crouch (Chatham and Aylesford) | Caroline Nokes |
John Cryer (Leyton and Wanstead) | Chris Elmore |
Janet Daby (Lewisham East) | Chris Elmore |
Geraint Davies (Swansea West) | Chris Evans |
Martyn Day (Linlithgow and East Falkirk) | Patrick Grady |
Thangam Debbonaire (Bristol West) | Chris Elmore |
Marsha De Cordova (Battersea) | Rachel Hopkins |
Caroline Dinenage (Gosport) | Caroline Nokes |
Martin Docherty-Hughes (West Dunbartonshire) | Patrick Grady |
Dave Doogan (Angus) | Patrick Grady |
Ms Nadine Dorries (Mid Bedfordshire) | Stuart Andrew |
Jack Dromey (Birmingham, Erdington) | Chris Elmore |
Philip Dunne (Ludlow) | Jeremy Hunt |
Colum Eastwood (Foyle) | Conor McGinn |
Julie Elliott (Sunderland Central) | Chris Elmore |
Natalie Elphicke (Dover) | Maria Caulfield |
Bill Esterson (Sefton Central) | Chris Elmore |
Dr Luke Evans (Bosworth) | Stuart Andrew |
Sir David Evennett (Bexleyheath and Crayford) | Stuart Andrew |
Michael Fabricant (Lichfield) | Stuart Andrew |
Marion Fellows (Motherwell and Wishaw) | Patrick Grady |
Margaret Ferrier (Rutherglen and Hamilton West) | Patrick Grady |
Vicky Foxcroft (Lewisham, Deptford) | Chris Elmore |
George Freeman (Mid Norfolk) | Theresa Villiers |
Gill Furniss (Sheffield, Brightside and Hillsborough) | Chris Elmore |
Marcus Fysh (Yeovil) | Stuart Andrew |
Sir Roger Gale (North Thanet) | Caroline Nokes |
Preet Kaur Gill (Birmingham, Edgbaston) | Chris Elmore |
Dame Cheryl Gillan (Chesham and Amersham) | Stuart Andrew |
Mary Glindon (North Tyneside) | Chris Elmore |
Mrs Helen Grant (Maidstone and The Weald) | Stuart Andrew |
Peter Grant (Glenrothes) | Patrick Grady |
Neil Gray (Airdrie and Shotts) | Patrick Grady |
Margaret Greenwood (Wirral West) | Chris Elmore |
Kate Griffiths (Burton) | Aaron Bell |
Andrew Gwynne (Denton and Reddish) | Chris Elmore |
Robert Halfon (Harlow) | Julie Marson |
Fabian Hamilton (Leeds North East) | Chris Elmore |
Claire Hanna (Belfast South) | Liz Saville Roberts |
Neale Hanvey (Kirkcaldy and Cowdenbeath) | Patrick Grady |
Ms Harriet Harman (Camberwell and Peckham) | Chris Elmore |
Sir Mark Hendrick (Preston) | Chris Elmore |
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) | Patrick Grady |
Mike Hill (Hartlepool) | Chris Elmore |
Simon Hoare (North Dorset) | Fay Jones |
Dame Margaret Hodge (Barking) | Wes Streeting |
Mrs Sharon Hodgson (Washington and Sunderland West) | Chris Elmore |
Kate Hollern (Blackburn) | Chris Elmore |
Adam Holloway (Gravesham) | Maria Caulfield |
Stewart Hosie (Dundee East) | Patrick Grady |
Sir George Howarth (Knowsley) | Chris Elmore |
Dr Neil Hudson (Penrith and The Border) | Stuart Andrew |
Imran Hussain (Bradford East) | Judith Cummins |
Dan Jarvis (Barnsley Central) | Chris Elmore |
Mr Ranil Jayawardena (North East Hampshire) | Stuart Andrew |
Andrea Jenkyns (Morley and Outwood) | Stuart Andrew |
Dr Caroline Johnson (Sleaford and North Hykeham) | Stuart Andrew |
Dame Diana Johnson (Kingston upon Hull North) | Chris Elmore |
Alicia Kearns (Rutland and Melton) | Ruth Edwards |
Barbara Keeley (Worsley and Eccles South) | Chris Elmore |
Afzal Khal (Manchester, Gorton) | Chris Elmore |
Sir Greg Knight (East Yorkshire) | Stuart Andrew |
Mrs Pauline Latham (Mid Derbyshire) | Mr William Wragg |
Ian Lavery (Wansbeck) | Kate Osborne |
Chris Law (Dundee West) | Patrick Grady |
Clive Lewis (Norwich South) | Rosie Duffield |
Mr Ian Liddell-Grainger (Bridgwater and West Somerset) | Stuart Andrew |
Tony Lloyd (Rochdale) | Chris Elmore |
Mark Logan (Bolton North East) | Stuart Andrew |
Rebecca Long Bailey (Salford and Eccles) | Cat Smith |
Julia Lopez (Hornchurch and Upminster) | Lee Rowley |
Jack Lopresti (Filton and Bradley Stoke) | Stuart Andrew |
Mr Jonathan Lord (Woking) | Stuart Andrew |
Craig Mackinlay (South Thanet) | Robert Courts |
Cherilyn Mackrory (Truro and Falmouth) | Stuart Andrew |
Shabana Mahmood (Birmingham, Ladywood) | Chris Elmore |
Alan Mak (Havant) | Stuart Andrew |
Seema Malhotra (Feltham and Heston) | Chris Elmore |
Rachael Maskell (York Central) | Chris Elmore |
Andy McDonald (Middlesbrough) | Chris Elmore |
John McDonnell (Hayes and Harlington) | Cat Smith |
Anne McLaughlin (Glasgow North East) | Patrick Grady |
John Mc Nally (Falkirk) | Patrick Grady |
Stephen McPartland (Stevenage) | Stuart Andrew |
Ian Mearns (Gateshead) | Chris Elmore |
Mark Menzies (Fylde) | Sir David Amess |
Johnny Mercer (Plymouth, Moor View) | Stuart Andrew |
Stephen Metcalfe (South Basildon and East Thurrock) | Stuart Andrew |
Nigel Mills (Amber Valley) | Stuart Andrew |
Carol Monaghan (Glasgow North West) | Patrick Grady |
Anne Marie Morris (Newton Abbot) | Stuart Andrew |
David Morris (Morecambe and Lunesdale) | Stuart Andrew |
Grahame Morris (Easington) | Chris Elmore |
James Murray (Ealing North) | Chris Elmore |
John Nicolson (Ochil and South Perthshire) | Patrick Grady |
Neil O’Brien (Harborough) | Stuart Andrew |
Dr Matthew Offord (Hendon) | Rebecca Harris |
Guy Opperman (Hexham) | Stuart Andrew |
Kate Osamor (Edmonton) | Nadia Whittome |
Kirsten Oswald (East Renfrewshire) | Patrick Grady |
Sarah Owen (Luton North) | Alex Norris |
Dr Dan Poulter (Central Suffolk and North Ipswich) | Peter Aldous |
Lucy Powell (Manchester Central) | Chris Elmore |
Yasmin Qureshi (Bolton South East) | Chris Elmore |
Christina Rees (Neath) | Chris Elmore |
Ellie Reeves (Lewisham West and Penge) | Chris Elmore |
Ms Marie Rimmer (St Helens South and Whiston) | Chris Elmore |
Rob Roberts (Delyn) | Stuart Andrew |
Bob Seely (Isle of Wight) | Stuart Andrew |
Naz Shah (Bradford West) | Chris Elmore |
Mr Virendra Sharma (Ealing, Southall) | Chris Elmore |
Mr Barry Sheerman (Huddersfield) | Chris Elmore |
Tommy Sheppard (Edinburgh East) | Patrick Grady |
Tulip Siddiq (Hampstead and Kilburn) | Chris Elmore |
Alyn Smith (Stirling) | Patrick Grady |
Royston Smith (Southampton, Itchen) | Robert Courts |
Jo Stevens (Cardiff Glasgow Central) | Chris Elmore |
Sir Gary Streeter (South West Devon) | Stuart Andrew |
Mel Stride (Central Devon) | Stuart Andrew |
Sam Tarry (Ilford South) | Chris Elmore |
Gareth Thomas (Harrow West) | Chris Elmore |
Owen Thompson (Midlothian) | Patrick Grady |
Jon Trickett (Hemsworth) | Olivia Blake |
Karl Turner (Kingston upon Hull East) | Chris Elmore |
David Warburton (Somerton and Frome) | Stuart Andrew |
Helen Whately (Faversham and Mid Kent) | Stuart Andrew |
Mrs Heather Wheeler (South Derbyshire) | Stuart Andrew |
Dr Philippa Whitford (Central Ayrshire) | Patrick Grady |
Hywel Williams (Arfon) | Ben Lake |
Beth Winter (Cynon Valley) | Rachel Hopkins |
Mohammad Yasin (Bedford) | Chris Elmore |
Petition
Extension of the Brexit transition period
Counter-Terrorism and Sentencing Bill (Third sitting)
Tuesday 30th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Chair
Our first witness is Mark Fairhurst, national chairman of the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers. Mr Fairhurst is participating via Zoom this morning, and I think it is just on audio, so it might be slightly tricky. Please bear with us. Do we have Mr Fairhurst?
Mark Fairhurst: Good morning.
The Chair
Good morning. Would you briefly just introduce yourself and your organisation, please?
Mark Fairhurst: I am national chair of the Prison Officers Association. We represent prison officers in every prison in the United Kingdom and secure psychiatric services as well.
The Chair
Thank you very much. We will start with questions. We have until 9.55 am, when we have to end the session bang on the dot. First, I will ask the Minister if he would like to ask some questions.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Q
Mark Fairhurst: Thank you. That is most welcome, and it will be appreciated.
Chris Philp
Q
Mark Fairhurst: Sure. It is very much intelligence led and risk based. Throughout a TACT offender’s sentence, they will be allocated a key worker officer, who will get to know them and help them through their sentence plan. During that sentence plan, they will be offered the opportunity to address their offending behaviour, and they will be offered two deradicalisation programmes while they are in custody.
Staff will observe their behaviour on the wings, and who they mix with, and they will submit intelligence reports on a regular basis, specifically if they have concerns around radical behaviour while an offender is in custody. That will then lead to a multi-agency approach, and when the offender is coming up to their release point with the Parole Board, we put in place MAPPA arrangements. We will have reports from prison officers, psychologists, psychiatrists and healthcare, and we will liaise with security services, and a full picture will be presented prior to that person’s release.
As we have just witnessed with the Streatham attacker, he left prison as a high-risk, category A offender. The intelligence and the risks that we highlighted to the security services led to him being monitored 24 hours a day, because he was a significant risk to the public. When you look at it in that vein, what we did was appropriate and led to an atrocity being avoided because of the swift reaction. So I think we have got the risk part of the sentence planning really sufficient while in custody.
Chris Philp
Q
Mark Fairhurst: Yes, that is correct, even—[Inaudible] —reached the halfway point, because legislation dictated that we had no option but to do that. The intelligence we had gathered on his antisocial behaviour and radical behaviour in prison led the Security Service to believe that they were right in following and monitoring him upon his release so extensively. That would be the case in this situation as well. I believe that, with this Bill, at the two-thirds point, people must go through a parole process.
Chris Philp
Q
Mark Fairhurst: That is a really valid point, and these concerns have been expressed from the frontline. I can give you an example. At the moment, if we are going to extend the sentences, and we are going to insist that the most serious offenders spend the entire sentence in prison, that will increase headroom in the high-security estate. Also, it incentivises people not to behave correctly or to go on deradicalisation courses.
For example, at the moment, we have funding, and we should have open three separation centres, but we have only got one, with a small number of the most influential and serious terrorist offenders, in play. That leads to serious concerns from my members who are in that separation centre at HMP Frankland, because we are now in a situation where the prisoners who are housed there are not engaging with staff whatever. We have had a really violent assault on a prison officer, and there is nowhere to transfer those prisoners to if they show violence towards staff or if they become a security risk. That is why we need more separation centres open, especially with the implementation of this Bill. More concerningly, there is now no incentive for good behaviour.
Chris Philp
Q
Mark Fairhurst: I think the separation centres are the key. We need three open because, as you are all aware, the rise of the far right is a real concern for the security services. It would be unwise to put high-profile far-right extremist offenders in the same separation centre as Islamist extremist offenders, with staff stuck in the middle. That is the key point here.
To come to your point, what can we do to incentivise people to take part in deradicalisation courses if they know they are going to serve their full sentence? All we can do on the frontline is our best, and that is to try to engage with people, get to know them and encourage them to take part in deradicalisation. We involve imams and community groups to come in and speak to these people. We just keep chipping away, because it is down to the individual. Only the individual can change. We can encourage them to change. We can give them the ideas to change and the courses to help them change, but it is down to the individual. The biggest fear from the frontline is, “If I know, as a terrorist offender, that I am going to serve my full sentence, and I am not going to get any chance of early release, I might totally disengage, and that might reinforce my radical views, which leads me to a disruptive life inside.” That is the biggest fear.
Chris Philp
I understand, although, of course, if they step over the criminal threshold, they will be prosecuted. Equally, there is no value in people pretending to engage with deradicalisation programmes just to secure early release, so we need to be mindful of that risk as well. Thank you, Mr Fairhurst.
Alex Cunningham (Stockton North) (Lab)
Q
You recently made a film called “The forgotten service”. In that film, you talk about the lack of support for prison officers, particularly around mental health, and there are other issues as well. Somebody responded to that film by saying—I hope the Chair will forgive the swear word in the middle—
“I left 3 months ago from the high security estate, after 18 years I had seen enough. Too much political bullshit, ridiculous workload, rubbish managers causing dramas, and good managers having to pick up all the pieces”.
Few would disagree that the main measures in the Bill are right, but what needs to happen in prisons to ensure that they can cope with the ramifications of it?
Mark Fairhurst: Mental health is a massive issue at the moment. We are getting more and more members suffering from PTSD. When you take the sentiments in that statement from that member of staff who left the service, I can echo every one of those.
What you have got to understand is that staff on the frontline are doing an absolutely fantastic job. They will monitor individuals’ behaviours and make a referral. The current system goes through a three-stage referral process, with the ultimate decision being made to remove someone from the main population to a separation centre at stage three. Very few of those referrals from staff get approved, because of the red tape and the legal challenges. It seems to staff on the frontline that the legal challenges are the major stopping point and buffer to removing people, who are a real danger in the normal population, to a separation centre.
You will eventually have complete apathy from staff, who keep referring people they think should be separated from the main population and keep getting knocked back. That has a knock-on effect, because, day after day, they have to deal with people who are threatening them, who are underhand, who are trying to radicalise people. Day after day, they know that if they make a referral, there is a good chance that that person will not be moved from the main population.
Alex Cunningham
Q
Mark Fairhurst: You need mental health support. You need some sort of counselling service on site five days a week during the working week. You need training to help staff cope, to spot the signs of radicalisation and danger. There is good training on offer if you work in a separation centre, but not for the main body of staff who work on the wings. You need to recognise that staff are under stress, so you need to rotate their jobs so that they are not in a high-stress situation year after year. We need more staff on site to assist us as well, to help prevent trouble breaking out.
Alex Cunningham
Q
Mark Fairhurst: Spaces in the high-security estate, where most TACT offenders are housed, are at a premium. We have very few spaces at all in a high-security estate. We do have spaces on courses for deradicalisation programmes, but they are not mandatory; the offender has the choice of whether they wish to attend one. That is another issue: do we want to make these courses mandatory, and where is the incentive to go on a course if you know you will not be released early?
If we are going to increase sentences, I suspect that we will need extra headroom. We will certainly need the other two separation centres open, because of the rise of the far right, and we will certainly have to think about a high-security prison—perhaps specifically to house terrorist offenders. Although there are only approximately 230 in play at the moment, it may be an idea to separate them totally.
Alex Cunningham
Q
Mark Fairhurst: I would like the Parole Board involved more, because it is an independent scrutiny body, but the measures we have in place at the moment are adequate. They work really well with the intelligence gathering from the shop floor, with the assessments and with multi-agency experts, including the security services. I do not think there is much more we can do, but I have no objections to the Parole Board being involved more as an independent scrutiny panel.
Alex Cunningham
Q
Mark Fairhurst: This is another issue. If you look at people under the age of 18 and at female offenders, do we have the capability to house them in a secure environment, or are we going to throw them into the adult estate? Throwing a young person into the adult estate due to the nature of their offence could have an adverse effect, so we need to come up with programmes for young offenders who commit terrorist crimes. I do not think we have that capability at the moment, but rehabilitation of a young person has more chance of success than rehabilitation of someone who is seasoned and radicalised. I feel that we have a big opportunity to make a difference in that field.
Kenny MacAskill (East Lothian) (SNP)
Q
Mark Fairhurst: I do think it is important to have an incentive for people to engage with rehabilitation and improve their behaviour. You must also consider that when terrorist offenders are released, they rarely reoffend. Only about 5% to 10% reoffend, compared with 50% to 60% of the general population. I understand that those who do reoffend are high profile and commit atrocities, but we are looking at a cohort that, on the whole, has a 90% success rate, because only 10%—max—reoffend. We need to take that into account when we are thinking about the future of the offender—not only when they are in prison and what we offer them there, but when they are released. I do not think anyone has mentioned that yet.
Kenny MacAskill
Q
Mark Fairhurst: I like the sound of that, Kenny, I really do, because it gives people an incentive and gives them hope that they will be released before serving their full term, but they are also under no illusion that they will be monitored in the community, and if they commit an offence, they will end up back in prison. I like the idea of that. As you know, Scotland has a lot of good practices that we could adopt in England and Wales, and I ask people to seriously consider that element.
Kenny MacAskill
Q
Mark Fairhurst: None whatsoever, Kenny. That would be down to some independent body responsible for performing polygraph tests. That is another skill that I would not mind staff getting trained in—it would be another string to our bow. How often is it going to get used? Is it going to be a regular occurrence? All these issues need to be ironed out, but I am not against the polygraph test and I am not against prison staff being trained in polygraph testing. However, I would guess that scrutiny panels would say that prison officers are not independent because they work with the offenders, so they would want a totally independent body to facilitate that.
Kenny MacAskill
Q
Mark Fairhurst: This is the major concern from my colleagues at the only separation centre that is open, in Frankland. We have had one serious assault, and that member of staff had to be a moved away from the separation centre, because there is nowhere to transfer the prisoner. Once that prisoner goes to court, if he is convicted of that assault on the member of staff, where do we transfer him to? We do not. We keep him at Frankland.
We have got a Muslim member of staff at Frankland who is being moved from the separation centre because the terrorist offenders in that separation centre have threatened him. That is not right—staff are being penalised for doing their job because we do not have the capability to transfer violent and disruptive prisoners to another separation centre. We have funding for three, but we only have one open because of the red tape and the legalities of moving people into a separation centre, because apparently, if you have three or fewer prisoners in a separation centre, it is classed as segregation. Well, you know what? Staff on the frontline are not interested in how you term things; they are not interested in the legalities. They are interested in you keeping them safe and giving them the tools to do their job, so let us get these other two centres open and let us respect staff safety.
Rob Butler (Aylesbury) (Con)
Q
Mark Fairhurst: I think we need a full review of those two courses, simply because of the last two atrocities, where both offenders had attended one of those courses. One was, in effect, a poster boy for one of the courses. I would like to see a full review, because what do we actually class as a success? Do we class success as offenders attending and passing those courses, or do we class as success the offender who attended those courses being released and not committing further atrocities? We need to look internationally at what is on offer for terrorist offenders, certainly around Europe, if not the world. We really need to review what we class as success, because I am not sure that those two courses offer what they should.
Rob Butler
Q
Mark Fairhurst: That depends on what you are going to offer in the community. Are you going to offer them support services with charitable groups, or groups that specifically deal with terrorist offenders, which meet them at the gate, take them to accommodation, maybe get them out of the area where there is peer pressure, engage with Muslim communities—there is a lot of shame involved with terrorist offenders, who want to reform when they go back into their communities—and get imams involved? Are we going to invest in that side of things and incentivise people while they are in prison to attend these deradicalisation programmes, in the knowledge that there will be massive support systems in play for them when they are released, or do we keep going along the same path, where offenders are released with not much support in place, and if they are a risk, they are monitored? There is still a lot of work and research to do. We have some really intelligent people getting interviewed this morning, with some really positive, radical ideas that need to be taken on board.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Q
Thank you very much for your contribution, Mr Fairhurst. In response to the last question, you covered Muslim terrorist offenders. You have talked about deradicalisation, incentives to go straight and the success rate—the small percentage of terrorist offenders who reoffend. Do those figures and your general thoughts apply also to the growing number of far-right terrorists we are now seeing coming into the criminal justice system?
Mark Fairhurst: This is a completely new dynamic, but let me tell you this: if we have prolific far-right extremist offenders in the general population, they will be able to influence and recruit far more prisoners than Islamist extremists ever could. They will get more support. They will be a similar threat to what IRA prisoners were. They will have a lot of contacts in communities. They will be able to get staff details and addresses, and be more of a threat. That is why it is absolutely essential that we open the other two separation centres. What we do not want is, first, a situation where you have far-right extremists in the same centre as Islamist extremists or, secondly, a situation where a prolific right-wing extremist offender is recruiting in the general population and causing chaos. We really need to rethink this.
Ruth Cadbury
Q
Mark Fairhurst: Yes, without a doubt. At the moment, we only have these two programmes: healthy identity and desist and disengage. We need to look at alternatives, because the far right is a completely different dynamic. It has not really raised its head above the parapet in our prisons at this moment in time, but I can assure you that it is on its way, because it is on the rise.
Miss Sarah Dines (Derbyshire Dales) (Con)
Q
Mark Fairhurst: Yes, I agree with that. It will be an essential tool, but it would also be essential if we had an incentive to release people early, and prior to their release they were given a polygraph and asked about their future intentions. That is something else to consider. I agree: it is very useful. I have no opposition to it.
Miss Dines
So you agree with clause 32? That provision would be useful?
Mark Fairhurst: Most definitely, yes. I would not like to see it removed.
The Chair
That is the end of that session. Mr Fairhurst, thank you very much for joining us.
Mark Fairhurst: You are very welcome. Thank you for your thoughts about frontline staff. We appreciate your support. Thank you very much.
Examination of Witness
Ian Acheson gave evidence
The Chair
We have until 10.25 am for this session. Professor Acheson, thank you very much for joining us. Would you like to introduce yourself and your organisation briefly, please?
Professor Acheson: My name is Ian Acheson. I used to be a frontline prison officer, so I would like to be associated with the comments that were made this morning. They are the unsung heroes of our criminal justice system, often overlooked and certainly undervalued. They do an amazing job.
I worked in the Prison Service as an officer and then as a governor. I left it and joined the Home Office via the Youth Justice Board, where I was the senior civil servant responsible for the Contest strategy, our counter-terrorism strategy, among other things in south-west England. After that, I joined the Equality and Human Rights Commission as the chief operating officer and I left public service then. I now work for a variety of organisations, including the Counter Extremism Project, which is an international non-profit organisation that looks at ways of countering violent extremism. I am also a visiting professor at Staffordshire University School of Law, Forensics and Policing.
Chris Philp
Q
Professor Acheson: The Prison Service, as we are all aware, is under a great deal of pressure, certainly in England and Wales. The backdrop is what I would describe as a significant decline in all sorts of metrics of good order, discipline and control across most, but not all, prisons. That provides a backdrop of instability, which is germane to your question. We need to have stable, well-run prisons with suitable and sufficient numbers of staff present to set the tone, to be able to control the environment and certainly to be able to spot and intervene early when they see signs of extremist-related behaviour, whether from prisoners imprisoned under terrorism legislation or others who look like they are being drawn into violent extremism.
One of the problems that I have with the system is that we do not seem to have an assertive and challenging approach to managing terrorist prisoners, or ideologically motivated prisoners, from the start of their sentence to their last day in community supervision. The system is fraught with problems of handovers between the Prison Service, the Parole Board and the probation service. I do not believe that that system of managing a particular set of prisoners with some unique characteristics is the right way of proceeding.
I would like to see a dedicated unit, if you will—I recommended that in my 2016 report; unfortunately it was not one of the recommendations that was taken forward—that manages offenders end to end, from literally the first night in custody to the last night of community sentence, and that has a detailed biographical understanding of a prisoner. That involves specialists, psychiatrists, theologians and various people intervening but managing that prisoner all the way through into the community.
Mark Fairhurst mentioned the importance of reintegration after custody for terrorist offenders. In some respects, integration is the key challenge as well. At the moment, the state has a monopoly on the management of terrorist offenders after custody in terms of MAPPA, where the probation service, the police and the Security Service manage the security aspects. There are no other organisations, apart from some voluntary organisations that are involved in the desistance and disengagement programme. We do not have any community involvement in the resettlement of terrorist offenders and their reintegration in the community. That is a big issue that needs to be addressed.
Chris Philp
Q
Professor Acheson: In relation to terrorist offenders, for example, the situation feels to me as though, as long as they are not creating any problems, they are largely left alone. When they start to create problems, there are alternatives, which could include segregation, administrative penalties or incentives and earned privileges penalties. In extremis, if they are subversive—this was one of my recommendations that was taken forward, as you might be aware—separation centres exist for them.
We need to make sure that we look at it from the sentencing point. To illustrate it like this: what is really important is that we have got some sort of baseline measurement for a judge, after a conviction, to inform sentencing. We do not have that at the moment. We do have pre-sentence reports, I understand that, but we do not have a sufficient level of granularity or expertise put into that plan, which is the baseline measurement of dangerousness, for any terrorist offenders.
As you are aware, they are a very heterogeneous group. They resist being compartmentalised. We have people who murder people who are losers and we have people who murder people who are university graduates. There is an enormous variety and it resists generic sheep dip-style approaches. I am afraid I would categorise healthy identity intervention as one of those processes that I do not think works. We need to go back to having this baseline measurement at the start, managed by one unit all the way through that is frequently looking at whether dangerousness has increased or decreased, and devising and managing interventions to meet that individual pathology, that individual terrorist profile.
I am aware that Lord King has said in Parliament that you are recruiting some prison imams to take part in ideological interventions. That is very good news—so, theological, psychological, family-related and substance misuse. It is important to look at these people as individuals if you want to reduce their dangerousness. It is important to look at that dangerousness as early as possible, with the right people managing it all the way through.
As I have said before—I do not want to repeat myself—I think the system is far too fractured at the moment. We are only talking about 220-odd offenders at the moment, with the Government making what I think is the fairly optimistic estimate of an extra 50 as a result of the new legislation. It will increase because of the police and security services’ ability to spot people further and further upstream from actual terrorist incidents. That number will increase, but it is still a manageable number and it is still worth while investing significantly.
I am not a great fan of the statistic that is bandied about that says that only 5% to 10% of terrorist offenders reoffend after custody. That is a proven reconviction for a terrorist offence. That is a very lazy proxy for damage. If you apply that to our number of offenders, that means there are another 11 Sudesh Ammans in the system. That is completely intolerable and unacceptable. I do not think we should be comforted by the fact that some research is showing us that recidivism is fairly low. There is research in Europe that says that the period immediately following release of a terrorist offender is the period of most risk. That does not fit the profile of the Westminster bridge attacker, who waited for 11 or 12 months before something mobilised him into murdering two young people. We have to apply a very individualised, very assertive and challenging approach.
You talked about incentives and so on earlier with Mark Fairhurst. I think that might be looking at it in slightly the wrong way. I have a bit of a problem with the philosophical and organisational fitness of the Prison Service, the probation service and the Parole Board to manage these particular offenders. They are ideologically inspired offenders. We must insist they adopt civilised values, not look at it as a thing that needs to be rewarded. That is very difficult. I am not suggesting it is simple.
Just to avoid any misunderstanding, in my specification for separation centres, I specifically designed a regime—and suggested this to the Prison Service—that was not punitive and which was, as I have described it, a humanised approach. We cannot talk to dead terrorists; we can talk to live ones. We can find out an enormous amount. We can influence them an enormous amount with the right skills and the right staffing to be able to have a good sense of how dangerous they are and influence them towards disengagement, or desistance if disengagement is not possible.
The Chair
I suspect that your evidence is extremely useful to the Committee, but I have to ask for slightly shorter answers, please.
Alex Cunningham
Q
Professor Acheson: The amount of skill and training required to staff separation units—we know that only one out of three is running at the minute—is significant. If you are putting our frontline prisoner-facing staff, who will have the most influence and impact on individual terrorist offenders, in that sort of environment, it will take a huge amount of training, not only in the skill to deal with those prisoners, but in psychological resilience and so on. We know what seems to work in relation to violent extremism across Europe: it is the development of long-term, high-quality relationships, which are pro-social and expand far beyond the prison gates. That is very expensive, and it takes a lot of support to put that in place and to maintain it.
Alex Cunningham
Q
Professor Acheson: This is not a very auspicious time to talk about the Parole Board, but it is very good at managing ordinary offenders, and statistics would bear that out. I have said this earlier, and I do not want to repeat myself, but I do not believe the Parole Board is philosophically or organisationally the best suited to managing that risk. It is very good at managing ordinary offenders, but we have a new cohort coming through of profoundly different, ideologically motivated offenders, either through Islamism or through extreme right-wing philosophies, and we probably need a different, multi-agency approach to managing that risk all the way through the system.
Alex Cunningham
Q
Professor Acheson: I agree that the potential is greater, but I think sometimes we confuse vulnerability with dangerousness, and we use that in relation to young people and women. We have some very dangerous extremist offenders in either camp—very few of them, but we do have a small number—and we must not conflate the two.
In general terms, and I speak as somebody who worked for the Youth Justice Board, we need, where we can, to ensure that the disposals that are at the judge’s discretion, including detention and training orders and some non-custodial interventions, are still considered heavily before penalising people who, as you have said, may be just immature.
Alex Cunningham
Q
Professor Acheson: The circle of trust and accountability is a system devised by Mennonites, I think, in Canada, where one of their community had been convicted of a high-profile sex offence and was returning to the community. That group of people said, “How can we welcome this person back into our community”—because that was the Christian ethos—“but also keep our kids safe?” They devised a system where there was community involvement in a circle around the individual, which managed to help him to reintegrate properly but protected the community as well.
I am very keen on that idea being replicated for terrorist offenders after release in the community, as a parallel to the state’s responsibility to keep people safe. In other words, there could be a community response like that one, where we are getting members of the community involved in protecting national security. We miss a trick in this country—research backs this up—in that we do not, particularly in relation to Muslim communities, enlist ordinary members of the community who have some standing and some credibility in supporting the reintegration of terrorist offenders.
Those offenders will suffer many of the same challenges that sex offenders do: shame, difficulty in finding somewhere to live and difficulty in finding something to do. All those things would point towards further offending and delay disengagement, so I am very keen on the concept being looked at in relation to released terrorist offenders here.
Alex Cunningham
Q
Professor Acheson: I think we probably are. We are outriders in that respect in relation to the rest of Europe, which does heavily involve non-governmental organisations and community groups, for example, in reintegration. We have seen that in the Molenbeek suburb in Belgium, which is responsible for producing quite a number of jihadis, where the community has been involved and works in partnership with, although separate from, the statutory bodies whose first priority is safety and security. That is a necessary but insufficient way of dealing with the problem.
Kenny MacAskill
Q
Professor Acheson: I am not sure which would work better. I am certainly on record as saying that I support the Government in much longer sentences for terrorist offenders, primarily because it is a unique opportunity to incapacitate an ideologically motivated offender and bring services around that individual. Those services need to be extended through the gate and into the community.
We need to focus on this as a national security issue that we need to deal with in a different way, so lifelong restriction may have its merits. The key thing is that we make sure that support and control exist around offenders who are being released and who may go back into extremist offending, so that in whatever way we apply restrictions on their liberty—including TPIMS, for example—we do it in a proportionate way. There is absolutely an argument that punitive measures increase alienation. I think that might be a trade-off, in some respects, for people with whom we may never be satisfied that they are safe to release. We have to embrace the idea that there will be a few offenders who must be kept in prison indefinitely, because they either cannot or will not recant a hateful ideology, and they have the means to mobilise that into violence in the community.
Kenny MacAskill
Q
Professor Acheson: I must say I am not a great fan of the polygraph solution. Polygraphs are a very good way to demonstrate a physiological response to nervousness. Most people who take polygraphs are going to be nervous, so it is a very inexact science. I think it is probably slightly better than tossing a coin.
I am much more interested in using technology—wearable technology, in particular—with released terrorist offenders that will give us biodata and geographical data to allow us to spot when somebody is starting to re-engage in terrorist offending in all sorts of ways. It would create a geo-fence that restricts their movements and give real-time information on how that person is. I am not at all suggesting that technology is not useful here. I think we need to have much more investment in that.
The particular issue that I have seen—it has been talked about before—is the issue of disguised compliance, or lying, in layman’s terms. I am very happy to tell the Committee that Staffordshire University hopes to start a piece of research on disguised compliance led by me and Professor James Treadwell. It is mostly in the realm of social work in relation to domestic violence, but we want to see if there are ways to avoid a situation in which somebody like Usman Khan goes through an apparently successful deradicalization programme without apparently recanting any of his extremist principles, which are then put into murderous effect. I think this is a very under-explored area. It touches on polygraphs, but it is much broader than that. It is about how we skill up the people who are making the decisions on questions such as, “Can I trust you? Is your change authentic and credible, or are you trying to pull the wool over our eyes?”
We cannot have a perfect system. A perfect system would destroy our civil liberties, because we would keep terrorist prisoners in jail indefinitely and achieve the very effect that terrorists hope for in creating massive disruption in a liberal democracy. However, I think that we can do a lot more in relation to skilling up people to make decisions about whether and when somebody is safe to release, and under what conditions, and for how long they can be supervised.
Rob Butler
Q
Professor Acheson: Yes, for the reasons that I have just mentioned. I think that our position in January, where people who were so dangerous that they had to be man-marked by armed police officers had to be released from custody, was absolutely intolerable. We need to be focused on public protection. In relation to terrorist offenders, the Prison Service needs a bit of a change of mindset. There is too much of a reclamation and rehabilitation focus. I am not saying that that is not important, but I am saying that in relation to these prisoners, there has to be a primary public protection focus and a primary national security focus. That is not to say that the regimes in which terrorist prisoners are kept should not be as full and as varied as possible, so that people do not become alienated and further full of grievance.
Rob Butler
Q
Professor Acheson: This speaks to my earlier point about making sure that experts—forensic psychologists and psychiatrists—are specially chosen and trained to produce a baseline threat assessment, after conviction but before sentencing, to allow a judge to make a more informed decision on sentencing length, duration and so on, and to establish the basis against which that person’s progress can be managed and measured through custody.
Again, I think it is exceptionally important—the Government did not accept this, but I will reiterate it, and recent events have thrown it into the light—that we should have one dedicated multi-agency specialist unit that manages terrorist offenders from their conviction until they are deemed no to longer be suitable for supervision in the community. It is the most sensible way to manage this. We have far too many hand-offs in the system at the moment.
We have this morning’s report into Joseph McCann, a manipulative psychopath who managed to disguise his dangerousness because of failures in the probation system— because of under-trained staff who were over-stressed and insufficiently curious. All those things will apply to terrorist offenders as well. Having a dedicated unit that understands in great detail the individual’s biography, their background and the antecedents, and that could help to establish a programme of treatment or intervention that is individualised to that person, seems to me to make sense in managing the risk.
Conor McGinn (St Helens North) (Lab)
Q
“the usual well-heeled, left-wheeled liberal rights activists”.
Neither the Chairman nor I could ever be accused of being one of those, and I do not oppose the Bill and the measures in it per se. However, as you have identified, it is important that the Bill receives scrutiny.
I was struck by something that you said about the Government’s approach to the Bill, which was that it was “populist”. Do you think that is at the expense of longer-term strategic thinking that could be contained in the Bill, particularly around things such as the Prevent strategy? The Bill removes the statutory deadline for reviewing that strategy. I suppose what am I asking is this: are the measures in the Bill serious and strategic and will they make a difference, or are they in keeping with a populist approach to these issues, as you have alluded to?
Professor Acheson: I was being quite flippant in that article, as you have to be if you write for The Spectator. The serious point is that there is no risk-free way to deal with this very dangerous, challenging topic; every way has risk. My small expert team and I sat and looked at separation units, and we argued for weeks about which was better: separation or dispersal of highly subversive, proselytising Islamist extremists. The focus was Islamism. In the end, we came to the view that separation centres would work as the least worst way of managing this phenomenon. The reason I mention this is that we are in a period of continuous evolution, and the law will need to be able to react to that.
They are not distinct, but we have an al-Qaeda generation of terrorists, from 2005 onwards, who are serving time—sometimes extremely long sentences—for organised plots, and we have an IS generation of much more oppositional terrorists, including lots of lone actors who have come along behind. Even looking at Islamist extremism as a group is very difficult. The answer to your question is that we have a good baseline for extending the amount of time that terrorists will serve in prison. We had an intolerable situation before, when it was quite clear that the system of supervision and the sentencing framework were broken; they let people such as Sudesh Amman out of custody. But we have to look at the quality as well as the quantity of what happens. The only way to do that is relentlessly to research what works.
Sometimes I am told by people, “There’s no evidence for what you’re saying.” I sometimes react to that by thinking, “That’s a kind of code for inertia, organisationally, or for timidity.” Sometimes we have to make the evidence. The point is that we have to take some risks. I am not sure whether separation centres will work or will continue to work. Mark Fairhurst eloquently made the point that there is a great deal of reluctance in the Prison Service to use them. There is some organisational resistance to the concept, and it is not simply about not being able to find the right people. A bureaucratic structure was built around selection for separation centres, which has made it all but impossible, frankly, for anybody to get in them.
Regarding separation centres and how the legislation needs to evolve, we need to make sure, as Mark has said, that there is sufficient capability for the extreme right-wing offenders who represent the biggest threat to be removed and completely incapacitated, breaking the psychological link between the “preacher” and his adherent. We will need to be continually alert and continually changing and challenging legislation in order to arrive at the best way of managing the evolving risk.
Conor McGinn
Q
Professor Acheson: I think there is a danger that we keep doing a Heath Robinson-type response. My critics will say, “Hold on, Ian, the Parole Board has specialist judges who sit on panels that consider terrorist offenders.” My response is: so what? Are they any better than the frontline prison officer who has been with an individual for four years, the psychiatrist who has been attached to that person’s journey, a forensic psychologist, the Security Service or the police? That is why I keep arguing that we need a completely separate way, philosophically and organisationally, of managing the risk. I am disappointed that that is not in the Bill, and that we are talking instead about skilling people up and giving them more training. I worry a little that that will continue to be exploited, given the number of hand-offs in the system.
Miss Dines
Q
Professor Acheson: You are quite right to call me out. I do not discount polygraphs entirely. I think they are perhaps a useful part of a more holistic approach to managing risk, but they are certainly no silver bullet. Again, we need highly skilled people who have been on a journey with these offenders, who understand them intimately, and who have been able to design interventions that speak to their plethora of needs, which I described earlier and are dealt with in a very individualised way. That is the way to crack this nut.
The Chair
I am really sorry. This is a very interesting session, but I have no choice but to cut it off at 10.25. Thank you very much for your evidence. Apologies to Members, but I have to do this.
Examination of Witness
Andrew Silke gave evidence.
The Chair
Good morning, Professor Silke. Will you introduce yourself and your organisation, please?
Professor Silke: I am Professor Andrew Silke, professor of terrorism, risk and resilience at Cranfield University.
Chris Philp
Q
Professor Silke: That is a crucial question. Probably one of the starting points—this has been touched on by some of the others who gave evidence—is how the UK sits in terms of the international approach to dealing with terrorism among violent extremist offenders. Overall, you would probably argue that the UK’s approach is seen as one of the better available approaches and enjoys what is seen internationally as a good success rate. I know that that is difficult to consider in the context of the attacks that took place in Streatham and London Bridge, but overall the UK’s system for dealing with terrorist prisoners is seen as one of the more effective ones available internationally.
Chris Philp
Q
Professor Silke: The approach has transformed a lot in the past 10 years. There has been a variety of ways in which it has changed. I am particularly looking at the approach in England and Wales here. First is the development of specialised risk assessment tools and frameworks for dealing with terrorist prisoners. There was recognition in the 2000s that the existing risk assessment tools did not work well with terrorist prisoners and that they needed something that was more specialised to more reliably assess risk with them. This led to the development of the extremism risk guidance 22+—the ERG—which is a bespoke risk assessment tool now used in England and Wales. In my view it has genuinely enhanced and transformed risk assessment for these prisoners, making it much more viable compared with what it had been prior to the introduction of this programme.
Tied into the development of the ERG has been the development of a number of interventions. The healthy identity intervention has already been mentioned, and desistance and disengagement has been flagged as well. The healthy identity intervention draws on the ERG, so the two of them are linked to some degree. HII has come in for criticism, but it is actually a much better intervention than perhaps it gets credit for. It tackles a lot of the issues that we are concerned about in terms of offender radicalisation. I have had the opportunity of being able to interview prisoners before and after they have gone on this programme, and certainly in many cases I have seen a transformational change in prisoners.
The other factor—this has also been raised in other testimony before the Committee—relates to post-release behaviour by prisoners. We have an extremely low reoffending rate for terrorist prisoners in the UK, which we should not dismiss out of hand. If we could get similarly low levels of reoffending for other types of offenders, we would be extremely happy.
Failures with interventions—such as a prisoner taking an intervention, being released and then reoffending—does not mean that the intervention itself is useless or ineffective in the majority of cases for people who use it. We should reflect that all the interventions used in the prison system, for a whole range of offences, have their failures. This does not mean that we should stop using them or abandon them or view them as unhelpful in the majority of cases.
Chris Philp
Q
Professor Silke: It is a complicated question. In general, I agree with Mark Fairhurst’s point that the potential for early release is an important incentive for behaviour in custody. If we lose the potential for early release, we are losing a tool from the toolbox, and we need to question whether that is sensible, or whether there are advantages in keeping it in some shape or form.
Does false compliance happen? Yes, it certainly does, but if we look at reoffending stats, compliance seems to be genuine in most cases. Nobody has a 100% effective intervention for dealing with these types of prisoner or any other type of prisoner, so we should never expect an intervention to be 100% accurate. However, the stats suggest that what is happening in prison with most terrorist prisoners is currently effective, and so if we are making changes to the regime and to the interventions, we need to have a careful think about what the knock-on consequences might be.
Personally, I prefer still to have the potential for early release at some stage as a tool in the toolbox for these serious offenders. I think it can make a difference in some cases. From my perspective, the Parole Board usually brings a serious and considered assessment of the available evidence in a particular case, which is often very welcome. Again, by removing that from the equation, are we losing something that has value?
Alex Cunningham
Q
Professor Silke: The problems are relatively new. My view is that they work far better than most members of the general public want to think. Again, the proof is in the very low reconviction rates that we see after people have been released. If it is working in the vast majority of cases, that is an encouraging sign. If there are failures, we need to look into that. One thing that the Bill does not do in its current format is try to identify what is different about the failures compared with the rest of the prisoners who are being released—what went wrong in their cases compared to the others? I am not sure that we are getting at that at the moment.
The evidence base around both risk assessment and interventions for terrorist prisoners is in development. It is massively better today than 10 years ago, and I think it will continue to improve. I know that the Ministry of Justice is involved in a range of programmes to improve the evidence base around ERG and healthy identity intervention, which I strongly welcome. Many Governments are involved in similar efforts overseas.
Alex Cunningham
Q
Professor Silke: That is a very good point. There are differences between very young offenders and the older, more established offenders, and I am not sure that that necessarily comes across strongly in the Bill. That is probably an area where our understanding is more limited than it should be. It needs more attention and research.
Alex Cunningham
Q
Professor Silke: One of the things we will need to do is refine it, in terms both of risk assessment and intervention, to tailor it more for younger offenders. At the moment, there is a question mark over whether what is currently available has young offenders firmly enough in its sights.
Kenny MacAskill
Q
Professor Silke: Honestly, I do not know enough about how it works to make an informed assessment of it. I am always cagey about anything indeterminate, which might imply indefinite detention. The advantage of having a fixed term, rather than something quite open-ended, is that at least you know exactly what you have to work with.
Kenny MacAskill
Q
Professor Silke: Polygraph testing is controversial—I think you have already had evidence on that—because it is not 100% accurate; there are errors in it. However, as I have already flagged, just because something is not 100% accurate, that does not mean that we should not use it.
Polygraph testing has a potential role to play in these cases. As an extra link in risk assessment and risk management, it could play a useful role. There has already been a commitment not to recall prisoners purely on the basis of a poor polygraph result. There would need to be additional information in order to justify that, and I think that is entirely sensible. There are potential benefits to using polygraphs within an enhanced framework, recognising that they do have their limits. I support the calls that are being made, if polygraphs are being introduced, for running a pilot programme first before implementing them across the estate.
Miss Dines
Q
Professor Silke: Yes, it is certainly more used in America than elsewhere. I am not intrinsically opposed to the use of the polygraph in these cases. I think there is a potential role that it can play. Obviously, it will need resourcing and appropriately trained and qualified people to run it. As I said, it can add an extra element to the risk assessment and risk management process, which can be useful.
Rob Butler
Q
Professor Silke: It stands even lower than 10%. For England and Wales, it is down to 3%. Really, when we talk about very low levels of reoffending for released terrorist prisoners, it is incredibly low. The vast majority of released terrorist prisoners will not re-engage in terrorism and will not be convicted for any future terrorist offences.
Rob Butler
Q
Professor Silke: The point there is that if we are going to be concerned about the potential risk of reoffending for any prisoner, we would then end up in a scenario where we release no prisoners. Risk for any prisoner being released for any type of offence is never zero.
Rob Butler
Q
Professor Silke: Sentences for terrorism can be long and, again, I am not opposed to that at all. One of the challenges we have is that we are imposing blanket long sentences across the board, when we know that the high-risk prisoners are a tiny minority of that group. One of the concerns I have with the Bill is that it does not distinguish; it is across the board. It would be nice if we could be more targeted and focused in terms of how we are identifying and managing the high-risk terrorist prisoners, as opposed to the entire group.
Bambos Charalambous (Enfield, Southgate) (Lab)
Q
Professor Silke: Far-right and Islamist-inspired terrorism remain the two dominant threats in England and Wales, but many will be aware that the most active group in the UK continues to be dissident republican terrorists in Northern Ireland. Looking ahead, what are we likely to see? That will tie into a whole range of different factors. One of the concerns many people have is what are the implications of dealing with the pandemic for terrorism trends going forward. There are concerns about increased radicalisation in certain quarters, but also pressures on criminal justice and other agencies in terms of budgets going forward and what potential impact that might have over the next four to five years.
The Chair
We have time for maybe one or two more questions, if anybody would like to ask one.
Ruth Cadbury
Q
Professor Silke: I am not a fan of TPIM. The main saving grace of the approach has been that they have been used sparingly, and that has been consistently the case from control orders onwards. That probably is their main saving grace: they are only used in a handful of cases. The problem is that it is punishment without conviction, which is always problematic in a system of justice such as the one we have. The changes proposed are similar to some that have existed in the past. I would encourage the Government in general to look at alternatives to TPIM. If we are in a case where we are talking about five or six individuals who are under those measures, are there not alternative arrangements that could be used to monitor or otherwise manage the risk associated with those individuals, apart from a TPIM approach?
The Chair
If there are no more questions, Professor Silke, thank you very much for your evidence. It has been very useful.
Ordered, That further consideration be now adjourned. (Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Fourth sitting)
Tuesday 30th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Chair
Members should feel free to take their jackets off if they are so inclined. We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available on the table. It is helpful to proceedings if hon. Members who want to push an amendment, other than the lead amendment in a group, to a vote could indicate that to me in advance. If they could supply your speaking notes to the Hansard reporters, I think they would be most grateful.
Clause 1
Offences aggravated by terrorist connection
Alex Cunningham (Stockton North) (Lab)
I beg to move amendment 35, in clause 1, page 1, line 8, at end insert—
“(ab) In subsection (3), after ‘if’ insert ‘the court has found beyond reasonable doubt that’”.
This amendment determines that a court must decide beyond reasonable doubt that an offence has a terrorist connection.
It is a pleasure to serve under your chairmanship yet again, Mr McCabe. Hansard should have our notes, as we have already forwarded them.
We support the Bill but, as hon. Members can see, we have identified some ways in which we believe it could be made better. We will get into the details of that over the coming weeks. Terror attacks have shaken this country: people have lost their lives; people have lost their livelihoods; loved ones have been lost; people have suffered life-changing injuries. Nothing we do or say in this House can bring back those people who have died or heal those people who have been so badly injured, but we can try to ensure that justice has been achieved.
In his speech on Second Reading, my right hon. Friend the Member for Tottenham (Mr Lammy) talked specifically about some of the terror incidents that we have seen in this country and the conclusions we can draw from them. Two possible conclusions were that prison sentences are not long enough and that deradicalisation programmes in prison are not working.
That is why Labour seek to work with the Government on this Bill, starting with amendment 35. We hope to make the case for why we believe there are some amendments that would improve the Bill. Ensuring that Government legislation does not discriminate unfairly against protected characteristics is a key part of what we will try to achieve throughout the process.
Terrorism is often conflated with Islamic extremism, yet the fastest-growing terrorist threat comes from the far right. We want to ensure that the legislation is fair and proportionate. It must go hand in hand with a coherent deradicalisation strategy alongside the Bill, working to minimise the risks of an offender committing further terrorism offences once they leave prison.
Many of the amendments that we will ask the Committee to consider are simply probing amendments to better understand the Government’s thinking, and to give the Minister more time to think about the different issues as we progress through this stage of the Bill. However, there are other amendments that we believe the Government should adopt, if the Bill is to achieve what it sets out to do and be seen to be fair. We will go further into the detail, but I hope we can have healthy and robust debate about how to move forward, and prove to the public out there that politicians from different parties can work together.
Amendment 35 determines that a court must decide “beyond reasonable doubt” that an offence has a terrorist connection. The purpose of this probing amendment is simply to clarify that the finding of a terrorist connection for the new offences that the Bill brings into scope will be subject to the same “criminal standard of proof” as is currently the case, and would effectively amend section 69(3) of the sentencing code, covering offences aggravated by terrorist connections.
We believe we should spell out in the Bill the need to ensure that there can be no reasonable doubt about the connection, because it can have serious ramifications for the offender and the legal system. The House of Commons Library briefing on the Bill states, under the provisions in clause 1:
“If the court determines that there was a terrorist connection, it must treat that as an aggravating factor when sentencing the offender. The presence of an aggravating factor may result in a higher sentence (within the statutory maximum) than would otherwise be the case.”
The Library briefing paper goes on to say:
“The finding of a terrorist connection can also trigger terrorist offender notification requirements and may result in the court ordering forfeiture in a wider range of cases.”
The briefing goes on:
“Such a finding also engages the restrictions on release contained”
in the Terrorist Offenders (Restriction of Early Release) Act 2020, which
“requires that all determinate terrorist or terrorism-related offenders must be referred to the Parole Board at the two thirds point of their sentence before they can be considered for release.”
The Bill’s equality statement acknowledges that
“Asian/British Asian and Muslim individuals within the Criminal Justice System (CJS) have been disproportionately affected by terrorism legislation relative to the percentage of Asian/British Asian and Muslim individuals in the total population.”
The equality statement goes on to the say that the provisions in the Bill are
“unlikely to result in indirect discrimination within the meaning of the Equality Act”.
However, the Lammy review highlighted evidence of disproportionate outcomes for BAME individuals at the sentencing stage and in decision making by judges and magistrates.
While the review found decision making by juries to be largely fair and proportionate, the same was not found when considering decision making by sentencers. That is relevant to the clause, given that the finding of a terrorist connection is at the discretion of the judge, taking account of any representations made by the prosecution or the defence. That is concerning, given the findings of the Lammy review, which are currently being discussed on the Floor of the House. We believe that BAME individuals may be at increased risk of discrimination, with their crime considered to have a terrorist connection.
Amendment 35 would amend section 69(3) of the sentencing code to require that the court must find “beyond reasonable doubt” that an offence has a terrorist connection. The House of Commons Library briefing paper, which colleagues will have read, says that clause 1 would
“greatly increase the number of non-terrorist offences that can be found to have a terrorist connection”,
whereas currently only specified offences can be found to have such a connection. The widening of what can be found to have a terrorist connection will, I fear, disproportionately affect ethnic minorities. That is why we must press the Minister on how he will guarantee decisions are made on the measure of “beyond reasonable doubt”.
There is also the question of what case law is used to guide sentencers as to what constitutes terrorism, as well as what constitutes a connection to it. Some of the commentators on the Bill are not entirely convinced about what the Government are trying to achieve. I can understand that, as there are already a lot of specific terrorism offences.
Unamended, the Bill seems to create the potential for sentencers to grow their own definitions, both of “terrorism” and “connection”. Can the Minister give examples of where the absence of the provision addressed in clause 1 has resulted in an injustice or an insufficient response? There are concerns that the provision could do more damage than anything else. A wrongfully determined terrorist connection could fuel or develop a grievance against the authorities that might not have existed before. We cannot ignore the impact a wrongful terrorism sentence would have on an individual’s life. We cannot take that sort of chance. We must be sure; we must be beyond reasonable doubt.
Taiwo Owatemi (Coventry North West) (Lab)
It is a pleasure to serve under your chairmanship, Mr McCabe. I share the concern expressed by my hon. Friend the Member for Stockton North in relation to the burden of proof and the potential implications of the Bill in disproportionately convicting ethnic minorities by widening the scope of what a terrorist connection is under this legislation.
This is a sensitive subject. Terrorism and the actions of extremists have instilled fear, caution and a sense of doubt in many communities across our country. An act of terror and of any extremist is abhorrent. Those individuals should indeed be brought before a court of law and tried for their crimes, not least because of their direct action causing injury, committing murder or traumatising those who come anywhere near their path and because of the wider implications that will be felt across the country and the world in our age of quick-fire communications and social media.
In my generation, I have seen this in how the Oklahoma bombing instilled fear; in how 9/11 changed the world; and in how 7/7 changed my perspective and that it could happen here at home. The murder of Lee Rigby proved that even those who protect us are not always safe. The slain nine churchgoers at Emmanuel African Methodist Church and the Manchester concert bombings showed that no one, even those in the most innocent of settings, is off limits. The hateful act of violence that took Jo Cox proved that our own political discourse has taken an awful turn.
These acts by rampant extremists and the murderous death toll that they leave behind, the radical ideas that brought them to this path and the many plots that have been foiled that we will never know about show us that these crime, or crimes yet to be committed, are heinous. They also prove that we must determine, as this amendment seeks to do, that these crimes or plots are not small and should be taken with the utmost seriousness.
I have three concerns about widening the terrorist connection provision under this legislation and lowering the burden of proof. First, we are leaving it to sentencers to determine their own definition of what constitutes a terrorist connection. Secondly, it creates a form of suction like a vacuum that will imprison even more ethnic minorities and put them behind bars under terrorist legislation which will see them lose their freedom longer than they need to. Thirdly, and even worse, it potentially radicalises them while they are in prison.
There is a danger, as seen in clause 1, that by allowing any offence to be capable of having a terrorist connection, one’s judgement will inevitably come into play. This punishment carries a sentence of two or more years. It would not be amiss to say that everyone holds biases, including those who administer our laws and hand down sentences. By widening the scope and effectively leaving it open to interpretation, the Government want us to believe that we will capture individuals who may have slipped through the net thus far as ordinary criminals or should have been convicted of terrorism. Can the Minister point us to data that back this assumption? The likelihood is that we will just imprison people for the sake of being seen to be attacking the issues of terrorism and extremism.
We are already aware that ethnic minorities are disproportionately sent to prison under our legal system. We are also acutely aware that black and Asian men, particularly those of Islamic faith, are more likely to be seen as threats and harbouring extremist views. The Lammy review conducted by my right hon. Friend the Member for Tottenham highlighted some concerns about how our criminal justice system sees these individuals. The odds of receiving a prison system were around 240% higher for black, Asian and minority ethnic offenders compared with white offenders. Research commissioned by the review also found that at the magistrates court, black, Asian, mixed and Chinese women were all more likely to be convicted than white women.
The number of Muslim prisoners has more than doubled over the past 17 years. In 2002, 5,502 Muslims were in prison. By 2019, this had risen to 13,341. While in prison, Muslim prisoners described having their faith viewed by prison authorities through a lens of risk, according to the research, which also found that prisoners believed that this put them at greater threat of being radicalised. Given the biases in the system and the extraordinary likelihood of women from ethnic minorities receiving a prison sentence, what do the Government think this legislation will mean for ethnic minorities? Do they really think that lowering the burden of proof and expanding the scope of what constitutes a terrorism offence will do anything to keep these young men and women away from the hands of those who wish to radicalise them?
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It is a pleasure to serve under your chairmanship, Mr McCabe, in our line-by-line consideration of the Bill. I thank the shadow Minister for his opening remarks, in which he expressed general support for the objectives of the Bill. I hope that we can, as he said, provide an example of constructive cross-party working, although I am sure he will have many questions about the detail. As the shadow Minister has said, and as the hon. Member for Coventry North West said in her speech, the threat that terrorism poses is a serious one, and one of our heaviest responsibilities as Members of Parliament is to protect our fellow citizens from such attacks, but in a way that is lawful, fair and just.
Amendment 35 seeks to specify a beyond-reasonable-doubt standard of proof in making the terrorist connection, as clause 1 does. I am happy to confirm for the shadow Minister that existing criminal court procedure already requires the criminal standard of proof to be met in making a determination of a terrorist connection, or indeed any finding of fact in relation to sentencing. If, after conviction by a jury, there is a finding of fact to be made by the judge prior to sentencing in what is known as a “Newton” hearing, under existing procedures the criminal standard of proof is applied. On the request that the shadow Minister and his colleagues make, I am happy to confirm that it is already inherent in the operation of our criminal justice system, and rightly so, for all the reasons that the shadow Minister and the hon. Member for Coventry North West have outlined. I trust that on the basis of that assurance they will see fit not to press the amendment, given that the provision they call for is already enshrined in law.
One further point: both the shadow Minister and the hon. Member for Coventry North West raised the question of what happens if the judge makes an error or exhibits some form of conscious or unconscious bias. That is extremely rare, but, if it did happen, there are of course appeal rights against both the sentence and any erroneous finding of fact associated with it. If a defendant or, by this point, an offender who has been convicted feels that the sentence is genuinely unfair or that an unfair determination has been made of a terrorist connection, they can appeal, so a safety mechanism by way of appeal also exists. I hope that on that basis the shadow Minister will not press the amendment to a vote.
Alex Cunningham
I am grateful to the Minister for his explanation. He believes that the matters are already covered in existing law, but perhaps he will accept that later in the Bill we will be discussing how we make sure that what has happened over a period of time has in fact demonstrated that the judges have got it right. In other words, we will revisit this matter with a view to seeking a form of review of how the legislation is working to ensure that we do not have the particular problems that might well be possible. I am also grateful to him for reminding us that in criminal proceedings we still have an appeal process in this country, and I am sure that that would operate appropriately. On the basis of what the Minister has said and on the basis that we will seek reassurance through a review process later in the Bill, I am content to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Cunningham
I beg to move amendment 36, in clause 1, page 3, line 30, at end insert—
‘(8) Before this section comes into force, the Secretary of State must commission an analysis of the impact of this section on people with protected characteristics, including but not limited to—
(a) the impact on people from minority faith groups, including the numbers received into prison and the length of the sentence served;
(b) the impact on people from BAME communities, including the numbers received into prison and the length of the sentence served; and
(c) the consequences of any disproportionate impact on people with protected characteristics on efforts by the prison authorities to rehabilitate prisoners convicted of terrorism offences.
(9) A copy of the analysis must be laid before both Houses of Parliament.”
This amendment requires the Secretary of State to commission an analysis of the equality impact of extending the ability of the court to identify a terrorism connection.
The Chair
With this it will be convenient to discuss amendment 42, in clause 21, page 18, line 23, at end insert—
‘(3) Before this section comes into force, the Secretary of State must conduct an analysis of the impact of this section on people with protected characteristics, including but not limited to—
(a) the impact on people from minority faith groups, including the numbers received into prison and the length of the sentence served;
(b) the impact on people from BAME communities, including the numbers received into prison and the length of the sentence served; and
(c) the consequences of any disproportionate impact on people with protected characteristics on efforts by the prison authorities to rehabilitate prisoners convicted of terrorism offences.
(4) A copy of the analysis must be laid before both Houses of Parliament.”
This amendment requires the Secretary of State to commission an analysis of the impact of extending sentences for offenders of particular concern on people with protected characteristics.
Alex Cunningham
These amendments would require the Secretary of State to commission an analysis of the impact of this section of the Bill before it comes into force on people with protected characteristics, as well as the consequences of any disproportionate impact on efforts by the prison authorities to rehabilitate prisoners convicted of terrorism offences. With this amendment, we seek to address the issue that was highlighted by the probing amendment and to clarify whether the same criminal standard of proof would apply to determining a terrorist connection for all offences, as is currently the case for listed offences. In particular, we seek to determine whether the clause may have a disproportionate impact on people from minority faith and BAME communities, including on the numbers who are received into prison and the length of the sentence served.
There are significant risks involved in expanding the number of individuals who fall under the provisions of separate terrorism legislation, particularly if the imposition of additional sanctions is seen as neither fair nor proportionate and is found to have a disproportionate impact on minority faith and BAME communities in particular. As I said during my speech on amendment 35, the equality statement on the Bill acknowledges that
“Asian/British Asian and Muslim individuals within the Criminal Justice System (CJS) have been disproportionately affected by terrorism legislation relative to the total percentage”
of those individuals “in the total population.”
In 2016, a Ministry of Justice study of Crown court decision making found that, under similar criminal circumstances, the odds of imprisonment for offenders from self-reported black, Asian, Chinese or other minority ethnic backgrounds were higher than for offenders from self-reported white backgrounds. My hon. Friend the Member for Coventry North West spelled that out in some detail.
Bambos Charalambous (Enfield, Southgate) (Lab)
I do not know whether my hon. Friend was in the Chamber to hear the urgent question asked by my right hon. Friend the Member for Tottenham about the Lammy review, but he pointed out that, when the review was done in 2017, the proportion of BAME people in prison was 41%; it is now 51%. Does my hon. Friend have any thoughts about that?
Alex Cunningham
Unfortunately, I was not in the Chamber for that statement, but I bow to the superior knowledge of my boss and my Whip on this matter. It is absolutely essential that we never lose sight of the facts that my hon. Friend has just outlined.
Unfortunately, when it comes to magistrates courts, systematic scrutiny of magistrates’ decisions is hindered by the absence of reliable data collected on a number of key issues. For example, magistrates courts keep no systematic information about whether defendants plead guilty or not guilty, although there are similar disparities at the Crown court level. Magistrates courts also do not keep proper records of defendants’ legal representation, which means that no one knows whether particular ethnic groups are more or less likely to appear in court facing criminal charges without a lawyer.
The cliché suggests we are all equal under the law, but it would be foolish to deny that our justice system has a certain bias. We must make sure that when we amend or introduce legislation, we do so with our eyes and ears open. Particular attention needs to be paid to the equality impact of the Bill, to ensure that the House is as informed as possible about its impact. We must also ensure that the provisions do not have a disproportionate effect on minority faith or racial groups.
During the oral evidence session, one of my questions was to Peter Dawson from the Prison Reform Trust. We talked about the expansion of sentences for offenders of particular concern and how they would work. Peter Dawson said in written evidence:
“The expansion of SOPCs and the expansion of the number of offences able to be identified as having a ‘terrorist connection’ will need careful monitoring for their impact on prison security and on people from minority faith and ethnic communities”.
I asked:
“How can we improve the Bill to achieve that careful monitoring?”
Mr Dawson replied:
“It may not be something that the Bill can achieve, but I think it is reasonable to ask the Government, after the Bill becomes law, to provide a report on what the impact has been. I entirely take the point that the nature of terrorism at the moment means that certain communities are likely to be more heavily represented, but the point is that all criminal justice agencies need to go beyond that to guard against the unconscious bias that will otherwise creep in.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 38, Q88.]
Other witnesses talked about similar things during the evidence sessions. It is important that we do not lose sight of that.
Along with the expansion of sentences for offenders of particular concern, the clause has the potential to increase significantly the number of individuals in prison who are subject to separate terrorist sentencing. Many of those individuals are vulnerable to radicalisation and they have experienced a steady accumulation of institutional discrimination.
The danger with these provisions is that they could create a significant population of individuals in prison and under supervision in the community who will receive longer sentences and be subject to more onerous and lengthy supervision requirements and forfeiture orders than others who may have received shorter sentences for equivalent offences because the terrorist connection to their offence has not been identified.
That could place those individuals at greater risk from people who would seek to exploit that sense of grievance, in order to radicalise them in support of an extremist ideology. It could also undermine the effective management and supervision of this group in prison, increasing the currently small number of people designated as terrorism offenders to a substantial proportion of the population. This morning, we heard from a representative of the Prison Officers Association, who talked in some detail about the difficulties that prison officers now face in trying to manage particular groups in the prison establishment.
It is right that we commission analysis of the impact of our legislation and if such an analysis proves that there is a disproportionate impact on certain groups, Ministers need to act to correct any discrimination and, if required, change the law. Amendment 42 would require the Secretary of State to commission analysis of the impact of extending sentences for offenders, which is a particular concern regarding people with protected characteristics, and for that analysis to be laid before Parliament before the section comes into force.
Clause 21 replaces schedule 13 of the sentencing code, with the schedule set out in schedule 6 to the Bill. That schedule lists offences that require the imposition of an SOPC where an extended sentence or life sentence is not imposed. This will bring a wider number of offences into the SOPC regime, removing the possibility of those committing such offences from being eligible for a standard determinate sentence. That would mean that only the most minor terrorism offences—those with a maximum sentence of two years or less—would not require an SOPC where an extended determinate sentence is not imposed.
The Bill will also create new sentences—the equivalent of an SOPC for adult offenders in Scotland and Northern Ireland, and for under-18s throughout the UK. Clause 21 addresses a problem created by the TORER Act, which made all terrorist offenders serving a custodial sentence eligible for release two thirds of the way through their sentence, subject to the discretion of the Parole Board. There remained an issue with offenders who were not granted a release until the end of their sentence, and who, as a result, would be released into the community without any form of supervision. The amendment would address this anomaly by requiring that terrorist offenders in the UK would have a minimum period of supervision on licence of 12 months following release, even if they serve the full custodial part of their sentence in custody.
The combined impact of the TORER Act and the provisions of this clause, along with the provisions of clause 1 that allow for the court to determine a terrorist connection for any offence, is to significantly increase the number of individuals subject to separate and more onerous terrorist-sentencing legislation. This includes a longer period in custody, release subject to the discretion of the Parole Board, and a minimum 12 months’ supervision in the community.
There are significant risks involved in increasing the number of individuals who fall under the provisions of a harsher sentencing regime, particularly if the imposition of additional sanctions is seen as being neither fair nor proportionate, and is found, as I have said, to have a disproportionate impact on minority, faith, and BAME communities in particular.
The amendment also seeks to determine the consequences of any disproportionate impact on people with protected characteristics of efforts by the prison authorities to rehabilitate offenders convicted of terrorism offences. Many of those vulnerable to radicalisation have experienced a steady accumulation of institutional discrimination. The danger with the provisions is that they could create a significant population of individuals in prison and under supervision in the community who will receive longer sentences and who will be subject to those more onerous and lengthy supervision requirements than others who receive shorter sentences for equivalent offences. I have already covered that point. That could place them at greater risk from people who seek to exploit that sense of grievance to radicalise them in support of an extremist ideology. It could also undermine the effective management and supervision of this group in prison by increasing a currently small number of people designated as terrorism offenders to a substantial proportion of the prison population.
Chris Philp
I thank the shadow Minister for his detailed exposition of some of the risks that we must seek to navigate and overcome. For justice to function, we must make sure that it is truly even-handed and fair in assessing anyone who comes before the court, regardless of their background, race or religion.
Taiwo Owatemi
Is the Minister not concerned that, without proper consideration of the impact of the Bill on many BAME communities, relationships between these communities and authorities may worsen?
Chris Philp
Let me come on to that point, which is the substance of the amendment. The amendment calls for an assessment prior to the clause coming into effect; it does not ask for an assessment afterwards but beforehand. I submit to the Committee that the impact assessment published with the Bill and the accompanying equality statement, which looks specifically at questions of racial and religious discrimination—or the potential for those things to happen—has already thoroughly analysed the Bill’s potential impact. That detailed analysis, which obviously included a review by Government lawyers and others, concluded that nothing in the Bill would unlawfully discriminate against people of a particular ethnic or religious background within the meaning of the Equality Act 2010.
Of course, the provisions in the Bill are simply based on a measure of criminality—has somebody committed a specified offence? Is there a terrorist connection? Nothing in any of those provisions is biased for or against anyone from any particular background, as is the case with all laws that Parliament passes.
Alex Cunningham
The Minister says that nothing in the Bill would lead to further discrimination. I should hope that that would be the case for any legislation we pass. However, the fact remains that there are certain groups within our society—BAME and other groups—who are disproportionately disadvantaged in the legal system. The amendment asks the Minister to recognise that there could be even more of that as a direct result of the provisions of the Bill.
Chris Philp
Where there are concerns of the nature of those raised in the Lammy review, which I think the shadow Minister or the hon. Member for Coventry North West mentioned earlier, the Government are committed to responding to those. Indeed, in a sense, we are in the wrong room in Parliament today to raise that, because there was an urgent question earlier on exactly that topic, to which the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk) responded.
The Government are committed to acting in response to the Lammy review to make sure that no unconscious biases discriminate against any particular group. I have not had a chance to read the Hansard of the debate, and I suspect the shadow Minister has not either, but based on the conversations that I have heard taking place in the Ministry of Justice, I think that the Government generally and the Ministry of Justice in particular are committed to taking action where needed. I would have expected the response of my hon. Friend the Member for Cheltenham to the urgent question an hour or two ago to have confirmed that.
Alex Cunningham
The fact remains that the Lammy review talked about a whole range of provisions that were supposed to be implemented, but very few of them have been. Some have been partially implemented and others have not. Can the Minister simply accept that we are failing as a Government and a Parliament to ensure that discrimination does not exist in our system? We are simply not taking the action to do that. Does he further accept that the more legislation we have where particular groups of people, BAME or otherwise, feel that they are being discriminated against, the greater the discord in society?
Chris Philp
Recent events obviously tell us how important it is to maintain social cohesion and confidence in the criminal justice system. The hon. Gentleman raises a point that goes far beyond the scope of the Bill, but it is a fair point none the less. If he listens to what my hon. Friend the Member for Cheltenham, my fellow Justice Minister, said in the House of Commons Chamber earlier, he will see that the Government are resolved to act where necessary to address issues of that kind.
The substance of the Bill is obviously public protection. It makes no distinction between any kind of terrorism, whether rooted in a twisted religious ideology or a far-right ideology, or terrorist acts committed for any other reason. The Bill, as with all Bills, as the hon. Gentleman says, is even-handed between different kinds of offence and different kinds of offenders. Where we need to do more systemically, not just in relation to the Bill but across the whole range of the criminal justice system, to make sure that everybody gets a fair hearing and fair treatment, the Government will do that. I hope that the response of my hon. Friend the Member for Cheltenham to the urgent question earlier will give assurance on that point. No doubt there will be many more opportunities to debate it.
Chris Philp
On the specific question of amendment 36 to clause 1 and amendment 42 to clause 21, which call for an impact assessment prior to the commencement of those clauses, I repeat what I said earlier. We have already done that. It has been published as the impact assessment together with the Bill and the equality statement that went with it. The obligation being requested by the amendments has already been discharged, but of course we must remain mindful, as the shadow Minister eloquently said, of potential unconscious biases. We must be vigilant and make sure that our justice system is not in any way besmirched by them. I am confident that the measures my hon. Friend the Member for Cheltenham laid out earlier will achieve that.
Alex Cunningham
I am sorry that the Minister would not give way, because I wanted to press him on that particular matter. We have several days of debate, so we have plenty of time to deal with these issues. It is a bit disappointing.
Chris Philp
I apologise; I did not realise that the hon. Gentleman was trying to intervene. Had I realised, I would, of course, have given way.
Alex Cunningham
Fair enough; I accept that.
The Minister was talking about how the Bill is important for public protection and I agree. It is essential to protect the interests of the public, but if the Bill results in a growing number of terrorists in prison, and if we are releasing into the community people who are still radicalised—or even new people who they managed to radicalise when they were in prison—perhaps public protection will not gain in the way that the Government hope.
I accept the Minister’s statement that he believes the law covers that, but I am disappointed that we cannot accept that a review, although it might cost a few pounds and take some time to commission, would at least give us some information to enable us to understand how well or how badly the legislation is working. I accept what he said, however, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We touched on many of the purposes of clause 1 in our debate on amendments 35 and 36. Very briefly, clause 1 seeks to give judges the power to make a factual finding after conviction that a particular offence has a terrorist connection, to the standard of proof beyond reasonable doubt, as has been discussed, rather than simply referring to a fixed schedule of offences. If, for example, somebody commits an offence that is a serious offence but is not currently on the list of terrorist offences, the finding of terrorist connection can none the less be made. That has consequences in the rest of the Bill, and we will debate them in due course.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 2
Meaning of “serious terrorism offence”: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
The purpose of clause 2 is to create new categories of offences in relation to the new serious terrorism sentences. It defines the meaning of a “serious terrorism offence” in England and Wales, so that a sentencing court can establish whether an offender has committed a qualifying offence for the purpose of applying the serious terrorism sentence, which we will discuss more in due course.
The clause will amend section 306 of the sentencing code to include a new category of serious terrorism offence, with two subsets of offences: those in part 1 of schedule 17A, which specifies offences with a life penalty that are terrorist or terrorist-related; and those in part 2, which specifies offences with a life penalty that may be found to have a designated terrorist connection further to section 69 of the sentencing code, as amended.
Clause 2 inserts new schedule 17A into the sentencing code that is currently making its way through Parliament, so that those offences can be identified as serious terrorism offences by the sentencing court for the purposes of setting a serious terrorism sentence or, alternatively, an extended sentence.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 3
Offences relevant for provisions of this Act relating to Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 3 has essentially the same purpose as clause 2. Clause 2 applied to England and Wales; clause 3 does essentially the same thing in relation to Northern Ireland, by amending article 12 of the Criminal Justice (Northern Ireland) Order 2008.
Conor McGinn (St Helens North) (Lab)
There is a specific point on this and some other measures in this Bill pertaining to Northern Ireland: they will require a legislative consent motion in the Northern Ireland Assembly. To start as we mean to go on, and so that I do not have to ask the Minister this at every juncture, will he outline what representations he has received from the Northern Ireland Executive, specifically the Justice Minister? For the benefit of the Committee, will he also set out what it means to have to go through the legislative consent motion process?
Chris Philp
Under the Sewel convention, where a provision in UK legislation touches on a matter that is devolved to one of the nations of the United Kingdom, one applies for a legislative consent motion. Most of the Bill, relating as it does to terrorist offences, is reserved to the UK Government, but some relatively limited elements of it touch on matters that are ordinarily devolved. For them, we will of course seek a legislative consent motion under the Sewel convention. In that context, we have made contact with the Scottish Government in Holyrood and with the Northern Ireland Administration—in particular, with Justice Minister Naomi Long. We have entered into fairly extensive correspondence, which is ongoing, about the provisions in the Bill. The Justice Minister in Northern Ireland has raised various matters, which she has asked questions about, asked for clarification about and wanted to discuss further. Those discussions and that correspondence are ongoing.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Clause 4
Serious terrorism sentence for adults aged under 21: England and Wales
Alex Cunningham
I beg to move amendment 37, in clause 4, page 5, line 32, at end insert—
“(7) The pre-sentence report must—
(a) take account of the offender’s age;
(b) consider whether options other than a serious terrorism sentence might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.
(8) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (7) and consider whether they constitute exceptional circumstances under subsection (2).”
The Chair
With this it will be convenient to discuss the following:
Amendment 45, in clause 6, page 9, line 20, leave out subsection (11) and insert—
“(11) In forming an opinion for the purposes of subsections (1)(d) and (6), the court must consider a report by a relevant officer of a local authority about the offender and the offender’s circumstances.
(11A) Where the offender is under 21 years of age, the report must—
(a) take account of the offender’s age; and
(b) consider whether options other than a serious terrorism sentence might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender;
and the court must take these factors into account when forming its opinion under subsection (6).
(11B) In considering the report, the court must, if it thinks it necessary, hear the relevant officer.”
Amendment 46, in clause 7, page 10, line 13, at end insert—
“(2A) Where the offender is under the age of 21, in forming an opinion for the purposes of paragraph (2), the court must consider and take into account a pre-sentence report within the meaning of Article 4 which must—
(a) take account of the offender’s age; and
(b) consider whether options other than a serious terrorism sentence might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.”
Alex Cunningham
I am sure that these amendments come as no surprise to the Minister and other members of the Committee, given my interrogation of our witnesses during the oral evidence sessions over the past few days. This area needs particular attention from the Government, and I intend to press the amendment to a vote—unless, of course, the Minister comes up with an appropriate answer. On the basis of all this kindly co-operation and friendliness that we are sharing, and our intention to prove to the public that we can work across parties, perhaps he might surprise me a little.
Amendment 37 would require that when a court considers a serious terrorism sentence for a young adult under the age of 21, the pre-sentence report must take account of the offender’s age and consider options other than a serious terrorism sentence for rehabilitation and reducing harm. It means that the court must also take into account the issues raised in the pre-sentence report and whether it constitutes exceptional circumstances under proposed new section 268B(2).
We need a basic recognition in the Bill’s sentencing framework that, simply put, young adults and adults are inherently different, not only in terms of maturity, but in their potential for rehabilitation. Regarding the level of maturity, numerous organisations, such as the Howard League, have advocated for this proposal. It has been recognised in reviews such as the Lammy review, and by the Justice Committee. Why is it not recognised in the Bill?
As we have said from the outset, serious terrorist offences deserve a serious sentence, but it is still important to consider the age of the offender when other offences of a non-terrorist nature are committed. Although the amendment is specific to under 21s, in line with the Bill, evidence of maturation suggests that young adults up to the age of 25 ought to be considered as a separate group requiring a distinct response from criminal justice agencies.
The work in this area continues apace, and I have no doubt that Ministers may well have to address their approach to all manner of sentences for people up to the age of 25 when we can all be satisfied that the science proves, beyond reasonable doubt, that they ought to be treated differently. We had a considerable amount of evidence on that. I asked Peter Dawson from the Prison Reform Trust for his view on the different factors relating to young people. He said:
“The Bill should have a different sentencing framework for children and for young adults. At the moment, the law defines a young adult as someone aged between 18 and 20. It is not for this Bill to do, but at some point that should change to between 18 and 24.”
I think that is his opinion. He continued:
“At least taking account of the detention in a young offender institution provisions would allow some recognition of the fact that young adults are different from more mature people.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 34, Q75.]
We also discussed that issue with Jonathan Hall, the Independent Reviewer of Terrorism Legislation, who said that the point he was making was that
“there is recognition that people who are young and immature are probably more susceptible to change than adults.” —[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 10, Q15.]
I asked him whether the bottom line was that with young people, there was perhaps a greater chance of change; he had said that there might be greater opportunity for reform than with those who are considerably older. Mr Hall responded:
“That is what judges are increasingly finding.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 10, Q16.]
I want to refer to a little more of Jonathan Hall’s evidence. He said that he believed that a younger person dimension needed to be considered in the Bill:
“One of the final points I make in my note about removing the Parole Board’s role is that, again, if it is right that children are more likely to change, and as a matter, perhaps, of fairness, one ought to give them the opportunity, then removing the opportunity to say, at the halfway or two-thirds point, ‘I have now genuinely changed; that was me then and this is me now,’ where it can be shown to the satisfaction of the Parole Board, does seem a little bit—I would not necessarily say ‘unfair’, but it fails to recognise the difference between adults and children.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 11, Q18.]
The current science and evidence tend to relate to people under 21, some of whom are a long way from full maturity. Analysis from the Royal College of Psychiatrists states that in terms of brain physiology, the development of traits such as maturity and susceptibility to peer pressure appear to continue until at least the mid-20s. That view was supported by the Justice Committee, which reported in 2016 that the growing body of evidence drawing on criminological, neurological and psychological research had led the Committee to conclude that young adults’ characteristics and needs made them distinct from older adults in terms of both their needs and their outcomes. There is no distinction in the Bill that recognises what the Justice Committee had to say.
The “Judging Maturity” report by the Howard League for Penal Reform also cited research that found the following:
“For the purposes of informing sentencing practice, the neurological and psychological evidence that development of the frontal lobes of the brain does not cease until around 25 years old is particularly compelling. It is this area of the brain which helps to regulate decision-making and the control of impulses that underpins criminal behaviour.”
As the Minister knows, I support trusting the experts where there is a significant trend. The trend of opinion from experts seems to be that we need to recognise the differences in maturity and development of young adults. In 2016, the Justice Committee reported:
“Dealing effectively with young adults while the brain is still developing is crucial for them in making successful transitions to a crime-free adulthood.”
Research into the success of interventions aimed at tackling radicalisation suggests that approaches that encourage young people to engage in education and training may be particularly beneficial, and that early interventions to encourage young people to undertake that education and training can be capable of successfully challenging radicalisation.
We talk a lot about rehabilitation, but we do not do enough of it. Labour Members do not want young offenders to be condemned to a life with no opportunity for rehabilitation when it has been reported to be successful in early adulthood. We can reform and rehabilitate, but doing so is a choice.
Bambos Charalambous
My hon. Friend is making an excellent speech on this point. On the point about young people’s brains still developing, there is potential for grooming and undue influence by adults. With the Justice Committee, I visited a young offenders institution in Kent, where a young woman who was being held for terrorism offences had been influenced by her mother. Will he comment on that?
Alex Cunningham
Indeed, that is very much the case. I am grateful to my hon. Friend, because he reminds me of some evidence we heard this morning about young people being more susceptible to being radicalised. Another important point raised this morning was that our prison system is not yet properly equipped to deal with young offenders in a suitable environment that prevents radicalisation. They are housed—wherever they are—with people who have committed similar offences, who will be aiming to build on their insecurities and their immaturity to encourage them into further wrongdoing. We must never lose sight of that important point. That is why I will talk about young people throughout our proceedings on the Bill, because young people have to be given a chance.
I will talk about this later, but if a 20-year-old is sentenced to14 years in prison, that will make them 34 on their release. Add another 25 years to that, and they are almost pensioners before they are clear of the shackles of the state. They have not been given the opportunity to reform, because they are constantly looking over their shoulder, perhaps with an attitude of, “Why on earth should I change when the authorities are always on my back?”
Julie Marson (Hertford and Stortford) (Con)
We talk about children as victims in this context, but the experts who gave evidence told us that these young people are also extremely dangerous. They said that rehabilitation is extremely important—of course that can take place in prisons—but that sentencing has other objectives, such as the protection of the public, including young people walking the streets who also deserve the protection of the law.
Alex Cunningham
The hon. Lady is entirely correct. We must, first and foremost, protect the public. We need to understand that we may never be able to rehabilitate some young people, and they may be a problem to society for the rest of their lives. However, there will also be young people in the system who have done some horrible, terrible and tragic things but who can be rehabilitated and recognise that they got it wrong. They should be given the opportunity to live their life to its full extent.
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under your chairmanship, Mr McCabe. I rise in support of amendments 37, 45 and 46, standing in the name of my hon. Friend the Member for Stockton North. I want to cover some general principles in what is my first opportunity to speak in this Bill Committee. Like the Government, we are committed to keeping the public safe and we share the desire to ensure that attacks such as those at Fishmongers’ Hall and in Streatham never happen again—attacks where convicted but released terrorists were able to kill and maim innocent people.
We recognise the importance of adequate and appropriate punishment in sentencing, but punishment and sentencing must go alongside rehabilitation. As my right hon. Friend the Member for Tottenham said on Second Reading:
“We must not lose faith in the power of redemption—the ability of people to renounce the darkest chapters of their lives and move towards the light.”—[Official Report, 9 June 2020; Vol. 677, c. 213.].
For that, those offenders need an effective deradicalisation programme tailored to their motivation and circumstances, and they need hope—hope that before too long they can rejoin their family; that they can get meaningful work. They could even steer others away from the path they took before. I point out that programmes have operated in prisons in Northern Ireland with convicted paramilitaries on both sides of the troubles. In the later years of the troubles, those men became beacons of peace and reconciliation, educating young people towards positive paths.
Some contributions on Second Reading sometimes felt like support for a policy that almost veered on “Lock ’em up and throw away the key”. However, as many submissions and expert witnesses to this Committee have said, removing hope from these offenders and the opportunity to prove they are safe does not make the rest of us safer. I might add, even locking up people indefinitely, as the hon. Member for Hertford and Stortford said earlier, does not protect us anyway. It does not prevent them from radicalising others. It spawns martyrs, not to mention the cost to the public purse of incarcerating prisoners for ever longer periods. As we heard this morning from the Prison Officers Association, there is also the danger to prison officers of attacks from angry men who have no hope of release in the foreseeable future.
I fear that some aspects of the Bill are born from a reaction to the terrorist atrocities in the last seven months and have been brought in without due research into what might work to further reduce the risk of attack from radicalised individuals, whether they are of a Daesh/ISIS persuasion, from the far right or, as a number of terrorists in the UK still are, rogue Irish paramilitaries.
The Fishmongers’ Hall and Streatham attacks were both committed by offenders who had been released automatically halfway through their sentence with no involvement of the Parole Board. Of course, with Labour support, the Government have now brought in the Terrorist Offenders (Restriction of Early Release) Act 2020, which ends the automatic early release of terrorist offenders and ensures that any release before the end of a sentence is dependent on a thorough risk assessment by the Parole Board. I am therefore not quite sure why the Government want to take the Parole Board out of sentencing now, without any adequate alternative provision being put in place.
Before I make some specific remarks, Dave, the father of Jack Merritt, who was killed in the Fishmongers’ Hall attack, wrote poignantly about how his son would have perceived the political reaction to his death, because of course Jack Merritt worked in the criminal justice system on the rehabilitation of offenders. Dave wrote:
“What Jack would want from this is for all of us to walk through the door he has booted down, in his black Doc Martens. That door opens up a world where we do not lock up and throw away the key. Where we do not give indeterminate sentences, or convict people on joint enterprise. Where we do not slash prison budgets, and where we focus on rehabilitation not revenge. Where we do not consistently undermine our public services, the lifeline of our nation. Jack believed in the inherent goodness of humanity, and felt a deep social responsibility to protect that.”
As I said, I support the amendments in the name of my hon. Friend the Member for Stockton South—
Ruth Cadbury
My apologies.
Amendments 37, 45 and 46 relate to under-21s. I wish that they went a little older, possibly to 25, because they consider the issue of maturity. I declare a certain interest because for many years I was a trustee and, latterly, the chair of the Barrow Cadbury Trust, which initiated and funded the Transition to Adulthood Alliance about 15 years ago. Over a number of years, the alliance worked with a number of non-governmental organisations, the Ministry of Justice, Ministers, Opposition Members and so on to the point where maturity has now been introduced into sentencing practice and several other areas of the criminal justice system. I fear that we are going to lose that in this Bill.
When considering maturity, it is really important that we work on the basis of all the research that my hon. Friend the Member for Stockton North mentioned and use that research to reduce the risk of serious harm to members of the public and to enhance the rehabilitation of the offender. The Committee has heard powerful evidence, particularly this morning, about the different motivations that people have for becoming terrorists or terrorist sympathisers, such as political, religious or psychiatric.
Sentences and rehabilitation must take account of the different motivations of different offenders. As we heard this morning, we probably also need to have tailored support, which needs to come into the pre-sentencing reports. One of the amendments says that the court must also take account of reports from local authority officers who have worked with the offender prior to the point of considering sentencing.
Alex Cunningham
I thank my hon. Friend for her comprehensive speech. She talks about resources and specialised facilities. The evidence we heard from some people in earlier sittings suggests that the system is not fit for purpose. Would she welcome from the Minister, as I would, a statement about how the Government will ensure proper provision for rehabilitation in our prison system?
Ruth Cadbury
I absolutely agree with my hon. Friend. As others have said, it would have been better if there had been proper risk assessments of a number of aspects of the Bill, because many clauses do not seem to be evidence-based. We know that we have funding problems within the prison system. We know that we have, as we heard this morning, disjoints between various elements of the course through the system for offenders. There is an awful lot of work to do, and there are a number of respects in which I do not feel that the Bill is fit for purpose. It would have been better if it had been based on proper evidence of what works to reduce the threat to the public and improve rehabilitation.
Children have long been treated differently in sentencing considerations, and the amendments would enable particular considerations for young adults, particularly of their maturity. Mr Hall, the independent reviewer, was concerned that, unless these considerations are taken into account, we risk locking people up for too long, building bitterness and a refusal to engage in the prison system, and actually, on eventual release, potentially a greater risk. He considered that longer and more punitive sentences do not in themselves ensure that people are less dangerous on release, and that while extending sentences for serious offenders may, of course, keep them out of our harm’s way for a temporary period, we do not want them to leave prison more dangerous than when they entered.
Early release provides prisoners with the incentive to behave and show that they are capable of reform. We heard powerful evidence that prison staff are at increased risk of harm where hope is lost. As my hon. Friend the Member for Stockton North said, many studies show that young terrorist offenders are much more likely to reform than older offenders, yet the Bill treats a young adult who has just turned 18 the same as an older offender. Are the Secretary of State and the Minister concerned that the Bill effectively gives up on those offenders?
We need to look at the evidence, not the tabloids. We need a flexible response that is offender-based, and it must be tailored. If we really want to enable rehabilitation and reduce the harm to the public, I hope that the Minister will consider the amendment.
Chris Philp
I will speak to the amendments relating to younger offenders. There are a couple of things to be clear about first of all. For the sake of absolute clarity, offenders who are under the age of 18 are not subject to the 14-year minimum prison sentence. Only offenders over the age of 18 are subject to those provisions. The amendments relate to offenders aged between 18 and 21, so we are discussing a very specific cohort.
I agree and concur with many points that the shadow Minister and the hon. Member for Brentford and Isleworth made about rehabilitation, and about the increased opportunity for rehabilitation for younger people. It is of course the case that younger people are more open to change—particularly as their brains mature—than older people, and it is right that we try to work with them to achieve that. I would not dispute that as a general principle, but clause 4 as drafted applies to an extremely small subsection of those offenders aged between 18 and 21. It by no means applies to the generality of offenders, including terrorist offenders, aged 18 to 21. It applies to that narrow subsection who have committed a serious terrorist offence, as we have discussed already, but it also requires a finding by the judge, following a pre-sentence report—something the shadow Minister referred to in his amendment and in his speech—of dangerousness. What a finding of dangerousness means in law is that there is a significant risk of the offender causing serious harm by committing further serious terrorism or other specified offences.
There are already two hurdles to jump: a serious terrorist offence, followed by a finding of dangerousness based on a pre-sentence report. However, there is also a third hurdle that must be jumped before a younger offender aged 18 to 21 would fall into the scope of this clause, which is that, at the time of committing the offence. they were aware, or should have been aware, that their offence was very likely to result in or contribute to multiple deaths. That is a well-established test dating back to section 1 of the Terrorism Act 2000. We are talking about an extremely small subsection of offenders aged 18 to 21 and a very small subsection even of terrorist offenders—those who meet all three of those criteria.
Alex Cunningham
I wonder whether it really is true that it is such a small cohort of offenders, because the Bill opens up the number of offences that can be considered severe enough for this sentence to be passed. There may currently be very few, but this new law extends the offences quite considerably—in fact, in some ways, it leaves it quite open for people to determine that a terrorist offence or a terrorist connection is involved. Surely there is more opportunity now for people to be serving this sort of sentence.
Chris Philp
The provisions open it up for judges to make a finding of a terrorist connection, but the impact assessment for the Bill refers to a potential increase in the prison population of 50 people. Of course, that is for all ages over 18; if we consider how many of those estimated additional 50 places might be occupied by people aged between 18 and 21, one might reasonably assume that the number at any one time will certainly be less than 10 and possibly even less than five. That is an estimate, but none the less, it appears in the impact assessment.
Alex Cunningham
It might be helpful, as the Bill progresses, if the Minister could publish some of the facts and the evidence for the claim he has just made about the 50 people and the relatively small number of younger people.
Chris Philp
I think the number 50 appears in the impact assessment, and I would be happy to look into the basis for that estimate. As for the number of younger people, that was something that I spontaneously generated, based on the fact that we are talking about a three-year range from 18 to 21, whereas the number of offenders will generally cover all ages, from 18 upwards.
The point I am making is that, while I accept the generality of what the shadow Minister and the hon. Member for Brentford and Isleworth say about the need to have hope and to have an opportunity to rehabilitate, we are talking about a very small number of very serious offenders, who have been assessed as dangerous following a pre-sentence report and who have engaged in activity likely to cause multiple deaths. In those very serious circumstances, I think it is appropriate, and I think the public would also think it is appropriate, that we protect the public for an extended period, as this Bill does.
If we are talking about other offenders, including terrorist offenders who do not meet that level of seriousness—there are many—all the comments made about rehabilitation and the chance to reform do legitimately apply. Indeed, we heard in evidence earlier today that the proven reoffending rate on release for that sort of offender is between 5% and 10%, which is an extraordinarily low figure compared with other cohorts. That suggests that the rehabilitation work done in prison is effective, as I think our last witness this morning suggested.
It is important, given the assessment of dangerousness that is made, that the pre-sentence report fully reflects the offender’s ability to change and the changes to the brain and so on that take place around the early 20s. That is a point that my hon. Friend the Member for Aylesbury, who is not with us this afternoon as he is attending the Justice Committee, has made to me. I will discuss with the Minister of State, Ministry of Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer)—I would not like to get my north, south, east and west muddled up—who is the prisons and probation Minister, whether there is any more we can do to make sure that these pre-sentence reports fully reflect the points that the shadow Minister and the hon. Member for Brentford and Isleworth have made about people’s ability to change. Those points are relevant in the context of assessing dangerousness, because if someone is undergoing changes, they may be less dangerous than someone who is fixed in their ways. I will take up that point with my hon. and learned Friend.
Alex Cunningham
The Minister may well be considering whether he is prepared to take the risk with this small cohort of people. As my hon. Friend the Member for Brentford and Isleworth outlined earlier, these individuals, who could reach middle age before there is any prospect of the state being off their back, are susceptible to further radicalisation in prison and might radicalise others. Surely, therefore, there is an element of risk that needs to be considered so that we can try to balance things.
Chris Philp
The cohort that I have described are dangerous, have been found to be dangerous by a judge following a pre-sentence report and have tried to kill multiple people. With this very small number of very dangerous people, who are endangering the lives of our fellow citizens, it is appropriate to prevent them for an extended period of time—a minimum of 14 years—from attacking our fellow citizens in the future. It is a truly exceptional and small cohort.
Speaking of the word “exceptional”, if there are circumstances in relation to these people that a judge thinks are truly exceptional—some extraordinary extenuating circumstances—and that, despite the fact that they have done the terrible things I have described and despite the finding of dangerousness, merit different treatment, the judge has open to them the possibility to make a finding that there is an exceptional circumstance and can derogate from the 14-year minimum. We would expect that to be extremely unusual—indeed, truly exceptional, as the word implies.
Given how dangerous and damaging this very small number of people are, and given our obligation to protect the public, this measure is couched appropriately. There is the ability to not make a finding of dangerousness, having read the pre-sentence report. There is also the ability for the judge to find that an exceptional circumstance applies. That provides more than adequate protection, bearing in mind how dangerous these people are.
As for other offenders, however, I take the point about the need to rehabilitate; rehabilitation is often successful, as we have seen from the figures. As I said, I will talk to my hon. and learned Friend the prisons and probation Minister to make sure that all the relevant information is collected in probation reports, which will help a judge when making a determination on the question of dangerousness.
I would like to briefly respond to a point made by the hon. Member for Brentford and Isleworth about indeterminate sentences and throwing away the key, as she put it. Of course, the coalition Government legislated—I think it was in 2012—to get rid of the former sentences of imprisonment for public protection, which had been introduced in the early 2000s, whereby people could be left in prison forever, despite not having been given a life sentence. Those sentences were replaced with extended determinate sentences, so the coalition Government, which of course was Conservative-led, legislated to remove, or significantly reduce, that problem of locking people up and throwing away the key, which the hon. Member referred to in her speech.
I hope that I have explained why this measure is appropriate, bearing in mind the small numbers and the extreme danger that these people represent, and I express my support for the Bill as it is currently drafted.
Alex Cunningham
I am grateful to the Minister for his response. However, I am not convinced that we are talking about only a handful of people. The fact that this piece of legislation grows the number of offences that could potentially fall into this cohort suggests that many more people could be caught up in it in the longer term—some of them perhaps not quite such serious offenders as some of those the Minister has described this afternoon.
The Minister says he agrees that we should have an eye to rehabilitation and that we should work hard to achieve rehabilitation. However, if I am right and he is wrong, and we do have dozens or perhaps even more young people falling into this category because of the way the Bill is drafted, there surely need to be some protections there and some opportunity for a pre-sentence report to explore specific issues around age and maturity before reporting to a judge who will make the ultimate decision.
On the basis that this measure could affect many more people than the Minister suggests, and that some of them might not be the most serious offenders, I wish to press the amendment to a vote.
Question put, That the amendment be made.
Chris Philp
In my response to the amendment, I described the effect of the clause and the tests to be applied. If those tests are met, the minimum sentence of 14 years will be imposed, followed by a licence period of not less than seven years and not greater than 25. I beg to move that the clause stand part of the Bill.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Serious terrorism sentence for adults aged 21 or over: England and Wales
Alex Cunningham
I beg to move amendment 38, in clause 5, page 7, line 35, after “25 years.”, insert—
“(5) Where—
(a) a prisoner is subject to a licence for an extension period under this section, and
(b) the qualifying period has expired,
the Secretary of State shall, if directed to do so by the National Probation Service, order that the licence is to cease to have effect.
(6) Where—
(a) the prisoner has been released on licence for an extension period under this section;
(b) the qualifying period has expired; and
(c) if the prisoner has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,
the prisoner may make an application to the National Probation Service under this subsection.
(7) Where an application is made under subsection (6) above, the National Probation Service—
(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;
(b) shall otherwise dismiss the application.
(8) In this section, ‘the qualifying period’, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.”
The main area of concern that has led to the amendment relates to the maximum 25 years on licence specified by the Bill. We of course accept that we cannot have a cliff-edge situation whereby someone leaves prison without any further monitoring, particularly offenders in this cohort. There must be a licence period once the offender leaves prison. The issue is whether a licence period of up to 25 years is reasonable and whether it is a proportionate way of addressing the problem. There is also the concern over the lack of any review mechanism.
A licence for 25 years is equivalent to a licence for life. As well as severely curtailing the human rights of the offender after they have already completed their full custodial sentence, a licence for life also fundamentally constrains their ability to play an active part in society. For example, it would be a constant barrier to employment and—who knows?—perhaps new relationships. We would essentially be telling people that there is no point in them rehabilitating or contributing to society, because they will always be under suspicion—always under the careful watch and restriction of the state. A life on licence reduces individuals’ capability to reform and take positive action. It can have a detrimental impact on the joys of life that can keep an individual on the straight and narrow.
There is also the issue of the administrative burden on an already overworked National Probation Service, which has a financial cost, and which requires additional trained probation officers to deal with those released on licence. I would be interested to know where the idea for a term of 25 years on licence comes from. Is the Government’s intention simply that anyone convicted and sentenced to a determinate sentence of 14 years, with 25 years on licence, should have a life sentence, with the state constantly on their case and without any prospect of being released from it? If so, the Minister should say so. Can he confirm that there is logic in the period that he has decided on? Has he looked at the costs and at whether 20-year licenses, which would naturally be less expensive for the state, might be just as effective?
As I have said, the main area of concern that these amendments address is the maximum 25 years on licence specified by the Bill, which is effectively a licence for life under an indeterminate sentence for public protection. However, unlike the licence for life, the Bill does not allow for the licence to be terminated in certain circumstances. That creates an issue of unfairness, as well as a huge administrative burden, at a cost to the public purse.
I agree with the Independent Reviewer of Terrorism Legislation, Jonathan Hall, who said:
“determining whether a 7-year, 15-year or 25-year licence is appropriate at the point of sentencing for dangerous individuals who have committed the most serious offences may be asking courts to engage in guesswork.”
I personally would not feel confident in making such a decision. Would the Minister?
As I said earlier, there is a concern about existing case law and guidance available for sentencers on identifying terrorism connections when sentencing. We cannot expect sentencers to feel truly comfortable and informed if the frame of what licence they can impose is so broad. It is worth reiterating that a 25-year licence period is not so different from a licence for life. However, whereas licences for life imposed on imprisonment for public protection prisoners could be terminated in appropriate cases, that does not apply to serious terrorism sentences. It feels like the principle of rehabilitation is again being somewhat missed.
I spoke earlier this afternoon about young people. Is it the Minister’s intention that they are effectively to remain on licence until within a few years of the state retirement age? A 14-year term for a 20-year-old means that they will be 59 before they are free of the licence. Will the Minister clarify the merits of 25-year licensing and address young people in particular?
I am a strong believer in people doing their time for violent offences, but with a strong focus on rehabilitation. Our amendment would give them some hope that their good behaviour has paid off after time. Perhaps we need to give people sight of a future where they would live their lives in a very different way—an honest and crime-free way. What, if anything, can the Minister offer those people—particularly younger ones?
Chris Philp
The shadow Minister posed a question: why a maximum of 25 years? Therein lies the answer.
Alex Cunningham
Maybe I misunderstood, but I thought the 25 years was mandatory.
Chris Philp
No, it is a maximum. The licence period is between seven and 25 years; within that, the judge has discretion to choose the most appropriate length of time. The point that I was about to make is that it is up to judicial discretion to decide the appropriate length of time. We ask the judge to make that determination, as we do when setting any licence condition. That is the way the licence system works at the moment. The judge sets the licence period at the point of sentence.
The shadow Minister, quoting the independent reviewer, asked, “How can the judge know in advance what a suitable length of time may be, looking potentially as far as 25 years into the future?” The answer to that question is that although the licence period cannot and in my view should not be varied by the Probation Service acting administratively—that is for the judge to decide—the Probation Service can, and frequently does, vary the terms of the licence conditions; as an offender behaves better over time and matures, or as their radical or criminal behaviour more generally changes as they get older, the licensing conditions can be and are relaxed. The Probation Service does that as a matter of routine, and I would expect and hope for that to happen as time passes.
Were we to give the Probation Service the ability to change the length of licence period, it would be overriding a judicial decision, which is wrong in principle and would possibly infringe article 6 of the European convention on human rights, which says that the Government should not be allowed to interfere with or alter a sentence handed down by the court.
The shadow Minister mentioned the arrangements for terminating licence conditions for indeterminate sentences—that is, the old imprisonment for public protection I referred to previously. As the name implies, those IPPs are indeterminate and indefinite. A judge has not imposed a time limit, so they could go on for the duration of somebody’s life. Some termination mechanism is needed.
Where a judge has made a decision—and it is up to the judge to choose, at their discretion, somewhere between seven and 25 years—it is right that licence condition is applied for that length of time. However, to reassure the Committee and the shadow Minister, I should say that the Probation Service can, as appropriate, relax and change those licence conditions as time passes. That is the right way of handling the issue.
Alex Cunningham
I accept the Minister’s explanation and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We have covered many of the operative provisions. They are rather similar to the ones we debated in clause 4, in relation to people under the age of 21.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Serious terrorism sentence: Scotland
Kenny MacAskill (East Lothian) (SNP)
I beg to move amendment 43, in clause 6, page 8, line 10, at end insert—
“(ea) the court does not impose an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995, and”.
This amendment disapplies Clause 6 if an order for lifelong restriction, a sentence unique to Scotland, has been imposed.
It is a pleasure to serve under your chairmanship, Mr McCabe. Before I move to the specifics of amendment 43, I will say by way of preface where my party and I are coming from. As the Minister is aware, we recognise that it is the duty of not just a Government to keep their citizens safe and secure; it is the obligation of all who serve in Parliament. At the outset, we have given the Government our assurance that any opposition will attempt to be as constructive as possible, to ensure that the challenge of terrorism that we now see, sadly, all too regularly in our communities, is addressed and that we keep our people as safe as they can be.
Some issues concern us. The burden of proof has been mentioned in terms of TPIMs. The balance of the burden of proof has been an issue for over 40 years, since my involvement in the law—and, in a way, since the legal profession and legal systems came about. We recognise that there is good reason why there has to be some distinction when it comes to terrorism and that standards that might normally apply in a wider criminal trial cannot be expected, especially with regard to TPIMs. However, there still has to be an element of proportionality, and we have to ensure that we protect the rights of those who face considerable periods of loss of liberty. That is why we have concerns and are watching the situation.
Sadly, the issue disproportionately impacts BAME communities; we are conscious of that. It is clear that we are required not only to protect our people from terrorism—and, indeed, to punish those who perpetrate it—but to prevent it from happening in the first instance. If we have a system that is perceived, whether it in fact is or not, as prejudicial and impacting harshly, even sometimes deliberately, on one community, issues arise. Those of us old enough to remember the consequences of internment in Northern Ireland will realise that a community’s feeling of being discriminated against can be a recruiting sergeant rather than the method of preventing such recruitment.
Chris Philp
I thank the hon. Member for East Lothian for his constructive comments at the beginning of his speech. As the shadow Minister said, in many respects the work on the Bill demonstrates Parliament and public life at its best, as we work together to protect our fellow citizens throughout the whole United Kingdom. Protecting our fellow citizens from violent attack is, thankfully, a principle on which we all agree, regardless of our differences on various other topics that often come before us. I am grateful for the constructive approach of the hon. Member for East Lothian, accepting, of course, that he wishes to discuss further points in due course, a few of which he mentioned.
There is clearly a question about how this legislation interacts with the order for lifelong restriction, which is applicable in Scotland. Indeed, the sentence that a Scottish court might hand down in the absence of this legislation could conceivably be longer—lifelong, as the name implies—than the period required by this legislation. The Government essentially accept the principle that there is an interaction that requires further work, and—let me be clear—further amendment.
On the detail of how the interaction will work best, discussions are ongoing between Ministry of Justice officials and officials in the Justice Directorate in Scotland about the technicalities. For example, although the clause as it is drafted would make it possible for an OLR to be imposed and, therefore, a lifelong restriction to be in place, we would lose the 14-year minimum sentence. What we would like to try to achieve technically is an amendment that preserves the concept of the 14-year minimum, but allows the lifelong restrictions to apply thereafter if a Scottish judge sees fit.
Those technical discussions are taking place. If the hon. Member for East Lothian or his colleague, the hon. and learned Member for Edinburgh South West, wish to participate in those technical discussions, they are welcome to do so.
The fact that we would lose the 14-year minimum is problematic, but I accept the principle that an amendment is needed. If we can put such an amendment together quickly enough, we will be happy to bring it forward, in consultation with the hon. Gentleman, on Report. If we cannot get it ready fast enough for that, perhaps their lordships will be kind enough to consider making an appropriate amendment down at their end of the building.
I hope that my comments illustrate that I recognise the validity and the reasonableness of the point being raised. I hope that we can find a way to amend the Bill to preserve the 14-year minimum but not take away any ability that Scottish judges currently have to impose longer restrictions, should they see fit.
Kenny MacAskill
I am happy to accept that parliamentary drafting has its complexities; it is a skill way beyond my level of competence, but I appreciate the difficulties that go with it. I am happy to accept the undertaking given by the Minister, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 6 has the same operative effect as clause 5 has in relation to England and Wales.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 7
Serious terrorism sentence: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 7 and associated Government amendment 31 essentially do all the things we have just debated in relation to England, Wales and Scotland, but apply to Northern Ireland. The Government amendment is to ensure that we interact with Northern Irish sentencing law in a consistent way. It is rather the same issue that we debated a moment ago in relation to Scotland, where similar thinking clearly needs to be developed a little further. Government amendment 31 makes, I think, five technical changes to ensure that the measures that we have already debated apply consistently and coherently in Northern Ireland.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Reduction in appropriate custodial term for guilty pleas: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 8 relates to a reduction to the minimum custodial term for a serious terrorist sentence where the offender makes a guilty plea at the earliest opportunity. Ordinarily, when such a guilty plea is entered for most offences—not quite all, but most—a discount of up to 33% of the sentence is possible. However, reflecting the very serious nature of the offences we are debating, the clause limits the discount for an early guilty plea to 20% of the custodial term. By way of illustration, if a 14-year minimum were imposed—it could be more, of course—the reduction could be to 11 years and 73 days, but no less. Practically, that is implemented by inserting a new subsection into section 73 of the sentencing code.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Reduction in appropriate custodial term for guilty pleas: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 9 has the same effect as the one we have just discussed, but in relation to Scotland.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Reduction in appropriate custodial term for assistance to prosecution: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 10 provides for the court to apply a reduction to the custodial term for a serious terrorist sentence in England and Wales from the 14-year minimum in cases where the offender assists the prosecution. It does so by inserting a new subsection into section 74 of the sentencing code. The subsection notes that nothing in the STS sentencing provisions affects the court’s ability or power to take into account the extent and nature of any assistance given to the prosecution.
In keeping with the approach to all other sentences, including other minimum sentences and mandatory life sentences, there is no maximum reduction rate in relation to the flexibility that I have just described. While we are determined to ensure that serious terrorists receive the appropriate penalties for their offending, it is also important to ensure that an incentive remains for guilty offenders to assist the prosecution with other cases it may be pursuing.
This is a well-established process within the sentencing procedure across the whole United Kingdom. It can, and indeed often does, play a pivotal role in helping our prosecutors and the police to secure guilty verdicts in other, often more significant, related cases where the defendants may be a higher risk to the public than those in the case under direct consideration. We think it appropriate to continue that judicial discretion in cases where defendants assist the prosecution and where that assistance may help to convict other, even more dangerous people.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Parliamentary Constituencies Bill (Eighth sitting)
Tuesday 30th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Chair
I asked for fans to be supplied to Committee Room 14, and the fans are here. No sooner did I ask for them than the weather deteriorated. However, if anyone is too warm I will arrange for the fans to be shared with anyone who would like them.
The Minister of State, Cabinet Office (Chloe Smith)
Sir David, it is a wonderful pleasure to return to the Committee under your chairmanship. I wanted to clarify a point that was raised by the right hon. Member for Warley. He is not in his place now, but I hope it will be helpful to the Committee if I proceed.
The right hon. Gentleman asked how the protected status of Ynys Môn, on which we had an excellent debate this morning, would relate to the allocation of seats between the nations in the calculation of the electoral quota. I can make that clear now. At the start of the boundary review, before any allocations are made, the protected constituencies and their electorate are set to one side, as it were. That happens at the beginning before the national consideration. They are then not included in any consideration of either seat allocations or the calculation of the electoral quota. To illustrate that, with Ynys Môn added to the existing four protected constituencies there will be five in total. Those five will be removed from the overall total number, leaving 645. Their electorates would then be subtracted from the UK total electorate. The remaining UK electorate would be divided by 645, and that would give the electoral quota—the average on which each proposed constituency will be based. That figure is likely to fall somewhere between 70,000 and 80,000. The number of constituencies per home nation—the allocation—is then calculated by the usual method set out under rule 8 of schedule 2 to the Parliamentary Constituencies Act 1986, which also uses the total electorate of each part of the UK, minus the electorate of any protected constituencies in that part. I will talk more about the method for that when we discuss new clause 3, but I hope that in the first instance that addresses the right hon. Gentleman’s query, even in his absence.
Christian Matheson (City of Chester) (Lab)
My right hon. Friend is also a member of the Defence Committee, and the Secretary of State is giving evidence there this afternoon, so his not being here is certainly no discourtesy.
Chloe Smith
That is extremely helpful to know. As I said once before in this Committee, it is of great benefit that we have such experienced Committee members, including no fewer than two former Secretaries of State, who naturally have other calls on their time.
The final clause of the Bill, clause 12, makes provision with respect to the extent of the Bill, its commencement and the short title. As it relates to the UK Parliament and its constituencies, the Bill extends to England and Wales, Scotland and Northern Ireland. The subject matter is reserved to the UK Parliament, so legislative consent motions from any of the devolved legislatures are not required. The Bill comes into force on the day when it is passed. It is important that it should commence on that day in order to allow the boundary commissions to have legal certainty on the rules, such as the number of constituencies, for the next reviews, which begin formally on 1 December 2020—the review date—and in practice will get going in earnest in early 2021.
As I noted during discussion on clauses 8 and 9, the Bill applies retrospectively in two clauses in relation to Government obligations on implementing the 2018 boundary review and the review of the reduction of seats. The provisions in those clauses are treated as having come into force from 24 March and 31 May 2020 respectively. The short title of the Bill, once it receives Royal Assent, is set out as the Parliamentary Constituencies Act 2020.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
New Clause 1
“Registers used to determine the “electorate” in relation to the 2023 reports
‘(1) In rule 9(2) of Schedule 2 to the 1986 Act (definition of the “electorate”), for “The” substitute “Subject to sub-paragraph (2A), the”.
(2) After rule 9(2) of that Schedule insert—
“(2A) In relation to a report under section 3(1) that a Boundary Commission is required (by section 3(2)) to submit before 1 July 2023, the “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on a register of parliamentary electors (maintained under section 9 of the Representation of the People Act 1983) in respect of addresses in the United Kingdom, or in that part or that constituency, as that register has effect on 2 March 2020.””—(Chloe Smith.)
This new clause inserts a new clause (to be added after clause 6) which provides for the meaning of the “electorate” in Schedule 2 to the 1986 Act, in the case of the 2023 reports of the Boundary Commissions, to be determined by reference to the registers of parliamentary electors as they have effect on 2 March 2020 rather than by reference to the versions of those registers which are published under section 13(1) of the Representation of the People Act 1983 on or before 1 December 2020 (which is the “review date” provided for under clause 7), a prescribed later date, or 1 February 2021 (where section 13(1A) of that Act applies).
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 4—Definition of “electorate”—
“(1) The 1986 Act is amended as follows.
(2) In rule 9(2) of Schedule 2 to the 1986 Act, omit the words from “the version that is required” to the end and insert “the electoral register as on the date of the last General Election before the review date.”
For the purposes of future reviews, this new clause would define the electorate as being those on the electoral register at the last General Election prior to the review.
Chloe Smith
First, allow me to address the new clause that stands in my name before turning to new clause 4, which stands in the names of the hon. Members for Lancaster and Fleetwood and for City of Chester.
The purpose of new clause 1 is to mitigate a risk arising from the covid-19 pandemic that could affect the successful delivery of the next boundary review. The risk relates to electoral data, namely information on the numbers of electors across the UK. Hon. Members will be well aware that this is fundamental to the work of the boundary commissions. We need the next review, and all reviews, to be based on the most robust form of the data. Under current legislation, the next boundary review would be based on the number of registered electors as at 1 December 2020, following the annual canvass.
As we know, the annual canvass is a large information-gathering exercise that checks and verifies the addresses of registered electors. The boundary commissions generally use the version of the electoral register that follows the canvass because it is the most up to date and accurate available at the start of the review. This year, however, concerns have rightly been raised about whether the operation of the 2020 annual canvass might be affected by covid-19, given that it is a considerable exercise mobilising many staff and contractors over several months. This new clause responds to those concerns and provides for the next boundary review to be based, on a one-off basis, on the number of registered electors at 2 March 2020.
That data represents the most up-to-date electoral registration information available from the point before the impacts of covid became widespread. It will capture the registrations that took place in the run-up to the 2019 general election, subject to any monthly updates that were then also made up to 2 March 2020. As hon. Members may know from other remarks I have made and the letter I sent to the Committee, I have engaged with both parliamentary party and administrator representatives on this issue. It is critical that the next boundary review is not compromised as a result of covid, so I have tabled the new clause.
New clause 4 seeks to change the definition of the electorate to that of the electoral register from the last general election prior to the boundary review. There are a number of reasons why the Government believe this is not the appropriate dataset to use for boundary reviews, and I will lay those out.
First, as I set out when introducing new clause 1, the electoral register is updated through the year. The annual canvass then provides the most comprehensive audit of the electoral register each year. It represents the most consistent and up-to-date picture of how many UK electors there are and where they live.
Secondly, the current approach of using the December registers, the data from which is collected, checked and published by the Office for National Statistics, ensures that the boundary commissions are using officially published data that is up to date, transparent and readily available to all citizens. By contrast, electoral registration officers are not required to published data on the number of electors on the registers of parliamentary electors for general elections. That data is not officially published by the Office for National Statistics, so it could be argued to be more opaque, whereas transparency is helpful.
Thirdly, I think many of us would agree that when we are looking to update UK parliamentary boundaries, it is important that the most up-to-date and robust data is used. Unlike the canvass, general elections do not happen every 12 months—or at least we hope that they do not—and the use of election data could therefore result in boundary reviews being based on information that was considerably more out of date than that provided by the canvass. I will go into that in a couple of ways.
It is unusual for a general election to occur in the second half of a calendar year. 2019 was a notable exception, and I am sure we all reflected on that as we were banging on doors in the rain and the snow. To take a past example, had we used the general election data for the boundary review starting in 2000, we would have been using data from the 1997 general election. That would have been two and a half years out of date at the start of the review, and over a decade out of date by the time the boundaries were first used in an election in 2010.
Let me take this moment to address a few other myths about electoral registers. There are a few areas of tension as to how the registers work, and the arguments can be confusing. I do not think general election registers are always the answer, and I want to address a few of the erroneous arguments that are made. One myth advanced by some is that after a general election people suddenly vanish off the electoral register; as the register compiled for the election is sometimes regarded as the fullest or biggest, people argue that electors have to have been captured at exactly that early moment. I do not think this is the case. It seems to derive from the idea the election registers are more comprehensive as a consequence of the many registrations made in the run-up to a major poll. However, they do not somehow vanish after a poll; they are not lost. Those people remain there, and the canvass that follows any general election will verify that those who registered for that election are still resident at the same address, together with any further registrations that have taken place in the intervening months. If they are still resident, they stay on the register—quite rightly—and are taken into account at a boundary review starting after the review date.
For example, if people registered in the run-up to the 2019 December general election and remained at the same address after the election, they remain on the register. It is as simple as that. Of course the contrary is also true: if they moved immediately after the election, it is only right that the canvass and the monthly updates that follow it highlight that change. Therefore, the fullest register, as general election data is sometimes described, does not stay accurate forever.
Maintaining accuracy and completeness needs to be part of an ongoing cycle. The quality of the register relies on these two elements—completeness and accuracy. One is not enough on its own: they have to be seen together. If a person registers in the run-up to a general election in area A and shortly afterwards moves to area B, it is not right that they stay on the register for area A. Some might argue, I suppose, that for completeness they would stay registered in area A while they also registered in area B, but that is not accuracy. The work of the electoral registration officers, who have responsibility for maintaining complete and accurate registers, is to create a picture that is both as accurate and as complete as possible while, admittedly, accepting that no register can ever be perfect because the population does move.
The Government have been working hard over the years with electoral administrators to improve the accuracy and completeness of the registers. I will take a moment to highlight some of that work. The introduction of online registration has made it easier, simpler and faster for people to register to vote, taking as little as five minutes. This also applies in a positive way particularly to people who traditionally found it harder to make an application to register. Working with lots of partners, we have developed a range of democratic engagement resources to promote democratic engagement and voter registration. That is all available on gov.uk. We are also in the process of implementing changes to the annual canvass of all the residential properties in Great Britain that will improve its overall efficiency quite considerably. It will let registration officers focus their efforts on the hardest-to-reach groups, and play an important role in helping to maintain the accuracy and completeness of the register.
I hope I have given a sense of what we are doing to support the best quality data available for the function of the Bill, in the form of the covid 19-related new clause 1. I have also presented some arguments why canvass data is better data to use than the general election data. I also wanted to provide the Committee with a few insights into how we have been working to improve levels of registration in this country, and why we should all agree that that is very important, albeit slightly to the side of the main subject of the Bill. If the Committee wishes me to respond to points that others may make, I will be happy to do so, but I shall pause here and urge that the Government new clause be added to the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
I will speak to both new clause 4, which stands in my name and that of my hon. Friend the Member for City of Chester, and Government new clause 1.
I welcome new clause 1, which corrects what I feel would be the error of using December of this year as the basis for the register for our boundary review. Clearly, the covid-19 situation has put huge strain on all our councils and local authorities, which at present are working to support some of the most vulnerable people in our communities. It would be ludicrous to ask them to undertake an annual canvass at a time of such stretched capacity in local government. However, after 20 years of delay, the boundaries must reflect the electorate, with the best possible accuracy, and that means selecting the register that best reflects the reality of the general population of our country.
I would like to use this opportunity to probe the Minister on her choice of the March 2020 register. We are in a unique position, in that just six months ago we had a general election, and before that election we saw a huge spike in voter registration. Indeed, we can see that, since the introduction of individual electoral registration, there tends to be a spike in electoral registrations before major electoral events—the most notable recently being referendums and general elections, of which we seem to have had an awful lot. The Office for National Statistics data for the period between 1 and 12 December 2019 showed that approximately half a million people registered to vote, and electoral registrations increased in 94% of our constituencies. The number of electoral registrations was at its highest level, surpassing the previous peak in December 2012.
I have some concern about the drop-off in registrations between 12 December 2019 and 2 March 2020. We heard evidence that potentially hundreds of thousands of people have fallen off the electoral register during that period. Indeed, in the current context, in which the Government have been very clear that we will not be having by-elections or scheduled elections this year because of the coronavirus, there is not the same impetus for individuals to register to vote.
This is part of a much wider problem around electoral registration, with the Electoral Commission recently—actually, it was almost a year ago—making recommendations to the Government to plug the huge gaps in our electoral rolls. I look forward to hearing the Government’s response when that is forthcoming, but we know that about 9 million people in this country are missing from the electoral registers. My concern is to find the most accurate and most complete register possible in order to ensure that every one of our citizens is included within the boundaries that we have at the next general election. New clause 4, in my name, suggests that that register would be the one from the general election, for the reason that I have set out, which is the spike in electoral registrations that we see before major electoral events, in order to ensure that every single citizen in this country who should be counted in the review is counted.
Christian Matheson (City of Chester) (Lab)
My hon. Friend has covered most of the points, so I will be very brief. In a sense, I will be asking the Minister only a couple of questions.
My hon. Friend is absolutely right to say that we hit the high water mark at the general election. The Minister has corrected me when I have perhaps claimed too high an increase for the 2017 general election. Nevertheless, there is a surge in registrations that makes a general election register, as I have said, the high water mark and, if we are asking for a snapshot, the most accurate snapshot within, perhaps, a period of nine months or a year either side. In that respect, it is the most accurate register on which to base a set of boundaries.
I wonder whether the Minister can answer a couple of questions—I am not trying to catch her out. First, can she say, given that there is that rush at a general election, what measures a Government might put in place to maintain that high water mark level of registrations? For example, in the past year there was a proposal to downgrade the annual canvass. That proposal actually went through, which I was not happy with at the time, but the Minister was confident it was achievable. We are not going to see that this year, rightly, but what measures could be put in place to maintain that high water mark around a general election? Can the Minister also explain—I think this was touched upon during the evidence sessions—whether any assessment has been made of the numerical difference between the general election register and the register in March that we are going to base this on, and why that difference exists?
Using the March register, as opposed to waiting for more people to drop off the register at the end of this year—potentially 200,000 people—is a very sensible move. I have praised the Minister in the past when she has earned it; this was the right thing to do, and I echo my hon. Friend the Member for Lancaster and Fleetwood in welcoming the change to maintain as high a water mark as possible in the number of people registered. As she has said, there is a broader debate about automatic registration, but I do not think that is covered in this new clause.
Chloe Smith
I am happy to offer a few further arguments as to why it is misguided to seek to use general election data. Going back to the facts of the matter in December 2019, there are two points I want to make. The first is that the December 2019 general election was an unexpected event, for a number of reasons. That may be a matter of ins and outs for politicians, but for administrators, that is quite a proposition: they have to be able to run an election as requested.
At that time, electoral officers had broadly three options for when to publish their electoral registers—three different options at three different times. Some published in October 2019, just after the election was called, for very valid reasons: they might have seen the benefit of trying to simplify the process of giving each elector their identification number and arranging the printing and postage of poll cards. A second group published on 1 December 2019, the traditional deadline for publication of the revised registers following the canvass. And some published on 1 February 2020, which is the deadline for those who had an election other than the general election in their area during that period—that is, a by-election between 1 January and December 2019. My point is that there are three different times when election officers would have published the registers, so there is no such thing as a single register that provides the silver bullet the Opposition are looking for. I am afraid it is deeply misguided to think there is.
My second point, based on the facts in December last year, is that some registers were swollen, but some were not. The hon. Member for City of Chester will recall the evidence given by Roger Pratt to this Committee:
“Three hundred and eighty-eight seats were actually larger at the general election than on 1 December, but 261…were smaller at the general election”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 30.]
Not only is there not a silver bullet, the bullet does not even go in the direction in which the Opposition would like to fire the gun.
Christian Matheson
My understanding, however, is that the overall number of electors always swells to a high-water mark during a general election, albeit there will be some constituencies in which that is not the case, as Mr Pratt advised us.
Chloe Smith
As a matter of common sense, that swelling is likely, and I agree with the hon. Gentleman that people have an incentive to register before an election. It is evidently the case that the demands of an election, where people have the chance to cast their vote and have their say, are an encouragement to registration. I do not argue against that at all; I welcome that. As I said in my earlier remarks, we want to encourage people to register year round, but there is that particular incentive with an election. These facts remain, however, and they drive holes through the Opposition’s argument right now.
I am afraid that there is one further point that I need to drive home hard: the hon. Member for the City of Chester should know better than to rehearse the really poor arguments he made about canvass reform when this time last year we discussed the statutory instrument that he mentioned. It was not a downgrade of the annual canvass. He had not done his homework at the time. It was an upgrade of the annual canvass, whereby resources can be focused on the hardest to identify, who, from Labour Members’ discourse, we might think they wished to go after. The upgrade also involved looking at where resources should be focused, rather than taxpayers’ money being put to poorer use where those resources are not needed. In other words, canvass reform allows registration officers to do a more targeted job of the canvass. That is a good thing. It allows citizens to have a better experience of canvassing, because they are being asked to fill out fewer forms. It allows taxpayers to save money. As the hon. Member for Lancaster and Fleetwood rightly pointed out, every pound in local government is sorely needed at the moment. There should never be an argument for wasting money in local government on an exercise that could be better targeted than it has been in the past. Those are the facts about canvass reform. Furthermore, I am afraid the hon. Member for the City of Chester is incorrect to say that we will not see that this year. We will. If he were in touch with his Welsh Labour colleagues in Cardiff, for example, he would know that it is going ahead this year, and that they rightly support it. Indeed, so do the devolved Government in Scotland, because it is the right thing to do. But enough on the annual canvass; that is not our subject matter here.
The Government strongly believe that the use of the electoral register in the way for which the Bill provides is the right thing to do. I have given comprehensive reasons why the idea of doing it from a general election register is not strong. I urge the hon. Member for Lancaster and Fleetwood not to press new clause 4 to a vote.
Cat Smith
We will be pressing new clause 4 to a vote. The Minister made some good points, and this is an area where we have spent many a happy day discussing the annual canvass and the inaccuracy of electoral registers. In the current cycle, I concede that the difference between the general election register and the March 2020 register is quite narrow because of the timing of the recent general election. However, new clause 4 is designed to deal with future boundary reviews. When a large amount of time has elapsed between the date of the snapshot and a general election, there may be significantly more than hundreds of thousands of people missing from the electoral register, therefore I will press new clause 4 to a vote.
The Chair
Just to clarify, that is not now.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Electorate per constituency
“(1) In rule 2(1)(a) of Schedule 2 to the 1986 Act (electorate per constituency) for “95%” substitute “92.5%”.
(2) In rule 2(1)(b) of Schedule 2 to the 1986 Act (electorate per constituency) for “105%” substitute “107.5%”.”—(Cat Smith.)
This new clause seeks to widen the permissible range in a constituency‘s electorate, which may be up to 7.5% above or below the electoral quota calculated in accordance with Schedule 2, paragraph 2(3) of the 1986 Act.
Brought up, and read the First time.
Cat Smith
I beg to move, That the clause be read a Second time.
Moving on from which register to use, new clause 2 is about the percentage variants between constituencies of different sizes. The Bill must proceed by ensuring a fair and democratic review. We want all the new boundaries to reflect the country as it is today, and to ensure that all communities get fair representation. Those boundaries must also take into consideration local ties and identities. Communities have never been stronger than in the recent troubling months. Right across the country, we see communities pulling together to support vulnerable residents. Now more than ever, those community connections must be valued and respected. However, the restrictive 5% quota tolerance in the Bill flies in the face of protecting those community ties.
During the evidence sessions, the secretary to the Boundary Commission for England spoke about the difficulty caused by the smaller tolerance, which makes it
“much harder to have regard to the other factors that you specify in the legislation, such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography. Basically, the smaller you make the tolerance, the fewer options we have.”
He went on:
“The only real way to mitigate it is to make the tolerance figure slightly larger. The larger you make it, the more options we have and the more flexibility we have to have regard to the other factors”. —[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7. Q3.]
Ben Lake (Ceredigion) (PC)
To illustrate the hon. Lady’s point, the old boundary review proposed a new boundary for Ceredigion, north Pembrokeshire and south Montgomeryshire, which would have been 97 miles from one point to the other. I want to emphasise not only the distance, but that there is a continuous range of communities throughout that 97-mile distance. It is very difficult for whoever represents that seat to really represent the constituents in the way they have grown accustomed to.
Cat Smith
My hon. Friend makes a good and articulate point with his own local geography. Indeed, if constituents are perhaps struggling to see the identity of the communities around them, that may lead to people feeling disconnected from what their local MP is doing, because they are not perceived to be a local MP. Constituents may feel that the MP represents a different area, because of the size of some of those constituencies.
My example, also from Wales, is the constituency of Aberavon. The previous boundary review, which was on the 5% variants, proposed to cut through the heart of Port Talbot, separating the town’s shopping centre from its high street and cutting the steel works off from the housing estate that was built for its workforce. I spoke to my hon. Friend the Member for Aberavon (Stephen Kinnock) just before we came into the Committee this afternoon. He recalled that when he told his constituents about what the commission had proposed for his community, they fell about laughing and struggled to believe that this was actually true. It was incomprehensible to them that this proposal to split their community down the middle would come from the boundary commission.
Alec Shelbrooke (Elmet and Rothwell) (Con)
For my own clarity, was that on the 600 proposal?
Cat Smith
It was. Obviously, the proposals that come out of this boundary review will look different because of the 650 figure. The tight 5% quota, however, still gives the commissioners a great deal of trouble in trying to keep those communities together, to ensure that people can believe that the constituency they are in represents a community.
Christian Matheson
My hon. Friend will recall that two academics in the evidence sessions suggested that the problems in drawing up the constituencies—linking the constituency to reflect its communities—were as much, if not more, because of the tight 5% limit as because of the reduction by 50 seats.
Cat Smith
His apology is very much accepted, but my hon. Friend draws me back to the point that I was hoping to make. From the evidence that we heard, experts such as David Rossiter and Charles Pattie agreed that the 5% rule caused significant disruption to community boundaries. Indeed, they concluded that the substantial disruption on the back of the constituencies to be brought in by the sixth review is not entirely due to the reduction in the number of MPs. Their report shows in detail that disruption was caused by the introduction of this new form of national quota with a 5% tolerance.
In addition, many members of the Committee have referred to the Council of Europe Venice Commission “Code of Good Practice in Electoral Matters”, which states that good practice is to allow a standard permissible tolerance from the electoral quota of 10%. Internationally, a larger quota is viewed as promoting best practice to secure fair representation. This code also recommends that boundaries are drawn without detriment to national minorities, but the Government’s restrictive quota could have serious consequences for national minorities in this country. Councillor Dick Cole from Cornwall stated in his written evidence:
“The UK Government has recognised the Cornish as a national minority. This alone should lead MPs to ensure that the new legislation includes a clause…to protect Cornish territoriality.”
We do not have an amendment tabled to do that, but a larger quota allows flexibility for English commissioners to ensure that their proposals respect Cornish identity. Places such as Cornwall might then be able to identify with their seat, instead of the ludicrous Devonwall seat proposal of the previous review, which was met with much ridicule in the Cornish community and, I suspect, in Devon.
That is not just an issue for the Cornish. The UK Government recognise the Scottish, Welsh and Irish alongside the Cornish people as national minorities under the Council of Europe framework convention for the protection of national minorities, which the UK signed in 1985. The act of respecting those minorities will be made all the more difficult by a restrictive 5% quota, which could prevent the boundary commission from being able to keep those communities together. My Welsh colleagues feel very strongly that Welsh-speaking communities ought to be held together, and this would be made easier by having the larger flexibility for the commissioners.
We recognise the need for constituencies to be as broadly equal as possible, but anyone who claims that they truly believe that all constituencies should be equal means that every single constituency must be exactly the same size. I do not believe that anyone in Committee believes that, not least because this morning we had unanimous support for the protection of Ynys Môn, which will come in with a much smaller population than many other constituencies.
The evidence is strong: having wider electoral tolerance will create constituencies that are more representative of the communities that they seek to represent. A move from a 5% variance to about a 7.5% variance is a difference worth about 2,000 electors per constituency. That is a reasonable compromise to ensure that communities are kept together and that constituencies are as broadly equal as possible.
Alec Shelbrooke
I thank the hon. Lady for her remarks on her new clause.
Let me start by being controversial: I believe that the plus or minus 5% should be seen as a matter of last resort, and that the boundary commission should try to do everything in its power to be bang on the money in the middle. Let me develop that argument, and I am willing to take interventions on it.
These figures are not correct, because I have not messed around with the numbers. I am using them just as illustrations. If we take that figure to be 72,165—that is not the exact figure, but I am using it for illustrative purposes—in less than 600 seats, that figure would have been 78,198, of which another 5% would be 3,909 electors. Five per cent. of 72,165 is 3,609, whereas another 7.5% of 72,165 is 5,413. I make those illustrative points because the difference between the 5% on 600 seats and the 7.5% on 650 seats is 1,500 electors more. The difference between 5% and 7.5% on the 650 seats is roughly 1,800 voters. I wanted to lay that out at the start; please do not talk about the inaccuracy of the figures because I know that they are inaccurate, but they are in the ball park.
The Bill provides for the boundaries to be reviewed and set every eight years. We know that there are several cycles going on, with local government reviews, polling district reviews and ward reviews. As my right hon. Friend the Member for—I have already forgotten her constituency.
Alec Shelbrooke
I was going to say Billericay, but I think that is your constituency, Sir David, or was at some point—I am losing my thread. My right hon. Friend the Member for Basingstoke has on several occasions drawn our attention to the planned housebuilding population changes that we all know are going to happen in constituencies. The plus 5% and plus 7.5% variances are open to interpretation about what they actually mean. Are we using them as a starting point, with constituencies at the absolute minimum or maximum to start with, knowing that within a certain time, they are going to be out of the equation?
In Wetherby, which is one part of my constituency, 800 houses are being built, and more are being built further down—a considerable number of houses. Some 5,000 are due to be built in the Leeds East constituency, which neighbours mine. The hon. Member for Lancaster and Fleetwood mentioned North Yorkshire as a council that would not have to cross county boundaries if we went to a 7.5% tolerance. Some 10,000 houses are due to go in just on the boundary with my constituency—that is in just one small part of North Yorkshire—so we know that there will be a large shift in populations in a relatively short period, and certainly in that eight-year window.
Mr Bellringer said in his oral evidence—I think to a certain extent the Committee accepted his argument—that we have to draw the line at some point, so we cannot use in the figures new housing and so on. He was talking about potential ward boundaries; the point being that you have to draw the line with ward boundaries that have already been drawn, and not those that might be drawn.
Over the eight years, we will see considerable change in population in constituencies. Indeed, the driving force behind a lot of the Committee’s conversation has been that the data will be almost a quarter of a century out of date by the next election. That was always going to mean a significant movement in constituency boundaries because of the amount of time that has passed. Should the boundary commission be trying to construct seats within the plus 5% or minus 5% tolerance when, maybe with a year, that seat could be bigger than plus 5% or smaller than minus 5%?
I am not saying that we should change the Bill, but in my view, the boundary commission should try to be bang on the money at around 72,000 or 73,000, depending on the final figures. Surely, if we want a balanced electorate, we should look at how we can make that work over the cycle, so that when large housing developments are built, we tinker and make minor changes in an area every eight years, rather than the huge changes that we are making now.
My constituency has 82,000 electors and Leeds East has 66,000. Those are roundabout figures that vary quite a lot, and 10,000 houses will be built during the next five years. By definition, there will have to be a major change in eight years’ time. If we have already bumped right up to the 5% window when forming the initial boundary for the 2024 election, we are talking about elections after 2032. I cannot remember the exact phrase in the Bill regarding when the next review would come into effect. It could be 15 years from now before the next set of figures come in. There would be a lot of time in which there could be huge variation.
The Chair
Mr Spellar. I do apologise. Just to explain: speeches should alternate between the sides of the Committee, and I was so enthralled by the speech of the right hon. Member for Elmet and Rothwell that I had not noticed Opposition Members.
John Spellar
Thank you, Sir David. I am sure that like me you were trying to cut your way through all the contradictions and inconsistencies that were in the right hon. Gentleman’s contribution. Many of the points had considerable value, except that they were not consistent. They were not even consistent with this morning’s business. We were talking about being as close as we can be—except, of course, when the seat of Ynys Môn has been won for the Conservative party. I never noticed such interest when it was a battle between Welsh nationalists and Labour for that constituency. An exception, of course, is the Isle of Wight. It is perfectly possible to visit it by ferry, and MPs can go back and forth to it. We need to get as close as possible and we can split wards, and everything else, except of course when it comes to the Isle of Wight, which, on the basis of previous electoral trends—okay, it did go Lib Dem at one stage—is probably going to leave with two Conservative seats.
Then the right hon. Member for Elmet and Rothwell talked about taking account—which, of course, the boundary commission cannot do—of future building development. I think it is appropriate to be able to look forward. However, with a widened area of discretion, constituency A would be able to say, “We will build fairly close to the line.” Constituency B might be a bit smaller, because of the reasonable expectation, as long as builders do not sit on the land, that there would be a large number of additional people. Of course, it could not know how many of those would be eligible for parliamentary representation, because in many areas the size of the population does not necessarily match the size of the electoral register, because of the number of people who would not be eligible to be on it.
Alec Shelbrooke
On the point about house building going in, it goes back to the evidence that the boundary commission draws the line at that particular moment; but, again, if it is known that it is coming in, at the moment nothing stops that plus 5% being right up at the limits. Even though building the housing is in a city council’s plans, it will, within a year, almost immediately go over the limit.
John Spellar
That is rather my point—exactly. With a wider area of appreciation, it is possible to take account of that. It becomes much more difficult the narrower it is. It also comes down to the size of the building blocks. I think the right hon. Gentleman mentioned that some of his wards are in Leeds and some are in the country. For those MPs who represent rural areas or small towns the wards are quite often 1,000, 1,500 or 2,000. In most of the metropolitan areas they are in the 8,000 to 10,000 mark. In certain areas—not Birmingham, any more, since the change in the boundaries and all-up elections—including in Leeds, for example, my under- standing is that the number is somewhere around 16,000 to 19,000. That makes, again, for a sizeable building block.
There is, frankly—and with all due respect to our colleague the hon. Member for Glasgow East—no point talking about Scottish wards, because they are much larger, being based on a single transferable vote system, If, heaven forbid, Conservative Members now seek to move towards STV in the United Kingdom, that will be another issue entirely. However, there is not the same identity of ward members as we have when we must have much wider wards. The idea is to keep, as far as possible, structural organisation for a ward, although there may need to be some minor exceptions. The boundary commission initially crossed borough boundaries as an exception, to deal with problems in London, as I recall. Now, it seems to almost totally disregard such boundaries. That is one reason why the Labour party, unsuccessfully, still wanted to allow Parliament to act as a constraint on the self-fulfilling activities of the boundary commission.
It is enormously important to maintain some sort of coherence and identity. It is not just constituencies that should have geographic and community coherence, but wards as well. There should not be gerrymander-style wards, similar to some American constituencies, which get close to having exact mathematic equivalence but end up being utterly extraordinary shapes and sizes. That is why we should not take note of the Organisation for Security and Co-operation in Europe recommendation to look at size of population, as the United States does, rather than electoral registers. The United States bases its wards on census figures, not electoral registration. In some areas, authorities might be encouraged if they had to focus on electoral registration rather than registration suppression, as happens in a number of states, whipped on by Donald Trump.
For that reason, one probably has to have slight, and probably unjustified and unworthy, suspicions, about the vehemence with which the argument for 5% is being mounted by Government Members. We have been told, both by the Conservative party witness and by Members, that the OSCE report firmly says that the total variation should be 10%—in other words, 5% on either side. They prayed that in aid as justification for their case, but that is not what the OSCE says in its recommendation. It clearly states:
“The maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%, except”—
it even says this—
“in really exceptional circumstances”.
There are practical reasons in favour of the proposal. We need to ensure the maintenance of communities and prevent considerable inconvenience similar to that experienced as a result of the previous boundary changes. We have heard evidence that 650 seats may or may not make it easier, but these very tight margins make it more difficult for the boundary commission, parliamentarians and, most importantly, the electorate.
Bim Afolami (Hitchin and Harpenden) (Con)
I listened with interest to the right hon. Member for Warley and to my right hon. Friend the Member for Elmet and Rothwell. I want to make a couple of points.
Bearing in mind that my party is keen on approving of Democratic Presidents in the US these days, one of my political heroes has always been Lyndon Baines Johnson. When asked about Gerald Ford, who later became President after Nixon’s resignation, LBJ said that he was “so dumb he can’t even pee and chew gum at the same time.” The intention of keeping the 5%, while maintaining relationships between communities within a constituency, is an example of how this Bill and this boundary commission, which I trust and respect, can and will be able to pee and chew gum at the same time.
I found the speech by the right hon. Member for Warley strange as he was, in effect, making the argument for what we have now, which is a wide appreciation of the number, so as to make it easier, so he says, for communities to stay together. I understand that argument. It is not a wholly illegitimate one, but if we take that view and do not trust the boundary commission to get this right, over time—probably quite quickly, bearing in mind the speed of population movements these days—we will get to the same position we are in now. I think there is broad agreement across the House and this Committee that we should take this opportunity to make a change to this system, given that these boundaries have been out of date for 20 years or so. If we are to do so, it is very important that we have a tight margin of appreciation so we can set the dial to make sure every vote counts as equally as possible.
John Spellar
Would the hon. Gentleman consider the possibility that it is because we have been through a couple of boundary commission recommendations, and found how inadequate and badly based many of them are, that we distrust them?
Bim Afolami
I was about to agree with the right hon. Gentleman. However, the point of our system is that in response to arguments, the boundary commission changes what it has proposed. Members can correct me if I am wrong, but I think that during either the 2013 review or the 2018 one—as we all know, those reviews were abandoned because the House failed to approve them—almost 50% of the changes that were made were changed in response to submissions, both from Members who were in the House at the time and from other interested parties, including members of the public.
I have no doubt that the boundary commission will make mistakes, but I trust the ingenuity of those people who will be able to challenge it: not just Members, but political parties, members of the public and random geeks who do this sort of thing for fun. I trust that the boundary commission will listen to reasonable representations—particularly those regarding local ties and linguistic points, which the hon. Member for Ceredigion spoke about earlier—and that we can get this right. We need to get the margin of appreciation as tight as possible so that the votes of all members of the public in this country can count equally. That is a very important principle, and one that I support.
David Linden (Glasgow East) (SNP)
I am listening very closely to the hon. Gentleman. The Committee has talked at great length about the importance of voters having an equal say. Does he accept, however, that until people in this House are willing to be grown up enough to address the inadequacies of the first-past-the-post system, we are—I do not want to say “unable to pee and chew gum”—putting our effort in the wrong place? Quite rightly, we are saying that we want to have equal voting in constituencies, but we are unwilling to talk about the inadequacies of first past the post.
Bim Afolami
At the risk of straying from the measures covered by this new clause, we can have that debate. I happen to support the first-past-the-post system, but I understand that there are very good reasons for not doing so. However, that is not the place of this Bill. If people wanted another referendum on the voting system, I think first past the post would win, as it did several years ago, but I am perfectly happy to have that debate.
In relation to the point made by the hon. Member for Glasgow East about the inadequacies of first past the post, those who do not like that system need to accept that if one is going to respect local ties and local communities and regard them as important, one cannot at the same time support moving to a system that involves much bigger regions, such as a single transferable vote system, or proportional representation generally. That would negate the original point. There are a lot of things that people say they like about the first-past-the-post system. I am not saying that they like every aspect. For example, there are people in my constituency who vote Green, and it is unlikely that the Greens would ever win in my constituency—although, of course, strange things happen in politics. Those who vote Green might say, “I never get a chance for my vote to count.” I appreciate that, but one aspect that people do like about the first-past-the-post system is the fact that community ties are respected and they feel that their Member of Parliament to some degree represents what they feel their community to be like.
We have talked about the difficulties of this. Of course the boundary commission gets it wrong sometimes, but it is up to us, members of the public, political parties and the geeks who do this stuff for fun to try to ensure that the constituencies make sense, because that, I think, is the core of the legitimacy of the first-past-the-post system. And if—this, I suppose, is a warning to the Government or, indeed, anybody else—this whole process were mismanaged and the boundary commission ended up not listening to members of the public, constituencies, Members of Parliament and so on and not making sure that the constituencies did pee and chew gum at the same time, we would get delegitimisation of the first-past-the-post system, because people would not be feeling that they would be voting for a particular Member who represented their community. Therefore I think that it is a point well made.
Clive Efford (Eltham) (Lab)
I support the new clause, tabled by my hon. Friend the Member for Lancaster and Fleetwood. I think that we need to go back and listen to some of the arguments that we have heard in this Committee before, but also some of the evidence that we have taken. People have highlighted the problems with 5% and the rigid use of 5%. The hon. Member for Hitchin and Harpenden, who just spoke, really made an argument in favour of more flexibility for the boundary commission, because he was saying, “Let’s trust the boundary commission. Let’s set the parameters and let it get on with the job.”
What the boundary commission clearly said in evidence to us was this. Mr Bellringer, when asked about tolerance of 5% plus or minus, said:
“It is something that we always used to be able to do in the past and did do on occasion. Prior to 2011, there was not this hard maximum and minimum, but we would still be aiming to keep constituencies within a broad range. Occasionally we would breach that if we needed to, to provide a better holistic solution.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 17, Q30.]
The boundary commission was clearly saying to us that it tried to keep within or close to the average, but on the rare occasions on which the local circumstances required this, it would use more flexibility. The argument from the boundary commission is clearly that it would like that flexibility in order to do a good job, and I think we should listen to it.
We have had experience of the 5%. We have just been through two reviews, and the complications and difficulties that the 5% created have given us the opportunity to have experience of that without having to implement it, fortunately, because Parliament saw reason. We have the opportunity now to correct that flaw in the process and increase the figure. I would suggest 10%, as the OSCE report suggests, but my hon. Friend the Member for Lancaster and Fleetwood has found a different solution to the problem.
We also heard from Dr Rossiter, who has investigated this issue. He talks about the situation where these tight tolerances force the boundary commission to go over local authority boundaries, and he respects the difficulties that that creates for Members of Parliament when representing different local authorities. He also made the point that the discretion of the boundary commission enables it to avoid those situations when putting forward proposals. We thus have evidence from an expert that such difficulties may be forced on the boundary commission the tighter we make the plus or minus above the average.
Dr Rossiter went on to say:
“I have noticed, when we have been looking at this, the significant help that increasing that tolerance by very small amounts will provide. As soon as you go from 5% to 6%, you have a big payback from going up by that one percentage point. That payback increases to around 8%, which is why we came to the conclusion in our previous report that a figure of 8% would be much more helpful.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 140, Q269.]
My hon. Friend’s proposal is 7.5%, which takes us close to the recommendation. That recommendation is based on expert review of the process of creating boundaries and its impact on local communities.
Returning to a point that I made in a previous debate, I firmly believe that we represent communities as much as numbers of people. Obviously, that has to be met within a certain tolerance. We cannot have a situation in which there is one enormous constituency of more than 100,000 people and one such as mine that is below the average. I also entirely accept that we cannot continue with constituencies that are 20 years out of date, which has led to some of the fluctuations in numbers.
Alec Shelbrooke
The hon. Gentleman said, I think, that he would be happy to go to 10% or 15% on either side. At 20% or 30% difference, these boundaries work, so there would be no need to change them within his preferred tolerances every 20 years.
Clive Efford
I am not sure that that is correct. We have examples of differences in constituency numbers that go well beyond 10%. I would not go beyond 10%, but I accept the 7.5% that my hon. Friend the Members for Lancaster and Fleetwood is putting forward. That is an acceptable figure that would give the boundary commission the flexibility it needs.
We have all experienced elections, in various numbers. I am on my ninth general election now. I do not want to put years on you, Sir David, but you have been through many more. It is clear that sections of our constituencies vote in similar patterns. I would say that that is because there is a commonality about the experience of those communities. When we start to subdivide those communities, their ability to affect an election and gain representation through their vote is diminished. That eats away at the root of the democratic process.
Those who wrongly focus virtually on numbers alone are in danger of undermining that part of the democratic process. More emphasis needs to be placed on location, community and all the common characteristics that make a community, over and above the numbers. However, I accept that there has to be a limit. I would say that my hon. Friend’s recommendation is about right.
Alec Shelbrooke
I agree with the hon. Gentleman about the types of community, and Mr Bellringer has given evidence that wards generally reflect communities in an area, and that to split them therefore risks splitting local ties. However, I think the argument falls down around extending the parameters and not splitting wards. We have seen in the past that in order to stay within wards, and to get the constituency to fit within a number, some very strange constituencies get built that do not represent those communities. It comes back to the question: is it about the plus or minus figure, or is it about going sub-ward level to keep communities together, as wards are described as doing? If wards are described as doing that, why would we then bunch a lot of different, disparate wards together to make one constituency? Surely they should be the same.
Clive Efford
We are talking about plus or minus 7.5%. I agree with the hon. Gentleman about the issue of wards, but Sir David pulled me up because it is not within the scope of this debate. However, I agree that we should look at sub-ward level, particularly where it might avoid having to create a constituency with an orphan ward or community—one single ward coming in from a neighbouring local authority area. If that can be avoided that is very desirable. Again, that would go back to my point that that is why we need flexibility within the boundary commission. We also need more co-operation with local electoral registration officers who have numbers down to street level, so they could clearly do that.
However, I take the point made by the right hon. Gentleman—or the point that he from the Electoral Commission—that where that happens it has to be a community. It cannot just be a few streets from a neighbouring area that does not really relate to the rest of the constituency. It has to be something that it makes sense to take down to sub-ward level. We do not need to worry about polling districts, because we have heard from the Electoral Commission that local authorities carry out a review of polling districts immediately after parliamentary boundary reviews where necessary. Therefore, we do not need to worry about the parliamentary constituency boundary commission creating new areas at a sub-ward level if it avoids other disruption such as going out across other local government boundary areas.
To conclude, we need to provide this degree of flexibility for the boundary commission, which has made a case that that flexibility would help it. We have had expert advice that a tolerance level around 8% is most desirable; and that we get payback from each percentage point we go up from the rigid 5%, which begins to taper off if we go above 8%. I think my hon. Friend has got it right and I urge the Government to accept the amendment.
Chris Clarkson (Heywood and Middleton) (Con)
The hon. Member for Eltham said that Mr Bellringer indicated that the boundary commission tries to work as close to the quota as possible, and only varies where there is a good reason. I can only speak from the evidence I recall, which is mostly from the north-west. Our smallest constituency is Wirral West, which is just below 6,000 and was drawn at that size to try to avoid a cross-Mersey seat between the Wirral and Liverpool. The largest is 95,000 in Manchester Central, which was drawn very close to that size at the time because it was expected to depopulate. The commission does not always stay as close to the quota as possible. It sometimes take some very odd logical steps to try and make seats seem cohesive.
Clive Efford
I accept the hon. Gentleman’s point, because that is exactly what Mr Bellringer said. He said that as a general rule the commission would try to get as close to the average as possible, but in exceptional circumstances it would try to provide a better holistic solution. The hon. Gentleman is absolutely right, but that is not the norm.
Chris Clarkson
In which case, I invite the hon. Gentleman to look at the 75 seats in the north-west and see how many of them are close to quota, even when originally drawn. Very few is the answer. As a thought experiment I decided to see what would happen if we applied the 2019 electoral figures, which are the most up- to-date ones we have, to the 5%, 7.5% and 10% quotas. As a sample, I took all the seats represented by Conservative Members. Only one seat falls within the 5% quota, which is the seat represented by my hon. Friend for Hitchin and Harpenden. If we extend to 7.5%, we still have only one within quota—again, the seat represented by my hon. Friend for Hitchin and Harpenden. If we get to 10%, two of us—my right hon. Friend the Member for Basingstoke and me—are still over quota.
Looking at the population drift from these seats, it is not that large over a number of years. It is simply that the more the quota is extended simply to try to reduce the extent of change, the more the seats end up disproportionately large. When starting with a 5% quota variant, the maximum difference between the smallest and largest seats is 7,260. That rises to 10,912 on 10%; then 14,551 on 10%; then 21,826 voters based on the OCSE of a maximum of 15%. It is never more than 15%. The reality is that we will see population change in the seats that will be drawn, which is a natural consequence of some areas depopulating and other areas increasing in population. Drawing the quotas as closely as possible to the mean is a way of ensuring that when we review the situation in eight years’ time, the variation will not be so severe that radical change will be needed. Obviously, radical change will be required in this review because the information is 20 years out of date. We should aim to get the electorate as close as possible to that mean now, so that in the future we are not having to radically redraw the map every time we come to this exercise.
Christian Matheson
I speak in support of new clause 2, which I tabled with my hon. Friend the Member for Lancaster and Fleetwood. I have really enjoyed listening to the contributions to the debate, but I am concerned about the lack of consistency expressed by Government Members. That is partly in relation to the clause, but also in relation to the clause as it reflects other parts of the Bill. I will try not to stray too far from the clause, and I am sure, Sir David, that you will pull me back if I do.
The right hon. Member for Elmet and Rothwell—who, as always, makes me stop and think—talked about the boundary commission getting it right first time. I suspect that he meant in the first set of proposals as opposed to the former ones. One of the problems is that we cannot always trust the boundary commission to get it right first time. Frankly, there are occasions when it does not get it right the second time. That is why we opposed automaticity in another part of the Bill.
I understand what the right hon. Gentleman is saying, but the lack of absolute confidence—we do have confidence in the boundary commission—might have been expressed in another part of the considerations. The hon. Member for Heywood and Middleton discussed disparities in our own region, and about his seat and that of the right hon. Member for Basingstoke who, I think, has described her seat as being a small market town that has grown and grown over the years. She might wish to correct me. These changes do happen, and it is not simply that the boundary commission chooses to draw much bigger seats. Growth does happen, and for that reason it is projected that south-east England is likely to get extra seats as a result of population shifts.
The hon. Member for Hitchin and Harpenden—I must get it correct—said that the situation was not what we have now, but the new clause does not propose the situation we have now—it is not proposing 10% either way. I listened to my hon. Friend the Member for Eltham suggesting that we have 10%, and my right hon. Friend the Member for Warley suggesting that it is perfectly legitimate to propose that within the OSCE guidelines. However, the new clause proposes a balance between that very tight adherence to the variance of 5% and the need for community interest.
I listened to the debate at Second Reading, and the right hon. Member for Basingstoke, and the hon. Members for Newbury and for West Bromwich West might have mentioned the importance of reflecting community interests. We have all spoken on that subject, and the hon. Member for Hitchin and Harpenden discussed that in a question on first past the post, and spoke about maintaining the importance of community. Many Committee members have mentioned the importance of community, but the lack of consistency comes up when we reject all those arguments in favour of tight adherence. Somewhere, we have to strike a balance.
On this side of the Committee, as my hon. Friend the Member for Lancaster and Fleetwood said, we have accepted the Government’s arguments that we must have much more equally sized constituencies. We are asking Government Members to accept, as we strive to achieve that, that the guidance to boundary commissions should say that those community ties—which all other hon. Members have said are important—should be taken into account, so that they get it right first or second time. In this Bill, we do not have the opportunity to call them back if they do not get it right.
This new clause provides balance and a safety valve, as we have discussed regarding automaticity, to ensure that community interests and ties are taken into account. It achieves a tighter tolerance around the average, so that it achieves something of the Government’s aim—which is also our aim—to secure more equalised seats, but not going so far that it completely wipes out the community interest. Across the Committee, hon. Members have talked about that. I will therefore support my hon. Friend the Member for Lancaster and Fleetwood in the vote.
Chloe Smith
What a good debate we have had on this part of the Bill. I think we all knew this would be one of the main dividing lines in the Committee. I am pleased we have been able to air these arguments and discuss what they mean for the Bill and, crucially, for real people—to whom we should anchor our discussion.
As we all know, we are looking at the electoral quota followed by what is stipulated in the existing legislation, namely, that constituencies subject to a small number of exceptions must be between 95% and 105% of that electoral quota. That is the 10% point range. As we know, because we have looked at it comprehensively in Committee, the boundary commissions may then take other factors into account, which are subject to the overriding principle of equality in constituency size.
I do not want to detain the Committee on things we have gone over, but I will underline how far adrift the UK’s current constituencies are from that principle of equality. There are some very clear examples in England. Milton Keynes South clocks in at 97,000; Newcastle-Upon-Tyne Central clocks in at 54,000. That is not fair. In Wales, Cardiff South and Penarth comes in at 80,000 constituents, whereas only 43,000 electors get to have their say in Arfon. That is not fair. The Government are committed to ensuring greater fairness by updating parliamentary constituencies to ensure that across the UK votes have the same weight. That is what we care about. That is what we are delivering. That is the right thing to do.
I do not agree with the new clause tabled by the hon. Members for Lancaster and Fleetwood and for City of Chester. I want to make a point about the difference between theory and practice. It is easy for us to bandy about figures such as 5% and 7.5%, which seem theoretical. I pay tribute to the mathematical minds that we have in this Committee. My hon. Friend the Member for Heywood and Middleton is one of the finest, but there are others in the Committee who have a great facility with numbers and have really helped us in these deliberations by looking at what those figures mean when we run them under different scenarios.
Let us remember what those numbers are for. We are talking about people. Those numbers relate to the number of voters. Even the word “electors” might seem a step away from normal people, whom we ought to think of here. These people want a chance of fairness in their democracy and for their voice to be heard as equally as the next person in the next seat or nation in the country. That is the core principle at stake. It is unfair to go far off that average point. It is undesirable and it is unworthy of the people we are trying to do this for. We want to get this right for people who have asked for a change to their parliamentary constituencies. They voted for this as a manifesto commitment of this Government; indeed, it was in all parties’ manifestos, as I understand it. That is an important commitment to deliver. We should take that very seriously.
Ultimately, we must take that step away from numbers towards a judgment. The Committee heard evidence from Professor Charles Pattie of the University of Sheffield, who has been studying elections and boundary reviews for more than 30 years, about which we joked with him at the time—he has spent a very long time doing that. His conclusion was that he would certainly endorse the notion of an equalisation rule as the top priority. Dr Alan Renwick took us further in that argument. On the exact percentage that is appropriate, he said that
“numbers around 5% to 10% seem to be fairly standard. There is no answer that an academic can give you as to what is the correct number, but something in that region is appropriate.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 74, Q141.]
Cat Smith
I thank the Committee for the exchange of views on the new clause. My hon. Friend the Member for Eltham made the point that OSCE recommended a quota variance of 10% either way as reasonable. My new clause, which would provide for a variance of 7.5%, is a compromise. It is reasonable; I am reaching out to the Government in the spirit of working together to come out of the boundary review with equalised constituencies. There is no doubt that they will be more equal, although obviously not bang-on equal, because that would mean that every constituency was of exactly the same size.
The new clause would mean a move towards the equality for which I know we all strive. I do not believe that the Electoral Commission should be drawing constituencies that bump up against the top or the bottom of the quota. Indeed, it should aim to make constituencies as close as possible to bang on the quota, but by doing that, we would not be keeping communities together, but dividing them up. By tabling my new clause with the 7.5% variance, I am striving to find a middle ground where we can balance community ties and constituencies of equal size.
It is not that we do not trust the boundary commission to get that right. It is quite the opposite: we are trying to give the boundary commission the framework to get it right. With a restriction of 5%, we make its job much harder, and we are much more likely to end up with constituencies that divide communities rather than uniting constituencies. The new clause is reasonable. I am striving to compromise—I would be very happy with 10%, but I recognise that the Government’s position is 5%. I aim to meet in the middle, and the new clause is a reasonable attempt to get all parties to recognise the balance between equalising constituencies and recognising that community ties are incredibly important in our one member, first-past-the-post electoral system.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss amendment (a) to new clause 3, in line 8 leave out “35” and insert “40”.
Christian Matheson
I briefly seek the opinion of the Committee in discussion of the new clause. I hope that its aim is self-evident.
Most of us in Committee—my friends, the hon. Members for Glasgow East and for Ceredigion excluded—would consider themselves to be Unionists and proud to be British. I certainly would. My concern is that, as the Bill stands, the Union will be placed under unnecessary and increased strain, because the three smaller nations will take the larger hit to representation here at Westminster, in the House of Commons.
Historically, we heard in evidence that Wales and Scotland were over-represented in terms of population, but that there were historical reasons why that was the case. As devolution has progressed, we have had a Scottish Parliament and a Welsh Assembly, which on the passage of recent legislation became the Senedd—I look to the hon. Member for Ceredigion for approval of the pronunciation. Powers have passed to the Parliament and the Senedd so that more decisions are taken in Holyrood and on Cardiff Bay. Plenty of decisions, including large national decisions, however, still need to be taken at Westminster, on behalf not just of England but of the United Kingdom.
The important thing now—perhaps more than ever in the 20 or so years since we have had that level of devolution —is to maintain the strength of the Union and of the voices within that Union, in number as well as volume. The hon. Gentleman needs no support in terms of volume, but with number that importance is greater than ever.
I ask Members in the Conservative party—which, I think, is back to calling itself the Conservative and Unionist party—to share my concerns about all the hit being taken by the three non-English nations. We do not know the numbers yet, but we have a good idea and could make an assessment. Potentially, by transferring Welsh voices and Scottish voices to England—theoretically, Northern Irish voices too, although under the current numbers that does not look likely—we could destabilise not just the level of representation but the level of life experience from the nations.
What about areas that are more remote from Westminster? For example, and I have said this to the hon. Member for Ceredigion before, some areas of north Wales feel a little disconnected even from the Senedd on Cardiff Bay, and some areas of northern England and perhaps some in the far west, because of geographical distance, feel a little disconnected from Westminster. The more we disconnect from the national Parliament, the less legitimacy it has, and the less legitimacy it has, the less legitimacy the Union has, I fear. The unintended consequence—I genuinely believe that it is unintended—of the proposal in the Bill to transfer strength and numbers in this place from Wales, Scotland and Northern Ireland to England is that it will damage the Union, and damage the voices within the Union, and damage the experience that all the nations bring to this Parliament.
Mrs Miller
I follow the hon. Member’s argument, but surely he should reflect on the fact that Wales did not undergo the changes that it was due to undergo at the time of the creation of the Assembly, which has since become a Parliament. Those changes now have to take place, so that we can deliver the fairness that I know he and I want.
Christian Matheson
I absolutely agree, which is why, to develop my argument and to answer the right hon. Lady directly, the new clause in my name and that of my hon. Friend the Member for Lancaster and Fleetwood does not seek to maintain the current number of constituencies in Wales. We accept—as we accepted, incidentally, with regard to the previous new clause that we talked about—that there has to be some level of equalisation of constituencies.
That means that Wales and Scotland will lose seats, but in order to manage the different pressures between getting equalisation and maintaining the integrity and strength of the Union and the diverse voices within it, the new clause seeks to maintain a balance by specifying a number of constituencies that is fewer, for example, than Wales has now, but more than it would have if absolute equalisation took place. We are therefore addressing some of the points that the right hon. Lady mentioned, and trying to strike a balance that puts the interests of the Union at the heart of the Bill.
David Linden (Glasgow East) (SNP)
I am listening to the hon. Member very carefully. It will come as no surprise to the Committee that for me, as a Scottish nationalist, the strength and harmony of the Union is not something that generally keeps me awake at night; it often helps me to get to sleep. However, there is a point here. I do not want to conduct a debate with the right hon. Member for Basingstoke and the hon. Member for City of Chester, but it is very important for members of the Committee to reflect on the fact that this is not the first chipping away of the strength and harmony of the Union in this place.
The right hon. Lady talked about powers being devolved to Scotland and to Cardiff Bay, but let us not forget that this Conservative Government has introduced such things as English votes for English laws. That in itself has been a way of ensuring that Members of Parliament representing constituencies in England can have their say and has, in many respects, already opened up a second-class or second-tier Member of Parliament. I suggest to the hon. Gentleman that the issue the Committee is considering at the moment is not the first time that we have seen the integrity and harmony of the Union being chipped away, albeit inadvertently, by this Government.
Christian Matheson
The hon. Gentleman makes a salient point. I would suggest that we have English devolution, and if we were logical in these arguments, we would reduce the number of constituencies available in those parts of England where there has been devolution but not in the parts where there has not been. In my own area, for example, we do not have an elected mayor, whereas Greater Manchester—I see the hon. Member for Heywood and Middleton is present—does have an elected mayor.
Christian Matheson
Of course I will. I mentioned the hon. Gentleman, so I could hardly not give way to him.
Chris Clarkson
Following that logical stride, the devolution settlement across the UK has been entirely piecemeal. It is uneven across the United Kingdom and part of the current problem is a result of that. For example, there was a Welsh Assembly, so there was no reduction in the number of Welsh seats in 2005, whereas there was a reduction in the number of seats from 72 to 59 in Scotland. Does the hon. Gentleman accept that this situation is a natural consequence of the poorly executed devolution plan across the United Kingdom, and that now, in the interests of wider fairness, there should probably be a wider discussion about the devolution settlement for England, and each constituency in the United Kingdom should carry the same weight?
Also, does the hon. Gentleman accept as a cautionary tale that when Canada began setting quotas for certain provinces to have a set number of seats, it led to a massive expansion of the Parliament? They added 30 seats two elections ago, simply to try to keep pace with the fact that Quebec had to have a minimum number of seats.
Christian Matheson
To be clear, I was not proposing different sized quotas in different areas. I was just suggesting that that would be the logic of following devolution to the letter, and to the max, in terms of representation at this place. I agree with the hon. Gentleman that we have inconsistency in devolution in the UK. He should take it up, perhaps, with the Secretary of State for Housing, Communities and Local Government, or his successor. [Interruption.] I am not going to go there. The hon. Member for Glasgow East is naughty, Sir David, and knows he should not tempt me to go down that route.
There is another issue. Wales and Scotland in particular have different geography and different population levels from much of England, but not all of it. I am thinking of rural Wales and rural Northumbria, for example. Wales in particular is affected by geography—the sparsity of west Wales and areas such as Brecon and Radnor or Montgomeryshire, the geographic barriers represented by the Welsh valleys, the beautiful area of Snowdonia, where, again, I spent much of my childhood, coming over the border. There is also Ynys Môn. The Committee decided this morning that it should be protected, and I supported that and we have been calling for it for a long time. However, that has a knock-on effect for other constituencies, which must themselves deal with issues other than population, such as sparsity and geography, which need to be taken into account. Because the Committee has decided on a tight 5% tolerance, it is even harder to take into account those areas, and the issues are amplified because Wales is losing so many constituencies. The problems mount one on the other. Every decision that the Committee makes puts further strain on the Welsh area in particular and therefore on the integrity of the constituencies and their viability—and therefore on the Union, because of the way they are represented here.
The hon. Member for Ceredigion spoke this morning about a constituency measuring 97 miles from one side to the other. Whoever the Member for that constituency would be—I think that it would have happened under the 600 boundaries; if 50 constituencies were lost with a tight tolerance there might have to be a 97-mile constituency —they could not possibly do justice to such a huge expanse. It would not be fair to them or their constituents. We want equalisation as much as possible and we have had an argument today about constituents being properly served by having the same number of constituents, voters, electors or—the Minister was right—people living in the constituency. Similarly, they will also not be properly served if their Member of Parliament has to cover a constituency that is hundreds of miles wide.
It is the same for Scotland. I remind the Committee that it was previously proposed, as I believe I mentioned on Second Reading, that there should be a constituency that, if it were superimposed on England with one end at the Palace of Westminster, would have its top end at Nottingham. It would be impossible to serve that constituency or to give its residents any kind of service.
Ben Lake (Ceredigion) (PC)
On the point about the proposed constituency I referred to, over lunchtime I looked to see how it would fare under the new proposed quotas and the 5%. Taking the quota as around 72% we would save about 2 miles.
Christian Matheson
I am grateful to the hon. Gentleman—or in a sense I am not, because I should have liked an answer that put my mind at rest, which his did not. It shows the severity of the problems.
I shall deal with the new clause and then the amendment to it, which is a bit of a cheeky one, if the hon. Member for Ceredigion does not mind my saying so. The new clause tries to seek a balance between the point that the hon. Member for Ceredigion made about equalising constituencies, but at the same time not making the three other nations, other than England, take all of the hit, which in turn will damage the standing of this Parliament and the integrity of the Union. It will also recognise the unique geographical circumstances that Scotland and Wales have in terms of sparsity and geography, and will therefore support whoever is elected in these new constituencies to be able to do a decent job, and will support the residents to be properly represented. A constituency that is hundreds of miles wide is just as bad as a constituency with 100,000 residents. There has to be a balance. I suspect we will not be able to support the amendment tabled by the hon. Members for Glasgow East and for Ceredigion, which seeks to maintain the status quo.
We recognise that we cannot justify maintaining the status quo and therefore upsetting the apple cart of getting that equalisation of seats, but there has to be a balance somewhere to defend the Union, to make viable constituencies, and to be fair to the people who live in those extremely large constituencies. We have achieved that by meeting midway between the current situation and the situation that would happen with the Bill unamended.
Ben Lake
I thank the hon. Member for City of Chester for such a thought-provoking speech. I have thoroughly enjoyed our debate and I am perfectly willing to accept the charge of being a constitutional geek. We have debated a range of issues that really get to the heart of democracy and the questions of representation and what that entails. What the hon. Gentleman touched upon just now is something that we have not had an opportunity to discuss too much in Committee: the different challenges that an urban Member of Parliament might face compared with a Member of Parliament in a more rural constituency. I do not downplay the challenges of either; I simply say that there are different considerations and challenges. Although we might not be able to address some of those challenges in this Bill, I am sure the House authorities will have to do so in future. In the same way that it is unfair for a Member to try to represent a constituency of 100,000 electors, it is quite a behemoth task for a Member to do justice to a constituency that is more than 90 miles wide with a continuous population throughout it.
My point in relation to amendment (a) to new clause 3 —I am also willing to admit the charge of being a cheeky chappie in proposing the amendment—is purely to spark a bit of a debate around how we go about allocating seats between the four nations of the United Kingdom, and more specifically the appropriateness or otherwise of a single UK-wide electoral quota. I am here for the debate. I have my own set of views, which Members have probably already guessed, but the amendment is worth probing and it is worth having a discussion about some of the reasoning behind the single UK quota and, as my hon. Friend the Member for City of Chester also illustrated in some detail, the possible unintended consequences.
There has been a common theme in not only the evidence sessions but in Committee discussions about the question of Wales: the elephant in the room. We cannot deny the fact that Wales, in terms of registered electors, is over-represented in this place. If we take a single UK-wide electoral quota, there is no argument. What I am trying to probe is whether we should apply a single UK electoral quota across the four nations. Points have already been made about the differential nature of devolution across the UK. The hon. Member for Heywood and Middleton correctly pointed out the fact that it has been piecemeal. To quote a famous Labour colleague in Wales, devolution has very much been,
“a process, not an event”.
I am glad to get that on the record.
Something that was raised in the first evidence session stuck with me; it was presented by the representative of the Liberal Democrats. He used the line of “no reduction, no further devolution.” It made me think about the rationale behind approaching a single UK electoral quota. If I were a Unionist, I would be quite concerned and would stay up at night worrying about the potential consequences of the provisions in the Bill for future boundary reviews, given that they are based on registered electors, when demographics and population change.
The differences in population between England and Wales are illustrative of how things might transpire or are likely to transpire. Between 2001—not quite the precise time of the last register—and the mid-year estimate of 2018, the population of Wales grew by 200,000. That is not a great deal in the broader scheme of things, but it is still an increase in the electorate. I know the point is that population growth in Wales is slower than in other parts of the UK, and it is likely to remain the case that Wales will not grow as quickly as other areas. The consequence of that, should the measures in the Bill be implemented, is that we will be talking about yet a further reduction in the number of Welsh seats at the next boundary review. That is based on the projections provided by the Office for National Statistics—it is a very real likelihood. I hope things will change, but unless we see some drastic changes in demographic trends and migration within the UK, Wales is unlikely to catch up with the pace of population growth.
What does that leave us with? It leaves us with a situation in which the number of representatives who are sent from Wales to this place will initially reduce by about eight—that is the figure that is commonly agreed on for this review. A further one or two seats will then be lost at each subsequent review every eight years or so, such is the disparity in the population growth figures. I am suggesting that, in maintaining 40 Members of Parliament, we focus on what we do about the nations. How do we tackle this constitutional problem? We are a Union of four nations. Although I completely empathise with and understand the arguments made for maintaining electoral quality as far as possible, I am very conscious of the fact that, to all intents and purposes, we have a unicameral system of elected representation. Yes, the House of Lords could be a vehicle to try to top up the territorial representation side of things, but that is not an issue that is being discussed at the moment in any great detail.
David Linden
At the risk of having a bash-the-House-of-Lords session, which I am sure the right hon. Member for Elmet and Rothwell would enjoy, is there not a case for looking at the situation in the House of Lords—ironically—where certain demographics are protected? For example, there are 92 hereditary peers and 26 clerics. If we can protect particular demographics in the House of Lords, such as clerics and hereditary peers, why can we not do it for the four nations?
Ben Lake
The hon. Gentleman makes a good point, and my views on House of Lords reform are well known. Should we be serious about trying to make the best possible use of a second Chamber, many countries across the world have shown how a second Chamber can be used to top up geographical or territorial concerns. I would like to see the House of Lords reformed in that kind of direction.
I would also be quite happy to explore further whether we need to have some sort of an agreement at this point in time about the disparities between the number of seats for each of the four nations. It is already the case that should there be anything that agitates a lot of popular sentiment in England only, there is a very good chance that it will come to pass and that a majority decision in its favour will happen in this place. That is not necessarily the case for Wales or for the other two devolved nations of the United Kingdom. Although it is unlikely that we will manage to address the issue in the Bill, it is nevertheless something to which we need to give active consideration—I say that as somebody of a particular political persuasion.
The situation in Wales is perhaps slightly different from that in Northern Ireland. The devolution settlement is not as developed and deep as the one in Scotland, or indeed the one in Northern Ireland. There are certain important spheres of policy—policing and the judiciary, for example—that are reserved to Westminster and apply to Wales. That is not the case for my colleagues and friends from Scotland, so there are plenty of arguments why there is still a special case to be made for Wales within an unreformed Parliament. When I say “unreformed”, I mean the House of Lords continuing in its current constitutional position.
Clive Efford
I rise to speak in support of the new clause tabled by my hon. Friend the Member for City of Chester. This is about representation of communities and making sure that voices are heard through the democratic process. If we were to stick rigidly to the averages as calculated and impose them on Scotland and Wales, the significant loss of seats would make people in those nations wonder, “What is the point in the Westminster Parliament if our representation is diminished by such a degree—if we lose out in this process?” That is the way the public would see it, and that would undermine local representation.
I am prepared to accept that the situation in Scotland and Wales is significantly different from my situation in London and the situation in the rest of England. If we are to represent communities effectively, different numbers may apply, and it may be wrong to make a significant reduction in the number of constituencies, particularly at this time. A minimum threshold below which we cannot go is a sensible proposal. Those who say that they want to protect the Union—the integrity of England, Scotland, Wales and Northern Ireland—should think carefully about what the consequences of this process are, and the message that it sends to communities in Scotland and Wales.
The concept of making sure that we respect communities and local circumstances applies here, perhaps more than anywhere. During this debate, we have heard about constituencies that are geographically quite enormous compared with inner-city ones, in which people within a single constituency live more than 90 miles apart. When people are so distant, that cannot make for healthy democracy and healthy representation, so we have to accept some sort of limit on how large constituencies can be while still remaining a coherent, cohesive community that can be represented. I feel strongly about local representation, the link between a constituency MP and the communities they represent, which is something that Committee members on both sides of the House have referred to. We must give those MPs a racing chance of being able to represent their communities, so we cannot have constituencies that make that impossible.
I have an inner-city constituency, and although it is quite big compared with others, because there is lots of open space in it, I am able to go from one meeting to another; sometimes I do two or three meetings in an evening. That is nigh-on impossible for somebody with a constituency that is spread out over tens of miles—almost 90 miles. There has to be some sort of limitation on distance; we have to be realistic about that, whatever those who are fixed on applying mathematical formulas to this process say. There is an issue about democratic accountability and Members having strong ties to the community that they represent.
When it comes to the Bill’s impact on the number of Members of Parliament from Scotland and Wales, we have to step back and be realistic. If we want to maintain the Union, want people to value Westminster as the place where their laws are made, and want them to be well represented, there is a limit to how far we can go in cutting the number of MPs who come from Scotland and Wales to Westminster, so I support the new clause in the name of my hon. Friend the Member for City of Chester.
Shaun Bailey (West Bromwich West) (Con)
It is a pleasure to make my first contribution under your chairmanship, Sir David; I seem to have missed you during our sittings. I want to pick up on the eloquent contributions of the hon. Members for Ceredigion, for Eltham, and for City of Chester. We run the risk of viewing ourselves from within a silo in this place, as if we were the only part of the democratic structure, but in fact we do not operate in a silo. Back in the 1940s, when we started reviewing parliamentary boundaries, we probably were the most significant part of that democratic structure, but of course that has changed.
This links back to the point made about the devolution settlement. Over the past 20 years, electors have got a lot more sophisticated. The hon. Member for Eltham said that people need to understand where their laws are made. Yes, they do, but a lot of people’s laws are made not here, but in Holyrood or Cardiff Bay. From the interactions I have had, I know that our electors understand that division in where their laws are made, and how we operate within the structure. There is also the role of local authorities; during the pandemic, we have seen that, and the support that they provide. Speaking from local experience, people understand the difference between the role of their local authority, and my interaction as a Member of Parliament with that local authority.
Clive Efford
I am interested in the hon. Gentleman’s line of argument. Is he arguing that the role of Westminster is diminishing in Scotland, and that reducing the number of MPs from Scotland is justified? It seems a strange argument for the Conservative party to make.
Shaun Bailey
I am saying that we have to take a pragmatic approach to how we view our United Kingdom; as a Unionist, I would never say that the role that the hon. Gentleman speaks of is diminished. It would be remiss not to recognise that voters, particularly in the devolved nations, understand the differences I mentioned. We talk about reducing the number of constituencies in areas of the UK; in a way, we have to balance that with the democratic structures that now exist there.
David Linden
The hon. Gentleman makes a thoughtful argument, but I rather feel that he is trying to square a circle. I follow where he is going with his point on the different legislatures that are available. My constituents have a Member of the UK Parliament, a local councillor and a Member of the Scottish Parliament. The problem with his argument is that until fairly recently, they also had a Member of the European Parliament. We are leaving the European Union—certainly not a change that I approve of—and legislative powers are, by and large, coming back from Brussels to Westminster. Under the Bill, those legislative powers will remain in Westminster, and representation for people in Scotland, including in my constituency, is diminished as a result. Can he not see that he is trying to square a circle in respect of Europe’s legislative powers?
Shaun Bailey
I see the hon. Gentleman’s point. It is a difficult one because it is a good point, but with respect to the line that I am following, I think the scope of what he is saying is a slightly different debate. It is slightly out of the scope of the clause but I see his point and recognise it to a degree. However, as we move into a more—without panicking Front Benchers—quasi-federal system perhaps, there needs to be a wider recognition of how we deal with these quotas. If we look at other systems—take Australia for example—and the way they set quotas between state and federal level, they differentiate. That is just how it goes. It means that areas lose seats and that loss of power is there, but it is made up for by the fact there is a system underneath and they interact with each other. I follow the argument of the hon. Member for Ceredigion, but given where we are constitutionally—I do not want to turn this into a huge constitutional debate because we could do that all day—and I agree that we need to be as pragmatic as we can and review this going forward, I think there is a balance there now with the Senedd and with the Scottish Parliament. I will draw my comments to a close to allow my hon. Friend to talk.
Chloe Smith
It has been another very interesting debate. I am grateful to the hon. Members for Eltham, for the City of Chester and for Ceredigion and to my hon. Friend the Member for West Bromwich West for a thoughtful exposition of a much wider point—much wider than we could hope to do justice to in Committee. We have seen in the arguments, certainly on the Government side of the Committee, the desire to fix a much wider constitutional issue—namely, how England, Scotland, Wales and Northern Ireland should relate to each other. Every single one of the hon. Members who spoke knows that that issue is much larger than the Bill. They also know that it comprises the rest of my portfolio and I would be delighted to speak about it at any other time. Indeed, we will. There are many depths in that work that are acknowledged and being worked upon and about which I am sure we will have many fruitful discussions in the future. I want to do two things today. I want to say a little bit more about why the Bill is not the right place to do that and then I will talk specifically about the merits of the amendment.
The Bill is not the right place to deal with the entirety of the constitutional settlement because, very obviously, it provides for a mechanism for independent boundary reviews, and the constitutional settlement is so much larger than that. This boundary review is, indeed, only for the UK Parliament. The constitutional settlement is much wider. Hon. Members will have heard the Prime Minister’s speech today, in which he made a number of passionately pro-Unionist points. He reminds us that the interests of the citizens of the United Kingdom—their security, prosperity, welfare, and all the opportunities we want to come out of the pandemic—are much wider than what we have here today and that he is addressing them. He is seeking to do that and he has set out clearly what he intends to do. Naturally, and as the Minister of State for the Constitution and Devolution, I am in full-throated support of that, but that is not the subject matter today.
Let us focus a little more on what the Bill does. We all want the constituent nations of the United Kingdom to have a powerful voice. That should be the foundation for all of us in this discussion and I am sure it is. We all want those voices to be heard loud and clear. That is the fair way for the Union to function and to come together in the Parliament of the unitary state. Because that is the only fair way, the new clause does not work. I am afraid to say that it would put inequality and inaccuracy in the way of that Unionist proposition and the prosperity of our Union. If we set in legislation the thresholds proposed in the new clause and amendment (a), we would be cutting into the heart of the idea that votes should be equal, and that would damage the equality between the nations and individual people of the Union.
Christian Matheson
I am grateful to the Minister and all hon. Members for taking part in an illuminating and positive debate. I was particularly taken by the intervention the hon. Member for Glasgow East made on the hon. Member for West Bromwich West, whose response was honest and positive. I welcome that. The idea of the legislative load being passed back from the European Union yet not having the legislative representation to manage that was a serious and salient point. I hoped the hon. Member for Glasgow East might have made a contribution to further develop that point, but he chose not to.
Chloe Smith
To make a brief correction, which should not detain us further, that is untrue. Those powers are returning to Stormont, Holyrood and Cardiff Bay—quite rightly. If we are referring to common frameworks, I am sure that the hon. Gentleman and the hon. Member for Glasgow East will be intimately familiar with the detail. That is an incorrect representation.
Christian Matheson
I am intimately aware of that. I will take the Minister’s advice, because I do not think all of the responsibilities are coming back. Some will go back to the various different Parliaments; others will stay here in Westminster.
Christian Matheson
I do not want to take too long, but both interventions were correct. The point is that some powers will go straight to the devolved Assemblies and Parliaments, but others will remain here. We are where we are.
Let me deal with the Unionist point of view first. When England play football, rugby or cricket, I support England, but I am also British and I am proud to be so. I have a sense of identity that tells me I am British. I do worry that the Union will be weakened under the Bill, because people will feel, in the nations other than England, that their voices are being diminished. That bothers me.
The Minister is right: there is a broader constitutional issue here. We are not trying to fix the constitutional issue, but we are trying not to damage it further. I do not want this to become an English Parliament. The hon. Member for Glasgow East talks about English votes for English laws, which, let’s face it, is a hotch-potch even now. There is a danger that this becomes an English Parliament and is seen as an English Parliament in the nations that are not England. That is my concern.
David Linden
I am immensely grateful to the hon. Member for City of Chester for giving way. It is just interesting to note that the issue of English votes for English laws might have passed hon. Members by. That particular Standing Order has been suspended during the proceedings of the virtual Parliament. I will leave it to the Committee to ponder whether it might be a good idea to bring that back when virtual proceedings end. A lot of people, regardless of whether they are Unionists or nationalists, would think that English votes for English laws is a pretty silly policy in this place.
Christian Matheson
I had not noticed that. You learn something new every day in this Committee. I think the Minister was unfair to characterise this idea as we think we know better. It is not that; it is simply that we are proposing to do the process differently to bring in balance. That is something that I have talked about on this clause and other clauses, and that my hon. Friend the Member for Lancaster and Fleetwood has talked about. We are trying to find a balance between community and numbers and geography and numbers. It is difficult and we have different opinions on it, but it is a genuine attempt to create a balance between the different areas.
It is right that this House and Parliament give instructions to the boundary commissions to go away and do their jobs, and the new clause is about trying to make sure that those instructions are balanced. It was a helpful debate with positive contributions, for which I am grateful. In the light of that, it is not my intention or that of my hon. Friend the Member for Lancaster and Fleetwood to press the new clause to a vote, so I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 4
Definition of “electorate”
‘(1) The 1986 Act is amended as follows.
(2) In rule 9(2) of Schedule 2 to the 1986 Act, omit the words from “the version that is required” to the end and insert “the electoral register as on the date of the last General Election before the review date.”’—(Cat Smith.)
For the purposes of future reviews, this new clause would define the electorate as being those on the electoral register at the last General Election prior to the review.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
David Linden
I beg to move, That the clause be read a Second time.
I am acutely aware of the time and the willingness on the part of all hon. Members to try to get through the remainder of the new clauses in this sitting, so I will not seek to detain the Committee. I appreciate that some Committee members, including me, do not represent a constituency that totals 12,000 sq km, but my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) does.
New clause 5 seeks to initiate some thought in Government about the size of some of the proposed constituencies. In drafting the new clause, I was thinking specifically about the Highland North constituency in the last set of proposals by the Boundary Commission for Scotland. As Mr Martin of the Scottish National party set out during our evidence session, there is provision within the rules for a constituency up to that kind of size, but put simply, such constituencies are increasingly unmanageable. The clause, which is very much a probing amendment, seeks to spark a debate about the size of constituencies we expect Members to serve while providing an efficient service to their constituents. I found myself chuckling in the last debate at the thought of people being outraged at the idea of having a constituency that was only 90 miles long.
As I mentioned earlier, the largest constituency set out by the Boundary Commission for Scotland proposals was Highland North at 12,985 sq km. That is 16.66% or a sixth of Scotland, 65% of the size of Wales, 92% of the size of Northern Ireland, about the size of Yorkshire, 8.25 times the size of Greater London, five times the size of Luxembourg and larger than Cyprus and Luxembourg put together. Indeed, the three largest proposed constituencies, Highland North, Argyll, Bute and Lochaber, and Inverness and Skye, would cover 33,282 sq km.
To put that in context, those three constituencies would cover 42.7% of the area of Scotland, which is an area larger than Belgium. The two constituencies of Highland North and Argyll, Bute and Lochaber would cover an area larger than Slovenia. Those large constituencies would also include several island areas, which makes MP travel across constituencies even harder. My hon. Friend the Member for Argyll and Bute (Brendan O’Hara) already has five airports in his constituency.
So I have outlined, to some extent, the challenges faced by colleagues in Scotland, which is the motivation for new clause 5.
Chloe Smith
I will keep it brief. I acknowledge the points that the hon. Gentleman has made, and he made them very well and very eloquently. He is right to bring in the experience of, for example, Charles Kennedy. There is no shying away from the fact that there will be large constituencies in a place that has a more sparse population. We have to face up to these issues and to how we can design constituencies accurately.
Essentially, the new clause seeks to achieve an easement, by reducing the impact of a certain rule, and I will just quickly run through that rule. Rule 4 in the second schedule to the 1986 Act relates specifically to constituencies that are geographically very large, and is, in effect, relevant only to Scotland and to the highlands, in particular. It stipulates that if a constituency is over 12,000 sq km and has yet to reach an electorate that is within the permitted variance range of 95% to 105%, the Boundary Commission may propose a constituency that is below 95% in electoral terms. That gives extra flexibility to meet the challenge of very large constituencies. As I said, it is a matter of reality that this matter falls to the Boundary Commission for Scotland. Indeed, the history of this rule involved using the largest constituency at the time to try to set a rule or a cap, so it is all quite specific.
It is not necessary to amend the rule in the way the hon. Gentleman proposes, because it is so rarely used and because the range of constituencies that would approach largeness is so spread out that even his new clause would not make a great deal of difference. I will just explain why.
At the 2018 boundary review, albeit that it was on the basis of 600 seats, the Boundary Commission for Scotland proposed only one constituency; that is the constituency of Highland North, which the hon. Gentleman has argued in this Committee is already infamous. There was only one constituency that exceeded 12,000 sq km. In that case, the additional flexibility provided by rule 4 was not even needed, because the proposed electorate was within the tolerance range.
Although we must not prejudge the proposals of the next boundary review, lowering the threshold to 9,000 sq km might bring additional constituencies in, but it might not, because the previous review was, as I have said, on the basis of 600 seats, and even it brought in only two proposed constituencies that were between 9,000 and 12,000 sq km. Their names—I am going to get my commas and “ands” wrong here—were Highland Central and Argyll. Those are two constituencies, and their names will be in the record.
There is my argument in a nutshell. Because we are dealing with such outliers in terms of size—the square metreage, and not necessarily the population—an extension to the rule is not needed. The sub-outliers, if you like, are still so far down the line from the outlier that even the hon. Gentleman’s new clause would not make a great deal of difference. That is fundamentally my point against the new clause.
To come a little more generally to the themes we have seen in the rest of the Bill, a boundary review is a balancing act. We have seen this across several of the new clauses that we have spoken about this afternoon and several of the clauses in the Bill. We have to balance important but competing goals. On one hand, there is the premise of equality, which is extremely important. We have spoken all the way through about the fundamental idea that a vote in the Scottish highlands counts the same as one in the Brecon Beacons, which counts the same as one in the Somerset levels. We have heard witness after witness back up that idea. But on the other hand, we also have to reflect local community ties and respond to specific and varied circumstances.
In this particular case, it is not an easy balance to strike, but I draw the Committee’s attention to the real nature of this part of the graph and suggest that it is not necessary to make the change the hon. Gentleman suggests, because the protection is already there through the specific protected constituencies and through rule 4 as it currently exists, which protects very large highland constituencies.
David Linden
I am grateful. This issue genuinely plays on the mind of quite a lot of Members in Scotland, so I am grateful for the opportunity to bring it to this Bill Committee so that people can consider it. At this stage, I will not press the new clause, but I will be giving further thought to it when we come to remaining stages on the Floor of the House. I am convinced that the matter is at least on the Minister’s radar. The very fact that she has stood up and shown a degree of understanding of the challenges faced by Members in Scotland is a source of at least some comfort—but perhaps I will bring something back in the remaining stages. On that basis, I will withdraw the new clause for now, but I suspect that we might see it at a later stage of the Bill. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 7
Constituency Groupings
“(1) Rule 7 of Schedule 2 to the 1986 Act (Northern Ireland) is amended as below.
(2) In the heading for ‘Northern Ireland’ substitute ‘Constituency Groupings’.
(3) In rule 7(1) for ‘Northern Ireland’ substitute ‘any grouping of five or more constituencies being considered by a Boundary Commission”.
(4) In rule 7(1)(a)(i) for ‘Northern Ireland’ substitute ‘the area being considered’.
(5) In rule 7(1)(a)(ii) and rule 7(2) for ‘in Northern Ireland (determined by rule 8)’ substitute ‘being considered for the area’.
(6) In rule 7(1)(b) for ‘Boundary Commission for Northern Ireland’ substitute ‘relevant Boundary Commission’.
(7) In rule 7(2) for ‘the electorate of Northern Ireland’ substitute ‘the electorate of the area’.”—(David Linden.)
The current Rule 7 is a special rule for Northern Ireland which recognises that with the small number of constituencies allocated, there may be difficulties in using the UK Electoral Quota, which may vary considerably from the “Northern Ireland Quota”, calculated by dividing the Northern Ireland electorate by the number of constituencies allocated. This problem exists when drawing constituencies in any grouping involving a small number of seats. It is an arithmetical issue, not one connected with any special Northern Ireland considerations. This amendment therefore extends the potential application of the rule to any constituency grouping of five or more constituencies, with the same conditions as currently apply to the design of constituencies in Northern Ireland.
Brought up, and read the First time.
David Linden
I beg to move, That the clause be read a Second time.
I hope that Members’ heads have not been hurting too much in trying to understand this new clause, which gives a discretionary power in certain circumstances to all boundary commissions, when considering a grouping of constituencies, that currently applies only to the Boundary Commission for Northern Ireland when considering those constituencies as a whole.
Boundary commissions have always worked by grouping areas together and designing constituencies within those areas. For parliamentary reviews, areas will be formed by grouping local authorities. Sometimes the initial set of groupings does not work and other things are considered. The Boundary Commission for Scotland helpfully publishes all its minutes at the start of the initial consultation period and, indeed, makes available maps of its rejected proposals as well, so that people can see exactly how it has come to its conclusions.
Let us say that we are designing 10 constituencies in an area with an electorate roughly equal to the UK electoral quota multiplied by 10. We would be able to use the plus or minus 5% variation to its full throughout the area to design our 10 constituencies. A problem arises when the electorate of the 10 constituencies combined represents somewhere between 95% and 105% of the UK electoral quota multiplied by 10, because the scope for variation then becomes very limited, meaning that, to retain the grouping, constituencies will have to be designed with very little scope for numerical variation. That can often lead to what looks like logical groupings being abandoned unnecessarily.
The problem was recognised in Northern Ireland, which was allocated 16 and then 17 seats in the two reviews under the current legislation. Current rule 7 allows the use of a Northern Ireland quota in defined circumstances. The Northern Ireland quota is simply the number of electors in Northern Ireland divided by the number of constituencies allocated. Use of that quota means the full plus or minus 5% variation for constituencies is then effectively reinstated.
To pre-empt what the Minister might say, there was an obscure issue in Northern Ireland in the last review around the point at which the decision to apply the rule was made, which resulted in litigation. I stress that that was very much a procedural issue, which was not relevant to the essential utility of the rule. The problem in Northern Ireland was a numerical one. It is not one in special recognition of the politics there. The numerical problem applies throughout the United Kingdom when we group constituencies, as all boundary commissions do.
I therefore look forward to hearing the Minister’s position and her explanation of why what is good for Northern Ireland is not good for all the other boundary commissions when faced with the identical issue. On that basis, I will draw my remarks to a close and listen to what the Minister has to say on new clause 7.
Chloe Smith
Sir David, may I invite the hon. Gentleman to say what his amendment does?
David Linden
I am grateful to the Minister for that. Essentially, I am looking to give as much flexibility as possible to the boundary commissions. That is the idea behind looking at whether we can apply rule 7 to other parts of the United Kingdom. I hope that that gives the Minister a bit of a steer about what I am looking to do with new clause 7.
Chloe Smith
I will do my best. What is puzzling me is why it might be a grouping of five, but if the hon. Gentleman will allow me to speak generally, I can, or perhaps he would like to articulate why it is five.
David Linden
I am happy to allow the Minister to deliberate more generally and look into the numbering. This is a probing amendment.
Chloe Smith
Okay. I will give it my best shot. My understanding is that the hon. Gentleman is trying to extend the rule that works in Northern Ireland and to apply it to the whole of the UK by saying that we could take a grouping of five or more constituencies, whose combined electorate meets a certain mathematical criterion.
I have said it before and I will say it again: the Government are committed to delivering equal and updated constituencies for the UK. We can do that only if the rules set for the boundary commissions allow them to propose constituencies that are equal or as equal as possible. That loops back to many of the nuances and balances that we have spoken about throughout the Committee. I fear the new clause goes in the opposite direction and, in doing so, raises a couple of problems, which I will try to draw out.
Let me start with what rule 7 is for. It exists because of a specific issue arising in Northern Ireland. Of the four nations, it has the smallest discrete group of constituencies. At the beginning of a boundary review, as I referred to earlier, numbers of constituencies are allocated to each nation using the Sainte-Laguë method. As each nation must have a whole number of constituencies, there is inevitably either a rounding up or a rounding down at the moment. For Northern Ireland, that has been likely to mean—and will still be likely to mean—either a rounding up to 18 or a rounding down to 17. The effects of that can be quite significant when you have only a double-digit number like that.
Rule 7 first applies a mathematical formula to assess the significance of the rounding effects. If, as a result of the rounding down, the overall electorate in Northern Ireland is significantly more than might be expected, by taking the UK electoral quota and multiplying by 17—the number of Northern Ireland seats—then rule 7 may come into play if the Boundary Commission for Northern Ireland judges that is necessary in order for it to adequately perform a boundary review. In those circumstances, rule 7 then allows the Boundary Commission for Northern Ireland to apply a more generous electoral quota variance range, that range being ascertained through a second mathematical formula. I apologise for the level of detail, but I wanted to set out what rule 7 does before going any further.
David Linden
While I am tempted to try to give everyone on the Committee a migraine, I probably will not press the new clause to a vote, but I am glad for the opportunity to have this debate and to explore some of the issues.
I have heard Committee members talk often about equal votes and equal constituencies but, as I said in response to an hon. Member whose name and constituency escape me, we are perhaps having that debate in a silo, because we are having it without cognisance of the unfairness of the first-past-the-post system. The Minister just mentioned equal votes and equal constituencies, but look at the constituency of the right hon. Member for Knowsley (Sir George Howarth). He has the largest majority in the House. He took 80.8% of the vote and has a majority of 39,924. That is great for him. I suspect he goes to his count and watches his votes being weighed. It makes the point that if we are going to have a conversation about equal votes and equal constituencies, I do not know if we are starting at the wrong end.
Coming back to my new clause 7, it was an opportunity to try and kick a bit of debate about, but it is probably best not to do that at about ten to five in the evening, when we have already done five or six hours in Committee. I am glad we had that opportunity but I will not put the new clause to a vote. I will consider whether I want to go down that slippery slope when we come to the next stage of our proceedings, although I suspect the appetite for that will be fairly small.
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 8
Boundary Re-alignment
“(1) Where—
(a) existing parliamentary boundaries when originally recommended by the relevant Boundary Commission contained an element of alignment with a local authority area boundary; but
(b) as a consequence of a local authority area boundary review these boundaries have ceased to be aligned; and
(c) the number of registered electors affected by the local authority area boundary change was not more than 1,000;
the relevant Boundary Commission may submit a report recommending the re-alignment of the parliamentary constituencies affected to the new local authority area boundary.
(2) The procedure in Section 4 applies to orders following a recommendation under subsection (1), as it applies to orders following reports of the Boundary Commission under Section 3, with any necessary modifications.”—(David Linden.)
Local authority area reviews typically happen when a new housing development is built on an existing local authority boundary. The review might mean that a whole development is moved in to one authority, or other aligning changes. Without a parliamentary boundary change, this can mean a small number of electors from one local authority being in a constituency otherwise wholly within another local authority. This amendment gives a power to re-align parliamentary boundaries with the new local authority boundary where no more than 1,000 electors are affected. If there are more than 1,000 electors, then the boundary would be for consideration at the next periodical review. As the local area boundary would itself have been subject to local consultation, a further statutory public consultation in relation to the parliamentary boundary is not proposed. The relevant Boundary Commission could carry out such informal consultation as it considered necessary.
Brought up, and read the First time.
David Linden
I beg to move, That the clause be read a Second time.
This new clause is slightly easier to understand. It seeks to deal with a specific situation that arises when local authority areas are redrawn and relates not to wards but to other electoral divisions within those local authority areas. Members will see that I have listed a registered interest as the Member for Glasgow East, and I will explain why as I develop my speech.
Unlike wards, local authority areas are not periodically reviewed. The justification for a local authority area review is usually when new houses have been built over a local authority boundary, although there can be other triggers. For example, the construction of the Edinburgh bypass resulted in one farm moving from Edinburgh into West Lothian.
Sometimes areas are redrawn without any voters being affected. I understand that principal area boundary reviews elsewhere are similarly unusual and not conducted on a periodic basis. The local government boundary commission for Scotland has only carried out 10 local authority area reviews since we moved to unitary authorities in 1995. As luck would have it, two of those reviews, conducted in 2010 and 2019, affected my own constituency, and it is for that reason that I registered a specific interest in relation to this new clause.
Constituencies where there are a small number of electors in one local authority area present additional difficulties for returning officers in co-ordinating elections. They also cause issues in relation to representation. If a constituency is equally divided between two local authorities, the MP will be able to maintain a good working relationship between both sets of local authority officials and, importantly, so will their staff. If only a very small number of constituents are from one local authority, those relationships will not be established in the same way. I reflect on that particularly as someone who represents both Glasgow and North Lanarkshire.
The Parliamentary Voting System and Constituencies Act 2011, combined with the Fixed-term Parliaments Act 2011, anticipated a world where we would have elections every five years and boundaries reviewed before each election. I think some us probably wonder what on earth happened to that. With a model of the five-year elections and reviews every election in mind, the Parliamentary Voting System and Constituencies Act abolished the idea of interim reviews. In the past, interim reviews of UK parliamentary constituencies were a check on whether more minor changes should be made to constituencies between the major periodical reviews. With constituencies being reviewed before each election, that process essentially became unnecessary.
The Bill looks to having reviews every two Parliaments or so. We never know when the next general election will happen—with this Government, that is fairly clear as they are looking to repeal the Fixed-term Parliaments Act 2011. Therefore, that brings back on the agenda the need to be able to set out the consequences of local authority area reviews.
My Scottish Parliament colleagues will have their constituency boundaries revised in time for the elections next year because Boundaries Scotland, as it is being renamed, retains an ability to conduct interim reviews. The 300 electors affected by the last local government area review in my constituency will move into a different Scottish Parliament constituency in May ’21. The electors affected by the earlier review were already in their correct constituency. The new clause does not attempt to bring back interim reviews, but to ensure that in those rare instances where there has been a local authority boundary change that can be reflected in the UK Parliament constituency, as it can be in the Scottish Parliament constituency as a result of the powers exercised by Boundaries Scotland.
The new clause contains a tightly drawn power that can only be used where a limited number of electors are affected by an area review. I would be happy to discuss further with the Minister the appropriate number, but in practice most area reviews involve considerably fewer electors. I hope the Minister therefore appreciates that the new clause is confined to very specific circumstances and is not an attempt to reintroduce interim reviews, and that on that basis the Government will support it.
Chloe Smith
I appreciate the way that the hon. Member for Glasgow East has framed the new clause—that it is not quite the same as the old policy of interim reviews but is a new policy for our times. I appreciate the way he put that. I understand the arguments he makes, but I argue that the new clause is not needed, and I will begin by looking back at what the old policy of interim reviews actually did, just to give us that context.
As I understand it, the new clause would give a boundary commission discretion to submit a report in between boundary reviews that recommends the realignment of existing parliamentary constituencies with a local authority area boundary that has ceased to be aligned with those constituencies owing to a local authority boundary change. The hon. Gentleman has been careful to try to temper that discretion by saying that it should only apply to 1,000 electors and, in effect, try to tackle the problem of orphaned electors who perhaps find themselves in a neighbouring constituency to the one they had expected to belong to. I think that the effect of this change would remain quite close to that of interim reviews and, for comparison, I will set out what those used to do.
Before the Parliamentary Voting System and Constituencies Act 2011, the boundary commissions had discretion to carry out interim reviews of particular constituency boundaries. They could, for example, take into account intervening changes to local authority boundaries or to a number of registered electors that affecting the boundaries of existing parliamentary constituencies in a particular area. Provision for this was removed under the 2011 Act. It was thought unnecessary because, as the hon. Gentleman outlined, general reviews would then be held every five years.
Under the Bill, reviews will be held every eight years, so I argue—as the Committee accepts—that boundaries will be reviewed and updated regularly. That is sufficiently regular to make interim reviews not needed, so we have no need to return to that old policy. I have concerns about both the policy of interim reviews and the proposed policy which, even though the hon. Gentleman has tried to minimise disruption, would still be fundamentally disruptive, hitting local communities and their relationship with their representation in this place.
We should also accept the fundamental truth that the different governmental boundaries that criss-cross our country will never be fully aligned; it will inherently be a moving picture, and it will never be possible to align all of them at any one time. It is hard to put in place a policy that tries to align a small bit of that while acknowledging that the rest keeps evolving. Boundaries change all the time, owing to population shifts and the growth of new housing settlements. The point of a boundary review is to try to control for that by taking a snapshot in time, once every eight years, and saying that that is the point at which there will be changes—there will not be ongoing, perpetual change, but change at a key point in time.
I also do not think it cost-effective to keep going for that perpetual change. I appreciate the arguments that have been made, including the minimisation argument inherent in what the hon. Gentleman has tabled. However, there is a practical argument against asking the boundary commissions to effectively chase their tail and go after something that could move perpetually between those eight years or something that does not always come to fruition. The point has occasionally been made in the Committee about how to treat housing developments. That certainly ought to be accommodated in boundary reviews—that is the point of regular enough ones to do that—but it is also the case that sometimes housing developments do not come to fruition. Had that policy wrongly predicted a settlement, ultimately public money would have been wasted in getting the boundary commission to look at it.
David Linden
I have never felt so powerful as I do right now. I am grateful for the Minister’s response. This was a probing new clause. The issue has dominated my email inbox since I was elected in 2017—there is a lovely little area in my constituency called Stepps, by Cardowan, where the good people vote highly for the SNP actually, but that is by the bye. I was keen to spark some thought in Government, but when drafting the new clause, I feared that putting the number at 1,000 electors would frighten the Government off a little. I will reflect on what the Minister has said.
At one minute past 5 o’clock, I will allow the opportunity for the hard-working Clerks and Hansard staff to get some respite. As this is the last opportunity I will have to say anything in Committee, I also thank you, Sir David, and Mr Paisley for your forbearance in what have been long-drawn-out proceedings. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 10
Protected constituencies
‘(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.
(2) In rule 6(2), after paragraph (b) insert “;
(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.
(3) In rule 8(5)—
(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and
(b) after paragraph (b) insert “;
“(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.
(4) In rule 9(7)—
(a) after “6” insert “(2)(a) or (b)”, and
(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020”.’—(Mrs Miller.)
This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.
Brought up, read the First and Second time, and added to the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Chloe Smith
I thank you, Sir David, and Mr Paisley for all of your work in chairing this Committee. We have all appreciated your clear chairmanship and good humour. I also thank the Clerks and all House staff who have made it possible to do a Bill Committee in these new circumstances. They have been most diligent. Also, many thanks to the witnesses who joined us and gave helpful evidence on our journey in Committee.
Finally, I thank all our colleagues in this room. I will pick on my two silent Friends who do not normally get a great deal to say in Committee, but I say it for them, so I thank my hon. Friends the Members for Walsall North and for Loughborough for their contributions. I thank all the parties represented here for the excellent quality of their debate and for the probing discussions we have had—in the witness sessions, as well, when we heard from other parties.
We have covered all the issues in the Bill comprehensively, with ample time to do so. I am pleased that we found common ground on the need to provide equal and updated boundaries for the representation of all the communities in our land.
Cat Smith
I want to put on the record my thanks to you, Sir David, and to Mr Paisley for chairing our proceedings in this Bill Committee. I also thank the officials for supporting our work, and members of the Committee for their contributions. I thank the Minister for her positive and thoughtful contributions.
This has been a first for me—the first time that I have made it to the end of a Bill Committee without giving birth. It is a great pleasure that this Committee did not go on as long as some of the others that I have briefly taken part in. I thank the Committee.
The Chair
I thank the three colleagues who have just spoken. Mr Paisley and I are both extremely susceptible to flattery, so we are very grateful for your kind remarks. I extend my thanks to all the officials, the Hansard writers and the Doorkeepers for all their support throughout the Bill. I thank all members of the Committee who have scrutinised the Bill to their full ability and who have coped with these rather unusual proceedings extremely well. Most of all, I thank our Clerk, whose wise counsels have prevailed throughout our proceedings.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Parliamentary Constituencies Bill (Seventh sitting)
Tuesday 30th June 2020
(3 years, 10 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Chair
Good morning. You are all very welcome. Before we resume consideration of the Bill, I have a few preliminary points to which I always like to draw hon. Members’ attention. Of course, the important one is that we must respect social distancing guidance. I will intervene to remind everyone if necessary—if we get too familiar. I remind Members to switch their electronic devices off or to silent mode. Of course, you want to bring in refreshments. I do allow that, given the detailed scrutiny that we are undertaking. I also remind colleagues that Hansard would be very grateful if Members emailed their speaking notes to the Hansard team.
The selection list for today’s sittings is in front of you. Members may wish to take a copy; it is available in the room. It shows how the selected amendments have been grouped for debate. Grouped amendments are generally the same or similar. Please note that decisions on amendments take place not in the order in which they are debated, but in the order in which 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.
Clause 6
Taking account of local government boundaries
Ben Lake (Ceredigion) (PC)
I beg to move amendment 1, in clause 6, page 4, line 37, at end insert—
“(2A) In rule 5(1)(d) (list of factors), after “local” insert “and linguistic”.”
This amendment would enable a Boundary Commission to take into account, if and to the extent that they think fit, the effect of boundary change on linguistic ties as well as local ties.
It is, as always, a pleasure to serve under your chairmanship, Mr Paisley. It is also a pleasure to kick off this morning’s proceedings by speaking to my amendment 1, which hon. Members will have noticed is designed to probe the Government and provoke a debate on the nature of local ties, what “local ties” might mean, and, particularly with relevance to Wales but not just to Wales, linguistic ties. I will confine my remarks to the Welsh language, although I acknowledge that there are other languages within the United Kingdom to which some of the points I will make may be just as relevant. As I said, this is a probing amendment that I hope will spark some sort of debate.
The amendment would enable the Boundary Commission for Wales to take into account, if and to the extent that it thought fit, the effect of boundary change on linguistic ties, as well as local ties, when considering boundaries. We heard on 18 June, in the first evidence session, from Shereen Williams of the Boundary Commission for Wales. In answer to a question about local ties, Ms Williams mentioned that the commission in Wales looked at electoral wards and communities that are linked through joint programmes and projects. She went on to say:
“Also, quite uniquely, in Wales…is the Welsh language. We take it into account that you have constituencies where there are lots of links to the Welsh language. That is something we would like to keep together.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 20, Q37.]
My concern, in tabling the amendment, was not that the Boundary Commission for Wales takes no notice of the Welsh language and the links that communities have in certain parts of Wales—far from it. I know from past experience that the commission has been very receptive, and not just in the way in which it consults communities on proposed new boundaries; it has also taken into account, in submissions on certain proposals, what the impact of those might be on the Welsh language and the community. Rather, my concern is how the Welsh language, and indeed the local ties, will be catered for in future developments.
I know that later, when considering another part of the Bill, we will discuss the fact that Wales in particular stands to lose quite a number of seats, which has consequences for the commission’s work in redrawing the electoral map of Wales. It may be difficult for the commission to cater to all the different ties that fall under the statutory rule. In response to the next question, Ms Williams from the Boundary Commission for Wales said that
“it will be just as complex as the previous reviews, because we are losing quite a lot of seats.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 20, Q38.]
She was referring, of course, to the change to 650 as opposed to 600. We also know that demographics and the relatively slower rate of growth in the Welsh population will mean that we will probably stand to lose further seats in subsequent boundary reviews. I am quite concerned about how the commission goes about its work to try to incorporate all the different local ties, including the Welsh language and linguistic links.
If Members needed to be convinced any further about the importance of the Welsh language in Wales, in our afternoon evidence session on 23 June, in response to a question from the Minister, Dr Larner said:
“There is a lot of very well-backed-up evidence in Wales that Welsh speakers, particularly fluent, first language Welsh speakers, tend to hold slightly different opinions on a whole range of ideas…I would absolutely say that the ability to speak Welsh is a really important part of some people’s identity.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 128, Q245.]
I suppose that gets to the nub of the issue that I want to probe today: how does the “local ties” rule really capture the extent of the different elements that could constitute identity for some of our communities? I appreciate that identity is not something that we could ever capture perfectly, as it is very subjective. Rather, I am probing into whether under the statutory rules we can ensure that the importance and prevalence of linguistic ties, particularly in Wales, are maintained in future reviews.
Bim Afolami (Hitchin and Harpenden) (Con)
With regard to linguistic ties, how does the hon. Gentleman see dialect as being included within that—not so much the separate languages, but the separate ways and methods of communication and separate vocabulary, as seen in dialects?
Ben Lake
I am grateful to the hon. Member for that point. The debate about dialect is very interesting, and could certainly spark quite a bit of interest in Wales. He might be aware that northerners, or gogs as we call them in Wales, hold quite proudly that their Welsh is somehow superior to that of us mere mortals in the south. Of course, I am a west Walian, so I am better than both. However, he makes a good point on the distinction between dialect and language.
For the purposes of linguistic ties in Wales, I think it would be only fair for the Boundary Commission for Wales to consider the language as a whole. It would be unfair, and perhaps impossible, to draw the commission into adjudicating which dialect is more important. People feel quite passionately about whether they speak north Welsh, south Welsh, or west Walian as I do.
It is a good point, perhaps, for other languages. I do not want to interfere in the war of the roses that we had last week between Yorkshire and Lancaster, but people feel quite strongly about their dialects and accents. I would not be opposed to that being captured by the “local ties” considerations as the boundary commissions do some of their work in different regions. That would be a perfectly appropriate consideration for them to make. In Wales, I would not want the commission to have to tie too closely to the different dialects, but certainly the language itself is something that I want it to hold true to.
I reiterate that my remarks are not a criticism in any way of the Boundary Commission for Wales, which does incredible work. I fear that subsequent boundary reviews will be of greater complexity due to there being fewer seats, but the commission’s operation is compliant with Welsh language standards, and I know that it does a lot of work to ensure that it works as bilingually as possible, both in terms of its day-to-day administrative operation and when it consults with different communities. That is so important, especially when consulting with Welsh language communities.
I should mention that the naming of constituencies is not an issue for anybody to be concerned about. I am quite relaxed about that. We have two wonderful languages in Wales and we are very fortunate in that regard. I am happy that the names are bilingual; if anything, it is a bonus and a win-win situation. It is not a matter of the naming of constituencies, although I know there was quite a bit of work on that in the commission’s previous review.
My final point is that in subsequent reviews we may find that there are a greater number of Welsh speakers in the first place. I am happy that there has been progress in recent years in encouraging more people in Wales to be bilingual. This may well be a fear we need not address in the future, but at the moment it would be good to know how the different considerations that we can capture under local ties are prioritised, whether there is a hierarchy and how that works. In future reviews, if Wales has a smaller number of seats to divide the electorate, I would be concerned that the Welsh language may be a secondary or tertiary consideration, and would be relegated in that sense. Naturally, I would oppose that.
Can the Minister say how the Welsh language will be treated in future reviews, especially when the task of allocating seats within Wales will be far more complicated? I would be grateful. Diolch, Mr Paisley.
The Chair
Before I call the right hon. Member for Basingstoke (Mrs Miller), I remind Members that Tony Bellringer submitted a paper late last night. You should have an electronic copy of that. There are no hard copies, but there is an electronic copy.
Mrs Maria Miller (Basingstoke) (Con)
It is a great pleasure to serve under your chairmanship again, Mr Paisley, in a much cooler room.
I commend the hon. Member for Ceredigion on his amendment. He has made an extremely strong case for the importance of recognising language. I know how important the Welsh language is. I was brought up in south Wales, albeit not west Wales, and we all have views on the parts of Wales we know and love well. Now, more than when I was at school, Welsh is a living language. I commend everybody who has made that possible.
Within the rules that are already set out in schedule 2 to the Parliamentary Constituencies Act 1986, “local ties” can take account of language. Indeed, in the hon. Gentleman’s own advocacy for his amendment, he set out clearly that the boundary commission is already receptive to arguments made with regard to the Welsh language and it has already been shown that Welsh can be taken into account in the local ties.
The reason I have chosen to speak to this amendment is that I want to share with the Committee a way that we might think about this. There are lots of different ties that can be called local ties, including language. My concern about specifying language on the face of the Bill would be the impact that that might inadvertently have on other local ties. By having language on the face of the Bill, it might imply that other local ties that are not specified in that way may not be taken into account, or not be treated as well as they might have been in the past.
I understand the hon. Gentleman’s argument and why he wants to put it forward, but my concern is that that might inadvertently affect the way the boundary commission views other local ties. I hope that the Minister, while listening to the point, will see that the Government should not accept the amendment at this point.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairmanship, Mr Paisley. I rise to support the arguments made by the hon. Member for Ceredigion about the ties that are the Welsh language. I do not think it is possible to overstate the fact that the Welsh language is a cornerstone of Welsh identity. Although in the past we have seen a decline in the Welsh language, that is now reversing with the Welsh Government’s target of 1 million Welsh speakers by 2050. The hon. Gentleman’s arguments may one day become quite irrelevant if Wales is entirely full of Welsh speakers.
We have previously referred to the Council of Europe’s Venice commission, which recommends that boundaries be drawn
“without detriment to national minorities”.
Welsh language speakers are a national minority who require protection within this legislation. Welsh language ties are an important part of identity, and I would like the Minister to provide some clarity about the use of the Welsh language as a factor in the commission’s decisions. Language is an indicator of local ties. Although I do not speak Welsh myself—dwi ddim yn gallu siarad Cymraeg—and my life is probably all the poorer for it, I recognise the importance of the Welsh language to the Welsh identity, as does the Labour party. I therefore congratulate the hon. Member for Ceredigion on having tabled this amendment.
Alec Shelbrooke (Elmet and Rothwell) (Con)
It is a pleasure to serve under your chairmanship again, Mr Paisley. I congratulate the hon. Member for Ceredigion on having tabled this probing amendment, because our whole debate about clause 6 has emphasised the point about local ties and local communities. We must use this Committee to emphasise to the boundary commissions that although we do not necessarily need to legislate—the hon. Member for Ceredigion presented this amendment as a probing amendment, to spark that debate—we are discussing a very important section of this Bill, as I said last week, and it is incumbent on the boundary commissions to take notice of what has been said.
Rule 5 in the 1986 Act is exceptionally important. One can only draw on one’s local experience, so I come back to Leeds, because that is my area; it is where I live in Yorkshire, but there is a world of difference between inner Leeds and outer Leeds. The communities are very different. I have made reference to the long-serving previous Member for Leeds East, George Mudie, who was horrified at the thought of such different communities coming into an area that he had represented for so long. I hope that when the boundary commissions do the reviews, they take real notice of the debates about clause 6. Intelligent and sensible points have been made by Committee members on both sides of the Committee during this debate, which should act as the key guidance. Rather than us putting things on the face of the Bill, the commissions should consider the over-driving will and well-thought-out arguments in all the areas we have debated.
Again, I congratulate the hon. Gentleman on having tabled a thought-provoking and important probing amendment to this Bill, because it is important that we probe all of its aspects. Everything that has been said during this debate—even on the comical side, such as the hon. Member for Lancaster and Fleetwood, on the other side of the Pennines, and I joshing last week about the wars of the roses—shows the importance of local identities and how they are put together. That is a very important aspect, and I hope the boundary commissions will take notice of it when they are drawing up their first draft.
The Chair
We now have a brace of speakers. I remind Members that they should confine their comments to amendment 1 proposed to clause 6, as there will be an opportunity to speak on clause stand part.
Christian Matheson
It is a great pleasure to see you in the chair again, Mr Paisley. I will speak very briefly, reflecting on the contributions made by right hon. and hon. Members.
I agree with the right hon. Member for Elmet and Rothwell: this is a thoughtful and thought-provoking amendment. Somebody with my own experience would not necessarily have thought of it, but I am now giving it great consideration. However, having listened to hon. Members from both sides of the Committee, my concern is that although we can discuss what is important and what we want the boundary commissions to regard as important factors when deciding boundaries, none of them is relevant as long as we have such a tight variance—5%—around the quota that trumps everything else. The Committee has already considered this. Something as important as language and identity, which the hon. Member for Ceredigion has spoken about, simply will not get a look in because nothing else matters. I ask the Committee to bear that in mind.
I do not know whether the hon. Gentleman intends to press his amendment to a vote—we will wait and see what his decision is on that—but I ask hon. Members to think about that as we progress through consideration both of the amendment and of the rest of the Bill. Members on both sides of the Committee talk about the importance of community, of identity and of keeping together communities that share common interests, but unfortunately none of that will make a difference when the commissioners come to do their work, because of the very tight variance that we are asking them to use, which is the only consideration in the Bill.
Shaun Bailey
It is great to see you in the Chair again, Mr Paisley. I thank the hon. Member for Ceredigion for his probing amendment. I am a something of a fledgling Welsh speaker and taught myself in his constituency. Ydw, ‘dwi’n gallu siarad Cymraeg—ddim yn rhugl, ond yn iawn. Diolch yn fawr iawn. {Translation: Yes, I can speak Welsh—not fluently, but okay. Thank you very much.]
My right hon. Friend the Member for Basingstoke made a really pertinent point—my one concern is that the amendment could better limit how it define local ties— but the hon. Gentleman makes some really good points about language. Unless someone has been there and experienced a language in a community, they can never fully appreciate it, particularly in Wales. I speak of Wales because in my experience, the language, the community and the identity are so fundamentally ingrained there, meaning that the level of conversation and the way it flows is totally different depending on whether it is in Welsh or in English. That needs to be experienced as a Welsh speaker.
As many hon. Members have said, this is a really interesting probing amendment and it is great that the hon. Gentleman has tabled it so we can think about that. Hopefully, reaching 1 million Welsh speakers, which I think is an absolutely vital goal set by the Welsh Government and one with which I agree, will change the dynamic. I was pleased to hear in our evidence sessions about how the Boundary Commission for Wales takes language into account, which we saw in the proposals for the joined-up constituency of Ceredigion and Machynlleth in the aborted review; language played some role in drawing that boundary.
The hon. Gentleman is absolutely right: we cannot forget linguistic considerations. However, as my right hon. Friend for Basingstoke said, we need to be really careful not to constrain ourselves, so I cannot support his absolutely fantastic amendment, which I hope the Minister will consider carefully none the less.
The Minister of State, Cabinet Office (Chloe Smith)
It is a pleasure to serve under your chairmanship, Mr Paisley. I echo right hon. and hon. Members in welcoming this debate and the very thoughtful way in which the hon. Member for Ceredigion has proposed his amendment. It is important that we look at those issues, and he has given us great food for thought in the way that he has presented the topic.
That said, I will argue that the proposal should not form part of the Bill, and will do so on the basis of a point that we have covered a number of times in our deliberations so far, which is that we ought to retain the framework of factors in the schedule to the Bill at a relatively high level, thereby giving flexibility to the boundary commissioners rather than being any more specific. To be clear, we are talking about the list of factors in a specific paragraph of the schedule to the Bill. As the Committee will be aware, any boundary commission may take those factors into account when making recommendations if, and to the extent that, it sees fit. Those factors already include any local ties that would be broken by changes in constituencies.
I will make just one other preliminary point before I go on to how the boundary commissions have already been able to accommodate the importance of the Welsh language. It is that the amendment would have to apply to all the boundary commissions. The nature of putting something into these factors is that it would have to apply across the United Kingdom. Hon. Members might question whether that would be appropriate for the other boundary commissions to the extent that the hon. Gentleman has argued it is appropriate for Wales. There are some questions there. For example—Mr Paisley, I hope you do not mind me saying so—it is obvious that in Northern Ireland this would be quite a particular argument to put in the context of language and culture, which would have different effects from those in Wales, Scotland or England. For that reason alone, I hesitate to accept this amendment.
That said, the Welsh language is very important. It is an official UK language and one of the great inheritances of our Union, which we all have a responsibility to protect and develop. It is a manifesto commitment of this Government to support the ambition for 1 million people in Wales to be able to speak Welsh by 2050 and I am delighted that there are some in the Black Country as well, as demonstrated by my hon. Friend the Member for West Bromwich West. The UK Government are working closely with our counterparts in Cardiff on that commitment. I am pleased to say that 11 UK Government Departments have implemented their own Welsh language schemes, too.
In 2017, the Boundary Commission for Wales voluntarily adopted the Welsh language standards that became applicable to its sister organisation, the Local Democracy and Boundary Commission for Wales. It reports annually on how it has delivered against the Welsh language standards. The most recent report outlined that the Boundary Commission for Wales had implemented a language preference system for all correspondence with the public and confirmed that it published all online and offline material bilingually at the same time.
A critical part of the commission’s work is its extensive public consultation. We have touched on this in other parts of the debate. Equal status is given to Welsh and English throughout these consultations. I think that is very important, because it allows people to be able to advocate for their views in whichever language they are most comfortable with.
As the hon. Member for Ceredigion set out, the Boundary Commission for Wales already seriously considers Welsh language issues and links under the “local ties” factor. At the 2018 review, the boundary commission moved to designating all constituencies in Wales with English and Welsh names, as the hon. Gentleman mentioned. I can give some examples for the benefit of the Committee of how the boundary commission takes account of language.
During the 2018 review, a report by the assistant commissioners into the proposed constituency of Gwynedd noted that there was strong support for including four particular electoral wards in that constituency,
“because of the strong Welsh language, social and economic ties between that area and Gwynedd.”
[Interruption.] Did my right hon. Friend the Member for Basingstoke wish to intervene?
Chloe Smith
It was so emphatic that I thought it was another marvellous point coming from my right hon. Friend. Let me meet that noise of approval with another example from the 2018 review about naming constituencies. The commission initially proposed naming two constituencies in alphabetical order: “Colwyn and Conwy” and “Flint and Rhuddlan”. However, the order of these names was reversed in the final recommendations after the commission received advice about
“a Welsh language convention of naming geographic place names from north to south and from west to east.”
I make no comments about the merits of north, south, west or east Wales. The hon. Member for Ceredigion has already done that very capably. I should also note that the Boundary Commission for Wales raises the issue of Welsh language links in the meetings and briefings with the various political parties at the start of any boundary review, and it is open to the parties and members of the public to raise Welsh language links in the extensive consultation carried out during a review.
I hope that I have provided reassurance that the law as drafted already gives the boundary commissions—in this case the Boundary Commission for Wales—all they need to take account of languages and how they contribute to local ties. This is a pressing case in Wales. I hope the examples I have given show that that is already happening in action. On that basis alone, I suggest that the amendment should not be accepted.
However, I will advance one other, perhaps darker and more serious argument than the one the hon. Member for Ceredigion intended, and I certainly do not cast aspersions on him for making those points. I want to highlight a slippery slope that could occur with such an argument. It is right that the legislation does not set out characteristics of people, but sets out characteristics of place. There is an important moral dimension to that. It is easy to foresee a slippery slope, whereby other characteristics of people could be argued for in terms of how constituencies ought to be drawn. Although we have not given him much time yet in our debates, we could think back to Governor Elbridge Gerry in 1812 in Boston who did that. Of course he gave his name to the term “gerrymander”, because he created a constituency that looked like a salamander that had the characteristics of people that he wanted to be seen in one constituency. We should be cautious about the idea of opening up to placing people together because they have a certain characteristic, as opposed to local ties of place, which perhaps give a more respectable way to look at community. I am conscious that the hon. Gentleman certainly did not go that far in making his argument, and I would not want to say that he had done so. I am grateful to him for his thoughtful presentation of the issues, but I hope that the set of arguments I have put both demonstrate how the language is rightly taken into account, and show some of the dangers of going further with the amendment. I urge the hon. Gentleman to withdraw it.
Ben Lake
I will keep my remarks brief. As I set out earlier, amendment 1 was a probing amendment and I am pleased with the debate we have had. We have not only highlighted the importance of the language in Wales, but had a bit of a discussion about what constitutes local ties, and how we might try to balance them out. I agree with the Minister that the Boundary Commission for Wales has done sterling work in the conservation of the language and in adopting the Welsh language standards voluntarily. I know from experience in my own part of the world that in the proposed boundary change of 2018—or even before that; I have lost track—the Welsh language was a key consideration that informed the final recommendation. In no way did I try to criticise the work of the boundary commission in tabling the amendment. The boundary commission does very good work. My concern relates to how local ties are balanced in the future, but I accept the point about not only the appropriateness of having the language on the face of the Bill, but the possible unintended consequences for the boundary commissions. With that in mind, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chloe Smith
I managed to give some of the principal arguments for clause stand part earlier, so I will not detain the Committee long. If hon. Members can bear to think back to what was said, I explained why clause 6 was important in allowing a fixed picture of local government boundaries to be taken into account, and explained the necessity of fixing that point in time. I also explained the rationale for our inclusion of prospective changes in the Bill. Having heard no further questions or comments on any of those points, I hope that the clause will stand part of the Bill.
Mrs Miller
This will probably be a slightly longer speech than I would have hoped given the note that we received from the boundary commission last night. Now might be a relevant point to discuss the content of that note, although it will not necessarily be easy given that we have had it for such a short period. The reason why it is relevant to discuss it at this point is that clause 6 refers to the rules to achieve the overall objective in the Bill, which is to create constituencies of equal size, and those rules are set out in schedule 2 of the 1986 Act. Therefore, in this stand part debate I would like to talk about three different points so that the Minister might be able to respond and so that they are on the record for the boundary commission to understand the importance of these things to getting this right.
The first point is the content of the boundary commission’s note, which will help us create equal-sized constituencies by looking at sub-ward level. The second point is about protected constituencies, which I know we will come on to when we consider my string of amendments to the schedule, but I will briefly touch on it. The third point is how we take into account future growth, which I raised in an evidence session, but it was interesting that nobody really answered the question, so I am going to raise it again for the Minister to perhaps respond to.
Looking at the first issue, the number of electorates per constituency at sub-ward level, I put on record my thanks—and I am sure the thanks of the whole Committee —to Mr Bellringer of the Boundary Commission for England and his team for the note of 29 June and such a rapid response to the issues raised when he gave evidence. The lengthy note we received uncovers that we have hit upon something important. My right hon. Friend the Member for Elmet and Rothwell and others made the point several times that it is important that, first and foremost, we look at equality in the context of local ties. I think the only issue I take with the note from the boundary commission is the assertion that wards always—they say generally—
“reflect communities of broad common interest in an area”.
I think they mostly, but not always, do that. We could all give great examples of where wards even in our own constituencies do not particularly reflect communities of broad common interest.
Alec Shelbrooke
I thought I would intervene on my right hon. Friend rather than make a speech later because she is making absolutely the right points to sum up this stand part debate. A very important line that I picked up in the letter said that,
“wards generally reflect communities of broad common interest in an area, and to split them therefore risks splitting local ties”.
My right hon. Friend will agree that we do not want to argue with that statement, but that should also be the guidance for forming the constituencies: if the commissioners recognise that at ward level, they must recognise it at constituency level as well when choosing the wards that they are going to build constituencies from.
Mrs Miller
My right hon. Friend makes an extremely important point. Again, we can all think of constituencies, either our own or in our area, where that will be a considerable challenge for the boundary commission—where, in their words, there is going to be a significant review of constituency boundaries, particularly in constituencies such as mine, where the town of Basingstoke is now, one could argue, really too big to be one constituency. The debate is important and the Committee has shown the value of the process in raising this.
I note from the boundary commission’s response that they are not against looking at sub-ward level splits, which is obviously a matter of fact and they have done that in the past. However, I sense a reticence there for the future. I hope when the Minister responds she can underline the importance of ensuring that reticence is alleviated. Mention is made of the cost of splitting wards and pulling together data at a sub-ward level. There is a great focus on polling district data, which was not the only source of information that was mentioned in the evidence sittings and our debate. Yet the focus in the Boundary Commission for England’s response seems wholly to be on that form of information. Scotland and Wales already use postcode data, yet no mention is made of that in the response.
Chris Clarkson (Heywood and Middleton) (Con)
The boundary commission settled on the fact that it has to be units available across the entire country and then solely focuses on polling districts, which we have already said are subject to political considerations. What are not, of course, are postcode areas, which also represent, broadly speaking, cohesive communities. Does my right hon. Friend agree that that is an area that the boundary commission should consider?
Mrs Miller
My hon. Friend is right. It feels to me that the issue needs further consideration by the boundary commission. It is a great shame that even though it has already done an extensive piece of work with Ordnance Survey, surveying polling districts between 2013 and 2018—at a cost of a quarter of a million pounds, according to the note—there still seems to be resistance to looking at that in more detail or, as my hon. Friend suggested, at other data sources, which are presumably much more readily available. I understand that the Post Office delivers post every day, and therefore must update its information on a regular basis—particularly when new houses are built. Many of us will have had constituency casework on that issue.
Perhaps individual political parties might want to pick that issue up with the boundary commission. My feeling is that the Committee would want to press further for it to look at it in more detail.
Alec Shelbrooke
Is not the point—and the thing that we are trying to avoid—the fact that in previous boundary reviews there have been significant changes from draft 1 to draft 2, when things have moved to the evidence stages? Is not it better for the boundary commission to approach the matter with the advice and thought provided by the Committee, to try to get draft 1 right, so that there will just be minor changes in draft 2?
Mrs Miller
There is an old adage in the business world about doing the right thing right. Yes, the commission should do the right thing right first time, and not create re-work. I note from the letter that the Boundary Commission for England wrote to the Committee that it recommends that it should give priority to mapping metropolitan areas, given the late stage we are at, and the concerns it might have about being able to map the whole country at this stage. I think that that is part of the answer, but, as my hon. Friend the Member for Heywood and Middleton said, there is also room for it to look at other datasets, so that it will not be quite so focused on just one solution. I note from the submission that one member of staff was given the matter as a project. Perhaps if a little more resource was put into it, it could be turned around a little more quickly.
I am not quite sure how the Committee can put further pressure on to the boundary commission, but my ask to it would be why it is not looking at other datasets and why it cannot resource the matter more. Surely the Government, for whom the project is important, would want to look at any suggestion of additional resources that are needed to complete the work in a reasonable timeframe so that such data could be available, whether that is only for metropolitan areas or for a broader cross-section of the country.
The second issue that I wanted to turn to, briefly, is protected constituencies. Clause 6 touches on the rules in schedule 2 and I think we can be more ambitious for the Bill, in relation to using the concept of protected constituencies not just in England and Scotland but Wales. We will discuss two amendments on that later in our proceedings, when we can pick up on some of the issues raised by the hon. Member for Ceredigion and show our understanding of the importance of community. As a kingdom of islands, sometimes we need rules in place to respect that unique nature of the United Kingdom. We will come on to that shortly.
My final point is on taking into account future growth, which I raised with a couple of our evidence givers. I suppose I am thinking about constituencies like my own, Basingstoke, which has grown significantly in the past three decades, from being a sleepy market town predominantly surrounded by the most amazing and beautiful Hampshire countryside, when it was the constituency of David Mitchell, the father of my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), to what it is today, which is one of the top 10 centres of employment in the south-east—still surrounded by the most amazing and beautiful Hampshire countryside.
To the west of the town is a major development area by the name of Manydown, in the constituency of my hon. Friend the Member for North West Hampshire (Kit Malthouse). No houses have yet been built, but they will be, and to stop unnecessary change in the future it will be important for that in some way to be taken into account geographically in the setting of the boundaries.
Please do not get me wrong: I am not asking for that to be taken into account in the quotas, but surely with such major areas, which have already had many hundreds of thousands if not millions of pounds-worth of development put into planning for the future, it would be an unnecessary change pending in the future for it not to be taken into account. I am sure every single Committee member can think of somewhere in or near their own constituency where that would be the case.
Given that one of the factors in the rules—I think I have this right—is that we can look at such things for the future, I hope that the boundary commissions will be able to think about the geographical nature of what they do, not just the numerical population-based nature of it. However, I did not get a sense from their response, or from others, that that was something they were focused on yet. I hope that we can register that with them at this early stage, to stop what my right hon. Friend the Member for Elmet and Rothwell said in his intervention on planning for the future and instead to get things right first time.
Christian Matheson
I find the right hon. Lady’s contributions thought-provoking and very helpful. Mr Speaker—
Christian Matheson
Mr Paisley! Not yet—maybe next year.
May I express a sense of frustration at what I am hearing in Committee, including from the right hon. Member for Basingstoke, who has just spoken? She was absolutely right to talk about the importance of geographical nature as a consideration for the commissions, not just numerical nature.
As with the previous section of the debate, however, I worry that we are making heavy weather of the whole process. We have been talking about splitting wards and how the Boundary Commission for England—in particular, with Mr Bellringer’s note to us from last night about splitting wards—might somehow obtain data to help it split wards more accurately, or split streets, and perhaps we can even use postcode data. The hon. Member for Heywood and Middleton talked about using postal districts—I think I am roughly quoting him correctly.
We are making extremely heavy weather of something that we need not make heavy weather of, because the answers are already there. The only reason we have these difficulties, these problems and this debate is that the one consideration that the Bill gives to the boundary commissions is the tight 5% tolerance. Everything else flows from that. The right hon. Member for Basingstoke rightly talked about the importance of geography, not just numbers. Unfortunately, everything else that the Bill does denies that hope. We cannot have it both ways. We are making it difficult for ourselves, and for the boundary commission, by making everything else subservient to that one numerical fact.
Alec Shelbrooke
We are almost straying into new clause 2, which I think we will debate this afternoon. The hon. Gentleman is talking about how much easier it is with the 7.5%, and I hope that we can explore that further. In Leeds and in Kirklees, two West Yorkshire constituencies, 7.5% does not do it; we still have to split wards. Perhaps he can challenge my argument this afternoon.
Christian Matheson
I would not challenge the right hon. Gentleman. I take the advice that his local knowledge makes him an expert to give. We listen to each other and say, “Actually, in those circumstances it wouldn’t work.” However, the number of areas where we would not need to do that would be far fewer. I think that the Leeds issue, with wards of 17,000, is quite an extreme one. I suspect that some of those will have to be split anyway, but we make heavy weather by making the number of those instances, and their frequency, much greater as a result.
Mrs Miller
I am intervening only because the hon. Member referred to what I said. To be clear, what I am calling for is more rigour in the process. I do not hold with his assertion that by giving people more leeway we will get a better answer. We need more rigour in what is being done, and more detail from the boundary commission, to ensure that the commission comes up with the right answer and we get equal constituency sizes. There will always be special cases—that was the point that I was making—and they have to be recognised, but I was not calling for a more lackadaisical approach; I was calling for more rigour and detail in the system.
Christian Matheson
I am grateful to the right hon. Lady for that clarification. The point that I was making in response to her speech and other contributions was that as long as we insist on 5%, none of the other considerations that hon. Members across the Committee are calling for will be possible or indeed relevant. I believe that it is important, for example, to have community ties. Language ties had not occurred to me until they were raised by the hon. Member for Ceredigion in relation to the previous clause. I found that very thought provoking, but there has to be a balance between the aim of achieving equal-sized constituencies and achieving the community ties for which hon. Members are calling. Unfortunately, at the moment we are not hitting that balance.
Chloe Smith
I will keep this fairly brief, but I wish to take a moment to acknowledge the arguments made by my right hon. Friend the Member for Basingstoke and other members of the Committee regarding the evidence that the Boundary Commission for England has now provided to us. I confirm that I will look at this matter in the Department to see whether there are any ways that the non-legislative side of it could be taken forward. I am not in a position to say anything more about that at this point, but I wanted to acknowledge it now as part of the stand part debate on clause 6.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Alteration of the “review date” in relation to the 2023 reports
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Hon. Members will remember that clause 1 made certain changes to the timing of boundary reviews; it did that by establishing the end dates of boundary reviews—namely, the dates by which the boundary commissions must submit their reports to the Speaker. We discussed then how the next boundary review, starting in 2021, would have an end date of July 2023, to allow a slightly compressed timetable of two years and seven months for that review only. The intention there was to provide the best possible chance of the new boundaries being in place ahead of the next general election.
Clause 7 is the other side of the same coin. It sets the start date for the next review. The formal start date of a boundary review is known as the review date, and the Parliamentary Constituencies Act 1986 defines it as being two years and 10 months before reports are due to be submitted. Clause 7 amends the 1986 Act—I am talking now about rule 9(5) in schedule 2—making a change for the next review only, by maintaining the review date of 1 December 2020. For all subsequent boundary reviews, the review date will continue to be two years and 10 months before reports are due to be submitted.
As we have already discussed, bringing this back up to the general level of the arguments on this Bill, it has been well over a decade since the results of a boundary review have been implemented. Our constituencies are therefore based on electoral data that is up to 20 years old. The purpose of this provision is to ensure that the next boundary review, starting in 2021, finishes as promptly as possible, but without compromising the processes of the boundary commissions. The timetable of two years and seven months has been discussed with the boundary commissions and with parliamentary party stakeholders who, as I outlined in an earlier session, all support the move. I therefore hope that it will also have the support of this Committee as well.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Removal of duty to implement, etc. in relation to current reports
Question proposed, That the clause stand part of the Bill.
Chloe Smith
It is that part of the morning, Mr Paisley, where you keep me on my feet all morning, going through a rattle of clauses. Here we go.
Chloe Smith
Exactly; the audience awaits—or, as my three-year-old managed to learn to say the other day, “And the crowd goes wild!”. That surprised me coming out of the mouth of a three-year-old, but perhaps the same will be true of the Parliamentary Constituencies Bill Committee.
Chloe Smith
What does clause 8 do? It removes the legal obligation to implement the 2018 boundary review. As hon. Members will recall from when we discussed clause 5, the Bill will amend the existing legislation to ensure that we continue to have 650 parliamentary constituencies, as we do now. In order to achieve that, clause 5 set the number of constituencies at 650 for future reviews. That in itself does not resolve the current legal obligation on the Government to implement the 2018 boundary review, which was based on 600.
The boundary commissions have submitted their final reports for that review, but the recommendations have yet to be brought into legal effect. Clause 8 therefore brings the 2018 boundary review to a close without implementation. It removes the Government’s obligation to bring the recommendations of the 2018 review into effect, because those proposals would take us down to 600 constituencies at the next election, which this Committee has already agreed is undesirable.
Under this clause, that obligation would be removed retrospectively, with effect from 24 March of this year. I can explain that specific date to the Committee: it is the date on which the Government announced their intention to retain 650 constituencies in the written ministerial statement that I laid before the House. Without this clause, there would be a very irregular situation. We would be legally required to implement the 2018 review and implement the reduction to 600 constituencies at the next general election. I think that this Committee would agree, having already taken the decision to move from 600 back to 650, that that situation would be confusing and undesirable. Therefore this clause, although technical, is important and I urge that it stand part of the Bill.
Cat Smith
I will make a brief comment, not least to give the Minister a breather and a chance to get some water as she rattles through the clauses. I just ask her whether she is pleased to be able to have clause 8 in the Bill because the 2018 review did not have the automaticity clause that future reviews will have.
Chloe Smith
The debate would not have been complete had the hon. Lady not raised that point. I think it is fair to say that we have answered that one comprehensively in the course of these Committee proceedings so far; and given that we have also already agreed that automaticity is the right thing to do in this Bill, I am not going to entertain the argument any further.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Removal of duty to review reduction in number of constituencies
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Here we go again, Mr Paisley.
This clause is connected to clause 8, in that, as I have already said, the Bill seeks to maintain the number of constituencies at 650, reversing the changes from the Parliamentary Voting System and Constituencies Act 2011 that provided for 600. Section 14 of the 2011 Act also imposed a requirement on the Government to make arrangements for a committee to carry out a review of the effects of the reduction to 600 constituencies. I know we all love being on committees, but I think we can agree that we do not need another committee to do that particular function, having just agreed clause 8 and, earlier, that there should be 650 constituencies. Therefore we are cancelling those arrangements. They would have been required to be made no earlier than 1 June 2020 and no later than 30 November 2020—in other words, this year. As the reduction in the number of constituencies has not taken effect and clauses 5 and 8 already stand part of the Bill, the duty to review the reduction in the number of constituencies is entirely redundant.
Like clause 8, this clause is retrospective, and it will be treated as having come into force as of 31 May this year. That is obviously the day before 1 June—the start of the period within which the Government were to be required to make arrangements for a review to be carried out. Without this clause, the Government would be legally required to make those arrangements to undertake a redundant review, so I urge hon. Members, on the grounds of sensible work and governance and the need for no more committees, to support the clause’s standing part of the Bill.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Effect of Orders in Council under the 1986 Act on NI Assembly constituencies
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Clause 10 makes a different kind of provision, and it will take me a little while to explain the detail of it, so I trust that the Committee will bear with me while I do. This clause makes specific provision in relation to Northern Ireland and how boundary review recommendations are brought into effect there. I shall make a couple of preamble points that outline related legislation.
First, existing legislation—the Northern Ireland Act 1998—dictates that constituencies in Northern Ireland automatically mirror UK parliamentary constituencies. Therefore, when a boundary review is brought into effect for the United Kingdom, the constituencies for the Northern Ireland Assembly, each of which has five Assembly Members, will automatically change. Currently, that change happens at the next Assembly election. By the bye, this is not the case in either Scotland or Wales, where the boundaries used for the devolved legislatures are not linked in law to UK parliamentary constituencies, and are devolved matters.
The other point to bear in mind at the outset is that the Northern Ireland Assembly has scheduled elections, so we can predict when there will be moments when a UK parliamentary boundary review will finish close to an upcoming Stormont Assembly election. One of those moments, we can foresee, is in 2031/32. In addition, if, as there has been in the past, an unscheduled Assembly election were to be triggered close to the end of the boundary review, it would be important for there to be clarity about the boundaries to be used.
Chloe Smith
On a point of order, Mr Paisley. Are we dealing with the schedule and its amendments after the stand part debate?
Chloe Smith
Clause 11 gives effect to the schedule to the Bill that contains minor and consequential amendments, including the repeal of provisions that are now spent or superseded. The schedule contains several minor provisions. As I mentioned at the beginning of our line-by-line scrutiny, one such provision clarifies that references to the Secretary of State include the Minister for the Cabinet Office, which alone takes up three of the 11 paragraphs that make up the schedule—perhaps a reflection of how minor the provisions are.
Others provisions in the schedule include paragraph 4(2) which, to reflect clause 5 of the Bill, which amends the number of constituencies to 650, updates the UK electoral quota to be based on 646 rather than 596. That reflects the number of constituencies minus the four protected constituencies. I acknowledge, however, that we will come on to debate aspects of that matter later. To reflect clause 4’s changes to public hearings, paragraph 5 tidies up the references to public hearings in the Parliamentary Constituencies Act 1986.
Hon. Members may be interested in the schedule’s reference to Blackpool, which I can explain, should the Committee be interested. No doubt the hon. Member for Lancaster and Fleetwood is agog to talk about Blackpool, so I will cover it briefly. There was a mistake in an amendment to the 1986 Act in the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018.
The amendment made by that SI was intended to maintain the current position, that the BCE may take into account the boundaries of the European parliamentary electoral regions in England if it wished to do so, despite the repeal of the European parliamentary elections legislation. The regulations provided for newly defined English regions that correspond to the make-up of the existing European parliamentary electoral regions. The Bill adds the county of Blackpool to the description of the north-west region, which was erroneously omitted. Let the celebrations ring out around Blackpool for us having done that this morning in this Committee.
The schedule also ties up the drafting in previous related legislation, including the 1986 Act and the Parliamentary Voting System and Constituencies Act 2011. As they are very minor, I will not set them out in detail, although I would be happy to if hon. Members wish. The minor and consequential changes made by the schedule are important for tidying up the statute book and making the legislation easier to understand for the reader.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Schedule
Minor and consequential amendments
Mrs Maria Miller (Basingstoke) (Con)
I beg to move amendment 14 in the schedule, page 7, line 16, leave out “for “596” substitute “646”” and insert “leave out “596” and insert “645””.
The Chair
With this it will be convenient to discuss the following:
Amendment 11 in the schedule, page 7, line 17, leave out “646” and insert “645”.
This amendment is consequential to NC6, which would add an additional protected constituency.
New clause 6—Ynys Môn to be a Protected Constituency—
After Rule 6(2)(b) of Schedule 2 to the 1986 Act (protected constituencies) insert—
“a constituency named Ynys Môn, comprising the County of the Isle of Anglesey.”
This new clause adds Ynys Môn to the four protected constituencies
New clause 10—Protected constituencies—
(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.
(2) In rule 6(2), after paragraph (b) insert “;
(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.
(3) In rule 8(5)—
(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and
(b) after paragraph (b) insert “;
(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.
(4) In rule 9(7)—
(a) after “6” insert “(2)(a) or (b)”, and
(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020.”
This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.
Mrs Miller
These amendments and new clauses would effectively create an additional protected constituency of Ynys Môn comprising the area of the Isle of Anglesey County Council. The new clauses seek to amend schedule 2 to the Parliamentary Constituencies Act 1986, specifically the rules for the distribution of seats, resulting in Ynys Môn being included as a protected seat in rule 6. Consequential and necessary changes to rule 8 and rule 9 of the same schedule are needed to bring that fully into effect. Amendment 14 is a consequential amendment looking at the total number of constituencies.
There is an acknowledged principle in the 1986 Act that in our great British Isles, a collection of islands under our sovereign, Her Majesty, there are instances where the parliamentary constituency system needs to acknowledge challenges and limitations of building a constituency boundary system that adequately recognises island-based communities. Existing legislation does do that for two seats in England, neighbouring my own county in Hampshire, and for two seats in Scotland, but for none in Wales.
At this point I declare an interest. Although I was born in England and represent an English constituency, I was brought up in Bridgend, Wales. My maiden name is Lewis. My two brothers were born in Bridgend Hospital and my two nieces, Isabella and Olivia, attend a bilingual Church in Wales school in Llangattock. Yes, when England plays Wales in rugby, I support Wales. I am aware of the Welsh identity and the powerful role that communities play in Welsh life. When parliamentary boundaries were last debated, the move to 600 seats made it difficult to secure protection for the constituency of Ynys Môn. Given the return to 650 seats, I will attempt to turn the Minister’s head in the hope that she might be persuaded by arguments of both the head and the heart.
The people of Ynys Môn are rightly proud of their island and its unique history. While the boundaries of most other counties might be considered somewhat arbitrary—although not in Yorkshire and Lancashire, as we have heard—the boundary between Ynys Môn and the mainland is physical, perhaps indivisible and immovable.
John Spellar (Warley) (Lab)
There is something I fail to understand in this argument. Is Ynys Môn not connected by a bridge that was built around 100 years ago and is readily used all the time? How is it different from any other bridge in this country over rivers? The Isle of Wight argument was pretty thin, because the ferry is quite effective. Here you have a well-established bridge.
Mrs Miller
The right hon. Gentleman brings me straight on to my next point. It is as if he was reading my notes in advance—I am sure he was not. The Menai strait may be narrow enough to travel over by bridge, unlike travelling to the Isle of Wight, which he will be well aware is not connected by any bridges. However, the bridges were built very recently, and the people of Ynys Môn continue to have a strong sense of independence—born from many centuries of separation from the mainland—and have not changed. There are countless examples of Ynys Môn’s deeply held identity as an island community both physically and sometimes constitutionally annexed to the mainland. The island is environmentally and economically distinct from the mainland, being flat and fertile, with its rugged coastline and deep harbours standing in stark contrast to the mountains of Snowdonia.
The hon. Member for Ceredigion will, I am sure, tell me that my pronunciation is not good, but the area is known as Môn mam Cymru—Anglesey, mother of Wales. That is rooted in its history. Countless windmills still stand on the island as testament to the fact that it kept north Wales fed during the middle ages.
John Spellar
The right hon. Lady’s definition of “recent” must slightly differ from mine. The Menai suspension bridge was built in 1826, at just about the time we were getting any sort of franchise and about 100 years before we had universal franchise. This is a pretty thin argument, is it not?
Mrs Miller
I am sure the people of Ynys Môn will listen carefully to interventions made by Labour Members, which I am not sure necessarily reflect the arguments made over many years by others who have looked at this very carefully. The right hon. Member has a point that can be made, but this is not just a river or arbitrary boundary. This is a significantly sized island, which I think is actually almost double the size of the Isle of Wight. It is significantly larger than the Isle of Wight, so I think a bridge, however long it has been there, does not take away from its sense of identity. Indeed, there is clear and direct precedent for Ynys Môn to be treated as an exception. I hope, more generally, that the Labour party will support this proposal. Certainly, the evidence given to the Select Committee suggested that there was cross-party support. I am sure that the right hon. Gentleman is just making a little bit of mischief along the way.
There is clear precedent. The Isle of Wight’s two seats make an electorate of more than 110,000, Orkney and Shetland has an electorate of 23,000, and the Western Isles has an electorate of 15,000, so this is not about the number of people on an island but about the islands themselves, because they are geographically separate, with fractured populations. They have a tradition and identity that tend to override those numerical imbalances, which has rightly been recognised by this place over many years.
Ynys Môn possesses all the same exceptional qualities geographically, but also in its heritage. With an electorate of more than 50,000 registered voters, it is a sizeable community, as well as geographically sizeable. No other constituency I am aware of, or that Members have brought up so far in our consideration of the Bill, is in a similar situation to Ynys Môn. Its nearest comparators have all been granted protected status. While I know and understand the arguments made by some in Cornwall, I hope the boundary commission heeded the issues raised by Devonwall. That is a very different issue from those faced by island communities, and I do not think that the two arguments should merge.
We heard no dissent in our evidence sessions when the notion of protected status was put forward. As an island nation, UK citizens do not need to be told about the unique identity that results from living on an island. Recognising a plurality of identities is part and parcel of the geography of our British Isles and needs to apply to the Welsh island of Ynys Môn. There is a strong depth of feeling on Ynys Môn that the island should have this recognition. In our evidence session, Dr Larner, who is a research associate at the Wales Governance Centre at Cardiff University, was very clear:
“Obviously, Ynys Môn is not as isolated geographically as some of the Scottish constituencies, but, when you consider that the Isle of Wight is involved in these protections, it is reasonable to suggest that Ynys Môn should be too.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 131, Q251.]
I have to say that my hon. Friend the Member for Ynys Môn (Virginia Crosbie) put it best when she said: “Ynys Môn is unique. It is very special. The people have a strong sense of identity and community, unlike any I have experienced on mainland Britain. The countryside is rich and fertile, the coastline rugged and rural, and there is a very real sense of being an island standing alone from the mainland, despite the connected bridges. There is a commitment to protecting and promoting local business, the Welsh language and the culture and traditions of Ynys Môn. This is an island community that deserves to be recognised and protected.”
Ben Lake
Diolch yn fawr, Mr Paisley. It is a pleasure to follow the right hon. Member for Basingstoke (Mrs Miller). I echo a lot of the points that she made in support of the principle of ensuring that Ynys Môn is retained as a unique and integral part of Welsh political history, and indeed the UK’s political history. Some of the points that I will make support her arguments.
There is a bit of consensus in the Committee on the fundamental argument about whether Ynys Môn deserves to be its own constituency, but it is fair to point out that we have received a few pieces of written evidence questioning, and raising some valid points about, whether Ynys Môn is enough of an island and deserves to be one of the protected constituencies, along with the Western Isles, for example. Some of the points in the most recent piece of written evidence—forgive me, Mr Paisley, but I have forgotten the name of the individual who submitted it. [Interruption.] Mr Aaron Fear, that’s it! Mr Fear made the valid point that, whereas the remoteness of the Western Isles makes its own argument for that constituency, the proximity of Ynys Môn to the mainland means that it should not benefit from similar consideration.
We have had the opportunity in this Committee to look back at history, and we have covered many historical events. On the point about Ynys Môn being close to the mainland, the hon. Member for Ynys Môn (Virginia Crosbie) will attest to the fact that the Menai strait is a significant natural barrier—just ask the Romans, who had an issue with it. It is one of the most treacherous stretches of water, certainly along the British Isles. Despite the transport links that modernity has bestowed upon the island, when we come to the point about Ynys Môn having its own distinct community, we probably find ourselves in a similar position to the Romans looking across the Menai to the druids. The people of Ynys Môn consider themselves to be a very distinct community from that of the mainland, and that is something that we should bear in mind.
I do not have much more to add to the points that were very well made by the right hon. Member for Basingstoke. I will summarise as follows: when we consider whether islands should have protected status, it is valid to ask whether they are big enough geographically and in terms of population, whether they are remote enough, and whether they have a distinct sense of community. I have dealt with the remoteness issue. Yes, at the narrowest width, the Menai is only a couple of hundred metres, but the community of Ynys Môn is so distinct from that of the mainland that it deserves recognition.
When it comes to the island’s size, perhaps it is not so big in global rankings, but it is more than 700 sq km. The right hon. Lady mentioned a few islands. It is only 5 sq km smaller than the island of Singapore, to put it in context. It is the 51st largest island in Europe, if Madeira is considered to be a European island; it is the 50th if it is not. In terms of geographical size, it has a sound argument and pretty good credentials. The resident population is about 70,000, which again is not insignificant. If we consider some of the geographical areas on the mainland, it is quite a sizeable unit. Administratively speaking, it is the ninth largest local authority in Wales by population. Again, that speaks to why it should be considered its own entity.
I mention community again at this point. If the local authority point is not enough then it should be considered that Ynys Môn fielded a team for the Island games, competing with islands across the world in different sporting events. The team is proud to represent their island, not some sort of appendage to north-west Wales. To encapsulate everything, the point made by Mr Geraint Day during the first day of the evidence sessions is a humorous but important one. History is on the side of Ynys Môn being a distinct constituency too. Since the 16th-century Acts of Union, Ynys Môn has always sent its own Member of Parliament to London, and indeed—apart from the Barebones Parliament—has always had representation in this place.
Mrs Miller
I point out that my hon. Friend the Member for Ynys Môn is with us today, although unable to take part in proceedings because of her role in the Government.
Ben Lake
I referred to the hon. Member for Ynys Môn earlier on, and I am confident that she would agree with us if she were able to contribute. Ynys Môn has had continuous representation in this place, apart from the notable exception of the Barebones Parliament. Further to the points that have been made, if one needs to think about how Ynys Môn is considered within Wales, Môn man Cymru is probably the best way of putting it, as the right hon. Member for Basingstoke said. In her remarks on an earlier amendment, the Minister mentioned that the Boundary Commission for Wales agreed to the Welsh language convention of place names that run north to south and west to east. If that logic is applied, Wales starts in the north-west. What is the north-west? It is Ynys Môn. I do not have anything further to add. If the hon. Lady wishes to push the amendment to a vote I will support her.
Christian Matheson
It is a pleasure to take part in the debate. I think an amendment that I have tabled is similar in effect to those tabled by Conservative Members. Anglesey, which I knew as a child, is a great place. I remember we used to go there on holiday every year, staying at Red Wharf Bay at Benllech and visiting Llangefni market and Llanfair PG. I will not go any further than that. We still go there, and not so long ago I visited Newborough Warren. It is a wonderful place, and is a fantastic place to visit. The hon. Member for Ceredigion talked about the history of the Romans and the druids, and I was aware of that. He might want to correct me, but I think I am right that eventually the Romans got round their problem by fording the Menai strait at low spring tide, resolving their difficulties with the druids in, unfortunately, the fashion in which Romans resolved such problems.
Chloe Smith
Will the hon. Gentleman explain what the Romans ever did for the druids?
Christian Matheson
I am sure, Mr Paisley, that you would not want me to start listing aqueducts, currency, safety in the streets, law and order and so on. The Opposition have tabled a similar amendment—I am not sure of the procedural mechanism for resolving the fact that there is more than one amendment on the same issue. I will take guidance from you on that, Mr Paisley.
I make two points in relation to the debate. First, I ask Committee members to bear in mind the knock-on effect on the rest of the Wales, if and when they agree the amendment. We will be discussing that matter later. Right hon. Members have made good, sound arguments as to why we should accept the amendment. However, that has an effect on the rest of Wales, and I ask hon. Members to park that.
Secondly—I have to make this point, unfortunately, from a political point of view—never since St Paul took a trip to Damascus has such a great conversion been seen as that of Conservative Members deciding that perhaps Ynys Môn does need to be a protected constituency. Other parties, our own included, have called for that change in several reviews. Something has obviously changed, if Conservatives are all of a sudden in favour of the proposal. I invite members of the Committee to decide, in their own time, what circumstances have changed such that the Conservatives are, all of a sudden, in favour of it. Let us be clear: we have called for it in several reviews. We are, therefore, pleased that Government Members have seen the light, whatever the motivation that drove them to that point.
May I be indulged briefly, Mr Paisley, to pay tribute to the former Member for Ynys Môn, my good friend Albert Owen, who like you was a member of the Panel of Chairs? I miss him greatly as a person and as a mentor and adviser, but I know he still maintains a full role.
Chris Clarkson
As a Romanophile, I thank the hon. Member for Deva Victrix. I very much enjoyed the talk of Rome. On the political considerations, Ynys Môn is one of only two constituencies in the United Kingdom to have been represented by all three major parties and the local nationalist party, so the hon. Gentleman’s argument does not stand. Talking about north Wales, possibly combining Ynys Môn with Bangor would be particularly unfair to some mainland parts of Wales, which have distinct identities. I support the amendment: Ynys Môn is a distinct part of Wales, with a unique culture and identity, and has a perfect case to be a protected constituency.
Christian Matheson
I thank the hon. Gentleman for his intervention. In fact, my argument stands because only now has the Conservative party changed its opinion—again, I leave him to come up with the reason why.
Christian Matheson
I am most grateful. I am sure that Albert will be following this debate and will be most grateful as well.
We support the amendment and welcome the conversion of Government Members. We will work with them to see this through. We await the Minister’s response.
The Chair
For clarity, this debate is about amendment 14, in the name of Maria Miller. I said at the commencement that it would also be convenient to consider amendment 11, new clause 6 and new clause 10. If amendment 14 is agreed to, the subsequent one, namely amendment 11, will not be called.
Cat Smith
The grouping of amendments and new clauses on Ynys Môn gave me cause to think about the nature of island communities. I have enjoyed hearing the exchanges across the Committee Room this morning. Indeed, my father was born on an island and my mother was raised on one—the Isle of Walney, which was only connected to the mainland by a bridge in 1908 so, arguably, has a stronger case for special consideration even than Ynys Môn. The arguments about identity apply to any island community in the British Isles. For anyone born or raised on an island, that sense of community runs so deep that unless someone has lived or experienced it, it is hard to explain how that can forge identity.
Ynys Môn also has a strong Welsh identity, which we have not really touched on so far in this debate, but with a 57% prevalence of being able to speak Welsh, it has the second highest proportion of Welsh speakers by local authority in Wales. That just adds to the evidence that Anglesey is indeed a special place, which is why we believe that it should be awarded protected status. It also has the village with the longest place name in Britain —if anyone wishes to make any intervention to tell us what that is, I would be happy to give way.
Alec Shelbrooke
I cannot do that, but I will tell the hon. Lady who can: my hon. Friend the Member for Pudsey (Stuart Andrew), who was born there.
Cat Smith
Unfortunately the hon. Member for Pudsey is not taking part in proceedings. The amendments are about recognising the fundamental and distinct identity of Ynys Môn and awarding it protected constituency status. Although the Labour party will certainly support that, it throws up a debate about the potential conflict between the idea of protecting communities and identity, and equally sized constituencies. Creating another protected constituency makes it more difficult to have equally sized constituencies right across the British Isles.
I find many of the ideas that the Committee has discussed very contradictory. On the one hand, hon. Members argue for equally sized constituencies, and on the other, they argue for more protected constituencies, which ingrain unequal size. I am very clear that we should respect community ties and acknowledge that some constituencies will be larger than others to reflect those ties, but as far as possible, we should try to have constituencies that are as equal as they can be. The amendments highlight the challenge that that throws up, in recognising that communities should be included together when it comes to parliamentary constituencies.
Chloe Smith
I am really pleased that we have had this discussion, which, in formal terms, complements my opening remarks on clause 11 stand part.
Following on from the arguments articulated by the hon. Members for Ceredigion and for City of Chester, as well as by the shadow Minister, I can confirm that the Government will accept amendment 14, tabled by my right hon. Friend the Member for Basingstoke, and give Ynys Môn protected constituency status. I will go through the reasons for that.
I will pray in aid the hon. Member for Glasgow East, who occasionally helps me out in this respect. He was so kind to say earlier that I am a considered Minister who takes arguments on merit, which is what I am seeking to do today. That starts with reflecting on what the current legislation sets out. It sets out four protected constituencies, the boundaries of which are fixed and do not change at boundary reviews. They are all islands: Orkney and Shetland, Na h-Eileanan an Iar, and the two constituencies on the Isle of Wight. Currently, there are no protected constituencies in Wales.
During debate on the Parliamentary Voting System and Constituencies Act 2011, arguments were made that Ynys Môn should also be a protected constituency. Those arguments centred on the fact that the constituency covers a relatively large island geographically and has a sizeable electorate—and they still have merit today. Indeed, we heard witnesses and hon. Members of all stripes make the case for Ynys Môn, including Tom Adams of the Labour party, Geraint Day from Plaid Cymru and Chris Williams from the Green party, in addition to the parties represented on the Committee. Dr Larner from the Wales Governance Centre added his thoughts to the argument, too. Of course, hon. Members outside the Committee have also joined the argument via amendment 14, including the hon. Member for the Isle of Wight (Bob Seely), whose support is, I think telling.
I welcome my hon. Friend the Member for Ynys Môn, who is sitting in the Public Gallery. She has campaigned and worked very hard on this matter, on top of being a most assiduous constituency MP on other matters. If I remember rightly, her swearing in to the House was done in Welsh, which shows her commitment to the characteristics of her constituency. Since she entered the House, she has argued that local people sent her here to do just that, and I am glad that she is here to listen.
As the hon. Member for Ceredigion explained, Ynys Môn, which covers 715 sq km, is the fourth largest island in Great Britain in terms of geographical size, excluding the mainland—to be precise, that is including Holy island to the west. With an electorate of approximately 50,000, based on 2019 data, Ynys Môn is comparable to other islands that enjoy protected constituency status.
I am of course mindful that each additional exception slightly chips away at the underlying principle of equally sized constituencies—I will bring that argument into my own remarks before anyone else makes it. It is a consideration that we have to include in this decision. However, I am persuaded that the creation of Ynys Môn as a protected constituency would address an anomaly. It is the only island in the UK whose electorate and geographical area fall squarely within the range of the currently protected constituencies. It has a considerable electorate, sitting between those of the other protected constituencies: Na h-Eileanan an Iar is at one end, with an electorate of just over 21,000, and the Isle of Wight is at the other, with 111,000. The argument that Ynys Môn belongs among the protected constituencies is compelling.
Amendment 14 also responds in part to something else we have heard in this Committee, which is that Wales is likely to see a reduction in the number of its constituencies. For a variety of historical reasons, which we have discussed already and may discuss later when debating other amendments, Welsh constituencies are slightly smaller on average than most UK constituencies. Given that the next boundary review will seek to create constituencies that are equal in size, it is likely to result in fewer constituencies in Wales. It is relevant to note that the creation of an appropriate protected constituency on Ynys Môn will mean that the electorate of that island will not be included in any calculation relating to the number of constituencies in Wales.
This amendment also means that there will be at least one protected constituency in each part of Great Britain, which helps demonstrate the importance with which we regard those component parts of the Union, and that we think these are important, relevant considerations. We believe that Ynys Môn, with its sizable electorate and particular geography, would make an appropriate protected constituency to sit alongside the others. As I have already confirmed, we intend to accept amendment 14.
John Spellar
Can we have some clarity on how the arithmetic works? Will Wales be taken as a block and allocated a number of seats, from which the protected seat would then be abstracted and its quota spread among the other seats? Alternatively, will Wales’s population be included with England’s and Scotland’s, so that all the protected seats are taken completely out of the equation and the basic figure for constituencies will be decided quite separately from the protected constituencies?
Chloe Smith
I believe it is the former; indeed, that is what the consequential amendments in this bundle go on to do. We can complete that argument when we discuss the tolerance and the way in which the quota is arrived at.
I will now deal with the fact that a couple of amendments are grouped together, and other Members have already asked questions about the procedure. I assume it would be in order for me to indicate that I would like to accept amendment 14 and new clause 10, but not new clause 6 and its associated amendment. That is for the very good reason that consequential changes to the Parliamentary Constituencies Act 1986 are required to fully implement this protected constituency, and we need to ensure that those consequential changes are made by the amendments tabled by my right hon. Friend the Member for Basingstoke, not those tabled by the hon. Members for Ceredigion and for Glasgow East. That is not to say that those Members have not made good arguments today—they have—but I intend to accept the amendment tabled by my right hon. Friend the Member for Basingstoke. I hope that is in order, Mr Paisley. I think I have answered all the points raised.
Mrs Miller
I thank the Minister and also the hon. Members for Ceredigion and for City of Chester for their kind words and support for this approach to achieve what we all want. The Minister has indicated that she will accept amendment 14 and, when we come to it, new clause 10 as well. It is my hon. Friend the Member for Ynys Môn who has campaigned for this change, this protection, and today’s debate reflects her assiduous hard work and the understanding that she has of the community that she represents.
Amendment 14 agreed to.
The Chair
An historic day, colleagues! The next amendment on the paper is amendment 10, but that was debated last Thursday and David Linden indicated that he did not wish to press it to a Division. Unless Mr Linden has changed his mind, which could happen, we will move on.
Schedule, as amended, agreed to.
Eddie Hughes (Walsall North) (Con)
On a point of order, Mr Paisley. It would probably be more appropriate if we pause and continue our deliberations this afternoon. I therefore beg to move that our deliberations be now adjourned.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Written Statements
(3 years, 10 months ago)
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The European Communities (Designation) Order 2020
(3 years, 10 months ago)
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The Paymaster General (Penny Mordaunt)
An error has been identified in the laying letter for The European Communities (Designation) Order 2020, and as a result it was laid under an incorrect procedure. The Order should have been laid under the negative procedure but the laying letter indicated that there would be no parliamentary procedure. This was due to an administrative error.
A correction has been issued under Votes and Proceedings 23 June 2020.
The statutory instrument was laid on 27 May 2020 and the House authorities have agreed that they consider this instrument to be laid under the negative procedure from the date of laying. I wish to inform the House that the 40-day laying period ends on 3 July 2020.
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Negotiations on the UK's Future Relationship with the US: Update
(3 years, 10 months ago)
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The Secretary of State for International Trade (Elizabeth Truss)
The second UK-US Free Trade Agreement (FTA) negotiating round took place from 15-26 June 2020.
Talks continued to be positive and constructive, with progress being made towards a comprehensive agreement. Discussions spanned the majority of areas covered by the FTA, with further sessions coming over the next two weeks on the remaining major policy areas. This follows almost 20 intersessional meetings held in between rounds one and two.
The Government are clear there is no set deadline for this agreement. Quality is more important than speed. Any deal the Government strikes must be fair, reciprocal and ultimately in the best interests of the British people and the economy. Furthermore, the Government remain clear on protecting the NHS and not compromising on the UK’s high environmental protection, animal welfare and food safety standards.
During the round, talks advanced across a number of chapters and teams are now into detailed discussions on text.
There was good progress on a dedicated SME (Small and Medium Enterprises) chapter. This included agreement that the next formal UK-US SME dialogue will be held in Boston in October 2020.
UK negotiators also underlined the importance of high ambition on services, with financial services particularly vital to any final agreement.
On professional business services, both sides agreed to go further than existing precedent and agree provisions that reflect the strength of the UK-US relationship. This included a discussion on how best to support regulators pursue closer collaboration on the recognition of qualifications and licencing.
There was also discussion of specific proposals that might benefit the legal services sector.
More work needs to be done and both sides committed in the round to a full programme of engagement ahead of round three. Talks scheduled over the coming weeks include rules of origin, market access, digital, telecoms, intellectual property and business mobility.
The third negotiating round is expected to take place at the end of July.
Below is a summary list of those areas discussed in the round, which continued to take place through video conferencing:
General co-ordination
Trade remedies
Services sectors—professional business services
Small and Medium Enterprises (SMEs)
Services sectors—transport
Anti-corruption
Competition
Cross cutting services
Financial services
Good regulatory practice (GRP)
Customs and trade facilitation
Sanitary and phytosanitary (SPS)
Investment
Legal group—core text
Sectoral annexes
Environment
State owned enterprises
Technical barriers to trade
Other issues—including innovation and women’s economic empowerment
Economics
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